1. Introduction

Your privacy matters to Fasto Travels Limited (the “Company”, “we”, “Fasto”, or “us”).

Fasto Travels Limited (“Company”) provides technology-based services for booking two-wheelers (“Vehicle”) to you (“You” or “Users”) and you agree to obtain certain Services (defined hereinafter) offered by third-party drivers or vehicle operators (“Driver“) by means of the Company’s website and the mobile application “Fasto” (“Platform”). All the Services provided by the Company to you would be by means of your use of the Platform. These Terms of Use shall govern the relationship between you (the customer) and the Company in the course of the provision of the Services. These terms of use (“Terms of Use”) mandate the terms on which users using the Services will be governed.

Please read the Terms of Use carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform.

Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions, and notices contained in this Terms of Use and Privacy Policy, along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time

 

2. Services

 “Fasto” platform provides the following services (“Services”) to You:

  1. It allows you to avail of transportation services provided by the Driver on our Platform (“Transportation Services”).

3. General Terms of Use

  1. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18 years), to obtain an account.
  2. The Service is not available for use by persons under the age of 18 years. You shall not authorize third parties to use your account. You shall not allow persons under the age of 18 years to receive transportation services from the Drivers.
  3. If the Company becomes aware or, it acquires credible knowledge that You have misled us regarding your age, then the Company reserves its rights to deactivate the account and You will not be liable to raise any claims including any insurance from the Company.
  4. The Company shall take your booking request and forward it to the Driver through an app-based device operating on GPS-GPRS based device available with the Captain.
  5. The Company may monitor and record calls made to the Driver, for the purpose of training and improving customer care services, including complaints.
  6. The Driver shall have the sole discretion to accept or reject each request for the Service.
  7. If the Driver accepts the booking request made by the Company, a notification will be sent to you with the information regarding the Driver including their name, contact number, etc.
  8. The Company shall make reasonable efforts to bring you in contact with the Driver in order to obtain the Service subject to the availability of the Driver in or around your location at the time of your booking request made to the Company.
  9. For the avoidance of doubt, it is clarified that the Company itself does not provide the Services. It is the Driver who shall render the Services to you.
  10. Even after acceptance of the booking, the Driver may not reach your pick-up location or decide not to render his services. in which event the Company shall not be held liable.
  11. You warrant that the information you provide to the Company is accurate and complete. The Company is entitled at all times to verify the information that you have provided. You may only access the Services using authorized means.
  12. The Company shall not be liable if you do not download the correct Platform or visit the appropriate web portal.
  13. The Company reserves the right to discontinue or introduce any of the modes of booking Vehicles and/or for providing Package Services.
  14. You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation and will comply with all applicable laws of the region.
  15. You will treat the Driver with respect and not cause damage to their Vehicle or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst using their Vehicle;
  16. The Company is not responsible for the behavior, actions, or inactions of drivers of Vehicles, or the quality of Vehicle which you may use. Any contract for the provision of Vehicle for the Services is exclusively between you and the Driver and the Company is not a party to the same.
  17. You agree that You shall not request for Package Services for Items that are illegal, hazardous, dangerous, or otherwise restricted or constitute Items that are prohibited by any statute or law, regulation, or the provisions of this Terms of Use.
  18. You also agree that you shall not request for dispatch of the item(s) which require a special transportation permit or require any special license under applicable law.
  19. The Company does not check or verify the packages that are being picked up and dropped off on behalf of You or the Items that are being delivered to You by the Driver, and therefore the Company shall have no liability with respect to the same. However, if it comes to the knowledge of the Company that You have packaged any illegal or dangerous substance or availed the Package Services using the Platform to deliver any illegal or dangerous substance, the Company shall have the right to report You to the government authorities and take other appropriate legal actions against You.
  20. You agree that before requesting a Package Service, You are well aware of the contents of the package sent or requested by You through a registered Driver and that such contents are legal and within the limits of transportation under any applicable laws. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws).
  21. You also agree that, upon becoming aware of the commission of any offense by You or Your intention to commit any offense upon initiating a Package Service or during a Package Service of any Item(s) restricted under applicable law, the Driver may report such information to Company or to the law enforcement authorities.
  22. You also agree that any payment for the products/goods ordered by you in respect of the Delivery Services shall be at your own risk and the payment shall be settled directly between you and the Driver. Fasto does not assume any responsibility or liability whatsoever for any damage/deficiency or loss of the products/goods. The Delivery Services are provided to You directly by the Driver and Fasto merely acts as a technology platform to facilitate delivery initiated on the Platform Fasto does not assume any responsibility or liability for any form of deficiency of services on part of the Driver.
  23. You agree that you will be solely responsible for the packages handed over to the Driver and shall be prudent not to hand over expensive items to the Driver. You will be solely responsible for any loss or damage to the goods, in case of any theft or any other incidents to the packages by the Driver.
  24. You can initiate a transaction on the Platform by which You may (through the help of a Driver) send packages at a particular location. The Package Services are provided to You directly by the Driverand Rapido merely acts as a technology platform to facilitate transactions initiated on the Platform and Fasto does not assume any responsibility or liability for any form of deficiency of services on part of the Driver.
  25. The Company reserves the right to immediately terminate your use of the Application should you not comply with any of the rules provided in the Terms of Use.
  26. By using the Platform of the Company, you further agree that:
  27.  
    1. You will download the Application for your sole, personal use and will not resell it to a third party;
    2. You will not authorize others to use your account;
    3. You will not assign or otherwise transfer your account to any other person or legal entity;
    4. You will not use the 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 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 Application in any way whatsoever;
    8. You will not copy, or distribute the Application or other Company Content without written permission from the Company;
    9. You will keep secure and confidential your account password or any identification that the Company may provide you which allows access to the Application;
    10. You will provide the Company with whatever proof of identity we may request;
    11. In order for us to facilitate UPI payments, we are required to conduct a bank account validation and Virtual Payment Address (“VPA”) validation. We conduct these validations through a third-party service provider.
    12. You will only use an access point or atleast a 3G data account (AP) that you are authorized to use;
    13. You will not use the Application with an incompatible or unauthorized device;
    14. If within 24 hours a user creates more than one account on the same device, Rapido has the right to terminate his/her account;

 

4. Payment 

  1. You shall be required to pay charges for the Services used by you either by using the online payment gateway provided in the Platform or by paying cash to the Driver. The Company collects the charges for the Services on behalf of the Drivers after obtaining authorization from the Drivers and the payment is remitted to the Driver’s bank account registered with the Company.
  2. The rates of the Services shall be notified on the website and mobile application of the Company.
  3. The charges for the Services shall be updated or amended from time to time at the sole discretion of the Company and it shall be your responsibility to remain informed about the charges for the Services.
  4. You agree that you will pay for all Services you purchase from the Driver either by way of online payment or by cash. In the event the payment cannot be accepted through online payment or any other mode, you shall be required to pay the charges for the Services availed by way of cash.
  5. Any payment made is non-refundable. At the end of the trip for the Transportation Services, we will facilitate for you to receive a copy of the invoice from the Company on your registered e-mail account with the Company.
  6. It is clarified that the term “Trip” includes a trip for the transportation of a passenger by the Driver.

 

5. Liability

  1. The information, and recommendations provided to you on or through the website, or the Platform is for general information purposes only and does not constitute advice.
  2. The Company will reasonably keep the website and the application and its contents correct and up to date but does not guarantee that the website and/or application are free of errors, defects, malware, and viruses or that the website and/or application are correct, up to date and accurate. The Company shall not be liable for any damage arising from the same.
  3. The Company shall further not be liable for damages resulting from the use of or the inability to use the website or the application, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
  4. The quality of the Services requested through the use of the Platform is entirely the responsibility of the Driver who ultimately provides such Services to you and the Company is not liable for the same. However, any complaints about the Services provided by the Captain should be submitted to the Company by email as notified from time to time.

 

6. Intellectual Property Rights 

  1. The Company is the sole owner and lawful licensee of all the rights to the website, Platform, or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the Website, Platform, or any other digital media content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership, and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives, or licensors as the case may be.
  2. All rights not otherwise claimed under this Terms of Use or by the Company are hereby reserved. The information contained in this Platform and/or website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
  3. The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded, or accessed from any of the services contained on this website or Platform, or the quality of any products, information or other materials displayed or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
  4. All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks, and other proprietary rights laws. The unauthorized copying, modification, use, or publication of these marks is strictly prohibited.
  5. All the contents on this website and/or Platform are copyright of the Company except the third-party content and link to third-party websites on our website and/or Platform.
  6. Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Platform on a single mobile device that you own or control and to run such copy of the Platform solely for your own personal use.
  7. You shall not do the following:
    1. license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Platform in any way;
    2. modify or make derivative works based on the Platform;
    3. create Internet “links” or “frame” or “mirror” any application on any other server or wireless or Internet-based device.
    4. Reverse engineer or access the Platform in order to:
      1. design or build a competitive product or service,
      2. design or build a product using similar ideas, features, functions, or graphics of the Platform, or
      3. copy any ideas, features, functions, or graphics of the Platform, or
      4. 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 Platform.

 

7. Third-Party Links and Websites

  1. During the use of the website or the application, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, and participate in promotions of third parties. These links take you off the website, and the application and are beyond the Company’s control.
  2. During the use of the website and the application, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party Drivers, advertisers, or sponsors showing their goods and/or services through a link on the website or through the application or Service. These links take you off the website, the application, and the Service and are beyond the Company’s control. You, therefore, visit or access these websites entirely at your own risk.
  3. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

 

8. Terms Related to Termination

  1. The contract between the Company and you is concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of the Platform installed on your mobile device, tablet, or any electronic device capable of using the Platform thus disabling the use by you of the Platform and the Service.
  2. The Company is entitled to terminate the contract at all times and with immediate effect (by disabling your use of the application and the Service) if you: (a) violate or breach any term of these Terms of Use, or (b) in the opinion of the Company, misuse of the Platform or the Service.
  3. The Company is not obliged to give notice of the termination of the contract in advance. After termination, the Company will give notice thereof in accordance with these Terms of Use.
  4. Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God, and similar occurrences.

 

9. Indemnity

You will indemnify and hold the Company harmless, from any and all claims, losses, liabilities, damages, expenses, and costs (including attorneys’ fees and court costs) which result from a breach or alleged breach of these Terms of Use by you.

 

10. Assignment

You may not assign your rights under these Terms of Use without the prior written approval of the Company.

 

11. Amendment

These Terms of Use may be amended from time to time and as and when required, at the discretion of the Company.

 

12. Severability 

If any provision or any part of a provision of these Terms of Use is invalid, unenforceable, or prohibited by applicable laws of the service country, such provision or part of the provision shall be severed from these Terms of Use and shall be considered divisible as to the such provision or part thereof and such provision or part thereof shall be inoperative and shall not be part of the consideration moving between you and the Company hereto and the remainder of these Terms of Use shall be valid and binding and of like effect as though such provision was not included herein.

 

13. Notices

The Company may give notice by means of a general notice on the Application or by electronic mail to your email address on record in the Company’s account information, or by written communication sent by regular mail to your address on record in the Company’s account information.