Updated effective from April, 2022
This Application/ Services is/are operated by FARAS.
These terms and conditions ("User Terms") apply to your use, of the Service whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services/Application. This document is an electronic record in terms of Information Technology and does not require any physical or digital signatures.
By clicking on the "I ACCEPT" button, you are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND THESE ENTIRE USER TERMS BEFORE YOU USE THE SERVICES/APPLICATION.
If you do not accept any of the User Terms, then please do not avail any of the services being provided therein.
YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND FARAS IN RESPECT OF THE USE AND SERVICES OF THE SITE.
By accepting these User Terms, you also allow FARAS to send you promotional emails, notifications and SMS alerts from time to time.
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
You will be "Eligible" to use the Services only when you fulfill all of the following conditions:
3.1 You understand and acknowledge that you can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.
3.2 You shall ensure that the Registration Data provided by you is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by you.
3.3 You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by you or any third party. Your Account cannot be transferred, assigned or sold to a third party. 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.
3.4 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.
3.5 Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site ("Permitted Information"), FARAS does not want You to, and You should not, send any confidential or proprietary information to FARAS on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to FARAS other than the Permitted Information will not be considered confidential or proprietary.
3.6 It is your responsibility to check to ensure that you download the correct application for your device. We are not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.
3.7 We allow you to open only one Account in association with the Registration Data provided by you. In case of any unauthorized use of Your Account please immediately reach Us.
3.8 In case, you are unable to access Your Account, please inform Us and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 48 (forty eight) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.
4.1. The Site permits you to avail the transportation services offered by TPSPs. (Drivers). The Service allows you to send a request through FARAS to a Driver on the FARAS network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, FARAS notifies you and provides information regarding the Driver - including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as FARAS may determine.
4.2. FARAS shall procure reasonable efforts to bring you into contact with a Driver, subject to the availability of Driver in or around your location at the moment of your request for such services.
4.3. By using the Application or the Service, You further agree that:
4.4. FARAS reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, FARAS will store the information provided by you or record your calls for contacting you for all Service related matters. You shall promptly inform FARAS on any change in the information provided by you.
4.5. FARAS or an authorized representative of FARAS shall provide information regarding services, discounts and promotions provided by FARAS to You by way of an SMS or email to your registered mobile number/registered email ID.
4.6. FARAS WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE.
4.7. You agree to grant FARAS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT FARAS TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
4.8. You agree and permit FARAS to share any information provided by you with third parties in order to facilitate provision of certain value-added services offered by such third parties to you and/or to provide certain value-added services to you by FARAS. You hereby expressly consent to receive communications from FARAS/ third parties offering value-added services to you through your registered phone number and/or e-mail id and/or the Site. You agree that You will not hold FARAS responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
4.9. In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, FARAS on a best effort basis and at its sole discretion may arrange for a Substitute Vehicle for completion of Your Ride to Your destination. However, the arrangement of Substitute Vehicle shall be subject to its availability.
4.10. You acknowledge and agree that Substitute Vehicle may not be necessarily of the same type as the original Vehicle booked by you from the Site.
4.11. FARAS bears no responsibility and liability for delays and losses suffered by you or caused to you as a consequence of the breakdown of the Vehicle.
5.1. FARAS shall, upon receiving the booking request from you, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to you vide an SMS or email. In the event the booking is confirmed, you shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call center.
5.2. You shall bear the consequences and damages for any delay that may be caused to you due to your failure to check the confirmation SMS or email or failure to inform FARAS of the incorrect details immediately.
6.1. FARAS may charge Convenience Fee or Access Fee for the Service which shall be determined and amended at the sole and absolute discretion of FARAS. The Convenience Fee or Access Fee shall be payable by you to FARAS and shall be informed to you before you begin your ride.
6.2. TPSP shall charge Fare to you for the Ride offered to you by the TPSP.
6.3. You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.
6.4. You shall be required to pay such Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee.
6.5. In addition to the Total Ride Fee, You may be required to pay such other charges incurred by you during the Ride in cash i.e. Additional Fee, which are not included in the receipt of the Total Ride Fee.
6.6. The Total Ride Fee will be collected by the Driver or FARAS from you at the end of the Ride.
6.7. FARAS shall provide a receipt of the Total Ride Fee payable by You at the end of the Ride, however, separate invoices raised by the TPSPs for the Fare and additional Fee, and the Convenience Fee or Access Fee raised by FARAS shall be provided to you on request. You may raise a request for a copy of the invoices from our Support email.
6.8. In case of any taxes, all applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, and Cancellation Fee shall be borne and payable by you to the TPSPs or FARAS, as the case may be.
6.9. You shall choose to pay for the Service Fee by any of the following four methods:
7.1. You agree and acknowledge that you may cancel your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as explained below:
7.2. You shall be notified of the applicable Cancellation Fee in advance whenever you attempt to cancel a booking/service request. The notification shall be on the Application.
7.3. FARAS shall provide a receipt of the Cancellation Fee, if any, payable by you for every cancellation in terms of the table above for such cancellations, however, separate invoices raised by the TPSPs for the Cancellation Fee, and FARAS for the Convenience Fee on cancellations shall be provided to you on request. You may raise a request for a copy of the invoices from us at any time.
7.4. The Cancellation Fee shall be payable by you at the completion of your subsequent Ride.
8.1. You shall not smoke and drink in the Vehicles or misbehave with the Driver or distract the Driver or act in violation of Applicable Law. In the event you are found to be involved in the activities set out above, you shall be liable to pay a fine to us and we shall also have the right to terminate the Ride. In the event you fail to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by FARAS.
9.1. All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address. In case of a Ride booked on our Application, You shall be required to rate the Ride after its termination. You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the Rides or Services.
9.2. Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.
9.3. Any issue reported on channels other than the above may be addressed by FARAS only on a best-effort basis. FARAS takes no liability for inability to get back on other channels.
9.4. FARAS shall endeavor to respond to your issues within 2 (two) working days of your reporting the same and endeavor to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, FARAS shall not be liable for any damages or losses in the event you are not satisfied with any such resolution.
10.1 By accepting these User Terms and on pressing the SOS button on the FARAS App, You consent to FARAS using its best endeavors to provide You with assistance during a safety incident, emergencies or distress or third party security service providers to assist you and/or deploy response teams to your location.
10.2 Under this clause, you give your express consent to permit FARAS to undertake the above along with any ancillary actions that may be required to facilitate an effective emergency response.
10.3 FARAS will not be liable for any deficiency of service, provided to you under this clause on a best efforts basis, and this clause does not, in any manner, restrain you from seeking any other form of assistance from any other party.
11.1 We (FARAS) shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
12.1 By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold FARAS, its affiliates, their licensors, 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:
13.1. The information, recommendations and/or Services provided to you on or through the Site, the Application and FARAS call center are for general information purposes only and does not constitute advice. FARAS will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
13.2. FARAS shall not be liable for you missing trains/flights/events or delays etc. as the Service are dependent on many factors not in FARAS's control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions.
13.3. In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time.
13.4. FARAS shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call center number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
13.5. You shall take full responsibility of your items and luggage. In case of lost items inside the Vehicle during the journey, FARAS will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same. If you leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform FARAS of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of FARAS. In the event it is found, You shall be informed about the FARAS office from where You can collect it after 3 (three) working days from the date You were informed. FARAS however shall not be responsible for delivering the same back to you. If requested, FARAS may deliver the misplaced item/s back to You after 3 (three) working days from the date You were informed, subject to the place of delivery being twenty (20) kms from the FARAS office. FARAS shall charge you for such delivery.
13.6. FARAS does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
13.7. FARAS shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with FARAS.
13.8. IN NO EVENT SHALL FARAS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FARAS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
13.9. If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of FARAS shall be the minimum permitted under Applicable Law.
14.1. Subject to Your compliance with these User Terms, FARAS grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
14.2. You shall not:
14.3. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.
14.4. FARAS will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. FARAS may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that FARAS has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. FARAS reserves the right, at any time and without prior notice, to remove or disable access to any content that FARAS, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
15.1. FARAS may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site ("Posted Content") by You. You represent that you have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. FARAS shall not in any manner be responsible for or endorse the Posted Content. You agree that when posting Posted Content, You will not:
16.1. FARAS alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to
16.2. These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by FARAS. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
16.3. You may use information on the Site purposely made available by FARAS for downloading from the Site, provided that you:
18.1. The agreement between FARAS and You is perpetual in nature upon downloading the Application and for each Ride booked through the Site.
18.2. You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by you of the Site. You can close Your Account at any time by following the instructions on the Site.
18.3. FARAS is entitled to terminate the agreement at all times and with immediate effect (by disabling your use of the Site and the Service) if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of FARAS, misuse the Application or the Service. FARAS is not obliged to give notice of the termination of the agreement in advance. After termination FARAS will give notice thereof in accordance with these User Terms.
Termination of this agreement will not prejudice accrued rights of either FARAS or You.
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between you and FARAS, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
21.1 You agree that FARAS is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services...
21.2 We do not authorize anyone to make a warranty on our behalf...
21.3 FARAS and their representatives... shall not be liable for any loss, damage, claim, expense, cost...
21.4 The Site, Application and all content... provided on an “as is” basis without warranties of any kind...
21.5 All images, audio, video and text... are only for illustrative purposes...
22.1 FARAS reserves the right... to modify or replace any of these User Terms...
22.2 FARAS shall not be required to notify You... Your continued use of the Site constitutes acceptance...
23.1 FARAS may give notice by means of a general notice on the Service or Application...
23.2 You may contact FARAS by electronic mail or regular mail to their address...
You shall not assign your rights under these User Terms without prior written approval of FARAS. FARAS can assign its rights under the User Terms to any affiliate.
25.1 You will be entitled to earn up to 10% cashback as FARAS Miles depending on the discount granted and the trip fares. One point is equivalent to 1 Kes...
25.2 FARAS in its sole discretion and without prior notification retains the right to alter and/or modify the value of the FARAS Miles at any time.
25.3 In the event your account remains inactive for Six(6) months, the outstanding FARAS Miles shall be automatically forfeited without any reference to you and you shall have no claim against FARAS.
These User Terms are subject to the laws. Any dispute, claim or controversy arising out of or relating to these User Terms...
The parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of FARAS as FARAS may designate...
If unresolved after 30 days, the dispute shall be subject to binding arbitration by a sole arbitrator mutually appointed. All disputes are subject to the exclusive jurisdiction of courts.