This document constitutes a legally binding agreement between you, the User/Rider, and MyKwik (referred to as “we,” “us,” or “our”).
By accessing or using the MyKwik website or mobile application, you agree to these Terms and Conditions (referred to as “Terms”).
If you do not agree to these Terms, you must not use our services.
1.2. Definitions
“MyKwik”: Refers to the MyKwik ride-hailing service, including the website, mobile app, and related services.
“User/Rider”: Any individual or entity accessing or using the MyKwik platform.
“Samurai (Driver/Captain)”: A registered User/Rider providing transportation services through the MyKwik platform.
“Passenger”: A User/Rider who books and uses ride services via MyKwik.
“App”: The MyKwik mobile application.
“Website”: The MyKwik official website.
“Ride”: The transportation service provided by Samurai (Driver/Captain) through the MyKwik platform.
1.3. Modifications
MyKwik reserves the right to modify these Terms at any time.
Any changes will be posted on the website or app, and continued use of the services constitutes acceptance of the updated Terms.
1.4. Governing Law
These Terms are governed by the laws of India.
2. Eligibility and User/Rider Accounts
2.1. Eligibility Criteria
User/Rider must be at least 18 years old.
Samurai (Driver/Captain) must hold a valid driving license, be legally permitted to operate a vehicle, and pass MyKwik’s background checks.
2.2. Account Registration
User/Rider must create an account by providing accurate and up-to-date information, including a valid email address and phone number.
User/Rider agree to keep their login credentials confidential.
2.3. Account Responsibility
Users/Riders are responsible for all activities that occur under their account.
MyKwik reserves the right to suspend or terminate accounts for unauthorized activities.
2.4. Verification
MyKwik may require User/Rider to verify their identity through a phone number, email, or government-issued ID.
Failure to complete the verification process may result in account suspension.
3. Services Provided
3.1. Ride Booking
Passengers can book rides via the MyKwik app by selecting a pickup location, destination, and vehicle type.
Estimated fare is displayed before booking, subject to variations based on actual travel conditions.
3.2. Ride Acceptance
Samurai (Driver/Captain) have the discretion to accept or decline ride requests.
Passengers will be notified of the Samurai (Driver/Captain) acceptance and provided with details such as the Samurai (Driver/Captain) name, vehicle information, and estimated arrival time.
3.3. Ride Cancellation
Passengers may cancel a ride within a specified timeframe without incurring a cancellation fee.
Cancellation after the Samurai (Driver/Captain) has already been dispatched may result in a fee.
Samurai (Driver/Captain) may also cancel rides if they are unable to fulfill the request, with appropriate notification to the passenger.
3.4. Service Availability
MyKwik does not guarantee the availability of rides at all times or in all locations.
Service may be subject to limitations due to factors such as demand, Samurai (Driver/Captain) availability, or technical issues.
4. Payments and Fees
4.1. Fare Calculation
Fares are calculated based on distance, time, and applicable surcharges, such as peak-hour pricing or tolls.
A base fare may apply to all rides, with additional charges for extra services or amenities.
4.2. Payment Methods
Accepted payment methods include credit/debit cards, digital wallets, and in-app payments.
Passengers must provide valid payment information and authorize MyKwik to charge the specified payment method for ride fares.
4.3. Payment Process
Payment is processed automatically at the end of each ride.
A digital receipt is provided via email or within the app, detailing the fare breakdown.
4.4. Refunds and Disputes
Refunds are issued only under specific circumstances, such as ride cancellations due to Samurai’s (Driver/Captain) errors or service failures.
Passengers can dispute charges through the app or by contacting MyKwik customer support within [X] days of the ride.
4.5. Gratuities
Tips for Samurai (Driver/Captain) are optional and can be added by passengers through the app.
MyKwik does not mandate gratuities but encourages passengers to tip for exceptional service.
5. Samurai (Driver/Captain) Obligations
5.1. Samurai (Driver/Captain) Eligibility
Samurai (Driver/Captain) must meet MyKwik’s eligibility criteria, including valid licensing, vehicle registration, and insurance coverage.
Samurai (Driver/Captain) must pass a background check, including criminal records and driving history.
Samurai (Driver/Captain) must adhere to local traffic laws and MyKwik’s code of conduct, which includes maintaining professional behavior, ensuring vehicle cleanliness, and treating passengers with respect.
Samurai (Driver/Captain) must not engage in any illegal or unsafe behavior, including substance abuse, reckless driving, or harassment.
5.3. Vehicle Requirements
Samurai (Driver/Captain) must ensure that their vehicles meet MyKwik’s safety and cleanliness standards, including regular maintenance and inspections.
MyKwik reserves the right to suspend Samurai (Driver/Captain) whose vehicles do not meet these standards.
5.4. Samurai (Driver/Captain) Earnings
Samurai (Driver/Captain)earn a percentage of the fare for each completed ride, with MyKwik deducting a commission.
Payouts to Samurai (Driver/Captain) are made weekly, bi-weekly, or monthly, depending on the selected payout schedule.
5.5. Samurai (Driver/Captain) Ratings
Passengers can rate Samurai (Driver/Captain) after each ride, and these ratings affect a Samurai (Driver/Captain) standing within the platform.
Samurai (Driver/Captain) with consistently low ratings may face account suspension or termination.
6. Passenger Obligations
6.1. Passenger Conduct
Passengers must act respectfully towards Samurai (Driver/Captain) follow all applicable laws, and avoid disruptive behavior during rides.
Passengers are responsible for any damage they cause to a Samurai (Driver/Captain) vehicle and may be charged for repairs.
6.2. Passenger Safety
Passengers should ensure their own safety by wearing seatbelts, not distracting the Samurai (Driver/Captain), and following any safety instructions provided by the Samurai (Driver/Captain) or MyKwik.
6.3. Ride Etiquette
Passengers are expected to be ready for pickup at the specified time and location.
Passengers must provide accurate ride details and promptly notify the Samurai (Driver/Captain) of any changes to the pickup or drop-off location.
6.4. Passenger Ratings
Samurai (Driver/Captain) can rate passengers after each ride, which contributes to the passenger’s overall rating.
Passengers with consistently low ratings may face account restrictions or termination.
7. Privacy and Data Protection
7.1. Data Collection
MyKwik collects personal data such as name, contact details, payment information, and ride history to provide and improve its services.
MyKwik may also collect location data to facilitate ride bookings and ensure accurate fare calculation.
7.2. Data Usage
Collected data is used for purposes such as ride facilitation, payment processing, customer support, and safety monitoring.
MyKwik may share data with third parties, such as payment processors and law enforcement, as required.
7.3. Data Security
MyKwik employs industry-standard security measures to protect User/Rider data from unauthorized access, disclosure, or loss.
Users/Riders are responsible for maintaining the security of their account credentials.
7.4. User/Rider Rights
User/Rider has the right to access, correct, or delete their personal data by contacting MyKwik support.
User/Rider may opt out of marketing communications by updating their preferences within the app.
7.5. Cookies and Tracking
MyKwik uses cookies and similar technologies to enhance the User/Rider experience, analyze app usage, and deliver personalized content.
User/Rider can manage cookie preferences through their browser settings.
8. Intellectual Property
8.1. Ownership of Content
MyKwik owns all rights, title, and interest in the app, website, and all related content, including text, graphics, logos, and software.
User/Rider is granted a limited, non-exclusive, non-transferable license to use the app and website in accordance with these Terms.
8.2. User/Rider-Generated Content
User/Rider may submit content such as reviews, feedback, or comments on the platform.
MyKwik reserves the right to remove any content deemed inappropriate or in violation of these Terms.
8.3. Trademarks
MyKwik’s name, logo, and related marks are trademarks of MyKwik and may not be used without written permission.
Unauthorized use of any trademarks displayed on the platform is strictly prohibited.
9. Limitation of Liability
9.1. Service Disruptions
MyKwik is not liable for any interruptions, delays, or failures in service due to factors beyond its control, such as technical issues, weather conditions, or regulatory changes.
9.2. Third-Party Actions
MyKwik is not responsible for the actions or omissions of third parties, including Samurai (Driver/Captain), passengers, or other Users/Riders of the platform.
User/Rider acknowledges that MyKwik does not guarantee the quality, safety, or legality of the rides provided by Samurai (Driver/Captain).
9.3. No Warranties
MyKwik provides the app and website “as is” without warranties of any kind, express or implied.
User/Rider assumes all risks associated with using the platform, including the risk of interacting with other Users/Riders.
9.4. Limitation of Damages
MyKwik’s liability is limited to the amount paid by the user for the specific ride or service in question.
MyKwik is not liable for any indirect, incidental, or consequential damages arising from the use of the platform.
10. Dispute Resolution
10.1. Internal Dispute Resolution
Users/Riders are encouraged to resolve disputes with MyKwik through customer support before pursuing legal action.
MyKwik will make reasonable efforts to resolve disputes promptly and fairly.
10.2. Arbitration
Any unresolved disputes will be referred to binding arbitration in [Your Jurisdiction], conducted in accordance with the rules of [Arbitration Institution].
Users/Riders agree to waive the right to participate in class actions or consolidated arbitration.
10.3. Governing Law
These Terms are governed by the laws of the Indian Republic, without regard to its conflict of law principles.
10.4. Legal Venue
Any legal actions arising out of these Terms must be brought in the courts of India, specifically in the Jurisdiction of Hyderabad only.
11. Termination
11.1. Termination by MyKwik
MyKwik reserves the right to terminate or suspend User/Rider accounts for violations of these Terms or for any reason at its discretion.
Upon termination, Users/Riders lose access to all services and may be required to settle any outstanding balances.
11.2. Termination by User/Rider
Users/Riders may terminate their accounts at any time by following the account deletion process in the app or website.
Termination does not relieve Users/Riders of the obligation to pay any outstanding charges.
11.3. Effects of Termination
Upon termination, all rights granted to the User/Rider under these Terms will cease, and the User must immediately stop using the app and website.
MyKwik may retain User data as required by law or for legitimate business purposes.
12. Notices
12.1. Notice to Users/Riders
MyKwik may send notices to Users/Riders via email, SMS, push notifications, or postings within the app or website.
Users/Riders are responsible for ensuring that their contact information is accurate and up to date.
12.2. Notice to MyKwik
Users/Riders may send notices to MyKwik through the contact details provided in the app or website.
Notices must be in writing and include sufficient information to identify the User/Rider and the issue.
13. Miscellaneous
13.1. Entire Agreement
These Terms constitute the entire agreement between MyKwik and the User/Rider and supersede any prior agreements or understandings.
Any additional terms or policies referenced in these Terms are incorporated by reference.
13.2. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
13.3. Waiver
MyKwik’s failure to enforce any provision of these Terms does not constitute a waiver of its right to enforce such provision in the future.
13.4. Assignment
Users/Riders may not assign or transfer their rights under these Terms without MyKwik’s prior written consent.
MyKwik may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, or sale of assets.
13.5. Force Majeure
MyKwik is not liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.
14. Contact Information
14.1. Customer Support
Users/Riders can contact MyKwik customer support for assistance with any issues or inquiries.
Support is available through the app, website, email, or phone during [specified hours].
14.2. Feedback and Complaints
Users/Riders are encouraged to provide feedback or report any issues through the feedback feature in the app or by contacting customer support.
MyKwik takes complaints seriously and will investigate and address them promptly.