Terms and Conditions

 

Please read these user terms and conditions carefully before downloading our application/or using our services.

Your contracting partner is Link Lanka Electronics (Pvt) Ltd a limited liability company having its registered office in NO.38 Kirulapone Avenue Colombo 5 Sri Lanka.

Your access to and use of YOGO Taxi is subject exclusively to these Terms and Conditions. These Terms and Conditions presents the "General Conditions" applicable to the use of services offered by YOGO Taxi, either through the yogo.lk or our Taxi, application software for mobile phone (app) (in addition to the "Website").  You will not use the application software for mobile phone handset (app) or Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website, you are fully accepting the terms, conditions, and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the YOGO taxi application (YOGO app) software for mobile phones or Website or any other services that relates to YOGO taxi services or any other services that belongs to Link Lanka Electronics (Pvt) Ltd. These Terms expressly supersede prior agreements or arrangements with you.

Supplemental terms may apply to certain Services offered by YOGO, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

 

Advice

Our website http://yogo.lk does not constitute any kind of advice to you and should not be relied on making or refraining in making any decisions.

Change of our website content/terms and conditions

Link Lanka Electronics (pvt) ltd reserves the right to change / remove /or modify the contents of the website http://yogo.lk and YOGO is not liable to you any such changes or removal of previous contents. YOGO also reserves the right to change /modify /add any contents to the TERMS AND CONDITIONS and your continued use of our website / taxi booking App. Or the Hotline services/ following any changes shall be deemed to be your acceptance of the changes made.

 

 

License

Subject to your compliance with these Terms, YOGO Taxi grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by YOGO Taxi and YOGO Taxi’s licensors.

 

By using the Mobile Application of the YOGO Taxi or phone (in addition to the "Website"), you further agree that:

You will download the Mobile Application of the YOGO Taxi for your sole, personal use and will not resell it to a third party;

You will not authorize others to use your account;

You will not assign or otherwise transfer your account to any other person or legal entity;

You will not use an account that is subject to any rights of a person other than you without appropriate authorization;

You will not use the Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

You will not use the Application to cause nuisance, annoyance or inconvenience;

You will not impair the proper operation of the network;

You will not try to harm Application in any way whatsoever;

You will not copy, or distribute the Application or other Company Content without written permission from Company;

You will keep your account password or any identification we provide you which allows access to the Application securely and confidentially.

You will provide us with whatever proof of identity we may reasonably request;

You will not use the Application with an incompatible or unauthorized device;

You will comply with all applicable laws of the country or state you live at present while using the YOGO Application.

YOGO reserves the right to immediately terminate use of the Application should you not comply with the any of the above rules.

 

The fare range displayed in the 'Fare Estimation' provided in the Mobile Application of the YOGO Taxi or Website is an estimate. The actual fare payable will be displayed in the billing device in the Vehicle or communicate to the Customer via e-mail or SMS. The Company takes no responsibility for the accuracy of the estimates and any variation between the estimate and the actual fare.

Above estimates are exclusive of all highway charges, parking charge & discounts etc. Toll and other charges are payable separately at actual fare calculation.

 

Links to Third Party Websites

YOGO Taxi Mobile Application of the YOGO Taxi or Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement by YOGO of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content.

 

Copyright

All copyright, trademarks and all other intellectual property rights in the Mobile Application of the YOGO Taxi and Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to http://yogo.lk or otherwise used by YOGO Taxi as permitted by law. In accessing the Mobile Application of the YOGO Taxi and Website you agree that you will access the content solely for your personal, non-commercial use.

 

Disclaimers and Limitation of Liability

The Mobile Application of YOGO Taxi and Website is provided on AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.

In addition, YOGO Taxi makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free.

To the extent permitted by law, YOGO Taxi will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website, even if YOGO Taxi had been advised of the possibility of such damages.

YOGO Taxi does not guarantee the quality, suitability, safety or ability of third-party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

YOGO Taxi makes no warranty that the functionality of the Mobile Application of the YOGO Taxi or Website will be uninterrupted or error-free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

YOGO Taxi’s services may be used by you to request and schedule passenger and goods transportation or logistics services with third-party taxi service providers, but you agree that YOGO Taxi has no responsibility or liability to you related to any transportation, theft, damage ,injury to passengers or damage to property, goods or logistics services provided to you by third-party service providers other than as expressly set forth in these terms.

You warrant that the information you provide to the YOGO Taxi is accurate and complete. The YOGO Taxi is entitled to at all time verify the information that you have provided. You may only access the Service using the authorized means. It is your responsibility to check to ensure you download the correct mobile application for your device or visit the correct portal or dial-in the accurate call center number.

 YOGO Taxi shall not be liable if you do not download the correct mobile application or visit the appropriate web portal or dial-in the correct call center number. The YOGO Taxi reserves the right to discontinue or introduce any of the modes of booking Vehicles.

You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;

You will comply with all applicable laws;

You will treat the third-party providers introduced to you through us with respect and not to cause damage to their Vehicle or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst using their Vehicle or the Service;

 

You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.

 

Driver and Passenger

 

YOGO Taxi nature of the business to act as an intermediary commission agent outsourcing the Taxi/Cabs and registering and training drivers in order to optimize the scheduling service for the taxi. Thus, by accepting the provision of services by the taxi driver, the passenger acknowledges that the YOGO Taxi has no direct association with the Taxi driver, YOGO just facilitates contact between driver and passenger introducing the Mobile App for the Driver and Passenger to create a link to get in touch with each other. The user acknowledges and agrees that YOGO Taxi is not liable for any act or omissions committed by any user, whether by robbery commitment break as a result of any act, discussions, and others including the effective fulfillment of the obligations assumed by the users and loss not being for tax purposes. The user acknowledges and agrees that, by registering and accepting the policy of the service, do so at his total means and exclusive risk. YOGO Taxi recommends that every transaction is done with good sense.

 

You acknowledge that YOGO Taxi does not provide transportation or logistics services or function as a transportation carrier and that all such transportation or logistics services are provided by independent third-party contractors who are not employed by YOGO Taxi or any of its affiliates.

 

Availability and Inconsistency

a) YOGO Taxi does not guarantee that the system will be available without any interruption and that it will always be error-free, and therefore, shall not be liable for damages caused to users.

b) You agree that YOGO Taxi is also not responsible for any damages or losses caused to your computer as a result of using the YOGO Website.

c) YOGO Taxi is not liable for any error or inconsistency of information with other independent systems, such as GPS, /GPRS etc.

 

Compensation for Damages:

 

User agrees to indemnify and hold harmless the YOGO Taxi and its affiliates, its licensors, each of their officers, directors, other users, employees, attorneys’, and agents, representatives from any claims, suits, losses, liabilities, damages, and expenses, including reasonable attorneys' fees and court costs for the damage they cause.

User agrees to indemnify and hold harmless the YOGO Taxi and its representatives from any Accidental Claims or suits thought that occurs due to Driver’s negligence or by the fault of the Driver. Therefore, Users agrees to indemnify YOGO Taxi and its representatives from any type of vicarious liability.

c) Users accept that YOGO Taxi acts solely as a scheduling service between its users (Passengers) and taxi drivers and that it is not responsible for any issues that arise during the taxi ride, such as accidents, delays, or any discomforts.

 

OBLIGATIONS, LIABILITIES, OF PASSENGERS.

a) The PASSENGER certifies that he or she uses the YOGO service at their own free will and   choice and recognizes and accepts the responsibility and risk of using the Website.

The acceptance and refusal and cancellation of services:

b) The acceptance and denial of the service may occur at first by DRIVER, who can accept or deny the service when receiving a notification for a ride. PASSENGER may cancel the contract for any reason. Both recognize that YOGO Taxi is not liable for any delays, cancellations, failure to cancel the contract and miscommunication between passenger and driver, nor for any delay or failure in the delivery of services from the DRIVER.

 

The information and risks of the service

a) The PASSENGER acknowledges and declares that understands and is aware of all the risks involved in the use of the Website and contracting services, pledging to reasonably take care as expected of someone who chooses a taxi to transport him or herself.

b) The PASSENGER acknowledges and agrees that YOGO Taxi performs no DRIVER selection, simply registering on their website to participate does not vouch for its suitability, legally, physically or mental health to provide the Services. The PASSENGER acknowledges that the data provided from the TAXI DRIVER, such as (i) vehicle model, (ii) plate of the vehicle, (iii) full name, (iv) profile picture, among others, were provided by the DRIVER or the TAXI COMPANY by themselves. By accepting the Services, the PASSENGER acknowledges that YOGO Taxi has no involvement in the contractual relationship between driver and passenger.

c) YOGO Taxi may provide to a claim’s processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third-Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

 

Procedure for Availing the Services Of The YOGO Taxi Service Booking;

In order to avail the Services of the YOGO Taxi, You shall be initially required to either log-in through the official website of the YOGO Taxi; or download and install the mobile application on Android, iPhone or any other smart phone; or dial the dedicated number of the YOGO Taxi; or hail the YOGO Taxi from the street side or from the dedicated pick-up location of the Company.

Upon receiving Your request for the Taxi, the Company may accept or reject your booking depending on the availability of the Taxi.

The YOGO Taxi shall be entitled at any time without giving any reason or prior notice to terminate or cancel Your booking.

 

Obligations of the Customers

The YOGO Taxi encourages You to take full responsibility for your items. In case of lost items inside the TAXI during the journey, the Company will try to locate the items on a "best-effort" basis but the Company will not be responsible for the same in case of loss or damage to the same.

If You leave any goods in the Taxi or has any complaint in respect of the Services or the use of the Taxi, the Customer has to inform the Company of the same in writing within 24 hours of using the Taxi or the Services of the Company.

You agree and acknowledge that the use of the services offered by the Company is at your sole risk and that the YOGO Taxi disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes.
Without prejudice to the above, the YOGO Taxi makes no representation or warranties that the service will meet your requirements ,the service will be uninterrupted, timely, secure, or error-free.

You authorize the YOGO Taxi to send you various communication including service messages, offers, promotions, and other promotional communication through various media channels, such as calls, messages, e-mails, social media and notifications in relation to the YOGO Taxi’s services.

 

General Terms and Conditions

 

Booking and Cancellation Conditions

The User agrees that these terms and conditions shall be deemed to apply when the Users use YOGO taxi app or http://yogo.lk

a)    If the User is booking a Taxi for immediate or in advance Hire, he/she shall not be liable to pay any booking fee other than the base charges.

 

b)    YOGO Taxi  shall not be responsible or liable for any loss, damage or embarrassment suffered by the User in relation to or in respect of any instructions or operations effected by the User or purported to be effected by the User YOGO Taxi however caused including but not limited to the User's non-compliance with the Services recorded voice instructions and YOGO Taxi 's inability to provide the services for any reason, including and without limitation, as a result of malfunction, partial or total failure of any network terminal, data processing system, computer transmission or telecommunications system or other circumstances whether or not beyond the control of YOGO Taxi or any person or any organization involved in the abovementioned systems.

 

c)   The User shall not hold YOGO Tax liable for any direct or indirect loss or damage which may be suffered by the User as a result of any failure by YOGO Taxi or any fault of the Driver or any fault of the Taxi company to provide a taxi to the User within any stipulated time even if YOGO Taxi or the Driver or the Taxi Company  have agreed to so provide the taxi or even if the User has advised YOGO Taxi or the, Driver  of the possibility that any such loss or damage would result if the taxi is not provided at all or within the stipulated time.

 

d)         The User undertakes with YOGO Taxi and agrees to indemnify YOGO Taxi from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnify basis) claims, demands, actions and proceedings which YOGO Taxi may incur or sustain directly or indirectly from or by any reason of or in relation to the use or purposed use of Taxi. And shall pay such sums on demand. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity or another method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or another method of identity verification.

 

e)         The User can cancel the Hire within 5 Minutes of the driver accepting the trip, you won’t be charged. However, if the cancellation of booking is done after 5 Minutes or if the Cancellation made after Driver’s arrival for the location requested, there will be a Cancellation Charge.

 

f)         If for any reason your driver takes too long to get to you, due to the driver’s fault or breakdown of taxi/Cab then the cancellation charge will be waived. A cancellation fee will always apply if a trip is canceled after it has begun.

 

g)   If you are not at the pickup location or your driver cannot get in touch with you, the cancellation fee will apply and if the driver is at your pickup location and has waited for over 10 minutes. This means that the fee can still apply even when your driver is the one to cancel the trip.

 

Payment Conditions

a)   The User shall pay the taxi fare as displayed in the meter, in addition to parking charges, High way charges additional night surcharge (where applicable) by Cash.

 

b)  However, if the user did not have sufficient amount to pay to the driver after the hire is completed YOGO Taxi will be indemnify from and against and in respect of any or all liabilities, losses, charges and expenses occurs to the driver or Taxi Company.

 

Credit card

 Charges and Payment

You shall be required to pay trip charges for the Service and the rates can be found on the website and mobile application, link meter or such other booking platform of the Company. The trip charges shall be updated or amended from time to time and it shall be your responsibility to remain informed about the current trip charges for the Services. You agree that the trip charges shall include the trip fare and any additional charges levied by the Company which includes parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services. The toll charges will be payable by you as applicable, only when the. Convenience charge (booking fee) shall be applicable for the bookings made through the Company call center as per the rates provided in fare chart. For Outstation Round Trips, the charges will be applicable for each Calendar day.

 

If the travel time extends to the next calendar day beyond 12 am-midnight, next calendar day Round Trip charges will be applicable. Any payment made is non-refundable. At the end of the trip, you shall receive a trip invoice on your registered e-mail account with the Company.

You agree that you will pay for all Services you avail from the Company either by way of cash or any available non-cash/digital payment modes like credit/debit card/ wallet /UPI/pay later merchants. In the event the payment cannot be accepted through non-cash/digital modes, you shall be required to pay the trip charges by way of Cash. The processing of payments or credits, as applicable, in connection with your use of the application and Service will be subject to the terms, conditions and privacy policies of the payment processor and your credit card issuer in addition to these Standard Terms and Conditions. The YOGO Taxi is not responsible for any errors by the payment processor. In connection with your use of the Service, the YOGO Taxi will obtain certain transaction details, which Company will use solely in accordance with its Privacy and Cookie Notice.

 

 

Termination

 

Most content and some of the features on the web site are made available to visitors free of charge. However, YOGO Taxi reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice.  YOGO Taxi also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of YOGO Taxi and/or other visitors to the web site. YOGO Taxi reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.

Term and Termination of the Contract

The Contract between the YOGO Taxi and you are concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of the application installed on your smartphone, thus disabling the use by you of the application and the Service.

YOGO Taxi is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the application and the Service) if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of the Company, misuse the application or the Service. The Company is not obliged to give notice of the termination of the Contract in advance.

 

GOVERNING LAW; ARBITRATION

 

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Sri Lanka, excluding its rules on conflicts of laws. In any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability, the parties hereto will use their best efforts to resolve amicably all disputes arising out of or in connection with this agreement. Hence a party shall first make a written complaint to the other party which will constitute condition precedence.

 

It is hereby agreed that in the event of failure to meet the procedure established in respect of the written complaint such parties will be considered as to vitiate the right to recourse to any laws.

 

Any dispute which cannot be settled under the complaint procedure set forth hereinabove in thirty (30) days after receipt by one party of the other party’s request to do so shall be submitted by either party to the arbitration.

 

Trip Tracker Service

The Trip Tracker Service is optional & will be provided based only on the information given by You with regard to the tracking number while making the booking of the Taxi.

The trip tracker service once activated shall be ongoing unless otherwise deactivated by You.

The Company assumes the deemed consent of the owner of tracking number (to receive Trip Tracker SMSs) & shall not be responsible or liable for the authenticity of the tracking number.

The service may not be available if any routine maintenance is carried out for a short period of time and the Customer will be informed accordingly. Whilst every attempt will be made to restore the trip tracking service, the YOGO Taxi will not be responsible for any failure or delay to offer the service due to routine maintenance.

In the event You wish to end his trip before the drop destination provided by You at the time of booking the cab, the trip tracking service will send the SMS as showing that location at the end of the trip where You has actually ended your trip

The YOGO Taxi will not be responsible for any delay in or failure of the message due to any technical error or due to any delay on account of service provided by the mobile service provider of the Company or You and/or the person whose number has been provided a a tracking number. Once the trip tracker SMS is sent from the YOGO Taxi dispatch system, the same shall be regarded as sent irrespective of any delay or failure on account of any condition

The YOGO Taxi will not be responsible for the accuracy of the information, any situations like congestion of network and/or traffic jams and in no event the information sent by way of SMS under the trip tracking service shall be used for planning a meeting and/or any other purpose. The YOGO Taxi shall not be responsible for any delay on account of such situations and information provided under the trip tracking service is only for sending the SMS alerts about the cab location and trip

The YOGO Taxi does not assure complete sustainability of this service either during activated or deactivated mode & shall not be held responsible or liable for the same, in any manner

The YOGO Taxi shall not be responsible for the correctness of the tracking number provided by the Customers

 

Share Your Ride / Generate a hire behalf, someone

You may offer to share the Cab with other accompanied passengers on the event and You shall share Your point of origin and destination for the ride for the said purpose. In this circumstance you may need to extend destination;

Other users may place a request to You on the Application by providing his or her point of origin and destination for the desired ride. Even though you place an order on behalf of someone;

You are advised to use Your own prudence in offering or accepting a ride on the application as the Company cannot guarantee the authenticity of responsibilities carried by other passengers. As you are the legal passenger for YOGO Taxi, you are responsible to settle all payments related to each and every price during the journey.

Rules of YOGO

Violation of Terms of this agreement could result in loss of your YOGO App. account

Drivers have the sole discretion to refuse the transportation of any animals.

 

Contact Us

If you have any questions about our privacy statement please use any of the below methods to contact us.

Email-privacy@yogo.lk

Or write to us on –

Chief Operating Officer,

Link Lanka Electronics (Pvt)Ltd 

38, Kirulapone Avenue Colombo 5.