The following Terms & Conditions shall apply to customers utilizing the Services offered by the Company for the hiring of vehicle:

The customer shall pay the fare (as agreed), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the Applicable Law or required to be paid for availing of the vehicle Services.

Loading/ unloading charges are to be paid by the customer booking the vehicle. Keep Moviing takes no liability for such expenses.

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.

The customer shall ensure that he/she will not indulge in any of the following activities while availing the service:

• • Soiling or damaging the body and/or any other interiors of the vehicles.
• • Misusing, soiling or damaging any of the devices (technical/non-technical) in the vehicle.
• • Asking the driver to break any Traffic/RTO/City Police and/or government rules for any purpose. 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.
• • Pressurizing the driver to overload vehicle with the consignment than the allowed limit.

The Customer shall indemnify Company 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 Company 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 Customer and shall pay such sums on demand on the Company.

The Company is hereby authorized to use the location based information provided by any of the telecommunication companies when the Customer uses the mobile phone to make a vehicle booking. The location based information will be used only to facilitate and improve the probability of locating a vehicle for the Customer.

The Company shall be entitled to disclose to all companies within its group, or any government body as so required by the Applicable Law or by directive or request from any government body, the particulars of the Customer in the possession of Company in any way as Company, in its absolute discretion, deems fit or if it considers it in its interests to do so.

The Company shall be entitled at any time without giving any reason to terminate the booking of the vehicle done by the Customer. User(s) shall indemnify Keep Moviing with respect to any expenses incurred with respect to such booking.

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. Keep Moviing aggregates its vehicles for the purposes of providing services. In the event of loss of any item, User(s) shall not have any right to withhold the payment to be made towards Keep Moviing. Further, in the event any payments from the User to Keep Moviing are pending for the period prescribed by Keep Moviing in its respective invoice, Keep Moviing reserves the right to exercise particular lien over the consignment till full payment is made to Keep Moviing for its services. Additionally, User(s) will be liable to indemnify Keep Moviing against any loss, damage or expenses incurred by us due to the custody of the consignment during this period.

Any complaint in respect of the Services or the use of the goods vehicle, the Customer has to inform Company of the same in writing within 24hours of using the vehicle or the Services of Company.

The Company shall not be liable for any conduct of the drivers of the vehicle. However, the Company encourages you to notify it of any complaints that you may have against the driver that you may have hired using the Company’s Services.

The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company’s website at www.keepmoviing.in on the time that Company may indicate that such addition, variation or amendment is to come into effect.

All the calls made to the Company’s call centre are recorded by the Company for quality and training purposes. In the event you place a query on our app/website including query with respect to our Services, applicable fees or terms of Service.You hereby expressly agree to consent to receive our responses, whether by way of telephonic calls or electronic mail, to such query and all related information with respect to our Services. For removal of doubts, related information shall exclude any marketing and/or commercial information. You understand and agree that such information shall in no event qualify as unsolicited commercial communication under the Telecom Unsolicited Commercial Communications Regulations, 2007 and/or due to disclosure of such information, our telephone numbers shall not qualify to be registered under the ‘National Do Not Call Register’ or the ‘Private Do Not Call Register’ in accordance with the Telecom Unsolicited Commercial Communications Regulations, 2007 or any other Applicable Law.

1. That the contents of the Consignment are not Prohibited Items and/or are not restricted by the applicable regulations and that you will supply to us any Dangerous Goods declaration that is needed, properly and accurately in accordance with Applicable Law and neither you nor the consignee is a person or organization with whom we or you may not legally trade under Applicable Law.

2. That all statements and information and documents provided by you relating to the Consignment will be true and correct and you acknowledge that in the event that you make untrue or fraudulent statement about the Consignment or any of its contents, you would risk a civil claim and/or criminal prosecution the penalties for which may include forfeiture and sale. You agree to indemnify us and hold us harmless from any claims that may be brought against us or our agents arising from the information provided by you.

3. We are authorized to deliver the goods at the address mentioned on the Consignment Note and without prejudice to the foregoing it is expressly agreed that we shall be conclusively presumed to have delivered the goods in accordance with this contract. We will be sending the delivery confirmation by SMS/e-mails, no-response within 24 hours would be considered as an affirmative to the delivery.

4. When you have asked us to charge the receiver or a third party and the receiver or third party does not pay us you will promptly settle our invoice together with an administration fee in full within 24hours of us sending you the invoice.

5. Applicable Law has been complied with by you.

• ⦁ You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees, even if we inadvertently accept a consignment that contravenes any of your obligations.

1. You certify that all statements and information you provide relating to the transportation of the consignment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the consignment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your consignment. To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this, and pay any administration fee we may charge you for providing the services described in this condition.

2. The customer agrees and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that Company 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 Applicable Law. Without prejudice to the above, the Company makes no representation or warranties with respect to:

• ⦁ The Services meeting the customer’s requirements.

1. The Services will be uninterrupted, timely, secure, or error-free.

2. Any responsibility or liability for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of vehicle service offered by Company or due to the failure of Company 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.

3. Any liability for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

4. Any additional or extra charges for far off locations & toll charges as well.

5. Any alternate arrangement(s) if the vehicle has not reached due to any reason.

• ⦁ We are not liable if we do not fulfill any obligations towards you at all as a result of:
• ⦁ Circumstances beyond our control such as (but not limited to).
• ⦁ Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters.

1. Force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions.

2. National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery.

3. Latent defects or inherent vice in the contents of the consignment.

4. Criminal acts of third parties such as theft and arson.

• ⦁ Your acts or omissions or those of third parties such as:
• ⦁ You being in breach of (or any other party claiming an interest in the consignment causing you to breach) your obligations under these terms and conditions.
• ⦁ The contents of the consignment consisting of any article that is a prohibited item even though we may have accepted the consignment by mistake.
• DANGEROUS GOODS / SECURITY
• ⦁ Dangerous Goods
• ⦁ We do not carry, nor perform other services regarding, goods which are in our sole opinion Dangerous Goods including, but not limited to, those specified in the regulations, guidelines, technical instructions, codes applicable to us and our business or to the transport of, or the performance of other services regarding, Dangerous Goods.

1. We may at our discretion accept some Dangerous Goods for carriage, or for the performance of other services, in some locations if you have been accorded the status of an approved customer and this must be given by us in writing before your consignment can be accepted. Your Dangerous Goods will only be accepted if they comply with the applicable regulations and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your consignment.

⦁ Prohibited Items: We do not accept consignments that contain prohibited items.

1. We accept consignments only upon your declaration of the type and value of the consignment (“said to contain” basis). We have no responsibility whatsoever as to the correctness of description, type or value thereof and you agree to indemnify us and hold us harmless from any claims that may be brought against us arising out of or relating to such declaration provided by you and any costs we will incur relating thereto.

If the receiver refuses to accept delivery we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the consignment and our charges (if any) for the agreed appropriate next action.

If user(s) terminates the agreement with Keep Moviing with respect to any consignment, user(s) shall be liable to pay Keep Moviing the entire fees and other expenses so incurred with respect to such consignment.

You undertake to us that you shall not permit any other person who has an interest in the consignment to bring a claim or action against us arising out of Carriage even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.

All cancellations made after driver allocation will incur a cancellation fee of Rs.100. Cancelling two bookings in a day after driver allocation may temporarily suspend your account for 24 hours.

Figures are subject to change
Toll Charges: In case of a toll on your trip, return toll fare will be charged.

User(s) shall not disclose any information received under the contract of service with Keep Moviing to any third party. Access to any information which pertains to business of Keep Moviing shall be kept confidential to the extent it might adversely impact Keep Moviing’s business. User(s) shall be liable to indemnify Keep Moviing against any loss of business or reputation due to the act of the user(s).

All vehicles registered with the Company are continuously tracked using mobile technology for security reasons only. It is expressly made clear to you hereby that the Company does not own any vehicle nor does it directly or indirectly employ any drivers for the vehicle. Vehicles and drivers are all supplied by third parties and the Company disclaims any and all liability in respect of the drivers and the vehicles alike.

The Company have right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.