Terms & Conditions For Rider
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.
Redeal solutions Private Limited (“Savaar E”/ “Company”/ “us”/ “we”/ “our”) provides technology-based platform, as Mobility-as-a-Service (“MAAS”), and acts as a discovery platform for enabling lead generation for Rider, who shall offer ride services directly to the Rider’s Customers (defined below) through “Vehicle(s)”, and other platform based support services, as MAAS, as offered by Savaar E from time to time by means of the Company’s website and the mobile application “Savaar-e App” (collectively, “MAAS Platform”).
The ride services are provided/ offered by third party vehicle operators, service providers or drivers who wish to use the Platform to discover their Customers hereinafter referred to as (“Rider(s)”/ “you”).
On the basis of the representations and warranties provided by the Rider, the Company has agreed to onboard Rider on the Platform and to enable the Rider to discover their Customers. The Rider shall act in accordance with the terms and conditions as hereinafter provided and any other policy or agreement or document made applicable / executed by you for the purpose of your usage of the Platform (collectively, “T&Cs”). These T&Cs will govern the relationship between you and the Company in the course of your usage of the Platform. By signing up or registering on the Platform, you acknowledge that you have read and understood these T&Cs and agree to be bound by these T&Cs, without any limitation or qualification. If you do not agree with these T&Cs, please do not sign up or register on the Platform.
These T&Cs expressly supersede prior agreements or arrangements with you. Use of, and access to, the Platform, is offered to you upon the unconditional acceptance of all the terms, conditions and notices contained in these T&Cs and Privacy Policy (which is incorporated herein by reference), along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time.
These T&Cs expressly supersede prior agreements or arrangements with you.
1. REGISTRATION ON AND USE OF THE PLATFORM
- We provide the MAAS Platform on which you may discover your Customers and may choose to provide ride services on your own by means of Vehicles, in accordance with terms and conditions that you may agree with your Customers who request for and/ or avail such ride services (“Customers”) and the Rider.
- Savaar E may collect Rider Information (defined below) at the time of onboarding of the Rider, to establish the identity of the Rider. Savaar E reserves the right to store, process, access and use the Rider Information for business purposes and needs, marketing, service, development, analytics, research, as Savaar E may deem fit and in accordance with Savaar E’s Privacy Policy and applicable law. The Rider hereby expressly consents to such collection and use of Rider Information.
- Subject to applicable laws, Savaar E may provide to a third party, governmental agency, judicial body, any Rider Information or information relating to the Rider, if there is a complaint, dispute or conflict, including any accident involving a Rider on one hand and end-consumer, or a third party on the other hand.“Rider Information” shall mean and include any personal data or Information collected from the Rider, including know your customer documents, mobile number, and any other Information that Savaar E may deem fit.
- By using the Platform, you authorize Savaar E, whether directly or indirectly through third parties, to collect information about you including Rider Information, or make any inquiries necessary to validate your identity including background checks as mandated by law and in accordance with our Privacy Policy. Please read the Privacy Policy to understand how we collect, process and share your information, including Rider Information, personal information and sensitive personal data or information (collectively, “Information”).
- When you provide any Information to Savaar E, you will provide only true, accurate, current, and complete Information. You understand and acknowledge that the responsibility to provide correct Information, including your contact information, lies solely with you. We will not be responsible to verify the accuracy of the Information provided by you.
- To use the Platform, you should be eligible as per the onboarding criteria and provide such documents as requested by Savaar E (from time to time) as per applicable law and Savaar E’s internal policies, and ensure continued compliance with the same.
- Particularly, you represent, warrant and covenant to Savaar E that:
- You have driving experience;
- No proceeding is pending against you regarding and neither have been convicted of (a) driving under the influence of drugs or alcohol or (b) any cognizable offence under the Code of Criminal Procedure, 1973, including fraud, sexual offences, use of a motor vehicle to commit cognizable offence, or of any crime involving property damage, theft, acts of violence, or acts of terror, in the past 3 years; and
- You have cleared and have no pending challans applicable to the Vehicle prior to integration with the Platform.
- You must register on the Platform and create an account on the Platform (“Your Account”) by providing accurate Information as sought during the registration process.
- Further, we may ask you for Information or documents that will allow us, whether directly or indirectly through third parties, to reasonably identify you, requiring you to take steps to confirm your right over your email address or financial instruments, or verifying your information against third party databases or through other sources. We reserve the right to terminate, suspend, or limit access to the Platform in the event we are unable to obtain or verify this Information.
- You are solely responsible for maintaining the confidentiality of your credentials (Customer name, password, etc.) provided upon registration by you, and the Company is not liable for any loss you may incur as a result of someone else using Your Account, either with or without your knowledge.
- You agree to accept responsibility for all activities that occur in or from Your Account, and agree to establish reasonable security procedures and controls to limit access to the password or other identifying information of Your Account to unauthorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your Information. Your credentials include your Customer name and password to Your Account and to any third-party account you have used to login to Your Account.
- Savaar E will not be liable for any breach of security or unauthorized use of Your Account.
- The Company will not be liable if you do not download the correct mobile application including correct and compatible version of the Savaar E mobile application.
- You agree that Savaar E (either directly or indirectly through its affiliates or third parties) may communicate with you in connection with the MAAS based platform services offered by Savaar E on the Platform to You, either electronically (for example, push notifications), or through phone calls, WhatsApp messenger application, email, or in writing through other modes.
- Once you have registered Your Account, you will be discoverable on the Platform to your Customers and will be able to offer and provide ride services based on the pick-up location and drop off location chosen by your Customers and the ride fare mutually agreed between you and your Customers.
- After the acceptance of the ride service request by you, you can communicate with your Customers on the Platform until the start of the ride.
- The Platform will reflect an indicative price range as per the government rate card for the distance between your chosen pick up and drop off location. The ride fare will be decided by you and the Rider mutually. Savaar E is not involved or responsible for fixing the ride fare for the ride service.
2. GENERAL COVENANT
In relation to your access of the Platform and to provide the ride services, you covenant and agree to the following:
- For the purposes of registration/ creation of an account on the Platform and providing the ride services, you confirm that you are 18 years of age.
- You are not restricted by any legal, regulatory, judicial, quasi-judicial or other authority, to access the Platform or provide the ride.
- You will provide the ride services solely as permitted and in accordance with these T&Cs, while operating on MAAS Platform
- These T&Cs impose valid and legally binding obligations on you and are enforceable against you.
3. PAYMENT TERMS
- The Company has the discretion to charge subscription fees from the Rider in consideration for the MAAS Platform provided by Savaar E, as updated on the Platform from time to time, which will be subject to applicable taxes.
- Rider will collect the ride fare, directly from their Customers, for ride services rendered to their Customers.
- Savaar E may display an estimated ride fare range based on market rates that apply to the route and approximate distance your Customers have chosen on the Platform which you may use as guidance for you to quote or accept the ride fare. However, Savaar E makes no guarantee or warranty with respect to the accuracy or reliability of the ride fare displayed and is merely provided for guidance.
- The charges, fees, and any other payments owed by Rider’s Customers to the Rider or owed by the Rider to their Customers are part of the contractual arrangement between Rider’s Customers and the Rider for the ride services and are required to be settled between Rider’s Customers and the Rider. In no event will Savaar E be responsible or liable for any such payments.
- If the Company is not able to provide leads to the Rider on account of platform or app related issues, then the Company may compensate the Rider at its own discretion. This compensation is offered by the Company in the form of liquidated damages against the subscription fee charged from the Rider to access the Platform.
- The Rider will issue appropriate invoices as required under applicable law including Goods and Services Tax laws, to their Customers for or in connection with the ride services. Savaar E will not issue any invoice to Rider’s Customers or enable the Rider to issue any invoices in connection with the ride services to their Customers, as the transaction in connection with such ride services, including payments of ride fare, are to be settled directly between Rider’s Customers and the Rider, and Savaar E has no role to play in the same.
- Rider agrees and acknowledges that Savaar E is not in any way responsible for the settlement of any payments owed to you by your Customers or owed by you to your Customers.
- These T&Cs are subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.
- You are responsible for the collection and remission of all taxes associated with the ride services provided by you, or any transactions from your use of the platform, and Savaar E will not be held accountable in relation to any transactions between the Rider’s Customers and Rider where any tax related issue has occurred.
- The Company reserves the right to vary, or discontinue, any of the platform based services and/ or making the platform available in their entirety.
4. YOUR CONDUCT
In relation to the Platform, the Rider agrees to:
- Not authorize others to use Your Account on the Platform;
- Not assign or otherwise transfer Your Account to any other person or legal entity;
- Not use the Platform for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- Not carry-out any activity which is prohibited by any law in any manner (including but not limited to, taking calls, consume alcohol or drugs or other illegal substances, or be under the influence of drugs or other illegal substances, when providing ride services) which may impact Savaar E in any manner.;
- Not impair the proper operation of the network/ Platform and will not use any device, software, routine, file or other tool or technology, which includes any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage, interfere with or affect functionality or operation of the Platform, to surreptitiously intercept or expropriate any system, data or information in connection with the content hosted/ available on the Platform, or to affect the operation of any other websites or the internet;
- Not take any action that imposes an unreasonable or disproportionately large load on the infrastructure associated with the Platform, including but not limited to denial-of-service attacks, “spam” or any other such unsolicited overload technique;
- Not try to harm the Platform in any way whatsoever;
- Not copy, or distribute any content on the Platform without written permission from the Company; and
- Not use the Platform with an incompatible or unauthorized device.
In addition to the foregoing, you will not upload, display, share, host, publish or transmit any information that:
- Either belongs to another person or to which you do not have any right whatsoever;
- Is harmful, offensive, harassing, obscene, pornographic, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or an online game that causes your Customer’s harm, or otherwise unlawful in any manner whatsoever, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
- Infringes any patent, trademark, copyright or any other proprietary rights;
- Harms minors in any way or is harmful to child;
- Includes any commercial material or content (including solicitation of funds, advertising, or marketing of any goods or services);
- Deceives or misleads the addressee about the origin of such messages, or communicates any misinformation or information which is patently false and untrue or misleading in nature or in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit specified by the Government;
- Impersonates another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Threatens 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;
- Is in the nature of an online game that is not verified as a permissible online game;
- Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; or
- Violates any law for the time being in force.
- The Company reserves the right to immediately terminate the use of the Platform by the Rider if he does not comply with any of the above rules in Clauses IV.1 and IV.2 above.
- In consideration of safety aspects, the Rider will not be permitted to operate on the Platform for more than such number of hours on a calendar day as mandated under the applicable laws and should take a mandatory break of such number of hours before subsequent login into the Platform and offering the ride services, as required by applicable law.
5. The Rider consents to provide identity documents as required under Savaar E’s policies, directly or indirectly through a third party appointed by the Company.
- REPRESENTATIONS, WARRANTIES AND COVENANTS
- The Rider and the Company represent the following:
- They have all requisite power and authority to, deliver and perform, the obligations imposed herein;
- The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order, or judicial pronouncement which is applicable to each party; and
- They have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.
- The Rider hereby represent, warrant and covenant the following:
- They have all rights, licenses, and permits as may be required under applicable laws to perform the ride services in accordance with these T&Cs;
- They are in compliance with the Motor Vehicles Act, 1988 (“MV Act”), and any other applicable laws (including rules, regulations and orders notified thereunder) as required to be complied with by any person driving Vehicles or providing the ride services;
- At the time of onboarding with the Platform, they have not been convicted within the past 3 years, for the offence of driving under the influence of alcohol or any cognizable offence under the Code of Criminal Procedure, ‘1973 or the Indian Penal Code, 1860 (as may be applicable) including fraud, sexual offences, use of a motor vehicle to commit a cognizable offence, a crime involving property damage or theft, acts of violence, or acts of terror;
- They hold and will maintain updated/ renewed licenses, insurance and permits necessary for the use of Vehicle;
- They will follow traffic regulations and all applicable laws;
- They will not carry any weapons, firearms, ammunition, explosive devices and dangerous substances during performance of the ride services;
- Platform will not be responsible for the any action of the Rider (including but not limited to cancellation/ refusals).
- RELATIONSHIP BETWEEN THE PARTIES: The Rider will be accessing the MAAS Platform to discover the leads of Rider’s Customers. No other relationship exists between the Rider and the Company. The Company and the Rider are independent legal entities, and nothing in these T&Cs will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the Rider. It is clarified that neither party will have any right to conclude any contract for and/ or on the behalf of the other party in any manner.
6. CONFIDENTIALITY
- The Rider will keep confidential all Confidential Information including details of Rider’s Customers, market information, all work products and documents related thereto, and the contents of the MAAS Platform and will not sell or otherwise make that information available to any third parties. Except as otherwise agreed, the data of Rider’s Customers will be the exclusive property of the Company or the Rider’s Customers, and the Rider will not use the same for any purpose or distribute such data in any form or means except for the purpose of providing the ride services and other than as permitted by the Company and will keep it confidential at all times.
- “Confidential Information” will mean and include all non-public information relating to us or disclosed by us or our affiliates to you that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential information includes but is not limited to: (a) contents/ information relating to ride services and Platform; (b) information relating to our or our affiliates or business partners’ technology, software, customers, business plans, product plans and designs, promotional and marketing activities, finances and other business affairs; (c) third-party information including that of Rider’s Customers which we are obligated to keep confidential; (d) the nature, content and existence of any discussions or negotiations between you and us or our affiliates; and (e) any other information which should be reasonably kept confidential.
7. PROPRIETARY RIGHTS
- The Company is the sole owner and lawful licensee of all the rights to Platform or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, the website/ Platform, etc. or any other digital media content embodying trade secrets and Intellectual Property Rights protected under worldwide copyright and other laws. All titles, ownership and Intellectual Property Rights in the Platform and its content (except third party links) will remain with the Company, its affiliates, agents, authorized representatives, or licensors as the case may be.The term “Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including: (i) patent rights and utility models, (ii) copyrights and database rights including moral rights, (iii) trademarks, trade names, domain names and trade dress and the associated goodwill, (iv) trade secrets, and (v) industrial design rights; and for each of the foregoing includes any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
- All rights not otherwise claimed under this T&Cs or by the Company are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
- All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- Subject to your compliance with these T&Cs, the Company grants you a limited, non- exclusive, revocable, non-transferable license to download and install a copy of the Savaar E mobile application on a single mobile device that you own or control and to run such copy of the Savaar E mobile application solely for your own personal use, for the term of these T&Cs.
- Rider data: As between Savaar E and Rider, all right, title and interest in: (i) the Information, (ii) other information input into the MAAS Platform by Rider or its authorized Rider’s Customers (“Other Information”), and (iii) all Intellectual Property Rights in each of the foregoing, belong to and are retained solely by the Rider. Information and Other Information are collectively referred to as “Your Information”. Rider grants to the Company an unlimited, non-exclusive, royalty-free, worldwide license to use Your Information and perform all acts with respect to Your Information, as may be necessary for Savaar E to operate, maintain and improve the MAAS Platform ride, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify and distribute the Other Information as a part of the Aggregated Statistics (defined below). Rider is solely responsible for the accuracy, quality, veracity, integrity, legality, reliability, and appropriateness of Your Information. The Company agrees to access and use Your Information solely for Rider’s/ Rider’s Customers benefit and as set forth in these T&Cs or the Privacy Policy.
- Aggregated statistics: Notwithstanding anything else in these T&Cs, the Company may monitor Rider’s use of the MAAS Platform, and use data and information related to such use and Your Information in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the MAAS Platform and the services (“Aggregated Statistics”). As between Savaar E and Rider, all right, title and interest in the Aggregated Statistics and all Intellectual Property Rights therein, belong to and are retained solely by Savaar E. Rider acknowledges that Savaar E will be compiling Aggregated Statistics based on Your Information and Information input by other customers/ other Rider into the Platform. Rider agrees that Savaar E may: (i) make such Aggregated Statistics publicly available, and (ii) use such information to the extent and in the manner required by applicable law and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify Rider.
- The Rider will not do the following:
- License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
- Modify or make derivative works based upon the Platform;
- Create internet “links” or “frame” or “mirror” any application on any other server or wireless or internet-based device; or
- Reverse engineer or access the Platform in order to: design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Platform, or copy any ideas, features, functions or graphics of the Platform, or 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 Platform.
8: INDEMNITY:
- The Rider agrees to indemnify, defend and hold harmless, the Company, its affiliates, licensees and its officers, directors, agents and employees, from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including attorneys’ fees and court costs) which result from a breach or alleged breach of these T&Cs by you including but not limited to, (i) your use or misuse of the Platform or MAAS services on the platform; (ii) your breach or violation of any of these T&Cs; and (iii) any claims from any third-party as a result of or in connection with provision of ride services provided by You, or the Platform services.
- DISCLAIMERS: THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE MAAS SERVICES PROVIDED BY Savaar E AND/OR THE PLATFORM. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE MAAS SERVICES PROVIDED BY Savaar E AND/OR THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE PLATFORM / SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PLATFORM RELATED SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE PLATFORM SERVICES PROVIDED BY Savaar E AND/OR THE PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.
- All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded and disclaimed to the highest and maximum extent. The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of the Platform. You acknowledge and agree that the entire risk arising out of your use of the Platform remains solely and absolutely with you and you will have no recourse whatsoever to the Company.
- The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this Platform, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with a service.
- All rights not otherwise claimed under these T&Cs or by the Company are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
- Neither party hereto will be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
- The information, recommendations provided to you on or through the website, or the Platform is for general information purposes only and does not constitute advice.
- The Company will reasonably keep the Platform and its contents correct and up to date and offer you uninterrupted access but does not guarantee that the Platform is free of errors, defects, malware and viruses or that the contents in the Platform are correct, up to date and accurate. Savaar E assumes no liability whatsoever for any monetary or other damage or loss suffered by you on account of the delay, failure, interruption or errors in the operation of the Platform.
- The Company will further not be liable for damages resulting from the use of or the inability to use the MAAS Platform, including but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
- Access to the MAAS Platform may be unavailable, delayed, limited or slowed, from time to time, due to the inherent nature of the internet and among other things also due to:
- Servers, networks, hardware failure (including your own computer or mobile), telecommunication lines and connections, and other electronic and mechanical equipment;
- Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- Overload of system capacities;
- Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- Interruption (whether partial or total) of power supplies or other utility service, strike or other stoppage (whether partial or total) of labour;
- Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
- Any other cause (whether similar or dissimilar to the above) beyond control of Savaar E.
- The Rider are independent service providers of ride services. The Company is not responsible for the behaviour, actions, or inactions of Rider or quality of the Vehicle or the ride services. Any contract for the ride services including payment for such services is exclusively between Rider’s Customers and the Rider and the Company is not a party to the same.
- For the avoidance of doubt, it is clarified that the Company itself does not provide the ride services and is not a provider of the said services. Savaar E’s role is limited to enabling lead generation and discovery of Rider’s Customers, and linking third party service providers who provide or offer to provide ride services directly to Rider’s Customers.
9. LIMITATION OF LIABILITY:
- The Company is not responsible for the behaviour, actions or inactions of the Rider or, quality of the Vehicle. Any contract for the provision of ride services is exclusively between the Rider’s Customers and the Rider and the Company is not a party to the same.
- IN NO EVENT WILL Savaar E BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
- IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Savaar E’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE T&Cs OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF INR 1000/-.
10. TERMINATION
- Company is entitled to terminate these T&Cs at all times and with immediate effect, at its sole discretion, (by disabling the Rider’s registration on the Platform and use of the Platform) for any one or more of the following reasons:
- Any violation or breach of any term of these T&Cs or non-compliance with the requirements under applicable laws;
- If the Rider, in the opinion of the Company, misuses the Platform; or
- Where, in their opinion, continuance of the services of Rider is detrimental to the business interest of Savaar E due to the acts of the Rider.
- The Company may terminate these T&Cs immediately on the above grounds and is not obliged to give notice of the termination of these T&Cs in advance.
- Savaar E, in addition to its right to terminate these T&Cs, in its sole discretion reserves the right to legally prosecute the Rider immediately, if there is reason to believe that the Rider has indulged in any fraudulent activity or contravened the T&Cs of the Platform or violated any applicable laws and Savaar E will not be responsible for any consequences to the Rider arising from the same.
- Upon termination:
- Rider will stop accessing the Platform; and
- Rider will cease holding out as a ride service provider using with Savaar E’s MAAS Platform in any manner.
11. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
- These T&Cs will be governed by and interpreted in all respects in accordance with the laws of the Republic of India.
- Subject to the provisions made in Clause XIII.3, the parties hereby submit to the exclusive jurisdiction of the courts of Ahmedabad, Gujarat, India.
- All disputes arising out of or in relation to these T&Cs will be settled amicably by the parties. In the event, no amicable settlement is arrived at within a period of 15 (fifteen) days from the date of first initiation of the dispute by one party to other, the parties will resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.
- The arbitration proceedings will be conducted by an arbitral tribunal comprising of 1 arbitrator mutually appointed by you and the Company.
- The arbitration proceedings will be conducted in English language only and the seat for arbitration will be Ahmedabad, Gujarat, India.
- The award of the arbitral tribunal will be final and binding.
12. ASSIGNMENT
You may not assign your rights under these T&Cs without prior written approval of the Company. Savaar E may freely assign its rights and obligations without prior notice to or consent from Rider.
- AMENDMENT: These T&Cs may be amended from time to time and as and when required, at the sole discretion of the Company. If Savaar E makes any changes to these T&Cs that it deems to be material, Savaar E will make a reasonable effort to inform you of such changes, but it is your responsibility to review the T&Cs posted to the Platform from time to time to see if it has been changed. The updated version of these T&Cs will supersede the current version and such updated version will be immediately effective upon being posted on the Platform. The continued use of the Platform following the notification of modification of the T&Cs or after being updated on the Platform will be construed to mean the acceptance of the said modified T&Cs.
13. SEVERABILITY: If any portion of these T&Cs are found to be unenforceable, the remaining portion will remain in full force and effect.
14. NOTICES: The Company may give notice by means of a general notice on the Platform, or by electronic mail to your email address on record in the Company’s account information, or by written communication sent by regular mail to the Rider’s address on record in the Company’s account information.
Rider needs to send any notice at email id: [email protected]
15. CUSTOMER CARE AND GRIEVANCE REDRESSAL
Any opinions, issues or suggestion regarding the Platform can be provided / resolved by reaching out to the customer care number or email mentioned below:
Customer Care details: [email protected]
You can also reach out to the Customer Care through our 24*7 call support only with respect to any technical issues faced by you on the MAAS Platform or for safety and security situation. The Customer Care shall not be otherwise responsible for handling any issues relating to the ride services provided by You to your Customers (including relating to the ride fare, collection of ride fare, service quality etc.).