Contractual Agreement

According to the Information Technology Act of 2000 and any applicable rules, as well as the provisions of different statutes that have been updated to reflect the Information Technology Act’s amendments, this document is an electronic record. There are neither physical nor digital signatures necessary for this electronic record because it is produced by a computer system.

The mobile applications, websites, content, products, and services offered by Dubu Dubu India Private Limited (referred to as “Dubu Dubu” throughout this document), a company incorporated in India with a registered office at 192, Maraimalai Adigal Salai, Raja Nagar, Puducherry 605013 and a corporate identification number CIN : U77307PY2023PTC009020, are governed by these Terms of Service.

You, (the “Customer”) can use Dubu Dubu, subject to the terms and conditions of use. This Agreement is for an indefinite term. You use the application/services provided by Dubu Dubu and you understand and agree that you are bound by such terms.  By using the Dubu Dubu Application and accepting these Terms of Service, you agree to abide by these Terms of Service. You also represent and warrant to the Company that you will use the Application / Services in a manner consistent with all applicable laws and regulations. It is suggested that you do not use the application or services if any of the terms and conditions are unacceptable to you.

1.    General Terms of Use

• These terms and conditions (T&Cs) denote the terms on which the Customers (referred as You, Your, Yourself or Customer) use and access the application on the website or platform. The term “We”, “Us”, “Our”, “Company”, “Dubu Dubu India Private Limited” shall mean transportation service provider (which includes successors, representative, assigns). The Mobile Application and Website is owned by Dubu Dubu India Private Limited, whose expression shall, wherever the context permits, admits or requires be deemed to mean and include its successors in interest and permitted assignments.

• You acknowledge that Dubu Dubu is not selling the application or website or any feature or technology contained therein. We provide services based on the Terms of Service defined here.

• These terms of use, privacy policy, together with any additional service – specific terms and conditions, other policies which may be applicable and / or available on our website dubudubu.in and any disclaimers which may be present on the application / website are jointly referred to as “Term of Service or Use”. This constitutes the terms of your access and use of the application / website and the services.

• By accessing, registering or using the services you agree to be legally bound by these Terms of Service / agreement and consent to our usage of information as outlined in our privacy policy. Your use of our service is subjected to terms of use. These terms of use and service applied to all visits to our website dubudubu.in or application, if you disagree with any part of these terms and conditions agreement, we suggest not to use our Mobile Application / Website. In case of any amendment made to the terms and condition shall be enforceable in its amended form.

2.    Definition

• “Account” means the account which is created by the customers to use the services which we provide.

• “Applicable Laws” means and includes all those applicable statutes, acts, laws, rules and regulations, notifications or guidelines issued by the government, policies, directions, orders of any governmental authority, or court of India or Tribunal.

• “Application” means the mobile Application “Dubu Dubu” which is used to avail commutation services by the Customer.

• “Customer” means the third party individual or group who requests for commutation services through our Mobile Application.

• “Cancellation Fee” means the fee which is payable by the customer, towards the cancellation of a ride.

• “Driving Partner” means the third party who is registered with us to provide commutation services, who drives within the city of operation.

• “Fare” means the amount or charges which are to be paid by the customer for availing the service.

• “Service” means and includes commutation, payment and customer support service facilitated by us between the customer and Driving Partner.

3.    The Services

Dubu Dubu application and services are for facilitating commutation services between two individuals through Dubu Dubu’s mobile application and website. The services are provided with the Driving Partners’s owned / rented Cars or Auto Rickshaws (Vehicle), provided by the Driving Partners to the individual or group (Customers).

The Services constitute:

• The mobile application and website that enables the customers of Dubu Dubu to schedule a commutation service with the third-party transportation providers named as Driving Partners.

• Support Services to the Customers and Driving Partners which include arranging pickup, payment and other support related to the services offered.

• Coupons / promotion code to the Customers to avail the benefit of discounted rides as offered by Dubu Dubu from time to time.

4.   General Terms

• You must be at the age of legal majority in your jurisdiction to register with us and avail our services.

• You must not authorize underage person to use your account to avail services, unless they are accompanied / overseen by you or an adult.

• To avail our services, you should submit personal information like Name, Address, Mobile phone number, and Bank account details (valid payment method). You agree to maintain accurate and up to date information on your account.

• Dubu Dubu reserves the right to store, process, access and use the above-said Customer details for verification, service, payment, research, and analytics.

• Dubu Dubu may share the above said information to the Driving Partners to provide you the requested services.
  You are responsible for maintaining the confidentiality of your Account at all times, as you will be held responsible for any activities / transactions under your account.

• You are not to authorize others to use your account, not to assign or transfer your account to any other person or entity.

• If the company gets to know about any false information provided by you like your age, we may suspend your account at any point of time.

• You agree to use the services only for lawful purpose and not to cause any nuisance, inconvenience or property damage while using the services offered by us.

• You agree to provide any proof of identity, if asked for in any situation.

• Dubu Dubu may provide Promotion Codes that can be redeemed to your account using E-Wallet and other features related to the services.
  • It is meant for intended users only, to be used in lawful manner as per these terms and terms specifically defined for the promotion.
  • You may not duplicate, sell or transfer in any manner, or make it available for the general public.
  • Dubu Dubu may disable the promotions at any point of time without notice and liabilities.
  • These promotions may expire before it is being used.

• Dubu Dubu doesn’t provide commutation directly to the customers, it merely facilitates commutation services between Customers and Driving Partners. It’s solely the driving partner’s discretion to accept or reject the ride and not to render services even after accepting the ride. The company cannot be held responsible if the driving partner decides to reject / cancel the ride.

• The company has rights to change the modes of services and operations, without being help liable.

• You cannot hold the company liable if you don’t install the correct mobile application or if you don’t upgrade to the latest releases or for not visiting the correct web site.

• You shall treat the driving partners with respect and not cause any damages to properties while using our services. Any complaints raised by the driving partner will be investigated and acted upon.

• The company shall not be held responsible for the driving partner’s behaviour or actions.

• You may report any incidents / malicious activities using customer support or SOS Service in the Application. You agree not to misuse this facility.

• Dubu Dubu may record your conversations with Customer Support and chats / conversations with Customers, to be used for training purposes and to improve the product, support and services we arrange.

• On agreeing to these terms, Dubu Dubu provides you a limited, revocable, and non-transferable account to use the services. You may not transfer or share the account to any other individual or entity.

5.   Responsibilities on Application / Services Usage

When using the Application / Website, you shall not permitted for any reason and under any circumstances to:

• Use the Application / Website in a way that may damage or lock the application or website or network(s) connected to any of the Dubu Dubu servers.

• Upload, post, email, and transmit via the Application / Website any Content that may be:
     a. is potentially disruptive, offensive, threatening, defamatory, slanderous, obscene, pornographic, violent, or otherwise unlawful.
     b. include harmful programs, or files that may damage, lock, or modify the operation of a computer or network that is the property of Dubu Dubu or           any third party working with us.

• is unauthentic, deceitful, or false and may infringe any copyright, trademark, right of publicity, intellectual property, or other proprietary rights of any person or entity.

• Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Dubu Dubu.

• Tampering or misusing the security features with the intention to gain access to the sensitive data, files or passwords related to the Application / Website via hacking or data mining, or other illegal means.

• Disrupting or causing damage to the security, and integrity of the Application or Website and / or its content and any resources provided for the Application users, user or administrator accounts, passwords, servers, or networks connected to the Site.

• Stalking, threatening, or violating the rights of others in any way.

• Collect personally identifiable information and / or passwords of other Driving Partners / customers / employees.

• Transmitting any viruses or any malware code of a destructive nature.

• Using the Application / Website for any illegal or unauthorized purpose.

• Using false / fake identity information when registering accounts.

• Reverse engineer the Application or Website.

• Sharing your credentials.

• Enabling any third party to do any of the aforesaid activities.

6.   Personal Data Usage

• Dubu Dubu collects Customer’s Personal Identifiable Information such as Name, Address, Mobile phone number, and Bank account details (valid payment method) during Registration.

• Dubu Dubu reserves the right to store, process, access and use the above said personal identifiable information for verification, service, payment, research and analytics, as per applicable law. On signing these terms, the Driving Partner consents to the collection and usage of these information.

• Dubu Dubu may share the above said information to the Driving Partners to provide you our services.

• Dubu Dubu does not intend to misuse or sell any of this information to any third parties.

• As per applicable laws, Dubu Dubu may provide the Customer’s information to a government agency or Judicial body, if there is an accident or complaint or dispute or conflict involving the Customer and the Driving Partner or any third party. On signing these terms, you consent to the collection and usage of these information.

• We may collect and use personal information for the following purpose. You can refer to our privacy policy on our website dubudubu.in for further details on personal data usage.
        a. To improve customer service – Information provided by you helps us respond to your customer service requests and support needs more                       efficiently.
         b. To personalize user experience – We may use information in the aggregate to understand how our Customers as a group use the services and                resources provided on our Mobile Application / Website.
         c. To improve our Mobile Application / Website – We may use feedback provided by you to improve our products and services.
         d. To provide services and process payments we may use the information provided by you and we do not share this information with outside                      parties except to the extent deemed necessary to provide the service.
         e. To run promotion, share company news, updates, related product, or service information, contest, survey or other Site features – To send                          customers information they agreed to receive about topics we think will be of interest to them.

7.   Payment Terms

You understand there are charges incurred during the services you avail through Dubu Dubu. Dubu Dubu will generate an invoice for the fare for the service availed by you by the end of your ride and the fares are due immediate. You can pay the fares directly to the Driving Partners, through cash or payment methods provided by the driving partners. Dubu Dubu shall not be held responsible for any transactions held between the Driving Partners and the Customers and taxes applicable for the same.

Dubu Dubu charges Customers with fares for the services provided.

• Dubu Dubu reserves the rights to revise fares for the services we provide at any point of time.

• Waiting charges are included as part of the ride fare collected from the customers.

• The Driving Partner may collect a nominal amount for Toll / Parking charges whenever applicable or any other charges applicable for your geographical location.

• You may choose to cancel your ride, before the driving partner arrives at your location. The cancellation charges incurred for the customer’s cancellations will be invoiced to the customers. The app will be locked, once the threshold amount is reached and till the payment is made.

8.   Refund Policy

Dubu Dubu facilitates the commuting services between the Customer and the Driving Partner and defines the fares for the services by the end of the trip. The company does not facilitate the payment and refunds, as the payment modes are provided by the Driving Partners. For the cases of the payment made by the Customers towards the cancellation charges, not being reflected in the Dubu Dubu account or the incredulity of the payment or the account to which the payment has been done, they can raise a refund request with Dubu Dubu Customer Care. We shall review and send an email confirming your refund approval. Once your refund request is approved, your refund shall be processed by the payment gateway and a credit shall be automatically applied to the payment source within 7 – 10 working days or as per their terms.

9.   Disclaimer

Dubu Dubu provides services on an as-is and as-available basis. Dubu Dubu makes no Representation or Warranty or Guarantee regarding the reliability, timeliness, quality, safety, suitability or continuous availability of services or the Application.  The entire risk arising out of the use of the services through the Application / Website remains solely with you, to the maximum extent permitted under applicable law.

Dubu Dubu strives to provide best services by keeping the platform and its contents up to date. But our Services are subjected to Limitations, Errors, Defects, Failures, Delays and other problems inherent in the use of the Internet and Electronic Communications. Dubu Dubu is not responsible for any delays. Service Failures, or other Damages resulting from such problems and unavailability of the platform.

10.    Liability

• You are solely responsible for maintaining the confidentiality of your registration data and you will be liable for all the activities and transactions which occur through your account.

• We shall not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without Your knowledge.

• We won’t be held liable for any loss occurred during the accident in case the customer or  driving partner are not insured.

• We shall not be held accountable for the indirect, incidental, accidental, or consequential damages, lost profit or property damages caused during the course of the services we provide.

• In case of any damage to the vehicle as a result of your act, you will be held liable for the same.

• Dubu Dubu is only a Service provider of commutation services between the Driving Partner and Customers, and therefore is not responsible for both the parties’ behaviour or actions, any damages caused by the both the parties, and the condition of the vehicle. The company shall not be held responsible for the consequences of both the parties’ behaviour while providing services through the application. To any extent permissible per law, Dubu Dubu is not liable for any civil or criminal or other liabilities caused by both the parties.

11.    Indemnity

Customer shall indemnify and hold harmless Dubu Dubu, its Affiliates, and their respective officers, employees, consultants, agents, and representatives (the “Indemnified Parties”) against any and all Claims which relate to any claims, demands, injuries or loss or damages or expenses arising out of :

• Your use of Services through Dubu Dubu.

• Driving Partner’s or Third Party’s behaviour or action, while using the services.

• Any claims from Third parties around the services we provide.

• The Customer agrees to indemnify, defend and hold Dubu Dubu harmless from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including, without limitation to costs and expenses incurred in preparing and defending against or prosecuting any litigation, claim, action, suit proceeding or demand) of any kind or character, arising out of or in any manner incidental, relating, or attributable to any inaccuracy, breach, or failure by the Customer to perform its obligations under these T&Cs or the applicable laws in relation to performance of the Services.

12.    Force Majeure

We shall not be liable for any failure to perform any obligation under this user terms, if the performance is prevented or hindered or delayed by Force Majeure events and in case our obligations under this user terms and conditions shall be suspended as long as the Force Majeure continues or exists.

13.    Intellectual Property Rights

• The company is the sole owner and has obtained a license to provide this service to you. We have lawful licence of all the rights to this application / website and its contents. The contents means its design, layout, text, image, graphics, sounds, videos and other contents in the website. This website is protected under the Copy rights act and other laws.

• All the Intellectual property rights in the website and its content shall remain with us. The website is intended for general use of the driving partner, customer and the reader. All the logos or icons in this website are protected under copyrights, trademarks and other Intellectual Property Rights law.

• The unauthorized use or copying or modification or use or publication of these marks is strictly prohibited.
  Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Platform on a single mobile device that you own or control and to run such copy of the Platform solely for your own personal use.

• You shall not license, sub-license, sell, resell, transfer, assign, distribute, copy ideas, feature, functions, graphics of the platform or exploit the platform by any means.

14.    Termination

Dubu Dubu is qualified to terminate the contract any time and refuse to provide services in the future without any prior notice, by disabling the account for:

• Any Non-compliance or violation or breach of any of these Terms and Conditions or not abiding any rules and regulations of Dubu Dubu / Society or misusing / fraudulently using the platform in any way.

• Customer withholding or providing wrong information during their registration.

• Any participation in fraudulent activities or misconduct that can cause harm to Dubu Dubu and Society.

• Multiple complaints on a customer ID.

• We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if we have a reason to believe that the Registration Data or any other data provided by you is incorrect or false, or that the security of your account has been compromised in any way, or for any other reason We may find just or equitable.

You can terminate the contract by stopping using the service by deleting the account or ceasing the use of the service.

15.    Amendment

Dubu Dubu shall revise these Terms & Conditions from time to time and as and when required, at its own discretion. The amendments shall be posted on the platform immediately and a notification will be sent to you to make you aware of the changes.

16.    Dispute Resolution

Dubu Dubu and Customers shall initially attempt to resolve all the claims, disputes or controversies arising under, out of or in connection with this Agreement or from the Services provided or operating procedures or on termination or payment by conducting good faith negotiations amongst themselves. Following good faith negotiations, if the parties are still unable to come to an agreement, the dispute will then be decided by binding arbitration. The other parties to this agreement must be notified in writing if a party decides to launch arbitration procedures. However, for a period of fifteen (15) days after sending the notice, the giving party must refrain from initiating the arbitration proceedings. The parties must try in good faith to settle the claim, disagreement, or controversy without arbitration during this time. Any arbitration under this agreement must be conducted in English, and if necessary, a translator may be brought in.

17.    Customer Care and Grievance Redressal

You can share your issues, suggestions or opinions on the platform or services provided by us in our customer care number or using the chat functionality available in Dubu Dubu App or email mentioned below. Our customer service representative will get back to you.

customercare@dubudubu.in

You can report your complaints, disputes or grievances on the services we provide in email mentioned below. We will address this as per applicable law.

grievance@dubudubu.in

Any issues reported regarding a specific Service you requested or a Driving Partner may be reported within 24 hours from when the service was availed. For any issues or grievances that are criminal in nature, please make sure you file a complaint with us within 72 hours from when the service was availed.