Terms and Conditions for Users
LWAY / Lway Cabs / Lway Technologies Pvt Ltd
This vehicle booking service using a mobile application or by using direct call is operated and provided by Lway Technologies Pvt Ltd.
These terms and conditions (T&C) are applicable to all the users of “LWAY” (a vehicle booking mobile application).
This electronic T&C document is created to make all the LWAY users aware about the various rules and regulations which they need to follow before registering themselves on this platform or mobile application. After reading the complete document you just need to click on the “I ACCEPT” button, which means you are consenting to be bound by these users’ terms.
Please carefully read and understand all the mentioned terms and conditions before you use the LWAY application. If you don't agree to any of the mentioned terms and conditions then please do not use services provided by the LWAY application. Your acceptance to given terms shall operate as a binding agreement between you (user) and LWAY in respect of the use of LWAY applications service.
Your acceptance of these user terms will also include your acceptance of the privacy policy available at www.lwayonline.com website. By accepting these user terms and conditions, you also allow LWAY to send you promotional emails and SMS alerts from time to time
1. DEFINITIONS
All the important definitions which will be used in this T&C document are defined below:
(i) “User Account” means the account created by the customer on the application to use the online vehicle booking services provided by Lway.
(ii) “Extra Charges” means any toll, parking, tax charges, etc. Besides service tax, other charges like toll and parking would not be considered in the estimated fare calculation details of Lway application. These Extra Charges need to be paid by customers at respected authorities or any other responsible third parties.
(iii) “Laws to follow” means any rules, laws, notifications, guidelines, policies, directions, and orders given by any local government authorities, Talukas, Districts, and States of India which we need to follow whenever required during the use of Lway service.
(iv) “Mobile Application (APP)” means the mobile application of “LWAY” updated by LWAY from time to time. Lway application is supported by both Android and iPhone operating systems.
(v) “Lway Service Charge” means the extra amount added in the ride fare. This includes charges for Lway technology service providers such as google maps, online payment gateways, and customer care supports. Lway service charge will be added on every booking done from the Lway App.
(vi) “Cancellation Charge” means the amount charged for cancellation of a ride by a customer. No tax will be applicable on cancellation charges.
(vii) “Region of Operation” means a region or city in which the customers, vehicle suppliers, drivers and Third Party Service Providers (TPSP) use the Lway services in the same region or particular place.
(viii) “User/You/Customer” means a person who has an account on the Lway Application.
(ix) “Driver” means any individual who is 18+ and has a valid driving license and other necessary documents to drive the vehicles, who have been registered with Lway and either owns the vehicle or driver's vehicle of third party service provider (TPSPs).
(x) “E-wallet/Lway Money” means a pre-paid payment option provided in the Lway app, which can be used to make the payments quickly directly from the Lway App.
(xi) “Fare” means a ride or trip final amount in Indian Rupees, which is shown on the Lway App after completing the ride. All the fares are added after discussions with corresponding authorities relevant to specific cab categories.
(xii) “Uncontrolled Event” means any event happens due to unexpected cause beyond the reasonable control of Lway.
(xiii) “Lway” or “we” or “our” or “us” means Lway Technologies Pvt Ltd, a company registered with GST number 27AAECL9383J1ZW and having its office at KS 525, Technology Business Incubator (TBI), S. No.124, 5th Floor, Kashyap (COE-D) Building, MIT-World Peace University Campus, Paud Road, Kothrud, Pune 411038, Maharashtra, India.
(xiv) “Registration Data” means or it includes the customer’s name, email address, phone numbers, and any other relevant information required by Lway from the customers for the registration process on the Lway App.
(xv) “Ride” means any short or long trip taken by the customer from the available cab categories on the Lway app.
(xvi) “Service(s)” means the cab booking services provided by direct Lway mobile app or by direct telephone calls at the Lway call center within the region of operation.
(xvii) “Pickup charges” means the amount which customers need to pay if the vehicle travels more than 0.5 KMs to pick the customer. It will change as per the cab category chosen.
(xviii) “Replaced Vehicle” means another vehicle replaced for transporting the customers to his/her destination, in the event of a vehicle failure or any other serious issue.
(xix) “Total Ride Fare” means and includes the Base Fare, the Lway service charge, the service tax, and any other relevant additional charges applicable as per regional regulations.
(xx) “T&Cs” means the Customer terms and conditions given in this document.
(xxi) “TPSP” means third-party service providers. In brief a Driver with his/her own vehicle and/or a vehicle owner connecting his vehicle with Lway by appointing different driver who is also registered with Lway.
(xxii) “Vehicle” means a motor cab, car, taxi, auto and bike as defined under the Motor Vehicles Act, 1988.
(i) “User Account” means the account created by the customer on the application to use the online vehicle booking services provided by Lway.
(ii) “Extra Charges” means any toll, parking, tax charges, etc. Besides service tax, other charges like toll and parking would not be considered in the estimated fare calculation details of Lway application. These Extra Charges need to be paid by customers at respected authorities or any other responsible third parties.
(iii) “Laws to follow” means any rules, laws, notifications, guidelines, policies, directions, and orders given by any local government authorities, Talukas, Districts, and States of India which we need to follow whenever required during the use of Lway service.
(iv) “Mobile Application (APP)” means the mobile application of “LWAY” updated by LWAY from time to time. Lway application is supported by both Android and iPhone operating systems.
(v) “Lway Service Charge” means the extra amount added in the ride fare. This includes charges for Lway technology service providers such as google maps, online payment gateways, and customer care supports. Lway service charge will be added on every booking done from the Lway App.
(vi) “Cancellation Charge” means the amount charged for cancellation of a ride by a customer. No tax will be applicable on cancellation charges.
(vii) “Region of Operation” means a region or city in which the customers, vehicle suppliers, drivers and Third Party Service Providers (TPSP) use the Lway services in the same region or particular place.
(viii) “User/You/Customer” means a person who has an account on the Lway Application.
(ix) “Driver” means any individual who is 18+ and has a valid driving license and other necessary documents to drive the vehicles, who have been registered with Lway and either owns the vehicle or driver's vehicle of third party service provider (TPSPs).
(x) “E-wallet/Lway Money” means a pre-paid payment option provided in the Lway app, which can be used to make the payments quickly directly from the Lway App.
(xi) “Fare” means a ride or trip final amount in Indian Rupees, which is shown on the Lway App after completing the ride. All the fares are added after discussions with corresponding authorities relevant to specific cab categories.
(xii) “Uncontrolled Event” means any event happens due to unexpected cause beyond the reasonable control of Lway.
(xiii) “Lway” or “we” or “our” or “us” means Lway Technologies Pvt Ltd, a company registered with GST number 27AAECL9383J1ZW and having its office at KS 525, Technology Business Incubator (TBI), S. No.124, 5th Floor, Kashyap (COE-D) Building, MIT-World Peace University Campus, Paud Road, Kothrud, Pune 411038, Maharashtra, India.
(xiv) “Registration Data” means or it includes the customer’s name, email address, phone numbers, and any other relevant information required by Lway from the customers for the registration process on the Lway App.
(xv) “Ride” means any short or long trip taken by the customer from the available cab categories on the Lway app.
(xvi) “Service(s)” means the cab booking services provided by direct Lway mobile app or by direct telephone calls at the Lway call center within the region of operation.
(xvii) “Pickup charges” means the amount which customers need to pay if the vehicle travels more than 0.5 KMs to pick the customer. It will change as per the cab category chosen.
(xviii) “Replaced Vehicle” means another vehicle replaced for transporting the customers to his/her destination, in the event of a vehicle failure or any other serious issue.
(xix) “Total Ride Fare” means and includes the Base Fare, the Lway service charge, the service tax, and any other relevant additional charges applicable as per regional regulations.
(xx) “T&Cs” means the Customer terms and conditions given in this document.
(xxi) “TPSP” means third-party service providers. In brief a Driver with his/her own vehicle and/or a vehicle owner connecting his vehicle with Lway by appointing different driver who is also registered with Lway.
(xxii) “Vehicle” means a motor cab, car, taxi, auto and bike as defined under the Motor Vehicles Act, 1988.
2. ELIGIBILITY
(i) You need to be at least 18 years of age (ii) You should be competent to enter into a contract under the Applicable Laws.
If you do not fulfill the eligibility conditions mentioned above in (i) and (ii) then you should not use Lway Service.
3. REGISTRATION AND ACCOUNT
3.1 You as a Lway user carefully understand and acknowledge that You can register on the application only after meeting the requirements of this Clause 3 and by Entering Your Registration Data.
3.2 You must ensure that the Registration Data provided by you is properly entered, true, and is updated regularly. Lway will not be responsible for any false or misleading registration data provided by you.
3.3 It is your sole responsibility to maintain the confidentiality of your registered data and you will be liable for any kind of misuse of your data done by any third party. If you share or provide your Lway user account name or password information to someone else then any kind of issue or problem occurred because of this will be fully your responsibility. Lway does not share any of its user’s information with any third parties.
3.4 If we come to know that any kind of data provided by you is incorrect, then we will suspend or terminate your account as soon as possible. Until we get a clear explanation about this issue we will keep your account deactivated.
3.5 You should not, send any other confidential or proprietary information on Lway App until it is asked by the Lway office specifically. In accepting these User Terms you agree that the data or the information shared by you during the registration process will not be considered confidential or proprietary.
3.6 We are not liable if you’re (i) downloading the wrong version of the Lway mobile app, (ii) or your mobile is not compatible with the app. We can terminate your Lway service if we came to know that you’re using the unauthorized or incompatible device.
3.7 Lway allows you to open only one registered account. If you observed any unauthorized use of your account then please immediately inform us at support@lwayonline.com
3.8 If you’re unable to access your account then please inform us at support@lwayonline.com. We will block your account on your written request. Before blocking if any unauthorized transactions have happened through your account then we will not be liable for that. We will try our best to solve this kind of issue to the best of our capabilities.
3.2 You must ensure that the Registration Data provided by you is properly entered, true, and is updated regularly. Lway will not be responsible for any false or misleading registration data provided by you.
3.3 It is your sole responsibility to maintain the confidentiality of your registered data and you will be liable for any kind of misuse of your data done by any third party. If you share or provide your Lway user account name or password information to someone else then any kind of issue or problem occurred because of this will be fully your responsibility. Lway does not share any of its user’s information with any third parties.
3.4 If we come to know that any kind of data provided by you is incorrect, then we will suspend or terminate your account as soon as possible. Until we get a clear explanation about this issue we will keep your account deactivated.
3.5 You should not, send any other confidential or proprietary information on Lway App until it is asked by the Lway office specifically. In accepting these User Terms you agree that the data or the information shared by you during the registration process will not be considered confidential or proprietary.
3.6 We are not liable if you’re (i) downloading the wrong version of the Lway mobile app, (ii) or your mobile is not compatible with the app. We can terminate your Lway service if we came to know that you’re using the unauthorized or incompatible device.
3.7 Lway allows you to open only one registered account. If you observed any unauthorized use of your account then please immediately inform us at support@lwayonline.com
3.8 If you’re unable to access your account then please inform us at support@lwayonline.com. We will block your account on your written request. Before blocking if any unauthorized transactions have happened through your account then we will not be liable for that. We will try our best to solve this kind of issue to the best of our capabilities.
4. SERVICES
4.1. The Lway application provides you an easy, safe & quick platform to book the cab, auto and bike as per your requirement. The Lway app allows you to send a cab request directly to a Drivers who are active on the Lway Driver network. Depending on the driver’s nearness to you and the availability of cab at the time of your request, the driver can accept or reject your request. If the driver accepts a request then the status of our booking will be shown as “ride accepted” and the driver name, driver contact number, vehicle name and vehicle number will send you 15 min before your ride starts.
4.2. Lway will make the best efforts to bring you into contact with a Driver as quickly as possible but it is majorly dependent on the availability of driver near to your location at the moment of your request.
4.3. While using the Lway app and any other call service, You further agree that:
(i) You will only use the app for your personal use and will do the booking for someone else only for whom you will responsible. It is strictly prohibited to resell it to a third party;
(ii) You will also not use any other person's account without necessary authorizations otherwise relevant legal actions will be taken in any kind of misuse.
(iii) You will not use the Lway service for any kind of unethical activities;
(iv) You will not try to harm the Lway Service or Lway network in any way whatsoever;
(v) You will provide necessary documents to Lway as requested in case of any more validation to prove your identity;
(vi) You will only use an authorized Lway driver network and will not try to misuse the contact information’s provided;
(vii) You are aware that when using Lway services by App or by calling the call center of Lway, standard messaging charges, data charges from your and our phone network service providers, will apply;
(viii) You will cooperate with all Applicable Law from Your regions, talukas, districts, states and country of residence while using the Service; and
(ix) You are aware of and shall cooperate with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
4.4. Lway can immediately terminate or deactivate your account if we observe that you’re not following any of the above requirements. Lway also stores your information and records your calls for future reference to solve any kind of service-related or non-related matters. It is your primary responsibility to update your information whenever any kind of changes happen and inform Lway if some major change has been done.
4.5. Lway service center can send you SMS or emails or app notifications regarding various discounts and offers at regular intervals. You also give your approval to get these updates on your registered phone number and email address.
4.6. In the future, if Lway expands to the countries out of India and if these outside countries need your registration data then Lway will process and transfer your data in case you want to use Lway service in that particular country.
4.6. In the future, if Lway expands to the countries out of India and if these outside countries need your registration data then Lway will process and transfer your data in case you want to use Lway service in that particular country.
4.8. You agree and permit LWAY to share your information with third parties in order to get certain value-added services offered by such third parties. You agree that you will not hold LWAY responsible for any kind of unwanted communications received to you from third parties and will consult will Lway in case you observe any unlawful communications from them.
4.9. LWAY can tie-up with any other small companies that provide similar services to expand the Lway services in different regions of India and abroad. In such a case, whenever you travel outside your local residence then the Lway services will be supported and provided by Lway & local partners jointly. You hereby give your approval for such partnerships and all the terms and conditions mentioned in these documents will also be applicable in joint service efforts too.
4.10. In the event Lway app direct booking is not able to fulfill your booking requirements then you can use our call button option in the app itself which will connect you to Lway call center representative who can do bookings on behalf of you directly and you will get all the necessary booking details in your app.
4.11. As Lway is only connecting medium between cab drivers and travelers, in the event of a breakdown of the Vehicle during the Ride, first its driver’s responsibility to organize another vehicle with the best of his capacity. If he cannot manage then Lway will try to help you to provide a substitute vehicle but it also depends on the availability of vehicles at that movement near you. This service might require additional charges depending on the specific requirements.
4.12. You understand the critical situation and agree that the replaced vehicle may not be the same body type as the original vehicle booked by you from the Lway app.
4.13. Lway will not be responsible for delays and losses caused to you due to vehicle breakdown, traffic, natural disasters, or any other uncontrolled reasons or events that happened during your ride.
4.2. Lway will make the best efforts to bring you into contact with a Driver as quickly as possible but it is majorly dependent on the availability of driver near to your location at the moment of your request.
4.3. While using the Lway app and any other call service, You further agree that:
(i) You will only use the app for your personal use and will do the booking for someone else only for whom you will responsible. It is strictly prohibited to resell it to a third party;
(ii) You will also not use any other person's account without necessary authorizations otherwise relevant legal actions will be taken in any kind of misuse.
(iii) You will not use the Lway service for any kind of unethical activities;
(iv) You will not try to harm the Lway Service or Lway network in any way whatsoever;
(v) You will provide necessary documents to Lway as requested in case of any more validation to prove your identity;
(vi) You will only use an authorized Lway driver network and will not try to misuse the contact information’s provided;
(vii) You are aware that when using Lway services by App or by calling the call center of Lway, standard messaging charges, data charges from your and our phone network service providers, will apply;
(viii) You will cooperate with all Applicable Law from Your regions, talukas, districts, states and country of residence while using the Service; and
(ix) You are aware of and shall cooperate with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
4.4. Lway can immediately terminate or deactivate your account if we observe that you’re not following any of the above requirements. Lway also stores your information and records your calls for future reference to solve any kind of service-related or non-related matters. It is your primary responsibility to update your information whenever any kind of changes happen and inform Lway if some major change has been done.
4.5. Lway service center can send you SMS or emails or app notifications regarding various discounts and offers at regular intervals. You also give your approval to get these updates on your registered phone number and email address.
4.6. In the future, if Lway expands to the countries out of India and if these outside countries need your registration data then Lway will process and transfer your data in case you want to use Lway service in that particular country.
4.6. In the future, if Lway expands to the countries out of India and if these outside countries need your registration data then Lway will process and transfer your data in case you want to use Lway service in that particular country.
4.8. You agree and permit LWAY to share your information with third parties in order to get certain value-added services offered by such third parties. You agree that you will not hold LWAY responsible for any kind of unwanted communications received to you from third parties and will consult will Lway in case you observe any unlawful communications from them.
4.9. LWAY can tie-up with any other small companies that provide similar services to expand the Lway services in different regions of India and abroad. In such a case, whenever you travel outside your local residence then the Lway services will be supported and provided by Lway & local partners jointly. You hereby give your approval for such partnerships and all the terms and conditions mentioned in these documents will also be applicable in joint service efforts too.
4.10. In the event Lway app direct booking is not able to fulfill your booking requirements then you can use our call button option in the app itself which will connect you to Lway call center representative who can do bookings on behalf of you directly and you will get all the necessary booking details in your app.
4.11. As Lway is only connecting medium between cab drivers and travelers, in the event of a breakdown of the Vehicle during the Ride, first its driver’s responsibility to organize another vehicle with the best of his capacity. If he cannot manage then Lway will try to help you to provide a substitute vehicle but it also depends on the availability of vehicles at that movement near you. This service might require additional charges depending on the specific requirements.
4.12. You understand the critical situation and agree that the replaced vehicle may not be the same body type as the original vehicle booked by you from the Lway app.
4.13. Lway will not be responsible for delays and losses caused to you due to vehicle breakdown, traffic, natural disasters, or any other uncontrolled reasons or events that happened during your ride.
5. CONFIRMATION OF BOOKING
5.1. Lway after receiving the booking request from you directly send to online drivers. As per the availability of vehicles at the pickup time near you, the driver will accept the request and then Lway will send a booking confirmation by popup notification and SMS both. After getting booking confirmation please check all the important details specifically pickup and drop locations, in case of any incorrect information you need to inform the Lway service center immediately by app calling or phone call.
5.2. You will be fully responsible for any kind of delays and mistakes in booking details due to the failure of checking the booking confirmation details provided in-app or by SMS in advance and informing us if you found any mistakes.
5.3. Some Lway users will book the vehicles for their family members and close friends by using our “book for someone else” option. In this case, too, the persons for whom the bookings would have been done, they will also be bound by the terms and conditions mentioned in this document.
5.2. You will be fully responsible for any kind of delays and mistakes in booking details due to the failure of checking the booking confirmation details provided in-app or by SMS in advance and informing us if you found any mistakes.
5.3. Some Lway users will book the vehicles for their family members and close friends by using our “book for someone else” option. In this case, too, the persons for whom the bookings would have been done, they will also be bound by the terms and conditions mentioned in this document.
6. PAYMENT
6.1. Lway takes some service charges that’s why Lway fare rates will be a little higher than the direct bookings from unauthorized and eligible agents. These Lway charges are for providing you a safe, secure and quick smart way of a vehicle booking platform.
6.2. In the case of local vehicles operating in particular regions such as Autos, Bikes, City cabs, and local taxis all the service charges are added after consultation with the respected authorities for those specific vehicle categories.
6.3. TPSP (Third-Party Service Provides) are consulted and inform them about service charges so please don’t give any extra charges besides the final fare shown by the app.
6.4. You shall be required to pay additional fees for extra km and extra times if you use vehicles out of your booking KMs and time limits.
6.5. You will be required to pay Cancellation Charges if you cancel the ride after 5 minutes of getting booking confirmation or getting the driver details. You will not get any receipt for cancelation charges but you can check the details in the app itself.
6.6. After completing the ride the total ride amount can be paid to the driver directly by cash or by the online payment gateways provided in the app.
6.7. Lway can send you a receipt of the total ride fare after the payment is by you as per your request. All the fare calculation details will be provided on that receipt. You can raise a request for a billing invoice from the app itself.
6.8. All applicable taxes in respect of the Fare, Lway service charge, Additional KMs, and time charges and cancelation charges will be paid by you if any.
6.9. You can choose to pay for the ride fare by either of the following methods given below:
(i) Cash payment: Cash payment after completing the ride can be directly given to the driver.
(ii) E-Wallet payment: Lway provides you your own e-wallet in the app. E-wallet money can only be used for making the payment for rides happened though the app. This wallet can be recharged in advance by the online payment gateways provided in the app. This payment method is very quick, safe, and secure.
(iii) Credit Card/ Debit Card/ Net Banking Payment: You can pay the ride fare by using theses standard online payment gateways (PG). You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the theses PG options for the successful completion of payment.
(iv) Mobile Payments/Paytm/wallet/UPI: You can pay the ride fare by using theses standard online payment gateways (PG) too. These payment gateways include (a) Mobile payment (Scan pay), (b) Paytm, (c) Wallets like MobiKwik, Olamoney, Jiomoney, Freecharge and (d) UPI like BHIM, PhonePe, G-Pay, Paytm, WhatsApp and other UPIs. Your authorization will remain in effect as long as you maintain an Account with Us. Your authorization under this clause is subject to any other terms and conditions of the PG.
6.10. Any payment-related issue, other than when such an issue is due to an error or fault in the app, should be resolved between You and the Payment Processor. Lway will not be responsible for any unauthorized use of Your E-Wallet during or after using the Lway Service.
6.2. In the case of local vehicles operating in particular regions such as Autos, Bikes, City cabs, and local taxis all the service charges are added after consultation with the respected authorities for those specific vehicle categories.
6.3. TPSP (Third-Party Service Provides) are consulted and inform them about service charges so please don’t give any extra charges besides the final fare shown by the app.
6.4. You shall be required to pay additional fees for extra km and extra times if you use vehicles out of your booking KMs and time limits.
6.5. You will be required to pay Cancellation Charges if you cancel the ride after 5 minutes of getting booking confirmation or getting the driver details. You will not get any receipt for cancelation charges but you can check the details in the app itself.
6.6. After completing the ride the total ride amount can be paid to the driver directly by cash or by the online payment gateways provided in the app.
6.7. Lway can send you a receipt of the total ride fare after the payment is by you as per your request. All the fare calculation details will be provided on that receipt. You can raise a request for a billing invoice from the app itself.
6.8. All applicable taxes in respect of the Fare, Lway service charge, Additional KMs, and time charges and cancelation charges will be paid by you if any.
6.9. You can choose to pay for the ride fare by either of the following methods given below:
(i) Cash payment: Cash payment after completing the ride can be directly given to the driver.
(ii) E-Wallet payment: Lway provides you your own e-wallet in the app. E-wallet money can only be used for making the payment for rides happened though the app. This wallet can be recharged in advance by the online payment gateways provided in the app. This payment method is very quick, safe, and secure.
(iii) Credit Card/ Debit Card/ Net Banking Payment: You can pay the ride fare by using theses standard online payment gateways (PG). You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the theses PG options for the successful completion of payment.
(iv) Mobile Payments/Paytm/wallet/UPI: You can pay the ride fare by using theses standard online payment gateways (PG) too. These payment gateways include (a) Mobile payment (Scan pay), (b) Paytm, (c) Wallets like MobiKwik, Olamoney, Jiomoney, Freecharge and (d) UPI like BHIM, PhonePe, G-Pay, Paytm, WhatsApp and other UPIs. Your authorization will remain in effect as long as you maintain an Account with Us. Your authorization under this clause is subject to any other terms and conditions of the PG.
6.10. Any payment-related issue, other than when such an issue is due to an error or fault in the app, should be resolved between You and the Payment Processor. Lway will not be responsible for any unauthorized use of Your E-Wallet during or after using the Lway Service.
7. CANCELLATION AND REFUND POLICY
7.1. You can cancel your ride request before your trip starts but cancellation charges will be applicable as explained below:
In all kinds of cab categories like outstation, rental, daily cabs, and others, cancellation fees will be charged
▪ If you cancel the ride after getting the driver and cab details.
▪ If a driver cancels the ride after waiting for you at the pickup location for more than 10 min.
▪ If a driver comes late for more than 5 min and does not inform you about the reason for the delay or would reach in the next 5-10 min then you will not be charged a cancellation fee.
7.2. You will be notified in advance by app notification whenever the cancellation charges will be applied before you attempt to cancel the ride request or your confirmed booking.
7.3. Lway will not provide any cancellation receipt. You can only check the cancelation details in the ride history section of the Lway App.
7.4. The cancellation charge will be added to your next completed ride. You will be informed about that cancelation charge amount in the ride history details.
7.5. The cancellation charge payment mode would be in terms of Clause 7 as mentioned in this document.
7.6. Clause 7 is applicable to all kinds of cab categories available in the Lway App.
7.7. Lway always recommends making online payments through the digital payment gateway provided in the app so that if the transaction fails or if payment is not deducted or received then both parties will have clear proof to raise the complaint and solve them quickly.
7.8. Lway is trying to make the payment process quicker, safer, and transparent. But due to any technical reason passengers, drivers, or operators facing any payment-related issues then the amounts will be refunded to them after proper verification of the complaint.
In all kinds of cab categories like outstation, rental, daily cabs, and others, cancellation fees will be charged
▪ If you cancel the ride after getting the driver and cab details.
▪ If a driver cancels the ride after waiting for you at the pickup location for more than 10 min.
▪ If a driver comes late for more than 5 min and does not inform you about the reason for the delay or would reach in the next 5-10 min then you will not be charged a cancellation fee.
7.2. You will be notified in advance by app notification whenever the cancellation charges will be applied before you attempt to cancel the ride request or your confirmed booking.
7.3. Lway will not provide any cancellation receipt. You can only check the cancelation details in the ride history section of the Lway App.
7.4. The cancellation charge will be added to your next completed ride. You will be informed about that cancelation charge amount in the ride history details.
7.5. The cancellation charge payment mode would be in terms of Clause 7 as mentioned in this document.
7.6. Clause 7 is applicable to all kinds of cab categories available in the Lway App.
7.7. Lway always recommends making online payments through the digital payment gateway provided in the app so that if the transaction fails or if payment is not deducted or received then both parties will have clear proof to raise the complaint and solve them quickly.
7.8. Lway is trying to make the payment process quicker, safer, and transparent. But due to any technical reason passengers, drivers, or operators facing any payment-related issues then the amounts will be refunded to them after proper verification of the complaint.
8. USER VIOLATION OF USER TERMS
8.1. You are prohibited to smoke, drink or consume the alcohol in the vehicle. You should not distract the driver while driving or misbehave with him or her. If you do not follow the mentioned rules given above then the driver or Lway can act accordingly in violation of applicable law. If Lway observes that you are involved in any of the activities mentioned above then you need to pay fine and we can also terminate your ride. If you don’t pay fine after completing the ride then Lway can legal actions will be taken again you under applicable Law. We can also be blocked or deactivated for misbehaving a not paying the fine on time.
9. CUSTOMER RELATIONSHIP MANAGEMENT
9.1. Any kind of service-related feedback such as any improvements you want us to do in the existing service providing method can be given directly through the application or by email support@lwayonline.com. You can also rate the ride after completion. You agree that you would be honest while giving your comments, feedback and reviews on the rides or overall about the service.
9.2. Any service-related issues need to be reported within 7 days of the happening. If you delay in the reporting then that issue will not be addressed.
9.3. Any issue reported other communication mediums than email may be addressed by Lway only on a best-effort basis. Lway takes no liability for the inability to get back on other communication mediums due to limited customer care support.
9.4. Lway will try to respond and solve your issues as early as possible after reporting it. Lway will not be liable for any damages or losses or in case you’re not satisfied with our customer support team.
9.2. Any service-related issues need to be reported within 7 days of the happening. If you delay in the reporting then that issue will not be addressed.
9.3. Any issue reported other communication mediums than email may be addressed by Lway only on a best-effort basis. Lway takes no liability for the inability to get back on other communication mediums due to limited customer care support.
9.4. Lway will try to respond and solve your issues as early as possible after reporting it. Lway will not be liable for any damages or losses or in case you’re not satisfied with our customer support team.
10. EMERGENCY SERVICES TO CUSTOMER
10.1 Lway provides the SOS button which you can press in case of any incident, emergencies or uncontrolled situations. Lway may undertake remedial action(s), including, but not limited to the following:
10.1.1 When you press the SOS button, it provides you the option to share your live location information either with your emergency contact number which you’re provided while registration or directly to the police control room near to you.
10.1.2 In case of any incident where police inquiry is there, Lway would provide your personal information including your registered email ID and mobile number to enable them to take appropriate steps to assist you.
10.1.3 Any other third party security provides or case investigators who are trying to help you, Lway can share your personal information with them, to help them to take appropriate steps to assist you to resolve the incident.
10.1.4 Further to the above, We collect location data during an active booking from your device, including when the app is in the background, This data is used to ensure that the app user has a smooth and safe ride experience.
10.2 Under this clause, you permit Lway to undertake the above along with any other necessary safety-related actions in case of emergency response to you and your emergency contact numbers.
10.3 Lway will not be liable to provide any other emergency service besides informing about your live locations to emergency contacts numbers and police control room, so it is you’re your personal responsivity to seek any other form of quick assistant from any other personal or professional third party.
10.1.1 When you press the SOS button, it provides you the option to share your live location information either with your emergency contact number which you’re provided while registration or directly to the police control room near to you.
10.1.2 In case of any incident where police inquiry is there, Lway would provide your personal information including your registered email ID and mobile number to enable them to take appropriate steps to assist you.
10.1.3 Any other third party security provides or case investigators who are trying to help you, Lway can share your personal information with them, to help them to take appropriate steps to assist you to resolve the incident.
10.1.4 Further to the above, We collect location data during an active booking from your device, including when the app is in the background, This data is used to ensure that the app user has a smooth and safe ride experience.
10.2 Under this clause, you permit Lway to undertake the above along with any other necessary safety-related actions in case of emergency response to you and your emergency contact numbers.
10.3 Lway will not be liable to provide any other emergency service besides informing about your live locations to emergency contacts numbers and police control room, so it is you’re your personal responsivity to seek any other form of quick assistant from any other personal or professional third party.
11. Unexpected Event
11.1 We will not be liable for any failure to perform any responsibilities under this T&C document, if the performance of our service delayed or prevented due to any kind of unexpected major event then in such case our responsibilities would be suspended for so long as the unexpected event continues.
12. INDEMNIFICATION
12.1 By accepting these Terms and conditions mentioned, You agree that You shall defend, indemnify and hold Lway, 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: (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including the TPSPs \or (c) Your use or misuse of the Application or Service.
13. LIABILITY
13.1. The Service related information and recommendations provided to you on the Application or by Lway call center are for general information purposes only to make you aware of relevant traveling options and related charges for that. Lway will always try to keep the application and its contents up to date but does not guarantee that the application is free of errors, up to date and accurate. Please always check the last updated date given at the start of this T&C document.
13.2. Lway will not be liable for you missing any of your next events or bus/train/flights etc. as the service is dependent on many factors that are not in Lway’s direct control. It is your responsibility to do the bookings in advance and take into account some advance time to avoid any kind of further delays.
13.3. If the vehicle does not reach you after 30 min of your pickup time then Lway will try to get you in touch with the driver assigned for your ride.
13.4. Lway will not be liable for any incorrect pickup or drop location data entry or inability to use the Application or error in call center number or internet issue or any other virus’s issues in the Application.
13.5. It is your duty and responsibility to take care of your items and luggage. If you lost any of your items inside the vehicle during the Lway ride then we will try to search your lost items to the best of our capability but will not be responsible if we could not manage to get it. In lost item case you will have to inform Lway in writing within 24 hours after completion of your ride. If we found your lost item then you will be informed instantly about the Lway office from where you can collect it. The home delivery option can be checked and implemented as per the customer's demand and feasibility.
13.6. Lway does not assure the complete stability of its Service and shall not be held responsible or liable for the same, in any manner.
13.7. Lway will not be responsible for any loss of communication / information on ride status update and benefits. All the ride related information will be sent by popup notification in the app or by direct SMS on the mobile number registered with Lway. Lway will not be responsible for the wrong mobile or email or any other communication medium. You will be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding your ride or trip booking confirmation.
13.8. IN NO EVENT SHALL LWAY 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 LWAY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
13.9. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LWAY’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
13.10. 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 Lway shall be the minimum permitted under Applicable Law.
13.2. Lway will not be liable for you missing any of your next events or bus/train/flights etc. as the service is dependent on many factors that are not in Lway’s direct control. It is your responsibility to do the bookings in advance and take into account some advance time to avoid any kind of further delays.
13.3. If the vehicle does not reach you after 30 min of your pickup time then Lway will try to get you in touch with the driver assigned for your ride.
13.4. Lway will not be liable for any incorrect pickup or drop location data entry or inability to use the Application or error in call center number or internet issue or any other virus’s issues in the Application.
13.5. It is your duty and responsibility to take care of your items and luggage. If you lost any of your items inside the vehicle during the Lway ride then we will try to search your lost items to the best of our capability but will not be responsible if we could not manage to get it. In lost item case you will have to inform Lway in writing within 24 hours after completion of your ride. If we found your lost item then you will be informed instantly about the Lway office from where you can collect it. The home delivery option can be checked and implemented as per the customer's demand and feasibility.
13.6. Lway does not assure the complete stability of its Service and shall not be held responsible or liable for the same, in any manner.
13.7. Lway will not be responsible for any loss of communication / information on ride status update and benefits. All the ride related information will be sent by popup notification in the app or by direct SMS on the mobile number registered with Lway. Lway will not be responsible for the wrong mobile or email or any other communication medium. You will be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding your ride or trip booking confirmation.
13.8. IN NO EVENT SHALL LWAY 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 LWAY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
13.9. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LWAY’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
13.10. 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 Lway shall be the minimum permitted under Applicable Law.
14. APPLICATION LICENSE
14.1. If you read, understand and agree to these User Terms, Lway grants you a limited, non-transferable and non-sublicensable license to download and install a copy of the Application on your single mobile device to run such copy of the Application solely for your own personal use.
14.2. You will not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available the application to any third party in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.
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. Lway will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Lway may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Lway 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. Lway reserves the right, at any time and without prior notice, to remove or disable access to any content that Lway, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
14.2. You will not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available the application to any third party in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.
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. Lway will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Lway may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Lway 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. Lway reserves the right, at any time and without prior notice, to remove or disable access to any content that Lway, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
15. CONTENT POSTED BY CUSTOMERS
15.1. Lway may accept the 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. Lway shall not in any manner be responsible for or endorse the Posted Content.
15.2. You agree that when posting Posted Content, You will not:
(i) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
(ii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.
(iii) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
(iv) Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
(v) Conduct or forward surveys, contests, pyramid schemes, or chain letters.
(vi) Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
(vii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(viii) Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.
(ix) Restrict or inhibit any other user from using and enjoying the Site.
(x) Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.
(xi) Harvest or otherwise collect information about others, including e-mail addresses, without their consent. (xii) Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation. (xiii) Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
15.2. You agree that when posting Posted Content, You will not:
(i) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
(ii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.
(iii) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
(iv) Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
(v) Conduct or forward surveys, contests, pyramid schemes, or chain letters.
(vi) Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
(vii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(viii) Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.
(ix) Restrict or inhibit any other user from using and enjoying the Site.
(x) Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.
(xi) Harvest or otherwise collect information about others, including e-mail addresses, without their consent. (xii) Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation. (xiii) Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
16. INTELLECTUAL PROPERTY OWNERSHIP
16.1. Lway alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Site, Application, Product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the Site, Application or the Service. Third-party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
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 Lway. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by the use of the Services or the Site/ Application.
16.3. You may use the information on the application purposely made available by Lway for downloading from the Site, provided that You: (i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or (iii) do not make any additional representations or warranties relating to such information.
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 Lway. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by the use of the Services or the Site/ Application.
16.3. You may use the information on the application purposely made available by Lway for downloading from the Site, provided that You: (i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or (iii) do not make any additional representations or warranties relating to such information.
17. LINKS
17.1. If permitted by Lway, You may establish a hypertext link to the application, provided that the link does not state or imply any sponsorship or endorsement of Your site by Us. You must not use on Your site or in any other manner any Lway trademarks or service marks or any Content belonging to Lway and appearing on the Site, including any logos or characters, without our express written consent. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without our prior written consent.
18. TERM AND TERMINATION OF LICENSE AGREEMENT
18.1. Unless terminated in accordance with this Clause 17, the agreement between Lway and You is perpetual in nature upon downloading the Application and for each Ride booked through the Application.
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 application. You can close Your Account at any time by following the instructions on the Site.
18.3. Lway is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Service) if You: (a) violate or breach any term of these User Terms, or (b) in the opinion of Lway, misuse the Application or the Service. Lway is not obliged to give notice of the termination of the agreement in advance. After termination Lway will give notice thereof in accordance with these User Terms.
18.4. Termination of this agreement will not prejudice accrued rights of either Lway or You.
18.5. Clauses 11 (Indemnification), 12 (Liability), 13 (Application License), 14 (Contents posted on Application), 15 (Intellectual Property Ownership), 17 (Term and Termination), 22 (Notice) and 24 (Applicable Law and Dispute Resolution) and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.
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 application. You can close Your Account at any time by following the instructions on the Site.
18.3. Lway is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Service) if You: (a) violate or breach any term of these User Terms, or (b) in the opinion of Lway, misuse the Application or the Service. Lway is not obliged to give notice of the termination of the agreement in advance. After termination Lway will give notice thereof in accordance with these User Terms.
18.4. Termination of this agreement will not prejudice accrued rights of either Lway or You.
18.5. Clauses 11 (Indemnification), 12 (Liability), 13 (Application License), 14 (Contents posted on Application), 15 (Intellectual Property Ownership), 17 (Term and Termination), 22 (Notice) and 24 (Applicable Law and Dispute Resolution) and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.
19. INVALIDITY OF ONE OR MORE PROVISIONS
19.1. The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
20. CONFLICT
In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and Lway, 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. DISCLAIMER
21.1. You agree that Lway is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. Lway does not endorse, advertise, advise or recommend You to avail the Services of any Driver. Lway also does not guarantee or provide assurance in respect of the behavior, actions or data of the users posted on the Site.
21.2. We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.
21.3. Lway and their representatives, officers, employees, agents, and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or Your reliance upon the Service or the information contained upon the application (whether arising from Lway or any other person's negligence or otherwise).
21.4. This Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your access of the Application, that your access of the Application and availing of Services is at your sole risk, that you assume full responsibility for your access and use of the Site Application, and that Lway shall not be liable for any damages of any kind related to your access and use of this Application.
21.5. All images, audio, video, and text in the Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
21.6. Lway is not engaged in the insurance business and does not provide any insurance services right now. Once to start to provide insurance service also on all kind of our rides we will notify you about that by popup message, SMS or by email.
21.2. We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.
21.3. Lway and their representatives, officers, employees, agents, and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or Your reliance upon the Service or the information contained upon the application (whether arising from Lway or any other person's negligence or otherwise).
21.4. This Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your access of the Application, that your access of the Application and availing of Services is at your sole risk, that you assume full responsibility for your access and use of the Site Application, and that Lway shall not be liable for any damages of any kind related to your access and use of this Application.
21.5. All images, audio, video, and text in the Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
21.6. Lway is not engaged in the insurance business and does not provide any insurance services right now. Once to start to provide insurance service also on all kind of our rides we will notify you about that by popup message, SMS or by email.
22. MODIFICATION OF THE SERVICE AND USER TERMS
22.1. Lway reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.
22.2. Lway shall not be required to notify you of any changes made to these User Terms. The revised User Terms shall be made available on the Application. You are requested to regularly visit the applications T&C sections to view the most current User Terms. You can determine when Lway last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes. Lway may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, Your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
22.2. Lway shall not be required to notify you of any changes made to these User Terms. The revised User Terms shall be made available on the Application. You are requested to regularly visit the applications T&C sections to view the most current User Terms. You can determine when Lway last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes. Lway may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, Your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
23. NOTICE
23.1. Lway may give you notice by means of a general notice on the Application, or by electronic mail or a message on your mobile number, or by written communication sent by regular mail to your address on record in Lway’s account information.
23.2. You may contact Lway by electronic mail at our email address support@lwayonline.com or by written communication sent by regular mail to our address at KS 525, Technology Business Incubator (TBI), S. No.124, 5th Floor, Kashyap (COE-D) Building, MIT-World Peace University Campus, Paud Road, Kothrud, Pune 411038, Maharashtra, India.
23.2. You may contact Lway by electronic mail at our email address support@lwayonline.com or by written communication sent by regular mail to our address at KS 525, Technology Business Incubator (TBI), S. No.124, 5th Floor, Kashyap (COE-D) Building, MIT-World Peace University Campus, Paud Road, Kothrud, Pune 411038, Maharashtra, India.
24.1. You shall not assign your rights under these User Terms without the prior written approval of Lway. Lway can assign its rights under the User Terms to any affiliate.
25. APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Lway as Lway may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by Lway and You. The place of the arbitration shall be Malegaon, Nasik unless otherwise mutually agreed by Lway and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Malegaon, India.
