TERMS AND CONDITIONS FOR USERS

This document constitutes an electronic record as defined under the Information Technology Act, 2000, and the applicable rules framed thereunder. It is in accordance with the provisions governing electronic records as amended by the Information Technology Act, 2000 and other relevant statutes.

GENERIC TERMS

These Terms and Conditions (the "Terms")—comprising the General Terms, Special Terms, and any agreements you have executed or accepted—govern your access to and interaction with the Nischaya Yatra Platform [NY]. This includes use of our mobile application (“Nischaya Yatra App [NY]”) or website https://www.nischayayatra.in & https://www.nischayayatra.com, whether accessed through a mobile phone, computer, or any other device (“Device”), and your use of the services offered thereon (“Services”).

The Services offered by Nischaya Yatra Private Limited (“Nischaya Yatra [NY],” “Company,” “we,” “us,” or “our”) are made available solely through your use of the Platform. Accordingly, these Terms govern the relationship between you—the user, customer, or service participant (“you,” “your,” “User,” or “Customer”)—and the Company in the context of accessing and availing the Services.

We urge you to read these Terms carefully before registering, accessing, or using the Platform, or before accessing any content or Services therein. By continuing to use the Platform or by availing any Service, you indicate that you have read, understood, and unconditionally accepted these Terms. If you do not agree to abide by these Terms, please do not access or use the Platform or the Services.

These Terms expressly override any prior agreements or understandings between you and the Company. Your use of the Platform is subject to your full and unconditional acceptance of these Terms and our Privacy Policy (incorporated herein by reference), including any modifications posted by the Company at its sole discretion from time to time.

USE AND MANAGEMENT OF THE PLATFORM

1. To access the Platform, you are required to register and create an account (“Your Account”) by submitting accurate and complete Information during the registration process. You are solely responsible for safeguarding your login credentials (such as username and password), and you acknowledge that the Company shall not be liable for any loss, damage, or unauthorized activity resulting from the use of Your Account by any third party, whether authorized by you or not.
2. Your Account is personal to you and may not be transferred, assigned, or sold to any third party under any circumstances.
3. You agree to take full responsibility for all activities conducted through Your Account. You also undertake to implement reasonable security measures to safeguard access credentials—such as your username, password, and any linked third-party login details—from unauthorized use. This includes selecting strong, secure credentials and ensuring that such information is not disclosed to or accessible by others.
4. You agree to promptly notify us if you suspect or become aware that your login credentials have been compromised, or if Your Account is being, or is likely to be, accessed or used without your authorization.
5. Nischaya Yatra [NY] shall not be held liable for any breach of security or unauthorized access to, or use of, Your Account, whether or not such breach was within your knowledge or control.
6. Upon receipt of your booking request made via the Platform (“Service Request”), the Company shall transmit the same to the designated Guide through a GPS-GPRS-enabled app-based Device accessible to the Guide.
7. The Company may monitor and record calls made to Guides for the purpose of training, quality assurance, and enhancing customer support services, including the resolution of complaints.
8. Each Service Request shall be subject to the sole discretion of the Guide, who may accept or reject the same at their independent judgment.
9. Upon acceptance of the Service Request by the Guide, you will receive a notification containing relevant details of the Guide, including their name, contact number, vehicle registration number, and any other pertinent information.
10. The Company shall make reasonable efforts to connect you with a Guide to facilitate the provision of the Service, subject to the availability of a Guide in or around your location at the time of your Service Request.
11. Even after a Service Request has been accepted, the Guide may, at their discretion, be unable or unwilling to reach the designated pick-up location or may choose not to render the Service. In such instances, the Company shall not be held liable for any resulting inconvenience, loss, or damages.
12. The Company shall not be held liable in the event you fail to download the correct version of the mobile application required to access the Platform or if you access an incorrect or unauthorized web portal.
13. For the avoidance of doubt, the Company does not itself provide the Transportation Services, but merely facilitates access to such services via the Platform. The responsibility for rendering these services lies solely with the independent third-party service providers (Guides), who are not employees, agents, or representatives of the Company or its affiliates. You acknowledge that Nischaya Yatra [NY] acts solely as an intermediary and not as a transportation carrier.
14. The Company reserves the right, at its sole discretion, to introduce new modes of submitting Service Requests or delivering Services, or to discontinue any existing modes, at any time without prior notice.

You agree to use the Platform and Services responsibly and in compliance with these Terms and applicable laws.

1. You agree to use the Services solely for lawful purposes and in full compliance with applicable laws, and to refrain from any conduct that may be deemed disreputable or harmful to the Company’s reputation, including adherence to all applicable laws of the Republic of India.
2. You agree to treat the Guide with respect and refrain from causing damage to their vehicle or engaging in any unlawful, threatening, harassing, or abusive conduct while availing the Services.
3. The Company assumes no responsibility for the behavior, actions, omissions, or service quality of the Guides or the condition of the Vehicles provided. Any arrangement or contract for the provision of a Vehicle and/or the Services is entered into solely between you and the guide, and the Company is not a party to such arrangement.

By accessing or using the Platform, you acknowledge and agree that:

1. You agree to download and use the Nischaya Yatra App [NY] solely for your personal use and shall not sell, distribute, or transfer access to any third party.
2. You agree not to authorize or permit any third party to access or use Your Account under any circumstances.
3. You shall not assign, transfer, or otherwise delegate any rights or obligations related to Your Account to any individual or legal entity.
4. You shall not use the Platform for any unlawful or fraudulent purpose, including but not limited to transmitting, storing, or distributing illegal or unauthorized content.
5. You agree not to use the Platform in any manner that causes nuisance, annoyance, inconvenience, or disruption to the Company, Guides, or any third parties.
6. You agree not to misuse the Platform or attempt to defraud the Company, Guides, or any third party in any manner.
7. You agree not to impair the proper functioning of the Platform or use any device, software, file, or technology—including viruses, trojans, worms, time bombs, or cancelbots—intended to damage, disrupt, intercept, or expropriate any data, systems, or services associated with the Platform, or affect the operation of any other websites or the internet.
8. You agree not to take any action that imposes an unreasonable or disproportionately large load on the Platform’s infrastructure or Services, including but not limited to denial-of-service attacks, spamming, or any other form of unsolicited overload.
9. You agree not to attempt to damage, disrupt, or otherwise harm the Platform or any part of its operations in any manner.
10. You agree not to copy, reproduce, or distribute the Platform or any of its content without prior written consent from the Company.
11. You agree to maintain the confidentiality and security of your account password and any identification credentials provided by the Company for accessing the Platform.
12. You agree to furnish any proof of identity requested by the Company, as and when required, for verification or compliance purposes.
13. You agree to access the Platform only through a data connection or access point that you are duly authorized to use, including at minimum a 3G, 4G, or 5G network.
14. You agree not to access or use the Platform via any device that is incompatible with its technical requirements or that you are not authorized to use.
15. You agree not to engage in any fraudulent activity, including but not limited to falsifying information, creating dummy or duplicate accounts, manipulating device settings to impair Platform functionality, misusing promotions, disputing legitimate charges, or falsifying any documents or data. Such conduct, whether in violation of applicable laws or these Terms, is strictly prohibited.
16. If you create more than one account per user, the Company reserves the right to suspend or terminate all such duplicate or unauthorized accounts at its sole discretion.

You further agree not to upload, share, publish, or transmit any content that:

1. Contains information or material that belongs to another individual or entity and to which you do not have lawful access or rights.
2. Is harmful, abusive, offensive, harassing, obscene, pornographic, invasive of privacy, hateful, disparaging, or otherwise unlawful; promotes or relates to money laundering, gambling, or any activity that may endanger users—including harmful online games; or incites violence or promotes enmity between groups based on religion, caste, or other protected attributes.
3. Infringes upon any patent, trademark, copyright, or other proprietary or intellectual property rights of any person or entity.
4. Causes harm to minors in any form, endangers the safety or well-being of children, or contains content that is exploitative, abusive, or otherwise detrimental to children.
5. Contains any commercial content, including but not limited to solicitation of funds, advertising, promotional materials, or marketing of goods or services.
6. Deceives or misleads the recipient regarding the origin of any communication; or conveys misinformation, false or misleading content; or—when pertaining to any business of the Central Government—is identified as fake, false, or misleading by a fact-checking unit designated by the Government.
7. Impersonates any individual or entity, or misrepresents your affiliation with any person or organization.
8. Contains software viruses or any code, files, or programs intended to disrupt, damage, or limit the functionality or integrity of any computer system, resource, or network.
9. Threatens the unity, integrity, defense, security, or sovereignty of India; harms relations with foreign states; disrupts public order; incites the commission of any cognizable offence; obstructs the investigation of any offence; or is derogatory toward any other nation.
10. Relates to or promotes any online game that has not been verified as a permissible online game under applicable laws or regulatory frameworks.
11. Constitutes an advertisement, surrogate advertisement, or promotion of an online game that is not recognized as a permissible online game under applicable laws, or promotes any online gaming intermediary offering such a game.
12. Violates any applicable law currently in force or any regulation having the force of law.

The Company reserves the right to immediately suspend or terminate your access to the Platform and cease providing any Services if you fail to comply with any provision of these Terms.

Notices and Communication Protocol

1. You agree that NISCHAYA YATRA [NY], whether directly or through its affiliates or authorized third parties, may communicate with you in connection with the Platform or the Services via electronic means (including push notifications), phone calls, WhatsApp, email, or any other legally recognized mode of communication.
2. Any electronic communication sent by the Company, including via email, SMS, WhatsApp, or other online platforms, shall be deemed received by you within 48 hours of dispatch. Communications sent via postal mail shall be considered received three (5) business days after the date of posting.
3. If you are a registered Customer and have provided your contact information, you expressly consent to the Company, its affiliates, permitted assigns, and authorized third-party agents contacting you in connection with the Services. Such communication may be carried out through phone calls, text messages, emails, WhatsApp, or any other legally permissible mode:
4. 1. Any mobile or landline number you provide, use to contact the Company, or which the Company reasonably believes may be used to reach you (whether or not it is registered in your name), may be used by the Company or its authorized agents for communication purposes.
   2. Any email address that you provide to the Company or that is associated with your account on the Platform may be used by the Company, its affiliates, or authorized agents for communication purposes.
   3. Automated dialer systems or automatic telephone dialing systems used for initiating communications.
   4. Pre-recorded messages, artificial voice communications, or any other automated forms of communication.

The accuracy, clarity, and timely receipt of communications may be affected by various factors beyond the Company’s control. Accordingly, the Company shall not be held liable for any non-delivery, delay, loss, or distortion of any communication, regardless of the mode through which it is transmitted.

You agree to pay all applicable fees for Services as per the communicated terms:

1. You are liable to pay for any Services you use.
2. Service rates and applicable cancellation fees will be disclosed on the Platform.
3. Service charges may be revised at the Company’s discretion, and you are responsible for staying informed of any such changes.
4. You agree to pay for all Services availed from the Guide and through the Platform, either via online payment or in cash directly to the Guide. You acknowledge that the Company bears no responsibility for cash payments made directly to the Guide.
5. All payments are non-refundable. Upon completion of the Transportation Services, the Company will arrange for an invoice to be sent to your registered email address.

STATEMENT OF NON-LIABILITY

1. The information and recommendations made available on or through the Platform are intended solely for general informational purposes and do not constitute professional advice of any kind.
2. While the Company will make reasonable efforts to maintain the accuracy, timeliness, and uninterrupted availability of the Platform and its content, it does not warrant that the Platform will be error-free, secure, or up to date. The Company disclaims all liability for any loss or damage arising from delays, failures, interruptions, or errors in its operation.
3. The Company shall not be liable for any damages arising from your use of, or inability to use, the Platform. This includes, without limitation, damages caused by delays or failures in electronic communications, unauthorized access or alteration by third parties, or transmission of viruses through such communications.
4. If you access the Platform from outside India, you do so at your own risk and are solely responsible for complying with the local laws of that jurisdiction. The availability of the Platform in other countries does not imply that their laws govern its use. The Company disclaims all liability, whether direct or indirect, arising from non-compliance with any foreign laws.
5. Access to the Platform or Services may be temporarily unavailable, delayed, restricted, or slowed from time to time due to the inherent nature of the internet and other factors, including but not limited to:
   1. server outages, network disruptions, hardware malfunctions (including your own device), failures in telecommunication lines or connections, and other electronic or mechanical equipment issues.
   2. software failures such as bugs, viruses, configuration errors, system or application incompatibility, firewall or security software interference, unreadable code, or anomalies within documents or other content.
   3. system capacity overloads or excessive usage demands impacting performance or availability.
   4. damage resulting from severe weather, earthquakes, war, insurrection, riots, civil disturbances, acts of God, accidents, fire, water damage, explosions, mechanical failures, or other natural disasters.
   5. interruptions (whether full or partial) of power supply or other utility services, or strikes and other labor stoppages (in whole or in part).
   6. governmental or regulatory restrictions, exchange regulations, judicial or tribunal orders, or any other form of human intervention.
   7. or any other cause, whether similar or unrelated to the foregoing, that is beyond the reasonable control of the Company.
6. The Guide is solely responsible for the quality of the Transportation provided through the Platform, and the Company assumes no liability in this regard. However, complaints related to such services should be submitted to the Company via email, as communicated from time to time.
7. The Platform and Services are provided on an 'as is' basis, without any warranties or guarantees of any kind. The Company makes no representations regarding the reliability, quality, accuracy, suitability, availability, or completeness of the Platform or the Services. It does not guarantee that: (a) the Platform will function uninterrupted, securely, or without error; (b) it will meet your requirements or expectations; (c) any stored data will be accurate or reliable; (d) the quality of Services or information obtained will meet your expectations; (e) defects will be corrected; or (f) the Platform or servers are free from harmful components such as viruses.

To the fullest extent permitted by law, all warranties—express, implied, statutory, or otherwise—are disclaimed, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You acknowledge that your use of the Platform and Services is solely at your own risk, and the Company shall bear no liability arising from such use.

INTELLECTUAL PROPERTY OWNERSHIP

1. The Company is the exclusive owner and lawful licensee of all rights in the Platform and any associated digital media, including their design, layout, text, images, graphics, audio, video, and other content. Such content contains trade secrets and is protected under applicable copyright and intellectual property laws worldwide. All title, ownership, and intellectual property rights in the Platform and its content remain with the Company, excluding third-party content and links to third-party websites available on the Platform. 'Intellectual Property Rights' refers to all proprietary rights, including:
   1. (i) patents and utility models;
   2. (ii) copyrights, database rights, and moral rights;
   3. (iii) trademarks, trade names, domain names, trade dress, and associated goodwill;
   4. (iv) trade secrets;
   5. (v) industrial designs.
   6. This includes all registrations, applications, renewals, and extensions of the foregoing in any jurisdiction worldwide.
2. All rights not expressly granted under these Terms or by the Company are reserved. The information provided on this Platform is intended solely for general informational purposes and personal use, with the user assuming full responsibility for its application.
3. The Company makes no representations or endorsements regarding the accuracy, reliability, or quality of any content, advertisements, products, information, or materials accessed, downloaded, or obtained through the Platform or its Services. Any reliance on such content or offers shall be at your own risk.
4. All related icons, logos, trademarks, service marks, and word marks of the Company are registered in various jurisdictions and are protected under applicable copyright, trademark, and other proprietary rights laws. Any unauthorized use, reproduction, modification, or publication of these marks is strictly prohibited.
5. Subject to your adherence to these Terms, the Company grants you a limited, non-exclusive, non-transferable license to download, install, and use one copy of the Platform on a mobile device that you own or control, strictly for your personal use.
6. As between the Customer and the Company, all rights, title, and interest in: (i) the Information, (ii) other data entered into the Platform by the Customer or its authorized users ('Other Information'), and (iii) all associated Intellectual Property Rights, shall remain solely with the Customer. 'Information' and 'Other Information' are collectively referred to as 'Customer Information'. The Customer grants the Company a limited, non-exclusive, royalty-free, worldwide license to use the Customer Information as necessary to operate, maintain, and enhance the Platform and deliver Services. In addition, the Customer grants the Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license to use, reproduce, modify, and distribute the Other Information as part of Aggregated Statistics (as defined below). The Customer remains solely responsible for the accuracy, legality, quality, and reliability of all Customer Information. The Company will access and use such Customer Information only in accordance with these Terms and the Privacy Policy.
7. Aggregated Statistics: Notwithstanding anything in these Terms, the Company may monitor the Customer’s (and its authorized users’) use of the Platform and Services and utilize related data—along with Customer Information—in an aggregated, anonymized form to generate statistical and performance insights regarding the Platform’s operation and delivery (“Aggregated Statistics”). All rights, title, and interest in such Aggregated Statistics, including all associated Intellectual Property Rights, shall vest exclusively with the Company. The Customer acknowledges that Aggregated Statistics may be derived from Customer Information and from data provided by other users. The Customer further consents to the Company:
   1. (i) making such Aggregated Statistics publicly available, and
   2. (ii) using them for lawful purposes including analytics, service optimization, and marketing, provided they do not identify the Customer.
8. You agree that you shall not, under any circumstances, do any of the following:
   1. a) License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit, or make the Platform available to any third party, in any manner.
   2. b) Modify, adapt, or create derivative works based on the Platform or any part thereof.
   3. c) Create internet 'links' to, or 'frame' or 'mirror' any part of the Platform on any other server or internet-enabled device.
   4. d) Reverse engineer, decompile, disassemble, or otherwise attempt to access the source code of the Platform, or use the Platform to build a competing product or service.
   5. e) Launch or initiate any automated program or script—including but not limited to web spiders, crawlers, robots, ants, indexers, bots, viruses, or worms—or any tool that generates multiple server requests per second or otherwise disrupts, impairs, or places an undue burden on the operation or performance of the Platform.

LINK TO THIRD PARTY SITES

1. While using the Platform, you may engage in communications with, purchase goods or services from, or participate in promotions offered by third-party GUIDES, advertisers, or sponsors through links displayed on the Platform. These external links direct you away from the Platform and are not controlled or endorsed by the Company. Accessing such third-party websites is done entirely at your own risk.
2. Please be aware that such third-party websites may deploy their own cookies, collect data, or request personal information from users. Accordingly, you are strongly advised to review the terms of use and privacy policies of these external sites before engaging with them.

EMERGENCY SYSTEM

1. The Nischaya Yatra App [NY] includes an SOS feature that enables Customers to request emergency assistance by tapping the 'Red' button available within the App interface. This feature is directly linked to Nischaya Yatra’s [NY] internal emergency response team, and all such escalations are addressed with priority in accordance with the Company’s safety protocols.
2. You agree to use the Emergency/SOS feature strictly in genuine emergency situations. Any misuse of this feature may result in consequences, including legal action under applicable laws and/or disciplinary measures in accordance with Nischaya Yatra’s [NY] internal policies.

CONTRACT TERM AND CESSATION

1. These Terms constitute a binding agreement between you and the Company for an indefinite duration. You may terminate this agreement at any time by deleting your Account from the Platform.
2. The Company reserves the right to terminate your access to the Platform and/or Services at any time, with immediate effect, by disabling your use, if: (a) you breach any provision of these Terms; (b) the Company determines that you have misused the Platform or Services; or (c) there is a reasonable suspicion that your account has been used fraudulently.
3. The Company is under no obligation to provide prior notice of termination. Following termination, notice shall be provided in accordance with these Terms.
4. Neither party shall be held liable for any delay or failure in performance caused by circumstances beyond its reasonable control and without its fault or negligence. Such force majeure events may include, but are not limited to, strikes, lockouts, riots, civil disturbances, accidental explosions, floods, storms, acts of God, or other similar events.
5. In addition to its right to suspend or terminate your access to the Account and/or Services for any breach of these Terms, the Privacy Policy, or applicable laws, the Company reserves the sole discretion to initiate legal proceedings against you if your conduct is deemed to involve fraud, misuse of the Platform, or actions detrimental to the Company’s interests, or to any user, Guide, or participating third party.
6. The Company’s decision not to enforce strict compliance with any provision of these Terms shall not be deemed a waiver of any of its rights, whether in respect of a past or future breach.

RISK ALLOCATION AND LIABILITY LIMITATION

1. You agree, at your own expense, to defend, indemnify, and hold harmless the Company, its affiliates, licensees, and their respective officers, directors, agents, and employees from and against any and all claims, liabilities, losses, damages, expenses, and costs (including reasonable attorneys’ fees and court costs) arising from or related to: (i) your breach or alleged breach of these Terms; (ii) your use or misuse of the Platform or Services; or (iii) any third-party claims in connection with your use of the Platform or Services.
2. The Company reserves the right, at your expense, to assume sole control over the defense and settlement of any matter for which you are obligated to indemnify the Company. You agree to fully cooperate in such defense and settlement. The Company will make reasonable efforts to notify you of any third-party claim, action, or proceeding covered under the foregoing indemnification upon becoming aware of it. You may, at your own cost, appoint separate legal counsel to advise you and participate in the defense, subject to the Company’s exclusive control over the conduct and resolution of the matter.
3. Under no circumstances shall the Company be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages of any kind—including, without limitation, damages for loss of profits, goodwill, data, or other intangible losses—arising out of or in connection with your use of the Platform or Services, regardless of the legal basis (contract, tort, negligence, strict liability, or otherwise), even if the Company has been advised of the possibility of such damages.
4. Furthermore, and without limiting the foregoing, to the maximum extent permitted under applicable law, the Company’s total aggregate liability arising out of or related to these Terms or the Services provided hereunder—whether in contract, tort (including negligence, product liability, or any other legal theory), warranty, or otherwise—shall in no event exceed INR 1,100/-.

GOVERNING LEGAL FRAMEWORK AND DISPUTE SETTLEMENT

1. These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law principles.
2. The Parties irrevocably submit to the exclusive jurisdiction of the courts located in Lucknow, India, for the resolution of any disputes arising out of or in connection with these Terms.
3. All disputes arising out of or in connection with these Terms shall first be attempted to be resolved amicably between the Parties. If no such resolution is reached within fifteen (15) days from the date on which one Party notifies the other of the dispute, the same shall be finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
4. The arbitration proceedings shall be conducted by a sole arbitrator, who shall be mutually appointed by you and the Company.
5. The arbitration proceedings shall be conducted exclusively in the English/Hindi language, and the seat of arbitration shall be Lucknow, India.
6. The decision rendered by the arbitral tribunal shall be final and binding on the Parties.

TRANSFER OF RIGHTS

You shall not transfer or assign any of your rights or obligations under these Terms without the prior written consent of the Company.

CLAUSE AUTONOMY

If any provision of these Terms, or any portion thereof, is deemed invalid, unenforceable, or prohibited under the applicable laws of the Republic of India, such provision shall be severed and treated as inoperative to the extent of such invalidity. The remainder of these Terms shall remain in full force and effect, as if the invalid or unenforceable provision had never been included.

AMENDMENTS TO THIS AGGREMENT

The Company may revise these Terms from time to time. In the event of material changes, the Company will make reasonable efforts to notify you; however, you are responsible for periodically reviewing the Terms as posted on the Platform. The revised Terms shall take immediate effect upon being posted and will supersede all previous versions. Your continued use of the Platform following such updates will constitute your acceptance of the modified Terms.

COMMUNICATIONS

The Company may provide notices by (i) posting a general notification on the Platform, (ii) sending an email to the address associated with your account, or (iii) delivering written communication via regular mail to the address on record.