Terms and Condition For Users

 

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. “Algorithm Abuse Penalty Fee” means a predetermined liquidated damage fee assessed against a User who willfully attempts to bypass safety features (such as gender-gating) or manipulates the Platform integrity to the detriment of the Driver Partners.

1.2. “Applicable Law” means all Indian statutes, enactments, acts of legislature, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any Government, statutory authority, tribunal, board, or court, including the Consumer Protection (E-Commerce) Rules, 2020.

1.3. “Fixed Pricing Mechanism” means the transparent pricing model utilized by the Company that displays a static, pre-determined fare to the User before booking, which does not fluctuate based on real-time algorithmic demand.

1.4. “Force Majeure Event” means any event beyond the reasonable control of the Company, including but not limited to strikes, riots, war, pandemics, acts of God, or regional telecommunications/internet infrastructure failure.

1.5. “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.

1.6. “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 passenger additions.

2. NATURE OF SERVICE: THE DISCOVERY MODEL

2.1. Platform Purpose: Savaar-E operates strictly as a 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. Tripartite/P2P Reality: Any ride service you book is a direct contract between you and the Driver Partners. The Company is not a party to this transaction and disclaims all liability for the physical transportation service, including safety, quality, or conduct during the ride.

2.3. No Financial Intermediation: Savaar-E does not collect, hold, or process payments for ride fares. You are responsible for settling the financial consideration 100% peer-to-peer (P2P) directly with the Driver Partners via any mode.

2.4. User-Assumed Risk: The User acknowledges that Driver Partners are independent third-party contractors. The Company does not guarantee the availability of any Driver Partners at any specific time, nor does it guarantee that a Driver Partners will accept a ride request.

2.5. Physical Service Disclaimer: The Company exercises zero operational control over the physical conduct of the Driver Partners, the mechanical condition of the vehicle, or the adherence to traffic laws. All such liabilities reside entirely with the Driver Partners.

2.6. No Service Arrangement: The Company’s role is strictly limited to providing a lead-discovery tool; the Company does not assume responsibility for arranging or guaranteeing transportation services.

3. REGISTRATION AND ELIGIBILITY

3.1. Registration Eligibility: By accessing the Platform, you represent that you are at least 18 years of age and are fully competent to contract within the meaning of the Indian Contract Act, 1872.

3.2. Account Responsibility: You are solely responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account.

3.3. Truthful Information: You represent and warrant that all information provided during registration, including your name, contact details, and gender, is accurate and truthful.

3.4. Registration Liability: The Company shall bear no liability for any loss resulting from false, incomplete, or incorrect Registration Data provided by the User.

3.5. Single Account Policy: Users are strictly permitted to open and maintain only one account in association with their unique Registration Data.

4. PRICING AND FINANCIAL MODEL

4.1. Fixed Fare Transparency: The Platform utilizes the Fixed Pricing Mechanism to display an indicative fare to the User before a booking request is made. Fares are pre-disclosed and passengers can trust them before they book.

4.2. No Surge Pricing: The Platform explicitly does not utilize “surge” algorithms or demand-based dynamic pricing.

4.3. No Hidden Costs: The app does not ask users to add tips or pay additional fares for rerouting.

5. SHARED RIDE MECHANICS: ORIGIN-BASED POOLING

5.1. Origin-Based Co-Passenger Pooling model : All matched co-passengers must gather at the designated consolidated pickup location before the trip commences.

5.2. No Mid-Route Detours: To ensure efficiency and safety, mid-route detours or co-passenger additions after the trip has commenced are strictly prohibited.

5.3. User Verification Duty: It is the User’s absolute responsibility to manually verify all booking details, including designated pickup and drop-off locations and scheduled times; any identified inaccuracies or discrepancies must be resolved by immediately notifying the Driver Partner via the Platform’s communication tools prior to the trip commencement

6. INTEGRATED CANCELLATION AND REFUND POLICY

6.1. Ride Fare Refunds (Non-Existent): Due to the P2P financial model established in Section 2.3, the Company cannot and will not process ride refunds.

6.2. Platform Blindness: The Company has no visibility into the transaction, does not act as a payment gateway, and does not hold any funds related to the ride. “Chargeback” requests through the Platform are technically and legally impossible.

6.3. Incident Tracking: Any cancellation by a User or Driver is recorded as an “Incident” purely for platform quality and safety monitoring.

7. GATED FEATURE: ONLY FEMALE SHARED RIDE & SAFETY

7.1. Legal Self-Declaration: Accessing the “Only Female Shared Ride” feature requires you to legally self-declare as female within the app interface. This declaration is used for the specific purpose of facilitating a safe, gender-segregated transport environment.

7.2. Fraudulent Material Breach: Any attempt to bypass this feature via a false declaration, or allowing a male to use a female-registered account to hail this specific ride, constitutes a “Trap Booking”.

7.3. Driver Visual Verification: You are hereby informed that Drivers are authorized and mandated to perform Physical Visual Verification at the point of pickup for this feature.

7.4. Penalty for Fraud: If a Driver Partners identifies a Trap Booking, the ride will be immediately cancelled. This will result in an Algorithm Abuse Penalty Fee assessed against the User and immediate permanent account suspension.

8. USER CONDUCT AND PROHIBITED ACTIVITIES

8.1. Lawful Use: You agree to use the Platform only for lawful purposes.

8.2. Prohibited Conduct: You shall not impair the proper operation of the Platform, introduce software viruses, attempt to defraud the Driver Partners or other passengers, or harass, threaten, or cause nuisance to Driver Partners or co-passengers.

8.3. Platform Integrity: Any attempt to reverse engineer the app or “mirror” its functionality is strictly prohibited.

8.4. Protection of Minors: Users are strictly prohibited from utilizing the Platform to send, store, or transmit any material that is harmful to children or violates the safety of minors.

8.5. Content Standards: Users are prohibited from providing any User Content that is defamatory, hateful, violent, obscene, or otherwise offensive as determined by the Company.

8.6. Intellectual Property Warranty: By providing User Content, you warrant that you are the sole owner of such content and that its publication does not infringe upon any third-party rights.

8.7. Software Integrity: Users shall not launch automated programs (e.g., spiders, bots) that make multiple server requests per second or unduly burden Platform performance.

8.8. Feedback License: By providing User Content, you grant the Company a perpetual, worldwide, royalty-free license to use and exploit such content for Platform improvement.

9. PRIVACY AND DATA PROTECTION

9.1. Data Collection Purpose: The Company collects and processes your personal data strictly in accordance with the Digital Personal Data Protection (DPDP) Act, 2023.

9.2. Gender Data Justification: You acknowledge that the collection of gender data is a “specified purpose” necessary to facilitate the security and operational integrity of the gated “Only Female Shared Ride” feature.

9.3. Erasure Rights: You have the right to request the erasure of your personal data upon the termination of your account, subject to statutory retention requirements under the CGST Act.

9.4. Third-Party Disclosure: The Company may disclose your information to Driver Partners only to the extent necessary to facilitate lead generation and pickup coordination. You acknowledge and agree that this includes sharing your actual mobile number, name, and pickup location directly with the assigned Driver Partner.

9.5. Co-Passengers Identification: In the event of Origin-Based Co-Passenger Pooling, the User acknowledges that their first name may be disclosed to co-passengers to facilitate identification at the designated pickup location.

10. DISCLAIMERS OF WARRANTY

10.1. “As-Is” Service: The Platform and all information provided through the Fixed Pricing Mechanism are provided on an “as-is” and “as-available” basis.

10.2. No Quality Guarantee: The Company makes no representations or warranties regarding the reliability, safety, timeliness, or quality of the transportation services provided by the independent Driver Partners.

10.3. Technical Disclaimer: The Company does not warrant that the Platform will be free from errors, viruses, or interruptions caused by factors beyond its reasonable control.

11. LIMITATION OF LIABILITY

11.1. No Consequential Damages: In no event shall the Company be liable for any indirect, incidental, special, or consequential damages, including loss of profits or data, arising out of your use of the Platform.

11.2. P2P Exclusion: The Company is not liable for any physical injury, property damage, or theft occurring during the course of a P2P ride. All such claims must be resolved directly with the Driver Partners.

11.3. Liability Cap: To the maximum extent permitted by applicable law, the total aggregate liability of the Company for any claim arising under these Terms shall not exceed INR 1,000/-.

11.4. Vehicle Breakdown: The Company disclaims all liability for ride delays, non-completion of trips, or any consequential losses resulting from the mechanical breakdown of a Driver Partner’s vehicle.

11.7. Lost Property: Any goods left in a vehicle must be reported immediately to the Driver Partner; the Company disclaims all responsibility for loss or damage to such items.

12. INDEMNITY AND LIMITATION OF LIABILITY

12.1. User Obligation: You agree to indemnify and hold harmless the Company, its directors, and employees from any claims, losses, or legal expenses resulting from your breach of these Terms, any fraudulent self-declaration regarding gender, or any illegal use of the Platform.

12.2. Third-Party Claims: You are solely responsible for any claims brought by a Driver Partners or a third party as a result of your conduct during a P2P ride.

12.3. 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.

12.4. 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.

12.5. 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.

13. TERM AND TERMINATION

13.1. Right to Terminate: The Company reserves the right to terminate your access to the Platform at any time, without prior notice, for a “Material Breach” or as otherwise provided in these Terms.

13.2. Material Breach Defined: A Material Breach includes, but is not limited to:

• Any violation of safety protocols, including “Trap Bookings” as detailed in Section 7.
• Attempting to manipulate or bypass the Fixed Pricing Mechanism.
• Providing false registration data or violating the non-transferability of the account.

13.3. 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.

13.4. 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.

13.5. Survival: Provisions related to Intellectual Property, Indemnity, and Limitation of Liability shall survive the termination of this agreement.

14. GOVERNING LAW AND JURISDICTION

14.1. Indian Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of India.

14.2. Exclusive Jurisdiction: Any legal proceedings or disputes arising out of these Terms shall be subject to the exclusive jurisdiction of the courts located in Ahmedabad, Gujarat, India.

14.3. Arbitration: All disputes shall be settled through binding arbitration in Ahmedabad, Gujarat, pursuant to the Arbitration and Conciliation Act, 1996.

15. GRIEVANCE REDRESSAL

15.1. Grievance Officer: For any complaints, safety concerns, or reporting of fraudulent activity, please contact: Mr. Vraj Shah | Email: info@savaare.com.

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

15.3. Statutory Timelines: The Company will acknowledge the receipt of your complaint within 48 hours. The Company will endeavor to provide a resolution within 15 days of receipt.

15.4. P2P Dispute Limitation: For ride-level disputes (e.g., fare arguments or cancellations), the Company’s role is strictly limited to providing metadata to the parties for their independent P2P resolution.

16. STATUTORY RETENTION & TAX DEFENSE

16.1. Section 194-O Income Tax Exemption: The User acknowledges that the Company is not a “payer” to the Driver Partners for transportation services. Consequently, the Company is not responsible for Tax Deduction at Source (TDS) under Section 194-O of the Income Tax Act, 1961.

16.2. Statutory Data Retention (CGST Act Sec 36): Notwithstanding any request for erasure under the DPDP Act 2023, the Company is legally mandated to retain User transaction metadata and interaction logs for a period of 72 months (6 years) to comply with Section 36 of the CGST Act, 2017.

17. COMPREHENSIVE FORCE MAJEURE CLAUSE

17.1. Non-Liability for Disruptions: The Company shall not be liable for any failure to provide the Discovery Service resulting from a Force Majeure Event.

17.2. Interruption of Discovery: In the event of a total internet blackout or server failure in the Ahmedabad region, the “Discovery” feature may be suspended without notice. The User accepts this as an inherent “Independent Business Risk” of using a technology-based MaaS platform.

17.3. P2P Settlement during Outage: Users and Driver Partners acknowledge that the Company cannot adjudicate or intervene in ride disputes occurring during an infrastructure failure.

18. GENERAL PROVISIONS

18.1. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court in Ahmedabad, the remaining provisions shall remain in full force and effect.

18.2. Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company, superseding all prior “Shipping” or “Delivery” policies.

18.3. No Waiver: The Company’s failure to enforce any right or provision in these Terms (such as the assessment of a Trap Booking penalty) shall not constitute a waiver of such right or provision.

18.4. 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.

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