SAVAAR-E

Terms & Conditions For Rider

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

  1. DEFINITIONS

1.1. “Aggregated Statistics” shall mean data and information related to the Driver Partners’ use of the Platform used by the Company in an aggregate and anonymized manner, ensuring no Personal Data is identifiable.

1.2. “Fixed Pricing Mechanism” means the transparent pricing model utilized by the Platform that displays a static, pre-determined fare to the User and Driver Partners before booking, which does not fluctuate based on real-time algorithms.

1.3. “MaaS Platform” means the Mobility-as-a-Service technology platform, including the Savaar-E mobile applications and website, which acts solely as a discovery and lead-generation tool.

1.4. “Origin-Based Co-Passenger Pooling” means a shared-ride model where all co-passengers converge at a single, consolidated pickup location (or its immediate vicinity) to board the vehicle at the same time, with a strict prohibition on mid-journey user additions.

1.5. “SaaS Subscription” means the flat fee paid by Driver Partners to access the Platform’s lead-generation and discovery features.

  1. NATURE OF SERVICE: THE DISCOVERY MODEL

2.1. Platform Purpose: Savaar-E operates strictly as a Mobility-as-a-Service (MaaS) discovery platform. The Company does not provide transportation services, does not own or operate any vehicles, and does not function as a transport provider.

2.2. Independent Contractor Status: The relationship between the Company and the Driver Partners is strictly that of independent legal entities. Nothing in this agreement shall be construed to create a partnership, joint venture, agency, franchise, or employment relationship.

2.3. No Operational Control: The Driver Partners is an independent business owner and maintains absolute discretion over when to log into the Platform, which leads to accept, and the manner in which they conduct their business. The Company does not assign routes, does not mandate log-in hours, and does not conduct performance appraisals.

  1. PRICING, REVENUE MODEL & SUBSCRIPTION

3.1. Zero-Commission Model: Savaar-E operates on a strict Zero-Commission SaaS model. The Company does not charge a percentage of the ride fare and does not participate in the revenue generated from individual trips.

3.2. SaaS Subscription via Payment Gateway: The Driver Partners agrees to pay the flat SaaS Subscription Fee exclusively through the authorized digital Payment Gateway integrated within the Driver Partners App. The Company does not accept cash or offline transfers for subscription dues. Crucially, this Payment Gateway is strictly utilized for the collection of the Company’s SaaS Subscription Fee and is never used to process, collect, or hold user ride fares. 

3.3. Fare Settlement: All ride fares are settled 100% peer-to-peer. Users pay Driver Partners directly via cash, personal UPI, or other mutually agreed methods.

3.4. Fixed Fare Adherence: The Driver Partners agrees to accept the fare generated by the Fixed Pricing Mechanism. The Driver Partners shall not ask for additional fares for rerouting.

3.5. No Financial Intermediation: The Company does not collect, hold, or process user money for ride services. Consequently, the Company is not an E-Commerce Operator (ECO) under Section 9(5) of the CGST Act, 2017, as it does not “supply” the service or manage the financial transaction.

  1. SHARED RIDE MECHANICS: ORIGIN-BASED POOLING

4.1. Origin-Based Co-Passenger Pooling model: The Driver Partners shall pick up all matched co-passengers at the designated consolidated pickup location before commencing the trip.

4.2. No Mid-Route Detours: The Driver Partners is strictly prohibited from picking up additional Users or making unauthorized detours after the trip has commenced.

  1. INTEGRATED CANCELLATION AND REFUND POLICY

5.1. Ride Fare Refunds (Non-Existent): Because all ride fares are settled P2P via Cash or Personal UPI directly between the User and Driver Partners, the Company cannot and will not process ride refunds. The Company has no visibility into the P2P transaction and does not hold any funds related to the ride.

5.2. SaaS Subscription Refunds: A pro-rata refund of the subscription fee may be granted only if the Platform experiences a continuous technical failure (server downtime) exceeding 48 hours that prevents lead discovery. No refunds shall be provided for partial usage of the subscription period.

5.3. Driver Partners-Initiated Cancellations: Driver Partners may cancel in the event of a mechanical failure or emergency.

5.4. No Income Guarantees: The Company does not guarantee that a cancellation by a User will be followed by a replacement lead. The risk of idle time or lost opportunity cost is an “Independent Business Risk” assumed by the Driver Partners as a SaaS subscriber.

  1. MANDATORY SAFETY: ONLY FEMALE SHARED RIDE & VISUAL VERIFICATION

6.1. Feature Definition: The Platform offers a gated “Only Female Shared Ride” feature. This feature is intended to enhance safety for female Users and is based on a user’s self-declaration during the booking process.

6.2. Driver Partners Duty of Visual Verification: For every “Only Female Shared Ride” booking, the Driver Partners is hereby empowered and legally mandated to perform Physical Visual Verification at the point of pickup.

6.3. Trap Booking Protections: If, upon arrival at the pickup point, the Driver Partners determines that a male individual is attempting to board a ride designated as “Only Female,” the Driver Partners has the absolute right and duty to refuse service.

 6.4. Zero-Penalty Cancellation: The Company guarantees that the Driver Partners will face zero algorithmic penalties, zero service rating deductions, and no suspension of privileges for such cancellations.

 

  1. ONBOARDING, ELIGIBILITY & INSURANCE

7.1. Age Requirement: The Driver Partners represents and warrants that they are at least 20 years of age, as required by Section 4 of the Motor Vehicles Act, 1988 for the operation of a transport vehicle.

7.2. Licensing: The Driver Partners must hold a valid commercial driving license, vehicle registration (RC), fitness certificate, and all permits required by the Gujarat State Transport Department.

7.3. Mandatory Insurance Coverage: The Driver Partners is 100% legally required to maintain at all times a valid commercial vehicle insurance policy and a comprehensive user insurance policy as mandated by the Motor Vehicles Act, 1988 and applicable MoRTH guidelines.

7.4. Background Check: By registering, the Driver Partners authorizes the Company to conduct identity verification and criminal background checks as may be required by law or internal policy.

  1. TAX NEUTRALITY AND RESPONSIBILITY

8.1. Direct Tax Obligation: As Savaar-E operates a strict P2P model and does not “supply” the transportation service under Section 9(5) of the CGST Act, 2017, the Driver Partners is the sole “supplier” of the ride.

8.2. GST Compliance: The Driver Partners is exclusively responsible for determining their liability to register for GST and for the timely remittance of any applicable taxes on the ride fare.

8.3. SaaS Tax: The Company will only issue GST invoices to Driver Partners for the SaaS Subscription Fee itself.

  1. CONFIDENTIALITY & STATUS MONITORING

9.1. User Privacy: You agree to keep strictly confidential all information regarding Users discovered through the Platform (including actual mobile numbers, names, and pickup locations shared exclusively for ride coordination) and shall not use this data for any purpose other than providing the specific ride service requested.

9.2. “Online” Status Monitoring: The Platform tracks your “Online” status (formerly referred to as “On-Duty”) solely to facilitate lead discovery and safety features like GPS tracking. This tracking does not constitute employment supervision.

  1. INTELLECTUAL PROPERTY RIGHTS

10.1. Ownership: Savaar-E is the sole owner of all rights, titles, and interests in the Platform, including its design, text, graphics, logos, and underlying software.

 10.2. License Grant: Subject to compliance with these Terms, the Company grants you a limited, non-exclusive, revocable, and non-transferable license to use the Savaar-E Driver Partners App solely for lead discovery.

10.3. Operational Data License: The Driver Partners grants the Company a limited, non-exclusive license to use anonymized operational metadata (e.g., trip logs) strictly for the purpose of improving lead-discovery algorithms.

 

 

  1. INDEMNITY AND LIMITATION OF LIABILITY

11.1. Driver Partners Indemnity: You agree to defend, indemnify, and hold harmless the Company, its directors, and employees from any claims, losses, or legal costs arising from:

  • Your breach of these Terms or violation of any traffic or transport laws.
  • Any accidents, physical injuries, or property damage occurring during a ride.

11.2. Platform Disclaimer: The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. The Company makes no warranty that the Platform will be uninterrupted, error-free, or compatible with all devices.

11.3. Liability Cap: To the fullest extent permitted by law, the Company’s aggregate liability for any claim arising out of this agreement shall not exceed INR 1,000/-.

11.4. Indemnity Limitation: The obligation to indemnify the Company shall not apply to the extent that a claim results directly from the Company’s own gross negligence or willful misconduct.

11.5. Exclusion of Specific Damages: The Company shall not be liable for any exemplary or punitive damages arising out of or in connection with the use of the Discovery Platform.

11.6. Absolute Limitation: The limitations of liability set forth herein shall apply even if the Company has been specifically advised of the possibility of such damages.

  1. TERM AND TERMINATION

12.1. Right to Terminate: The Company is entitled to terminate these Terms and your access to the Platform at its sole discretion, with immediate effect and without prior notice.

12.2. Grounds for Termination: Termination or suspension may occur for reasons including, but not limited to:

  • Violation or breach of any provision of these Terms or non-compliance with Applicable Law, including the Motor Vehicles Act.
  • Engaging in fraudulent activities or misuse of the Platform.
  • Failure to maintain valid commercial insurance or a valid commercial driving license.

12.3. Investigative Authority: The Company reserves the right to investigate and, where necessary, cooperate with law enforcement authorities to prosecute any violations of these Terms to the fullest extent permitted by law.

12.4. Discretionary Termination: To maintain the safety and integrity of the Platform, the Company reserves the right to suspend or terminate any account with immediate effect and for an indefinite period if it has reason to believe that Registration Data or any other data provided by You is incorrect or false, account security has been compromised, unauthorized use is suspected, or for any other reason the Company deems just or equitable.

  1. GOVERNING LAW AND JURISDICTION

13.1. Governing Law: These Terms shall be governed by and interpreted in accordance with the laws of the Republic of India.

13.2. Exclusive Jurisdiction: In the event of any dispute, claim, or controversy arising out of or in connection with these Terms, the parties hereby submit to the exclusive jurisdiction of the courts of Ahmedabad, Gujarat.

13.3. Arbitration: All disputes that cannot be settled amicably within 15 days shall be resolved through binding arbitration in Ahmedabad, Gujarat, conducted in the English language.

  1. GRIEVANCE REDRESSAL

14.1. Grievance Officer: Any complaints or grievances regarding the Platform should be directed to the Grievance Officer: Name: Mr. Vraj Shah | Email: info@savaare.com.

14.2. Support Availability: The Grievance Officer is available daily between 10:00 AM and 7:00 PM IST (including weekends) for formal redressal.

14.3. Acknowledgment: The Company shall acknowledge receipt of any grievance within 48 hours as per statutory requirements.

14.4. P2P Dispute Limitation: For ride-level disputes, the Company’s role is limited to providing metadata to the parties for their independent P2P resolution.

  1. STATUTORY RETENTION (SEC 36 CGST ACT)

15.1. Statutory Compliance: Notwithstanding any request for account deletion or erasure under the DPDP Act, 2023, the Company is legally mandated by Section 36 of the CGST Act, 2017 to retain all records of SaaS Subscription transactions and associated cancellation metadata for a period as prescribed.

  1. GENERAL PROVISIONS

16.1. Force Majeure: Neither party shall be liable for any failure or delay in performance resulting from acts beyond their reasonable control, including but not limited to: strikes, lock-outs, riots, rebellions, accidental explosions, floods, storms, earthquakes, acts of God, pandemics, war, insurrection, mechanical breakdown of local power grids, or total failure of the regional internet infrastructure.

16.2. Severability: If any provision of these Terms is found to be unenforceable by a court of competent jurisdiction in Ahmedabad, the remaining provisions shall remain in full force and effect.

16.3. Entire Agreement: These Terms, along with the Privacy Policy, constitute the entire agreement between the parties regarding the use of the Platform. This supersedes all prior “Shipping” or “Delivery” policies.

16.4. Implied Consent: Continued use of the Platform following an update to these Terms or the Privacy Policy shall be deemed as your informed consent to the revised provisions.

16.5. Non-Transferability: Your Platform account is strictly personal and may not be sold, assigned, transferred, or shared with any third party for any reason.