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TERMS AND CONDITIONS

 

PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE TERMS AND CONDITIONS BEFORE YOU USE ANY OF THE SERVICES OFFERED ON THE SITE, BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN.Your access and use of the Services provided by Xcell constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Xcell. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Xcell may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.


SERVICE – USER TERMS AND CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. These terms and conditions (Service-User terms) apply on the usage of our website www.Xcell.co.in (the "Website"), smart phone XCELL Application (the Application) as well as to all information, recommendations and/or services provided to you on or through the Website, the Application or through the Customer Care (The CC). The term 'YOU' refers to the user of our services through Website, the Application and the CC., The terms and conditions mentioned in this contract along with the Privacy Policy constitute the entire contract between the User(s) and XCELL with respect to access to and use of the website / application and the Services offered by XCELL, superseding any prior written or oral contracts in relation to the same subject matter herein.


THE SERVICE

Xcell offers a technology platform on www.Xcell.co.in and also on Mobile app and through Customer Care Service to enable a customer  to connect with a third party, independent valid permit holder drivers or vehicle operators known as The Service Provider who are in contract with Xcell or its affiliates. Xcell connects the customer to a Transport Service Provider ( TSP) and once the Service Provider accepts the request of the customer, Xcell informs the customer with the details of the Service Provider through SMS or Mobile App. Xcell shall make all endeavour to connect you to a Service Provider at your location, subject to availability of Service provider at the time of your request. BY USING THIS WEBSITE , MOBILE APPLICATION OR CUSTOMER CARE SERVICE YOU ACKNOWLEDGE THAT XCELL DOES NOT PROVIDE TRANSPORTATION OR FUNCTION AS A TRANSPORTATION SERVICE PROVIDER AND THAT ALL SUCH TRANSPORTATION OR TRANSPORTATION SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY SERVICE PROVIDERS WHO ARE NOT EMPLOYED BY XCELL OR ANY OF ITS AFFILIATES


USER(S) ELIGIBILITY & USAGE CONDITIONS

User(s) means any individual or business entity/organization who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i.e. user(s) must be at least 18 years of age to be eligible to use our Services. 

You are advised to provide accurate information to XCELL. XCELL can verify the information that you have provided and choose to refuse the service or use of the Application / the Website without providing reasons. By using the Application or Website you agree to:
1. You have understood your contract with XCELL for Website / Application usage and you have clearly understood the SERVICE with our CLARIFICATIONS.
2. Use the Application for personal purpose only.
3. You will not assign or otherwise transfer your account to any other person or legal entity.
4. YOU will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes.
5. YOU will not use the Service or Application to cause nuisance, annoyance or inconvenience.
6. You will not impair the proper operation of the network.
7. You will not try to harm the Service or Application in any way whatsoever.
8. You will not copy, or distribute the Application or other XCELL Content without written permission from XCELL.
9. You will keep your account password information confidential or Any other identification we provide you which allows access to the Service and the Application.
10. You will provide us with whatever proof of identity we may reasonably request.
11. You will comply with all applicable law from your city, State and the country while using the Application or the Service. In addition to other reasons mentioned under the Termination clause below, XCELL reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.


GENERAL CUSTOMER BEHAVIOUR WHILE USING TRANSPORT SERVICE THROUGH TRANSPORT SERVICE PROVIDER

>>It is expected that a reasonable behaviour shall be followed by the customers / passengers while utilizing the Services offered by the TSP.
>>The Company encourages all its customers to take full responsibility of his/her items. In case of lost items inside the Company during the journey, Company 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.
>>All the calls made to the Company's CC are recorded by the Company for quality and training purposes.
>>The customer shall ensure that he/she will not indulge in any of the following activities while in a Cab:
      >>>Asking the driver to break any Traffic/Transport/City Police and/or government rules for any purpose (especially reaching the destination earlier).
      >>> Pressurizing the driver to overload the boot space of the Taxi with luggage. The customer shall not be generally allowed to use the seating area of the Taxi for placing any kind of luggage.



REPRESENTATION, WARRANTIES, INDEMNIFICATION AND LIMITATION OF LIABILITY

Without prejudice to the above, the Company makes no representation or warranty that:

  • The Services will meet the customer's requirements.
  • The Services will be uninterrupted, timely or error-free.
  • XCELL shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of Taxi service offered by TSP or due to the failure of TSP to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice 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 Company or any person or any organization involved in the above mentioned systems.
  • XCELL will not be liable for any damages of any kind arising from the use of the Service offered by the TSP including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
  • XCELL will take all reasonable measures to ensure that TSP should fulfill his duty properly but there may be exceptions and if any passenger misses the train or flight or bus, XCELL will not be hold liable for any such compensation. The customer is advised to make alternate arrangement in case the taxihas not reached due to any reason.
  • The Company shall not be liable for any conduct of the drivers of the Cabs. XCELL encourages you to notify any complaints that you may have against the driver of any Taxithat you may have hired using the XCELL’s platform.
  • It is expressly made clear to you hereby that the Company does not own any Taxis nor does it directly or indirectly employ any drivers for the Cabs. XCELL disclaims any and all liability in respect of the drivers and the Taxis alike.

THE USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING TERMS OF USE:

1. The content of the pages of this website is for your general information and use only. It is subject to change without notice. 2. This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: IP Address, Location. 3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. 4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. 5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. 6. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. 7. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. 8. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). 9. Your use of this website and any dispute arising out of such use of the website is subject to the laws of India. 10. Specific offers will have might have additional Terms & Conditions which the user has to comply with in case he chooses to avail that offer.
You agree, undertake and confirm that you shall not host, display, upload, modify, publish, transmit, update or share any information which:
a. belongs to another person and to which the you do not have any right to; b. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; c. harm minors in any way; d. infringes any patent, trademark, copyright or other proprietary rights; e.violates any law for the time being in force; f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; g. impersonate another person; h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; i. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.


TERMS AND CONDITIONS FOR TAXI USAGE

1. The customer shall pay the taxi fare, parking charges, toll taxes,  additional night charges/ peak hour charges/ rush hour charges and hill station charges  (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the taxi Services; 2. The customer agrees and accepts that the use of the Services provided by the Company is at the sole risk of the Customer, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied. 3. Waiting charge of Rs 10/- per minute will be charged after 10 minutes of the scheduled boarding. These additional charges shall be paid directly to the driver. 4. No stopping is allowed in one-way routes for more than 10 minutes during the journey. If at all stoppage is made for more than 10 minutes waiting charges as above shall apply. However the car may be stopped in between the journey for tea / lunch break which shall be for 30 minutes.  5. The customer shall ensure that he/she will not indulge in any of the following activities while in a taxi:
A. Smoking or consuming any kind of intoxicants inside the Taxi. The driver has the right to refuse the pick-up or ask the customer to alight the taxi if the customer is found to be in an intoxicated state or is found misbehaving with other passengers or the driver, or is causing a nuisance, Littering the Taxi; B. Soiling or damaging the seats and/or any other interiors of the Taxi; C. Misusing, soiling or damaging any of the devices (technical/non-technical) in the taxi; D. Asking the driver to break any Traffic/RTO/City Police and/or government rules for any purpose (especially reaching the destination earlier). The driver has the right to refuse such a request by the customer. The driver also has the right to refuse such a pick-up or ask such customer(s) to alight from the cab; E. Asking the driver to board more passengers than the seating capacity in the taxi. The driver has the right to refuse such a pick-up or ask such customer(s) to alight from the cab.

 

 

OTHER PROVISIONS

You may travel to certain destinations through certain routes which involve greater risks, entirely at your risk as to the cost and consequences. Xcell.co.in requests you to consult your local authorities and evaluate travel prohibitions, warning, announcements, and advisories issued by them before booking travel to certain destinations through certain routes. By promoting (through discounts and deals) any travel to particular destinations through particular routes, Xcell.co.in does not represent or warrant that travel to such point is advisable or without risk. Xcell.co.in does not accept liability for damages, losses, or delays that may result from travel to such or any destinations. Xcell.co.in, its Affiliates and their respective suppliers are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any taxi/car rental operators or other suppliers for any personal injuries, death, property damage, or other damages or expenses resulting there from. Xcell.co.in, its Affiliates and their respective suppliers have no liability and will make no refund in the event of any delay, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re–routing or acts of any government or authority. Further Peak time charges/ Night time charges/ high altitude charges and travelling to certain destinations may attract additional charges which can vary from time to time.
OUTSTATION TERMS:

1) For Out Station duties, a min of 200 Kilometres will be chargeable  per day for outstation travel. (This can be changed on pro data basis and same will be implemented on Xcell website)  2) A general calendar day begins at 6.00 A.M and ends at 10.00 P.M. In case a drop off happens after 10 P.M., an additional days charges as applicable will be charged. 3) Driver allowances will be twice the normal amount between 10 pm and 6 am. (If the driver of the vehicle being hired drives the car beyond 10 pm on any night or before 6 am on any day, then twice the applicable daily allowances will apply).


SECURITY

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.


USE OF COOKIES

Cookies help us provide you better service, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies thought your browser setting, this may prevent you from taking full advantage of the website.


ARBITRATION

If any dispute arises between you and Xcell, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and Terms and Conditions, the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by Xcell. The place of arbitration shall be Guwahati, Assam. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.


APPLICABLE LAW

This site is created and controlled by Xcell. The laws of India shall apply and courts in Guwahati, Assam shall have jurisdiction in respect of all the terms, conditions and disclaimers. Xcell reserves the right to make changes to the terms, conditions and disclaimers at any time and without information to the customers/users of the services/of Xcell Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein.


ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.


 

About us

Xcell’s mission is to provide excellent car rental services in north east India with prices that compete with the ones offered by other rental car providers. Through extensive use of technology, we keep our operating costs low to provide excellent services, and pass on the savings to our customers.

We guarantee to provide safety for our customers both on-road and online. For on-road safety, we provide new, clean, and well maintained cars and hire only courteous and experienced chauffeurs who are well versed with regional routes. For online safety, the most secure industrial practices for ensuring the privacy of your information are used.