CabChalak

Terms of Service / Terms & Conditions

CabChalak unit (SHARMA TOUR & TRAVEL)
Last Updated: 14-Dec-2025

These Terms of Service ("Terms") govern your access to and use of the CabChalak platform, products, and services (collectively, the "Platform"). By accessing, registering on, or using the Platform in any manner, you ("User", "you") agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

1. LEGAL ENTITY & CONTACT

1.1. The Platform is owned and operated by Sharma Tour and Travel, a proprietorship, under the brand name CabChalak ("Company", "we", "us", "our").

1.2. For any legal, compliance, or support queries, you may contact us at:

  • Email: support@cabchalak.in
  • Registered Address: Building No./Flat No.: C-531, LAXMI GARDEN, Loni, Ghaziabad, Uttar Pradesh – 201102

2. DEFINITIONS

For purposes of these Terms:

  • Platform: CabChalak's website, mobile application(s), dashboards, APIs, communication tools, and any related services.
  • Agent: Any individual or entity that sources, posts, manages, or allocates cab bookings via the Platform.
  • Driver: Any individual or vehicle owner who accepts and executes bookings posted by Agents via the Platform.
  • Travel Company / Aggregator: Any business using the Platform, acting in the capacity of an Agent and/or Driver.
  • User: Collectively refers to Agents, Drivers, Travel Companies, and any person or entity registered on or using the Platform.
  • Commission: The consideration/fee (typically 5-15% of booking value) payable by a Driver to an Agent for a confirmed booking.
  • Customer: The end customer / rider availing transportation service (does not interact with CabChalak).
  • Payment Gateway: Razorpay – for processing commission payments between Drivers and Agents.

3. ELIGIBILITY & ACCOUNT REGISTRATION

3.1. By using the Platform, you confirm that you are at least 18 years old and legally capable of entering into binding contracts.

3.2. You agree to provide accurate, complete, and up-to-date information during registration and KYC, and maintain confidentiality of your login credentials.

3.3. We reserve the right to verify information, request additional documents, and suspend/terminate accounts for false, misleading, or incomplete information.

4. NATURE OF SERVICES & ROLE OF CABCHALAK

4.1. The Platform is a technology marketplace that enables Agents to post bookings, Drivers to accept them, and facilitates digital commission payments.

4.2. CabChalak is NOT:

  • A cab operator, transport service provider, or travel agency
  • The owner, employer, partner, or representative of any Driver or Agent
  • A party to any contract for transportation between Users or Users and Customers

4.3. All transportation services are independently provided by Drivers/Agents. Users are solely responsible for service quality, vehicle fitness, permits, licenses, insurance, and compliance with motor vehicle laws.

4.4. No Merchant of Record - CabChalak is not the Merchant of Record for any trip fare. All fare payments are made directly between Customers and Users outside the Platform. CabChalak does not collect, control, or settle trip fare.

5. BOOKING, COMMISSION & PAYMENT FLOWS

5.1. Booking Workflow:

  1. Agent posts a booking on the Platform
  2. Driver chooses to accept the booking
  3. Driver pays the Commission (5-15%) to the Agent through Razorpay

5.2. Trip Fare / Customer Payment – Outside the Platform

The full trip fare is decided directly between Customer and Driver/Agent and is NOT collected or managed by CabChalak. The Driver may receive fare directly from Customer or via Agent in cash, bank transfer, UPI, or any mutually agreed mode outside the Platform.

5.3. Commission Payment Facilitation

CabChalak only facilitates Commission payments from Drivers to Agents through Razorpay, deducting 2-5% Platform Fee. On successful completion of a booking, amounts are automatically transferred to Agent minus Platform Fee.

5.4. Disputes / Holds: In case of fraud or suspicious activity, CabChalak may hold the Commission amount for review and take equitable decisions limited to Commission only.

6. MARKETPLACE & COMMISSION PAYMENT FACILITATION POLICY

6.1. We facilitate commission payments from Drivers to Agents and deduct our service/facilitation charges (2-5%).

6.2. We issue GST-compliant invoices only for our Platform Fees and pay applicable GST on our earnings.

6.3. We do not manage or control payments by Customers to Drivers/Agents or any portion of trip fare.

6.4. Our responsibility is strictly limited to routing commission payments, providing transaction records, and managing refunds relating solely to commission.

7. TAXATION & GST RESPONSIBILITIES

7.1. CabChalak: Raises GST invoices on platform/service fees only and discharges applicable GST on such fees.

7.2. Drivers, Agents, Travel Companies: Act as independent businesses and are solely responsible for assessing GST liability, obtaining GST registration where required, and charging/collecting applicable taxes.

7.3. CabChalak shall not be liable for any non-compliance or tax evasion by Users.

7.4. Indemnity: You agree to indemnify CabChalak from any claims or penalties arising from your tax non-compliance or incorrect GST treatment.

8. NO ESCROW, NO FIDUCIARY CAPACITY

8.1. Funds processed via the Platform are not held as trustee or statutory escrow unless required by law.

8.2. CabChalak is not a bank, NBFC, or regulated financial intermediary.

8.3. We are not responsible for delays, failures, chargebacks, freezes, or technical issues of banks/payment gateways.

9. USER OBLIGATIONS

By using the Platform, you agree to:

  • Provide accurate and valid KYC, bank, GST, and other details as required
  • Use the Platform only for lawful purposes and genuine bookings
  • Not misrepresent CabChalak as your employer or a party to your contracts
  • Comply with all applicable transport, labor, tax, and local laws
  • Not engage in fraud, fake bookings, manipulation, chargeback abuse, or tax evasion

10. INTELLECTUAL PROPERTY

10.1. All rights, title, and interest in the Platform belong to CabChalak or its licensors.

10.2. You are granted a limited, non-exclusive license to use the Platform for legitimate purposes only.

10.3. You shall not copy, modify, reverse-engineer, or use any branding without our prior written consent.

11. PRIVACY

11.1. Your use of the Platform is governed by our Privacy Policy, which explains how we collect and protect your data.

11.2. By using the Platform, you consent to our data practices as described in the Privacy Policy.

12. DISCLAIMER OF WARRANTIES

12.1. The Platform is provided on an "as is" and "as available" basis, without warranties of any kind.

12.2. We do not warrant that the Platform will be uninterrupted, timely, secure, or error-free.

12.3. Users are solely responsible for verifying counterparties, bookings, vehicles, licenses, and service quality.

13. LIMITATION OF LIABILITY

13.1. CabChalak shall not be liable for loss of profit, revenue, goodwill, or any indirect, consequential damages.

13.2. We are not liable for any loss or dispute relating to trip fare, cancellations, delays, or conduct of Users/Customers.

13.3. Our aggregate liability is limited to the total service fees actually received from you in the three (3) months preceding the claim.

14. TERMINATION & SUSPENSION

14.1. We may suspend or terminate your access without notice in cases of breach, fraud, suspicious activity, or legal/regulatory requirements.

14.2. Any obligations incurred prior to termination (including payments and taxes) shall survive.

15. GOVERNING LAW & DISPUTE RESOLUTION

15.1. These Terms shall be governed by and construed in accordance with the laws of India.

15.2. The courts of Ghaziabad, Uttar Pradesh, India shall have exclusive jurisdiction over all disputes.

15.3. We may recommend amicable resolution/mediation for disputes between Users, but are not obligated to act as arbitrator.

16. AMENDMENTS

16.1. We may update these Terms at any time.

16.2. Your continued use of the Platform after changes will constitute acceptance of the updated Terms.

17. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other linked policies, constitute the entire agreement and supersede all prior understandings.

18. APP STORE COMPLIANCE (GOOGLE PLAY)

18.1. When accessing the Platform from Google Play Store, Store Terms of Service apply in addition to these Terms.

18.2. Google LLC is not responsible for the operation, performance, or availability of the Platform.

18.3. Users are responsible for ensuring their device meets minimum compatibility requirements.

18.4. You agree not to modify, reverse-engineer, or circumvent app store policies or distribution systems.

18.5. Refunds for app store transactions must be requested directly from the respective store.

19. REFUND POLICY

  • 19.1. Commission Refunds: Full refund if cancelled before pickup; 50% if after pickup but before trip completion
  • 19.2. No refunds for completed trips or trip fare disputes
  • 19.3. Processing time: 5-7 business days via Razorpay

20. FORCE MAJEURE

CabChalak shall not be liable for delays, failures, or interruptions caused by acts of God, government actions, network failures, payment gateway issues, or other events beyond our reasonable control.

21. ACCEPTANCE

By clicking "I Agree", "Accept & Continue", "Sign Up", or by using the Platform, you confirm that you have read, understood, and agree to these Terms & Conditions. You acknowledge that CabChalak acts only as a technology platform and commission payment facilitator, and you accept full responsibility for your own legal, financial, and tax compliance.

For updates or clarifications, contact: support@cabchalak.in