Terms & Conditions and Privacy Policy

Welcome to Toto Book Cab booking service

Privacy Policy

Your privacy matters to Toto Book  Private Limited (the “Company”, “we”, “Toto Book”, or “us”).

This Privacy Policy explains how we collect, process, use, share and protect information about you. It also tells you how you can access and update your information and make certain choices about how your information is used.

The Privacy Policy covers both “online” (e.g., web and mobile services, including any websites operated by us such as https://totobook-67658.web.app/ or Mobile Application, however accessed and/or used, whether via personal computers, mobile devices or otherwise) and “offline” (e.g., collection of data through mailings, telephone, or in person) activities owned, operated, provided, or made available by the Company. Our “online” and “offline” activities, in relation to facilitation of taxi hire services through a network of third party drivers and taxi operators, are collectively referenced as the “Services”. This Privacy Policy also applies to your use of interactive features or downloads that: (i) we own or control; (ii) are available through the Services; or (iii) interact with the Services and post or incorporate this Privacy Policy.

BY ACCEPTING THE CUSTOMER TERMS AND CONDITIONS, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY. Please review the following carefully so that you understand our privacy practices. If you do not agree to this Privacy Policy, do not accept the Customer Terms and Conditions or use our Services. This Privacy Policy is incorporated by reference into the Customer Terms and Conditions. If you have questions about this Privacy Policy, please contact us through email address provided on our website and/ or Mobile Application.

1. DEFINITIONS Unless otherwise provided in this Privacy Policy, the terms capitalized in the Privacy Policy shall have the meaning as provided hereunder:

• “Co-branded Services” shall have the meaning assigned to the term in paragraph 4.3 hereto.

• “Device” shall mean computer, mobile or other device used to access the Services.

• “Device Identifier” shall mean IP address or other unique identifier for the Device.

• “Mobile Application” shall mean application provided by us on the Device to access the Services.

• “Mobile Device Information” shall have the meaning assigned to the term in paragraph 2.4 hereto.

• “Promotion” shall mean any contest and other promotions offered by us.

• “Protected Information” shall mean such categories of information that could reasonably be used to identify you personally, including your name, e-mail address, and mobile number.

• “TPSP” shall mean a third party service provider.

• “Usage Information” shall have the meaning assigned to the term in paragraph 3 hereto.

2. WHAT INFORMATION DO WE COLLECT?

2.1 INFORMATION YOU PROVIDE TO US

We may ask you to provide us with certain Protected Information. We may collect this information through various means and in various places through the Services, including account registration forms, contact us forms, or when you otherwise interact with us. When you sign up to use the Services, you create a user profile. We shall ask you to provide only such Protected Information which is for lawful purpose connected with our Services and necessary to be collected by us for such purpose. The current data fields that might be requested for are:

▪ Email

▪ Password

▪ Name

▪ Address

▪ Mobile phone Number

▪ Zip Code

2.2 INFORMATION WE COLLECT AS YOU ACCESS AND USE OUR SERVICES

In addition to any Protected Information or other information that you choose to submit to us, we and our TPSP may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Services (“Usage Information”). This Usage Information may include the browser that you are using, the URL that referred you to our Services, all of the areas within our Services that you visit, and the time of day, among other information. In addition, we collect your Device Identifier for your Device. A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier.

In case of booking via call centre, Toto Book may record calls for quality and training purposes.

In addition, tracking information is collected as you navigate through our Services, including, but not limited to geographic areas. The driver’s mobile phone will send your GPS coordinates, during the ride, to our servers. Most GPS enabled mobile devices can define one’s location to within 50 feet.

Usage Information may be collected using a cookie. If you do not want information to be collected through the use of cookies, your browser allows you to deny or accept the use of cookies. Cookies can be disabled or controlled by setting a preference within your web browser or on your Device.

If you choose to disable cookies or flash cookies on your Device, some features of the Services may not function properly or may not be able to customize the delivery of information to you. The Company cannot control the use of cookies (or the resulting information) by third parties, and use of third party cookies is not covered by our Privacy Policy.

2.3 INFORMATION THIRD PARTIES PROVIDE ABOUT YOU

We may, from time to time, supplement the information we collect about you through our website or Mobile Application or Services with outside records from third parties.

2.4 INFORMATION COLLECTED BY MOBILE APPLICATIONS

Our Services are primarily provided through the Mobile Application. We may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to such Mobile Applications.

When you use any of our Mobile Applications, the Mobile Application may automatically collect and store some or all of the following information from your mobile device (“Mobile Device Information”), in addition to the Device Information, including without limitation:

▪ Your preferred language and country site (if applicable)

▪ The manufacturer and model of your mobile device

▪ Your mobile operating system

▪ The type of mobile internet browsers you are using

▪ Your geolocation

Information about how you interact with the Mobile Application and any of our web sites to which the Mobile Application links, such as how many times you use a specific part of the Mobile Application over a given time period, the amount of time you spend using the Mobile Application, how often you use the Mobile Application, actions you take in the Mobile Application and how you engage with the Mobile Application

Information to allow us to personalize the services and content available through the Mobile Application

Data from SMS/ text messages upon receiving Device permissions for the purposes of (i) issuing and receiving one time passwords and other device verification, and (ii) automatically filling verification details during financial transactions, either through us or a third-party service provider, in accordance with applicable law. We do not share or transfer SMS/ text message data to any third party other than as provided under this Privacy Policy.

3. USE OF INFORMATION COLLECTED

Our primary goal in collecting your information is to provide you with an enhanced experience when using the Services. We use your information to closely monitor which features of the Services are used most, to allow you to view your trip history, rate trips, and to determine which features we need to focus on improving, including usage patterns and geographic locations to determine where we should offer or focus services, features and/or resources.

Based upon the Protected Information you provide us when registering for an account, we will send you a welcoming email to verify your username and password.

We use the information collected from our Mobile Application so that we are able to serve you the correct app version depending on your device type, for troubleshooting and in some cases, marketing purposes.

We use your Internet Protocol (IP) address to help diagnose problems with our computer server, and to administer our web site(s). Your IP address is used to help identify you, but contains no personal information about you.

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our Services are temporarily suspended for maintenance, we might send you an email. If you do not wish to receive them, you have the option to deactivate your account.

We may use the information obtained from you to prevent, discover and investigate violations of this Privacy Policy or any applicable terms of service or terms of use for the Mobile Application, and to investigate fraud, chargeback or other matters.

We provide some of your Protected Information (such as your name, pick up address, contact number) to the driver who accepts your request for transportation so that the driver may contact and find you. The companies for which drivers work (that are providing the transportation service) are also able to access your Protected Information, including your geo-location data.

We also provide your information to the other users who shall be travelling with you in the vehicle assigned to you, should you choose any pooled vehicle feature of our Services.

We use that geo-location information for various purposes, including for you to be able to view the drivers in your area that are close to your location, for you to set your pick up location, for the drivers to identify the pick-up location, to send you promotions and offers, and to allow you (if you choose through any features we may provide) to share this information with other people.

In addition, we may use your Protected Information or Usage Information that we collect about you: (1) to provide you with information or services or process transactions that you have requested or agreed to receive including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties; (2) to enable you to participate in a variety of the Services’ features such as online or mobile entry sweepstakes, contests or other promotions; (3) to contact you with regard to your use of the Services and, in our discretion, changes to the Services and/or the Services’ policies; (4) for internal business purposes; (5) for inclusion in our data analytics; and (6) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy. We may share the information collected from you with TFS if you choose to avail of any transportation services offered by TFS on the Mobile Application.

We may use the information collected from you for targeted advertising. This involves using information collected on an individual's web or mobile browsing behaviour such as the pages they have visited or the searches they have made. This information is then used to select which advertisements should be displayed to a particular individual on websites other than our web site(s). The information collected is only linked to an anonymous cookie ID (alphanumeric number); it does not include any information that could be linked back to a particular person, such as their name, address or credit card number.

4. HOW AND WHEN DO WE DISCLOSE INFORMATION TO THIRD PARTIES

We do not sell, share, rent or trade the information we have collected about you, other than as disclosed within this Privacy Policy or at the time you provide your information. Following are the situations when information may be shared:

4.1 WHEN YOU AGREE TO RECEIVE INFORMATION FROM THIRD PARTIES.

You may be presented with an opportunity to receive information and/or marketing offers directly from third parties. If you do agree to have your Protected Information shared, your Protected Information will be disclosed to such third parties and all information you disclose will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to agreeing to receive such information from them. If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.

4.2 THIRD PARTIES PROVIDING SERVICES ON OUR BEHALF

We use third party companies and individuals to facilitate our Services, provide or perform certain aspects of the Services on our behalf – such as drivers and companies they work for to provide the Services, other third parties including TFS to host the Services, design and/or operate the Services’ features, track the Services’ analytics, process payments, engage in anti-fraud and security measures, provide customer support, provide geo-location information to our drivers, enable us to send you special offers, host our job application form, perform technical services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Services‘ features), or perform other administrative services. These third parties will have access to user information, including Protected Information to only carry out the services they are performing for you or for us. Each of these third parties including TFS are required to ensure the same level of data protection as us and are obligated not to disclose or use Protected Information for any other purpose. Analytics TPSPs may set and access their own cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including non-personally identifiable information. We use a third party hosting provider who hosts our support section of our website. Information collected within this section of our website by such third party is governed by our Privacy Policy.

4.3 CO-BRANDED SERVICES.

Certain aspects of the Services may be provided to you in association with third parties (“Co-Branded Services”) such as sponsors and charities, and may require you to disclose Protected Information to them. Such Co-Branded Services will identify the third party. If you elect to register for products and/or services through the Co-Branded Services, you shall have deemed to consent to providing your information to both us and the third party. Further, if you sign-in to a Co-Branded Service with a username and password obtained through our Services, your Protected Information may be disclosed to the identified third parties for that Co-Branded Service and will be subject to their posted privacy policies.

4.4 CONTESTS AND PROMOTIONS

We may offer Promotions through the Services that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, you agree that your Protected Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfilment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.

4.5 ADMINISTRATIVE AND LEGAL REASONS

We cooperate with Government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose your information (including Protected Information, IP address, Device Information or geo-location data), to Government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate: (i) to satisfy any applicable law, regulation, subpoenas, Governmental requests or legal process; (ii) to protect and/or defend the Terms and Conditions for online and mobile Services or other policies applicable to any online and mobile Services, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Company, our Services or any third party; (iv) to protect the safety of the public for any reason; (v) to detect, prevent or otherwise address fraud, security or technical issues; and /or (vi) to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity.

4.6 WHEN YOU SHARE INFORMATION

Protected Information may be collected and shared with third-parties if there is content from the Mobile Application that you specifically and knowingly upload to, share with or transmit to an email recipient, online community, website, or to the public, e.g. uploaded photos, posted reviews or comments, or information about you or your ride that you choose to share with others through features which may be provided on our Services. This uploaded, shared or transmitted content will also be subject to the privacy policy of the email, online community website, social media or other platform to which you upload, share or transmit the content.

4.7 BUSINESS TRANSFER

We may share your information, including your Protected Information and Usage Information with our parent, subsidiaries and affiliates for internal reasons, including business and operational purposes. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Services or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests and/or assets or other corporate change, including, during the course of any due diligence process.

4.8 MARKET STUDY AND OTHER BENEFITS

We may share your information, including your Protected Information and Usage Information with third parties for any purpose, including but not limited to undertaking market research/ study, conduct data analysis, determine and customize product or service offerings, to improve the products or Services or to make any other benefits/products/ services available to you.

4.9 WITH THE OWNER OF TOTO BOOK ACCOUNTS THAT YOU MAY USE

If you use an account or profile associated with another party we may share the details of the trip with the owner of the profile. This may occur:

A. If you use your employer’s profile under a corporate arrangement;

B. If you take trip arranged by a friend.

5. THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SERVICES

The Services may contain content that is supplied by a third party, and those third parties may collect website usage information and your Device Identifier when web pages from any online or mobile Services are served to your browser. In addition, when you are using the Services, you may be directed to other sites or applications that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third parties. For example, if you click on a banner advertisement, the click may take you away from one of our websites onto a different web site. These other web sites may send their own cookies to you, independently collect data or solicit Protected Information and may or may not have their own published privacy policies. We encourage you to note when you leave our Services and to read the privacy statements of all third party web sites or applications before submitting any Protected Information to third parties.

6. SOCIAL MEDIA FEATURES AND WIDGETS

Our online and mobile Services may include social media features, such as the Facebook Like button, and widgets such as a “Share This” button, or interactive mini-programs that run on our online and mobile Services. These features may collect your IP address, photograph, which page you are visiting on our online or mobile Services, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our online Services. Your interactions with these features and widgets are governed by the privacy policy of the company providing them.

7. INFORMATION COLLECTED BY DRIVERS

This Privacy Policy shall not cover the usage of any information about you which is obtained by the driver or the company to which the driver belongs, while providing you a ride on a cab booked using the Services, or otherwise, which is not provided by us.

8. CHANGE OF INFORMATION AND CANCELLATION OF ACCOUNT

8.1 You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your Protected Information changes, or if you no longer desire our Services, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through email address mentioned on our website or Mobile Application. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable.

8.2 You may also cancel or modify your communications that you have elected to receive from the Services by following the instructions contained within an e-mail or by logging into your user account and changing your communication preferences.

8.3 If upon modifying or changing the information earlier provided to Us, we find it difficult to permit access to our Services to you due to insufficiency/ inaccuracy of the information, we may, in our sole discretion terminate your access to the Services by providing you a written notice to this effect on your registered email id.

8.4 If you wish to cancel your account or request that we no longer use your information to provide you services, contact us through email address mentioned on the trip bill received. We will retain your Protected Information and Usage Information (including geo-location) for as long as your account with the Services is active and as needed to provide you services. Even after your account is terminated, we will retain your Protected Information and Usage Information (including geo-location, trip history, and transaction history) as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account, investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other business reason. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes.

9. SECURITY

The Protected Information and Usage Information we collect is securely stored within our databases, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) for protecting your information. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet or wireless communication, and any information you transmit to the Company you do at your own risk. We recommend that you not disclose your password to anyone.

10. GRIEVANCE OFFICER

Toto Book hereby appoints Toto Book Support Manager as the grievance officer for the purposes of the rules drafted under the Information Technology Act, 2000, who may be contacted at totobookmain@gmail.com. You may address any grievances you may have in respect of this privacy policy or usage of your Protected Information or other data to him.

11. CHANGES TO THE PRIVACY POLICY

From time to time, we may update this Privacy Policy to reflect changes to our information practices. Any changes will be effective immediately upon the posting of the revised Privacy Policy. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Terms & Conditions

Toto Book | Toto Book Private Limited | Toto Book

Updated effective from 17 July 2021

This Site/ Application/ Services is/are operated /provided by Toto Book Private Limited.

These terms and conditions (“User Terms”) apply to Your visit to and use, of the Site whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to You on or through the Site, the Service and the Application. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, You are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND TOTO BOOK IN RESPECT OF THE USE AND SERVICES OF THE SITE.

Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at https://onlinetotobook.blogspot.com/p/privacy-policy-toto-book.html  By accepting these User Terms, you also allow Toto Book to send you promotional emails and SMS alerts from time to time.

IT IS HEREBY EXPRESSLY CLARIFIED THAT THESE USER TERMS WILL NOT APPLY TO CORPORATE ENTITIES WHO ARE GOVERNED BY THE OLA CORPORATE TERMS OF USE. HOWEVER, ALL AUTHORIZED USERS TAKING ‘TOTO BOOK CORPORATE RIDES’ I.E., FOR CUSTOMERS WHO ARE AVAILING RIDES UNDER THE DIRECT ARRANGEMENTS BETWEEN CORPORATE ENTITIES AND OLA SHALL ALSO BE GOVERNED BY THESE USER TERMS.

1. DEFINITIONS

All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:

(i) “Account” shall mean the account created by the Customer on the Application for availing the Services provided by Toto Book.

(ii) “Additional Fee” shall mean any toll duty, inter-state taxes, etc. as may not be included in the Fare or not already paid as a part of the Total Ride Fee but payable to any third party / government authorities for undertaking the Ride under Applicable Law.

(iii) “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.

(iv) “Application” shall mean the mobile application “Toto Book” updated by Toto Book Privete Limited from time to time.

(v) “Convenience Fee”/” Access Fee” shall mean the fee payable by the Customer to Toto Book for the Service i.e., for availing the technology services offered by Toto Book, door to door service, wi-fi access, customer support and cashless payment options. Convenience Fee shall be chargeable on every booking made through the Site. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.

(vi) “Cancellation Fee” shall mean the Fare and Convenience Fee payable towards cancellation of a Ride by a Customer in terms of Clause 7 of these User Terms and the Cancellation Terms and Conditions available at https://onlinetotobook.blogspot.com/p/privacy-policy-toto-book.html  The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.

(vii) “City of Operation” shall mean a city in which the Customers can avail and render the transportation services respectively. For clarity, the services rendered and availed by the Customers shall be in the same city.

(viii) “Customer/ You” means a person who has an Account on the Application.

(ix) “Driver” shall mean and include such individuals as may be evaluated, appointed and trained by an operator associated with us to provide the transportation services on its behalf and persons who are registered with Toto and own the Vehicles and who have necessary city taxi permits and other applicable transport vehicle permits and licenses to provide transportation services within the City of Operation.

(x) “E-Wallet” shall mean a pre-paid instrument, which can be used to make payments.

(xi) “Fare” shall mean such amount in Indian Rupees, which is reflected on the Application, as the fare payable for the specific Ride performed by a Driver. The Fare shall be exclusive of all applicable taxes on the Fare, if any. In relation to Toto Book (a toto cab), the Fare shall be as prescribed by law and/or as stipulated by relevant authorities.

(xii) “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Toto Book.

(xiii) “Toto Book” or “us” or “we” or “our” shall mean Toto Book Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its corporate office at W/N 12, Near Hemtabad Police Station, Uttar Dinajpur, West Bengal, India, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.

(xiv) “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Toto Book from the Customer from time to time for registration on the Application.

(xv) “Ride” shall mean the travel in the Vehicle by the Customer facilitated through the Site.

(xvi) “Service(s)” means the facilitation of transportation service by Toto Book through the Application or via a telephone request at the call centre of Toto Book, or booking on the Site, within the City of Operation, as elaborated in Clause 4.

(xvii) “Site” shall mean the Application and the website https://totobook-67658.web.app/ operated by Toto Book or any other software that enables the use of the Application or such other URL as may be specifically provided by Toto Book.

(xviii) “Substitute Vehicle” shall mean another vehicle arranged for transporting the Customers to his/her destination, in the event of a Vehicle breakdown.

(xix) “Total Ride Fee” shall mean and include the Fare, the Convenience Fee or Access Fee, the Cancellation Fee and Additional Fee and taxes as may be applicable from time to time.

(xx) “T&Cs” and “User Terms” shall mean these Customer terms and conditions.

(xxi) “TPSP” shall mean a Driver and/or an operator associated with us offering the service of transporting Customers within the City of Operation as requested by the Customer on the Application.

(xxii) “Vehicle” shall mean a motor cab as defined under the Motor Vehicles Act,1988.

2. ELIGIBILITY

You will be “Eligible” to use the Services only when You fulfil all of the following conditions: (i) You have attained at least 18 (eighteen) years of age. (ii) You are competent to enter into a contract under the Applicable Laws.

If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.

3. REGISTRATION AND ACCOUNT

3.1 You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.

3.2 You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.

3.3 You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.

3.4 We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.

3.5 Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), Toto Book does not want You to, and You should not, send any confidential or proprietary information to Toto Book on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to Ola other than the Permitted Information will not be considered confidential or proprietary.

3.6 It is Your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.

3.7 We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at totobookmain@gmail.com.

3.8 In case, You are unable to access Your Account, please inform Us at totobookmain@gmail.com and make a written request for blocking Your Account. We will not be liable for any unauthorised transactions made through Your Account prior to the expiry of 72 (seventy-two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.

4. SERVICES

4.1. The Site permits you to avail the transportation services offered by TPSPs. The Service allows You to send a request through Toto Book to a Driver on the Toto Book network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, Toto Book notifies You and provides information regarding the Driver - including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as Toto Book may determine.

4.2. Toto Book shall procure reasonable efforts to bring You into contact with a Driver, subject to the availability of Driver in or around Your location at the moment of Your request for such services.

4.3. By using the Application or the Service, You further agree that: (i) You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party; (ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization; (iii) You will not use the Service or Site for unlawful purposes; (iv) You will not try to harm the Service, Site or our network in any way whatsoever; (v) You will provide Ola with such information and documents which Toto Book may reasonably request; (vi) You will only use an authorized network to avail the Service; (vii) You are aware that when requesting Services, whether by message, via Site or calling the call center of Toto Book, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply; (viii) You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service; and (ix) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

4.4. Toto Book reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, Toto Book will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform Toto Book on any change in the information provided by You.

4.5. Toto Book or an authorised representative of Toto Book, shall provide information regarding services, discounts and promotions provided by Toto Book to You by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time visit the specific link provided in the Site to discontinue the same.

4.6. TOTO BOOK  WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE INDIA OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM TOTO’S OBLIGATIONS UNDER THESE CUSTOMER T&C.

4.7. You agree to grant Toto Book a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT TOTO BOOK TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.

4.8. You agree and permit Toto Book  to share any information provided by You with third parties in order to facilitate provision of certain value-added services offered by such third parties to You and/or to provide certain value-added services to You by Toto Book. You hereby expressly consent to receive communications from Toto Book/ third parties offering value-added services to You through Your registered phone number and/or e-mail id and/or the Site. You agree that You will not hold Ola responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.

4.9. Toto Book will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, You will be provided with the services by Toto Book jointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.

4.10. In the event Toto Book provides You any device as a part of the Services including but not limited to TOTO BOOK Tap (“TOTO BOOK Device”), You shall comply with the following. ‘TOTO BOOK Tap’ means a connected car platform using multiple devices in-car and cloud technology platform owned and operated by Toto Book, which endeavours to provide an interactive experience to You – (i) You shall not tamper, pilfer or misuse the Toto Book Device(s) or allow, induce or assist a third party to indulge in such activity. (ii) You shall not transcribe, distribute, download, store, duplicate and reproduce the content forming part of the TOTO BOOK Device(s) (“Content”), in whole or in part, through any medium including, but not limited to, tape, disc, hard disk, computer system, or other electronic recording or transmission device. (iii) You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party, in any way, the TOTO BOOK Device(s) and/or any Content; (ii) modify or make derivative works from the Content; (iii) create Internet “links” to the Content or “frame” or “mirror” any Content on any other server or wireless or internet-based device; (iv) reverse engineer or access the OLA Device(s) and/or Content 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 TOTO BOOK Device(s) and/or Content, or (c) copy any ideas, features, functions or graphics of the TOTO BOOK Device(s) and/or Content, 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 TOTO BOOK Device and/or Content (iv) You shall not use the TOTO BOOK Device(s) for any illegal or unlawful purposes including but not limited to playing / watching pornographic content on the TOTO BOOK Device and shall use the TOTO BOOK Device(s) solely for purposes determined by Toto Book and strictly in accordance with these User Terms. You shall solely be responsible and liable for any violations of law committed by You and misuse of the TOTO BOOK Device(s), if any, with the TOTO BOOK Device(s). (v) You shall ensure that the TOTO BOOK Device(s) is maintained in Your possession in a proper manner. Toto Book may, at its sole discretion, charge such amounts from You as may be determined by Toto Book for use of the TOTO BOOK Device(s) by You. (vi) In the event the TOTO BOOK Device(s) is not functioning properly or if there is any technical or safety issue in relation to the TOTO BOOK Device(s), You shall immediately inform the Driver about any such issue. (vii) You shall use the TOTO BOOK  Device(s) with due care and caution and not do anything or permit anything to be done that may cause damage to the TOTO BOOK  Device(s). If the TOTO BOOK Device(s) is damaged and is not repairable due to any act of You, You shall pay amounts to Toto Book, as may be determined by Toto Book. If You fail or are unable to pay the amounts determined by Toto Book, Toto Book shall be entitled to suspend / terminate Your Account with Toto Book without prejudice to Toto Book’s rights under these User Terms and under Applicable Laws.

4.11. In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, Toto Book on a best effort basis and at its sole discretion may arrange for a Substitute Vehicle for completion of Your Ride to Your destination. However, the arrangement of Substitute Vehicle shall be subject to its availability.

4.12. You acknowledge and agree that Substitute Vehicle may not be necessarily of the same type as the original Vehicle booked by You from the Site.

4.13. Toto Book bears no responsibility and liability for delays and losses suffered by You or caused to You as a consequence of the breakdown of the Vehicle or the Substitute Vehicle.

5. CONFIRMATION OF BOOKING

5.1. Toto Book shall, upon receiving the booking request from You in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to You vide an SMS or email or Push Notification. In the event the booking is confirmed, You shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call centre.

5.2. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform Toto Book of the incorrect details immediately.

5.3. Certain selective customers will be eligible to avail the Service under a ‘Guest Booking’ feature, provided by Toto Book. Such customers will also be bound by the terms and conditions set out herein.

6. PAYMENT

6.1. Toto Book shall charge Convenience Fee or Access Fee for the Service which shall be determined and amended at the sole and absolute discretion of Toto Book. The Convenience Fee or Access Fee shall be payable by you to Toto Book and shall be informed to you before you begin your ride.

6.2. In relation to Toto Book Autos plying within the City of Operation the Convenience Fee or Access Fee shall not exceed an amount of Rs 75 at any time.

6.3. TPSP shall charge Fare to You for the Ride offered to You by the TPSP.

6.4. You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.

6.5. You shall be required to pay such Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee. 6.6. In addition to the Total Ride Fee, You may be required to pay such other charges incurred by you during the Ride in cash i.e. Additional Fee, which are not included in the receipt of the Total Ride Fee.

6.6. In addition to the Total Ride Fee, You may be required to pay such other charges incurred by you during the Ride in cash i.e. Additional Fee, which are not included in the receipt of the Total Ride Fee.

6.7. The Total Ride Fee will be collected by the Driver or Toto Book from You at the end of the Ride, as set out in Clause 6.

6.8. Toto Book shall provide a receipt of the Total Ride Fee payable by You at the end of the Ride, however, separate invoices raised by the TPSPs for the Fare and Additional Fee, and the Convenience Fee or Access Fee raised by Toto Book shall be provided to You on request. You may raise a request for a copy of the invoices from our Support page.

6.9. All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, Cancellation Fee shall be borne and payable by You to the TPSPs or Toto Book, as the case may be.

6.10. You shall choose to pay for the Service Fee by either of the following four methods: (i) Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver. (ii) E-Wallet payment: Toto Book offers You the facility of making an online payment through an E-Wallet powered by a third party payment processor (“Payment Processor”). E-Wallet money will not be applicable on bookings made through the phone or while the user is not logged into his/her Account on the Site. The processing of payments, in connection with Your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that Toto Book engages for the purpose. Toto Book will not be responsible for any errors by the Payment Processor in any manner. Further, even in cases of E- Wallet payments, all Additional Fee (defined below) shall have to be paid by You in cash, to the authority or person concerned or if already paid by the Driver, to the Driver. When You choose to make an E-Wallet payment, Toto Book shall collect the Fare on behalf of the TPSP who will be responsible for providing the transportation services. (iii) Toto Book Credit Payment: Payment for the Total Ride Fee can be made to Toto Book on credit subject to the terms provided at   https:// onlinetotobook.blogspot.com/p/privacy-policy-toto-book.html  Further, even in cases of Toto Book Credit payments, all Additional Fee shall have to be paid by You in cash, to the authority or person concerned or if already paid by the Driver, to the Driver. When You choose to make an Toto Book Credit payment, Toto Book shall collect the Fare on behalf of the TPSP who will be responsible for providing the transportation services. (iv) Credit Card/ Debit Card/ Net Banking Payment: Total Ride Fee shall be effected using the services of an entity providing payment gateway/processor services (“PG”), authorized by Toto Book. Such PG may either be Toto Book or any of its affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the PG for the successful completion of payment towards Total Ride Fee to Toto Book and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposes of the Site and/or Application and/or Services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with Your payment details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by You at any of Toto Book’s affiliates. Your authorization will remain in effect as long as You maintain an Account with Us. In the event You delete Your Card Details with the PG or if You delete Your Account, the PG will not process any further transactions initiated by You at the Site or Application and at the sites of any of Toto Book’s affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.

6.11. Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between You and the Payment Processor. Toto Book shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Site.

7. CANCELLATION POLICY

7.1. You agree and acknowledge that You may cancel Your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as explained below: In Economy/Exclusive categories, Cancellation Fee will be charged

• If you cancel after 5 minutes after the cab is allotted or

• If a driver cancels after waiting at Your location for more than 10 minutes

• Notwithstanding the foregoing, if the Driver is delayed by more than five (5) minutes to pick You, You will not be charged any Cancellation Fee.

7.2. You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a booking/service request. The notification shall be on the Application and/or the Site.

7.3. Toto Book shall provide a receipt of the Cancellation Fee, if any, payable by You for every cancellation in terms of the table above for such cancellations, however, separate invoices raised by the TPSPs for the Cancellation Fee, and Toto Book for the Convenience Fee on cancellations shall be provided to You on request. You may raise a request for a copy of the invoices from the Support page.

7.4. The Cancellation Fee shall be payable by You at the completion of Your subsequent Ride.

7.5. The mode of payment of the Cancellation Fee shall be in terms of Clause 7 of these User Terms.

7.6. This Clause 7 shall not apply to corporate rides availed pursuant to the terms and conditions.

8. USER VIOLATION OF USER TERMS

8.1. You shall not smoke and drink in the Vehicles or misbehave with the Driver or distract the Driver or act in violation of Applicable Law. In the event You are found to be involved in the activities set out above, You shall be liable to pay a fine to us and we shall also have the right to terminate the Ride. In the event You fail to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by Toto Book.

9. CUSTOMER RELATIONSHIP MANAGEMENT

9.1. All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address mentioned in Clause 22.2. In case of a Ride booked on our Application, You shall be required to rate the Ride after its termination. You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the Rides or Services.

9.2. Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.

9.3. Any issue reported on channels other than the above may be addressed by Toto Book only on a best-effort basis. Toto Book takes no liability for inability to get back on other channels.

9.4. Toto Book shall endeavour to respond to Your issues within 2 (two) working days of Your reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, Toto Book shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.

10. EMERGENCY SERVICES TO CUSTOMER

10.1 By accepting these User Terms and on pressing the SOS button on the Toto Book App, You consent to Toto Book using its best endeavours to provide You with assistance during a safety incident, emergencies or distress, as per Book’s internal policies on emergency response. Toto Book may undertake remedial action(s), including, but not limited to the following:

10.1.1 When you press the SOS button and report a safety incident, the Toto Book representative may escalate the incident internally or liaise with any third party security service providers to assist You and/or deploy response teams to Your location.

10.1.2 Toto Book may inform any government authorities, such as the concerned police station, about the incident and seek their assistance; Toto Book may also provide such authority(ies) with your personal information including but not limited to your exact GPS location, your registered email ID and mobile number to enable them to take appropriate steps to assist You.

10.1.3 Toto Book may engage third party security providers to assist You and Toto Book in addressing the incident. For this purpose, Toto Book may share your personal information, including but not limited to, your exact GPS location, your registered email ID and mobile number with third parties such as a security services provider, to enable them to take appropriate steps to assist You and solely to resolve the incident.

10.1.4 Further to the above, You may receive telephone calls from an Toto Book representative and/or the relevant response team at the time of pressing the SOS button and in the duration that the incident is being resolved, and the same shall not be construed as breach of TRAI guidelines, in as much as these would be made for Your security and safety purposes.

10.2 Under this clause, You give Your express consent to permit Toto Book to undertake the above along with any ancillary actions that may be required to facilitate an effective emergency response.

10.3 Toto Book will not be liable for any deficiency of service, provided to You under this clause on a best efforts basis, and this clause does not, in any manner, restrain You from seeking any other form of assistance from any other party.

11. FORCE MAJEURE

11.1 We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.

12. INDEMNIFICATION

12.1 By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold Toto Book, 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 information, recommendations and/or Services provided to You on or through the Site, the Application and Toto Book call center are for general information purposes only and does not constitute advice. Toto Book will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.

13.2. Toto Book shall not be liable for You missing trains/flights/events or delays etc. as the Service is dependent on many factors not in Toto Book’s control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays.

13.3. In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, Toto Book shall only endeavour to get You in touch with the Driver assigned for Your Ride.

13.4. Toto Book shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.

13.5. You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, Toto Book will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same. If You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform Toto Book of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of Toto Book. In the event it is found, You shall be informed about the Toto Book office from where You can collect it after 3 (three) working days from the date You were informed. Toto Book however shall not be responsible for delivering the same back to You. If requested, Toto Book may deliver the misplaced item/s back to You after 3 (three) working days from the date You were informed, subject to the place of delivery being twenty (10) kms from the Toto Book office. Toto Book shall charge You a flat fee of Rs 500 for such delivery.

13.6. Toto Book does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.

13.7. Toto Book shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Toto Book. Toto Book  will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.

13.8. IN NO EVENT SHALL TOTO BOOK 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 TOTO BOOK 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 TOTO BOOK’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HERE UNDER, 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 Toto Book shall be the minimum permitted under Applicable Law.

14. APPLICATION LICENSE

14.1. Subject to Your compliance with these User Terms, Toto Book grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.

14.2. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site 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 Site 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. Toto Book will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Toto Book may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Toto Book 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. Toto Book reserves the right, at any time and without prior notice, to remove or disable access to any content that Toto Book, 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. Toto Book may accept 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. Toto Book 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, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence 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. Toto Book 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 Toto Book. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.

16.3. You may use information on the Site purposely made available by Toto Book 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 Toto Book, You may establish a hypertext link to the Site, 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 Toto Book trademarks or service marks or any Content belonging to Toto Book 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 Toto Book and You is perpetual in nature upon downloading the Application and for each Ride booked through the Site.

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 Site. You can close Your Account at any time by following the instructions on the Site.

18.3. Toto Book is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: (a) violate or breach any term of these User Terms, or (b) in the opinion of Toto Book, misuse the Application or the Service. Toto Book is not obliged to give notice of the termination of the agreement in advance. After termination Toto Book will give notice thereof in accordance with these User Terms.

18.4. Termination of this agreement will not prejudice accrued rights of either Toto Book or You.

18.5. Clauses 11 (Indemnification), 12 (Liability), 13 (Application License), 14 (Contents posted on Site/ 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 Toto Book, 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 Toto Book is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. Toto Book does not endorse, advertise, advise or recommend You to avail the Services of any Driver. Toto Book also does not guarantee or provide assurance in respect of the behaviour, 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. Toto Book 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 the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from Toto Book or any other person's negligence or otherwise).

21.4. This Site, 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 Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that Toto Book shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.

21.5. All images, audio, video and text in the Site and/or 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. Toto Book is not engaged in the insurance business and does not provide any insurance services. Toto Book has facilitated provision of insurance services for the benefit of Customers, under group travel insurance policies availed from insurance companies, whereby Toto Book is acting as the group manager of the policy. Toto Book does not guarantee or make any promise in relation to the insurance policy/ insurance company, including but not limited to any benefits from use of the insurance services provided by the insurance companies, such as coverage, claims and settlements. Any claim or servicing of insurance policies, raised through the Application, remains a matter between the Customer and the insurance company, and Toto Book shall not be responsible for the actions of the insurance company or the Customer. It is to be noted that the insurance policy number, claim certificate, invoice for the insurance premium/ fee collected from the Customer is not be issued by Toto Book, but will be issued by the respective insurance company. Any issues in receiving tax invoices or issues faced in claiming the insurance are not the responsibility of Toto Book. Toto Book disclaims all and all liability in relation to the services of the insurance company. Please reach out to the insurance company in case of any questions/ issues.

22. MODIFICATION OF THE SERVICE AND USER TERMS

22.1. Toto Book 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. Toto Book 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 Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when Toto Book 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. Toto Book 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 Site and 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. Toto Book may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in Toto Book’s account information.

23.2. You may contact Toto Book by electronic mail at Our email address totobookmain@gmail.com or by written communication sent by regular mail to Our address at, Near Hemtabad Police Station, Uttar Dinajpur, West Bengal, India -733134.

24. ASSIGNMENT

24.1. You shall not assign Your rights under these User Terms without prior written approval of Toto Book. Toto Book 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 Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Toto Book as Toto Book 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 Toto Book and You. The place of the arbitration shall be Uttar Dinajpur, West Bengall, unless otherwise mutually agreed by Toto Book and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Uttar Dinajpur, West Bengal.

Thank You