These Terms and Conditions govern your use of the Gaadi Online services. By accessing our website and mobile application, you agree to comply with these terms, ensuring a safe and efficient experience for all users.
FOR USER TERMS AND CONDITIONS:
THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH Gaadi Online, OFFERS YOU ACCESS TO THE Gaadi Online PLATFORM.
This is user agreement (the "Agreement" or "User Agreement" or "Terms of Service") for Gaadi Online (the "Gaadi Online Platform"), an application owned and operated by gaadionline.com., whose office is located at #Civil township, 1st Floor, Rourkela,Odisha 769006. In this Agreement, Gaadi Online refers to the Gaadi Online Platform, as the context so requires. The Agreement, User Agreement or Terms of Service, individually and interchangeably refer to the updated/revised terms of service for Gaadi Online Platform, as periodically revised/updated and made available on the Gaadi Online Platform.
Gaadi Online Platform would mean and refer to the application, that enables Gaadi Online, Gaadi Online Taxi Services such as through a Mobile Apps, Progressive Web App, Websites and customer support systems.
USER TERMS AND CONDITIONS
This Agreement, entered into between You and Gaadi Online is a legally binding agreement made between you ("You," "Your," or "Yourself") and Gaadi Online. ("Gaadi Online," "We," "Us" or "Our"). The Agreement refers to the collective terms set out in this part, Part A and Part B, herein under.
We reserve the right to amend this Agreement from time to time and we shall post the updated terms on the Gaadi Online Platform. When We post amended terms on the Gaadi Online Platform, You agree that, You may not use the Services without accepting them. Except as stated below, all amended terms shall automatically be effective after they are posted on the Gaadi Online Platform. Notwithstanding any headings, classifications, definitions, etc., Clauses 5-30 and such other clauses by their very nature shall apply to all Services(CarBooking, Bikebooking, Taxi, Bazaary, Quick Jobs and all other services) provided on the Gaadi Online Platform.
Your use and access, to the Gaadi Online Platform is licensed by Gaadi Online only upon the condition that You accept all the terms contained in this Agreement. By signing up with or by using the Gaadi Online Platform, You confirm that You understand this Agreement and accept all of its terms. Any use of the Gaadi Online Platform without accepting the terms of the Agreement shall be deemed as illegal and unauthorised use of the Gaadi Online Platform. Should You choose not to accept to the terms in this Agreement, You shall not sign up with or use the Gaadi Online Platform.
This paragraph applies to any version of the Gaadi Online Platform that You acquire from the Google Play Store and/or Apple Inc.'s App Store or through the Web application & Web sites hosted by the company. Google Play and/or Apple Inc.'s App Store is not a party to this Agreement and shall have no obligations with respect to the Gaadi Online Platform. Gaadi Online, not Google and/or Apple Inc., is solely responsible for the Gaadi Online Platform and the content thereof as set forth hereunder. However, Google and Google's Play Store and/or Apple Inc. and Apple Inc.'s App Store subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Google and/or Apple Inc. shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Google and/or Apple Inc., for purposes of which, You are "the End-User." In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall apply.
Termination
7.1 We may terminate or suspend the access to our Gaadi Online and/or Gaadi Online Platform at any point in time without cause and without prior notice or liability, including without limitation any breach of these Terms.
7.2 You are entitled to terminate the agreement, after clearing any balance due, by closing of Your User Account. Gaadi Online reserves the right to keep the data of Your User Account for a period as may be required by Gaadi Online.
INTELLECTUAL PROPERTY OWNERSHIP
8.1 Gaadi Online shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Gaadi Online Platform, Application, product, Gaadi Online Taxi Service and any suggestions, ideas, enhancement requests, feedback,data,recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the Gaadi Online Platform, Application or the Gaadi Online Taxi Service. Third party trademarks may appear on this Gaadi Online Platform/ Application and all rights therein are reserved to the registered owners of those trademarks.
LIMITED LICENSE
9.1 Subject to Your compliance with these Terms, Gaadi Online grants You a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Gaadi Online Platform.
9.2 You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party, Gaadi Online or Gaadi Online Platform in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Gaadi Online Service or “frame” or “mirror” any Gaadi Online Platform on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Gaadi Online Platform in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Gaadi Online Platform, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of Gaadi Online or Gaadi Online Platform, or (v) 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 Gaadi Online or Gaadi Online Platform.
9.3 You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Gaadi Online Platform, the Application or Gaadi Online or the data contained therein; or (v) attempt to gain unauthorized access to the Gaadi Online Platform, the Application or Gaadi Online or its related systems or networks; or (vi) You shall not make copies of any data, information, pricing, features, codes, source codes, intellectual property, etc..
9.4 Gaadi Online will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Gaadi Online may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
9.5 You acknowledge that Gaadi Online has no obligation to monitor Your access to or use of the Gaadi Online Platform, Gaadi Online, but has the right to do so for the purpose of operating the Gaadi Online Platform and Gaadi Online, to ensure Your compliance with these Terms, or to comply with Applicable Law.
9.6 Gaadi Online reserves the right, at any time and without prior notice, to remove or disable access to any account, any content that Gaadi Online, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Gaadi Online Platform, Gaadi Online.
ELIGIBILITY
10.1 Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants, both directly or otherwise. By becoming a Participant, You represent and warrant that You are at least 18 years old. By using the Gaadi Online Platform and/or the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
10.2 You represent that You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password or OTP provided by You or Gaadi Online for accessing the Services. You are solely and fully responsible for all activities that occur under account. Gaadi Online has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your account or You suspect any other breach of security, You shall do all possible to secure and prevent further any such access and You will also contact Us immediately
VERIFICATION OF IDS AND PHONE NUMBER
11.1 By accepting the terms and conditions contained herein, every Member or any person who wishes to register as a Member hereby agrees and consents to the fact that Gaadi Online collects and uses the profile information, IDs / documents belonging to them including but not limited to Driving License, Passport, Official Email Id, PAN Card and AADHAR card, Job Profile and ID or other relevant proof-of-identity documents - for the purpose of verification of the information contained in such IDs / documents by third party service providers.
SOCIAL MEDIA AND NETWORKING SITES
12.1 As part of the functionality of the Gaadi Online Platform, You may be able to login through online accounts You may have with third party service providers (each such account, a “Third Party Account”) by either:
12.2 Providing Your Third Party Account login information through the Gaadi Online Platform; or
12.3 Allowing Gaadi Online to access Your Third Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third Party Account.
12.4 You represent that You are entitled to disclose Your Third Party Account login information to Gaadi Online and/or grant Gaadi Online access to Your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by You of any of the terms and conditions that govern Your use of the applicable Third Party Account and without obligating Gaadi Online to pay any fees or making Gaadi Online subject to any usage limitations imposed by such third party service providers.
12.5 By granting Gaadi Online access to any Third Party Accounts, You understand that
12.5.1 Gaadi Online may access, make available and store (if applicable) any content that You have provided to and stored in Your Third Party Account (the “SNS Content”) so that it is available on and through the Gaadi Online Platform via Your account, including without limitation any demographic, image, friend, contacts or following/followed lists, and
12.5.2 Gaadi Online may submit and receive additional information to Your Third Party Account as indicated herein.
12.5.3 Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be Your Information (as defined below) and Your Content for purposes of this Agreement.
12.5.4 Depending on the Third Party Accounts You choose and subject to the privacy settings that You have set in such Third Party Accounts, personally identifiable information that You post to Your Third Party Accounts may be available on and through the Gaadi Online Platform.
12.6 Please note that if a Third Party Account or associated service becomes unavailable or the Gaadi Online Platform’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Gaadi Online Platform.
12.7 PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Gaadi Online makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Gaadi Online is not responsible for any SNS Content.
Gaadi Online E-MAIL, TEXT, IN-APP Notification AND WHATSAPP COMMUNICATIONS
13.1 E-mail communications, Whatsapp, In-App Notifications, In-App Chat, and text messages sent from Us or through Us are designed to make Your Gaadi Online experience more efficient and as part of usage of Gaadi Online platform and services.
13.2 By becoming a Participant, You specifically agree to accept and consent to receiving e-mail communications, Whatsapp, In-App Notification, Voice Calls and text messages initiated from Us or through Us, which include, without limitation: usage related information, new services or matching options, features of Gaadi Online, similar products and service information and any promotional offers or communications.
13.3 Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. Gaadi Online reserves the right to cancel the notification service at any time. If You do not wish to receive any of our e-mail communications, Whatsapp, In-App Notifications, voice calls or text messages, you may not use the Services and Gaadi Online platform.
YOUR INFORMATION
14.1 Your Information is any information You provide, configure, identity information, documents you upload, Location data, Routes you travel, publish or display ("post"), service usage data, your communication with other users & service providers, to the Gaadi Online Platform or send to other Users in the registration, home and office locations, or through ride creation, or in any public message area (including, but not limited to the feedback section) or through any email feature ("Your Information").
14.2 Your Information will be stored on computers controlled by Gaadi Online and for the purposes of effective use of the Gaadi Online Platform.
14.3 You consent to Us using Your Information to create a User account that will allow You to participate in all the services on the Gaadi Online Platform.
14.4 You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your online posting of Your Information.
14.5 When You use the Gaadi Online Platform, You agree to provide accurate, current and complete information as prompted by Our application input forms and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement.
14.6 You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services and you are liable for any legal actions.
14.7 You agree that Gaadi Online can use your information from time to time to analyze the data, publish the usage statistics, promotions and for providing the services and contribution to raise awareness about the benefits of the platform.
14.8 You agree to receive and validate the OTP through Phone SMS and Official Email address.
14.9 You agree to confirm your identity through various channels provided by the platform such as Adhaar, Driving License, etc., You authorize Gaadi Online platform to use third party verification services to verify the authenticity of the documents
INFORMATION CONTROL
15.1 Location data collected and provided by the Gaadi Online Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Gaadi Online, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services.
15.2 Any of Your Information, including geolocational data, You upload, provide, or post on the Gaadi Online Platform may be accessible to certain Users of the Gaadi Online Platform.
15.3 We cannot verify or guarantee the accuracy of the information Users provide Us on the Gaadi Online Platform, and We do not control the information provided by other Users that is made available through Our system. Therefore, Gaadi Online cannot and does not confirm each User’s purported identity.
15.4 You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Gaadi Online Platform. Please note that there are also risks of dealing with underage persons or people acting under false pretence. By using the Gaadi Online Platform, You agree to accept such risks and Gaadi Online is not responsible for the acts or omissions of users on the Gaadi Online Platform. You will keep Gaadi Online indemnified from any loss or damages due to such wrong information or due to wrong usage of services.
PRIVACY
16.1 Usage of Services available on the Gaadi Online platform is subject to Privacy Policy. By using Services You accept and agree to be bound and abide by the Privacy Policy. Gaadi Online reserves the right to amend Privacy Policy from time to time.
16.2 We only use Your information as described in the Privacy Policy. We view protection of users’ privacy as a very important community principle. We understand clearly that You and Your information is one of Our most important assets. We store and process Your information on computers that are protected by physical as well as technological security devices. We use third parties to verify and certify Our privacy principles.
16.3 If You object to Your Information being transferred or used in this way, please do not use or access Gaadi Online Platform Services.
PROPRIETARY RIGHTS
17.1 Gaadi Online owns and retains ownership in the Gaadi Online Platform, viz., the interface of the Gaadi Online Platform, Logo, Trade Mark, Data, Websites, Content and the Site including the source codes thereof, and all intellectual property in respect thereof therein. Contingent upon Your compliance with the terms and conditions of this Agreement, Gaadi Online hereby grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Gaadi Online Platform on
17.1.1. Any device that You own or control and as permitted by the rules prescribed by platforms such as Google’s Play Store and Apple’s App Store the Usage Rules set forth in Section 9.b. of the App Store, Play Store, Terms and Conditions (the "Usage Rules").
17.1.2. This license does not allow You to use the Gaadi Online Platform on any device, You do not own or control, and You shall not distribute or make the Gaadi Online Platform available over a network where it could be used by multiple devices at the same time. You shall not rent, lease, lend, sell, redistribute or sublicense the Gaadi Online Platform. You shall not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Gaadi Online Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Gaadi Online and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Gaadi Online that replace and/or supplement the Gaadi Online Platform
17.1.3. You warrant and represent to Us that Your Information is posted by You and that You are the sole author of Your Information. To enable the Gaadi Online Platform to use Your Information without violating any rights You might have in such information, You automatically grant, and You represent and warrant that You have the right to grant, to Us and other Participants, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights You have in Your Information and Your Content, and to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any media now known or not currently known, with respect to Your Information. Gaadi Online will only use Your Information and Content in accordance with Our Privacy Policy. You acknowledge that Gaadi Online may retain archived copies of Your Content. Gaadi Online does not assert any ownership over Your Content; rather, as between Us and You, subject to the rights granted to Us in these Terms of Service, You retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content. In addition, other Participants may post copyrighted information on the Gaadi Online Platform, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which You have been given permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information of other Participants on the Gaadi Online Platform.
INTELLECTUAL PROPERTY
18.1 All intellectual property rights on the Gaadi Online Platform and in the Services shall be owned by Us absolutely and in their entirety.
18.2 These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same.
18.3 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or such other information about the Gaadi Online Platform or the Services ("Submissions"), provided by You to Us are non-confidential and shall become the sole property of Gaadi Online.
18.4 Gaadi Online shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
19.1 Gaadi Online respects the intellectual property of others, and expects Users to do the same. If You believe, in good faith, that any materials on the Services infringe upon Your copyrights, please send the following information to Gaadi Online’s Copyright Agent at gaadionline.com., #96, 1st Floor, 3rd Cross, RJ Garden, Ashwath Nagar, Anand Nagar, Marathahalli, Bangalore - 560037.
19.2 A description of the copyrighted work that You claim has been infringed, including specific location on the Services where the material You claim is infringed is located. Include enough information to allow Gaadi Online to locate the material, and explain why You think an infringement has taken place;
19.3 A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
19.4 Your address, telephone number, and e-mail address;
19.5 A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
19.6 A statement by You, made under penalty of perjury, that the information in Your notice is accurate, and that You are the copyright owner or authorized to act on the copyright owner’s behalf; and
19.7 An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
ONLINE CONTENT DISCLAIMER
20.1 Opinions, advice, statements, offers, or other information or content made available through the Gaadi Online Platform, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us.
20.2 Under no circumstances will We be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, or transmitted to participants.
20.3 We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Services. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the "Content") that You post in the public areas of the Services and in Your private chat and e-mail messages. We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails, Conversation messages, notifications sent between You and other participants that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.
20.4 The Gaadi Online Platform contains (or You may be sent through the Gaadi Online Platform or the Services) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Sites accessed through the Gaadi Online Platform or any Third Party Applications, Software or Content posted on, available through or installed from the Gaadi Online Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Us. If You decide to leave the Gaadi Online Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which You navigate from the Gaadi Online Platform or relating to any applications You use or install from the Gaadi Online Platform.
CONFIDENTIALITY You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Gaadi Online’s business, operations and properties ("Confidential Information") disclosed to You by Gaadi Online for Your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Gaadi Online in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to Gaadi Online with regard to any Confidential Information which You can prove:
i) was in the public domain at the time it was disclosed by Gaadi Online or has entered the public domain through no fault of Yours; was known to You, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Gaadi Online;
ii) becomes known to You, without restriction, from a source other than Gaadi Online without breach of this Agreement by You and otherwise not in violation of Gaadi Online’s rights; or
iii) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Gaadi Online to enable Gaadi Online to seek a protective order or otherwise prevent or restrict such disclosure.
NO AGENCY
22.1 You and Gaadi Online are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
LIMITATION OF LIABILITY
23.1. IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH Gaadi Online, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF Gaadi Online OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF Gaadi Online OR THE SERVICES, OR INTRODUCED TO YOU VIA Gaadi Online OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, LOSS OF PRODUCTIVE TIME, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
RELEASE: In the event that You have a dispute with one or more Users, You agree to release Gaadi Online (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the Gaadi Online Platform or the Services offered on it.
BREACH
25.1 Without limiting other remedies, We may terminate Your Participation, remove Your Information, warn Our community of Your actions, issue a warning, and refuse to provide Our services to You if:
25.1.1 You breach this Agreement or the documents it incorporates by reference;
25.1.2 We are unable to verify or authenticate any information You provide to Us; 25.1.3 We believe that Your actions may cause financial loss or legal liability for You, Our users or Us, or subject Gaadi Online or You or any other User to regulation by any state or local government or regulatory agency; or 25.1.4 if We suspect that You have engaged in fraudulent activity in connection with the Gaadi Online Platform or the Services. 25.1.5 The feedback/rating from other users is low.
AGREEMENT TO ARBITRATE ALL DISPUTES AND LEGAL CLAIMS
26.1 This Agreement shall be governed in accordance with laws of India. You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Gaadi Online Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved amicably by mutual discussions, shall be submitted to binding arbitration. Disputes will be resolved by arbitration, by a single arbitrator appointed upon mutual consent by the disputing Parties, in Bengaluru, India. If the Parties fail to appoint a sole arbitrator by mutual consent then arbitrators shall be appointed in accordance with the Indian Arbitration and Conciliation Act, 1996. The Courts at Bengaluru shall have exclusive jurisdiction to settle any disputes arising out of this Agreement.
NOTICES, COMPLAINTS
27.1 Except as explicitly stated otherwise, any notices to Gaadi Online shall be given by certified mail, postage prepaid and return receipt requested to gaadionline.com., #96, 1st Floor, 3rd Cross, RJ Garden, Ashwath Nagar, Anand Nagar, Marathahalli, Bangalore - 560037., and any notices to You shall be provided to You through the Gaadi Online Platform or given to You via the email address You provide to Gaadi Online during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Gaadi Online during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
27.2 To resolve a complaint regarding the Service, You should first contact Our Customer Service Department by email at support@gaadionline.com. If you like to escalate to senior officer, send email to supportescalation@quickride.in
TERM AND TERMINATION
28.1 This Agreement is effective upon use of the Gaadi Online Platform or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users.
28.2 You may terminate Your participation in the Services at any time, for any reason upon receipt by Us of Your written or email notice of termination.
28.3 Either You or We may terminate Your participation in the Gaadi Online Platform, for any or no reason, without explanation. Upon such termination, We may retain an archived copy of records We have about You as may be required by law. We maintain sole discretion to bar Your use of the Services in the future, for any or no reason. Even after Your participation in the Gaadi Online Platform is terminated, this Agreement will remain in effect.
DISPUTE BETWEEN/WITH MEMBERS:
29.1 Notwithstanding anything contained in this agreement, Gaadi Online may at its sole discretion provide its Members with an online service for resolving inter se disputes. This service is non-binding. Gaadi Online is under no obligation to seek to resolve disputes and this Service is offered at Gaadi Onlines sole discretion and may be withdrawn at any time. Without prejudice, disputes arising between or any other matter in relation to the use of the Gaadi Online Platform between the Members shall be dealt with independently between such parties as deemed necessary.
29.2 Notwithstanding anything contained in this agreement, Gaadi Online reserves its right to suspend or terminate the account of any Member, who is found to be in breach of any of the terms of this Agreement, and render the Gaadi Online Platform inaccessible (temporarily or permanently, as the case maybe) with or without notice to such Member and without prejudice to such other legal claims that Gaadi Online may choose to agitate against such Member in breach, before an appropriate forum, at its discretion.
GENERAL
30.1 This Agreement shall be governed by the laws in India without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed severed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Gaadi Online, in Our sole discretion in accordance with the "Notices" section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and Gaadi Online with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.
PART A – Gaadi Online Carpooling Services
Section 1: General Terms:
The Gaadi Online Platform, provides Gaadi Online Carpooling Services which is a means to discover and connect people traveling in their private vehicle on the same route same time as per the individual preferences. Instead of traveling separately on individual vehicles, users can pool and reduce vehicles from the road. Users can either offer carpool/bikepool (“Carpool Givers”) or find carpool/bikepool (“Carpool Takers”). “Carpool Takers” and “Carpool Givers” are matched based on their route and time. It is clarified that the Gaadi Online Platform for Gaadi Online Carpooling Services is intended to be used only on private vehicles (Non-transport vehicles) by Carpool Givers (irrespective of the Carpool Givers being the owner of such vehicle or otherwise) who are not registered as public service vehicle/transport vehicle / taxi service provider / taxi operators. The Gaadi Online Carpooling Services is not meant for and does not in any manner permit the use thereof by Carpool Givers as Taxi service (as defined in Karnataka on-demand Transportation Technology Aggregators Rules, 2016) or use of any vehicle through the Gaadi Online Carpooling Services as a public service vehicle or contract carriage or a stage carriage vehicle [as defined under the Motor Vehicles Act, 1988 (Act No. 59 of 1988)]. For purposes of this Agreement the services relating to connecting a Carpool Giver with a Carpool Taker for private vehicle rides shall collectively be defined as the "Carpooling Services". This Agreement describes the terms and conditions that will govern Your use of and participation in the “Carpooling Services” of Gaadi Online Platform.
Please read this Agreement carefully before using the Gaadi Online Carpooling Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You use any of the Gaadi Online Carpooling Services. By using any of the Gaadi Online Carpooling Services, You become a Participant in Gaadi Online Carpooling Services and a User of the Gaadi Online Carpooling Services available on the Gaadi Online Platform ("Participant" or "User") and You agree to be bound by the terms and conditions of this Agreement with respect to such Gaadi Online Carpooling Services.
Definitions :
33.1 “Account” is the user account that needs to be created by each user of Gaadi Online for registration and usage.
33.2 “Confidential Information” shall carry the meaning as provided in Clause 38.1.
33.3 “Content” shall carry the meaning as ascribed in Clause 36.3.
33.4 “Fuel Card” refers to a system of allowing users to store fuel credits received through sharing rides on the Gaadi Online platform. Each card will be assigned to only one unique user with identifiable information to enable redemption of fuel credit points in the users account to buy fuel.
33.5 “Member” means any user of the Gaadi Online platform for Gaadi Online Carpooling Services only, who has downloaded the Gaadi Online application, and registered providing requisite data (correctness of which is the responsibility of the user herself/himself) with an express interest of Carpooling services either by offering carpool in his private vehicle or by taking carpool , becomes a member of the Gaadi Online platform. Every Member, by the very act of registering, implicitly agrees to abide by all the Terms & Conditions laid out by Gaadi Online.
33.6 “GO Giver” is an individual (registered on our platform) who is using a Ride Vehicle (Car/Bike) to travel on a particular route and at a particular time for their own purpose, and willing to share the empty seats with other like-minded persons/colleagues/professionals or such other persons, rather driving alone, with the intent to reduce the vehicles on the road and reduce traffic congestion and pollution, may share costs of ride and have no intention to earn income or reward for sharing the rides. The GO Giver or anyone claiming under or through them, shall not be registered as a driver or a public service vehicle operator /stage carrier or contract carrier or taxi operator. The GO Giver shall be legally eligible to drive the Ride Vehicle in India.
33.7 “Ride Vehicle” shall mean the vehicle (Car or Bike) intended to be used by a GO Giver for own purpose and willing to share ride with the GO Taker (as defined below), which vehicle is owned by the GO Giver and listed on the Gaadi Online Platform by such GO Giver and is not registered as a taxi, stage carrier, contract carrier, transport vehicle or public service vehicle.
33.8 “GO User” is the Individual who is looking to travel to a place at a particular time, and who is willing to join others rather taking own/adding more vehicles to congested roads. They are socially conscious and would like to prefer GO/Bikepool options than adding vehicle to road. They prefer to participate in GOing in rotation or share ride costs (Such as fuel) with GO Givers.
33.9 “SNS Content” shall mean such content as defined at other place in this document .
33.10 "Submissions" shall carry the meaning as defined at other place in this document.
33.11 “Third Party Account” shall mean such account(s) as defined at other place in this document
33.12 “Third Party Sites”, “Third Party Applications, Software or Content” shall carry the meaning as ascribed at other place in this document
“Your Information” shall carry the meaning as ascribed at other place in this document
The terms mentioned here are applicable based on role of the users for the ride.The terms applicable as per the role played for the shared ride. Terms that are not defined, shall carry their dictionary meaning.
FOR THE PURPOSES OF Gaadi Online SERVICES Gaadi Online GOING Platform DOES NOT PROVIDE PUBLIC OR PRIVATE TRANSPORTATION SERVICES, AND Gaadi Online SERVICE IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE “go GIVER” OR RIDE VEHICLE OWNER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A “go platform” CONTACTED THROUGH THE Gaadi Online GO PLATFORM, AND IT IS UP THE “GO User” TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY “GO GIVER” CONTACTED THROUGH THE Gaadi Online GO PLATFORM. ANY DECISION BY A USER (GOGIVER OR GO User) TO OFFER OR TAKE RIDE ONCE SUCH USER IS MATCHED THROUGH THE Gaadi Online GO PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. Gaadi Online GO SERVICE OFFERS INFORMATION AND A METHOD TO DISCOVER AND CONNECT “GO GIVERS” AND “GO UserS” WITH EACH OTHER, BUT DOES NOT INTEND TO AND DOES NOT PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY “GO User” BY ANY “GO GIVER” USING THE Gaadi Online GO PLATFORM. YOU AGREE THAT Gaadi Online GO PLATFORM ONLY PLAYS A TRANSIENT ROLE IN PROVIDING A TECHNOLOGICAL PLATFORM FOR CONNECTING YOU WITH A GO GIVER/ GO User, AS THE CASE MAYBE AND AS SUCH, Gaadi Online GO PLATFORM IS AND CONTINUES TO BE AN INTERMEDIARY FOR THE PURPOSES OF THE INFORMATION TECHNOLOGY ACT, 2000.
For the purposes of Gaadi Online Services, Gaadi Online represents the information platform designed and intended only for use as a platform for car by interested users to find, connect with and join other suitable users interested in sharing rides.
Sharing refers to joining (or allowing to join) another person, with a similar objective of sharing a vehicle for travel on a common route agreed by both parties, with or without using the Gaadi Online GO Services through the Gaadi Online platform. Ride-sharing may or may not be accompanied with ride cost sharing among the travelling parties details of which will need to be agreed between both parties, before they decide to ride-share. Ride Vehicle Owner (GO Giver) represents the vehicle owner who is the registered and legal owner of the vehicle - car or motorbike (i.e., 2 wheeler) that is intended to be used for the act of sharing (defined above) through the Gaadi Online platform for Gaadi Online GO Services.
GO Users joining the Ride Vehicle Owner (GO Giver) through the Gaadi Online platform for Gaadi Online GO Services, for the express intention of ride-sharing only (that may or may not include ride cost-sharing, as mutually agreed)
GO GIVER AND GO User REPRESENTATIONS, WARRANTIES AND OBLIGATIONS.
38.1 By using the Gaadi Online GO Services, the GO Giver represents, warrants the following to both Gaadi Online and any GO User and agrees that :
38.1.1 Such GO Driver is at least 18 years of age.
38.1.2 Such GO Driver possesses a valid Driving license issued by the relevant govt. authority and is authorized to operate a motor vehicle and has all appropriate licenses, approvals and authority to drive/ride the Ride Vehicles in all jurisdictions in which such GO Driver uses the GO Services.
38.1.3 Such GO Driver owns, or has the legal right to operate, the Ride Vehicle such GO Driver uses when accepting GO Users , and such Ride Vehicle is in good operating condition and meets all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
38.1.4 Such GO Driver is not registered or enrolled or in any manner recorded in any private enterprise record or public record as a taxi or a public/stage or contract carrier driver or operator and that the Ride Vehicle is not registered with any appropriate authority as a public service transportation vehicle, stage carrier/ contract carrier or tourist vehicle.
38.1.5 Such GO Driver is named or scheduled on the insurance policy covering the Ride Vehicle such GO Driver uses when accepting GO Users.
38.1.6 Such GO Driver has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such Ride Vehicle to cover any anticipated losses related to such GO Driver’s sharing of rides to GO Users.
38.1.7 Such GO Driver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the Ride Vehicle such GO Driver uses to share ride with GO Users, including, but not limited to personal injuries, death and property damages.
38.1.8 In the event of a motor vehicle accident, such GO Driver will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with such GO Driver’s insurance carrier
38.1.9 Such GO Driver will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
38.1.10 Such GO Driver will not make any misrepresentation regarding Gaadi Online, the Gaadi Online Platform, the GO Services or such GO Driver’s status as a Driver, offer or provide transportation service for profit, as a public carrier or taxi service, charge for rides or otherwise seek non-voluntary compensation from GO Users, or engage in any other activity in a manner that is inconsistent with such GO Driver’s obligations under this Agreement.
38.1.11 Such GO Driver will only accept GO Users using the Ride Vehicle that has been reported to and added on Gaadi Online GO platform.
38.1.12 Such GO Driver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
38.1.13 Such GO Driver is medically fit to drive in accordance with applicable law.
38.1.14 Such GO Driver will not demand any additional cost from the GO User other than the mutually pre-agreed cost.
38.2 The GO Driver further agrees, represents and undertakes to both Gaadi Online and a GO User:
38.2.1 That the Trip shall not be for any fraudulent, unlawful or criminal activity.
38.2.2 That they will procure for the Ride Vehicle, a insurance policy, which provides insurance cover to the occupants (including, but not limited to, GO Users / Co-Travellers) in the Ride Vehicle and covers third party liability.
38.2.3 That they will present themselves on time and at the place agreed with the specified Ride Vehicle;
38.2.4 That they will immediately inform all GO Users of any change whatsoever to the Trip.
38.2.5. If one or more GO Users have joined the ride already and the GO Driver decides to change any aspect of the Trip, the GO Driver undertakes to contact all GO Users who have made a booking in relation to that Trip and to obtain the agreement of all GO Users to the change.
38.2.6 If a GO User refuses the change, they are entitled to a full refund of GO points and without any deduction of GO points being given to the GO Driver.
38.2.7 The GO Driver self-declares that he/she complies fully with all legal requirements of owning and driving the Ride Vehicle in use with fully compliant legal documents that include, but are not limited to, a valid driving license, appropriate and valid insurance policy, appropriate registration and tax paid certificates for the vehicle, and a valid pollution-under-control (PUC) certificate.
38.2.8 The GO Driver must comply with agreed timings and reach the pickup point on time or keep the GO Users informed in case of any unforeseen delay. The GO Driver shall not deviate from the agreed route, unless under exceptional circumstances when the agreed route becomes untenable. In case of any deviation due to exceptional circumstances the GO Driver must keep the GO Users informed of any such change before the deviation, and at the earliest possible time.
38.2.9 The GO Driver agrees and undertakes to take out and maintain a insurance policy to cover third party liability, the occupants of the Ride Vehicle and the Trip offered or confirmed through the Site/Gaadi Online GO Platform.
38.2.10 The GO Driver agrees that they will, on request, provide the GO User with evidence, in advance of the Trip, of the complete validity of its insurance policy.
38.2.11 The GO Driver also undertakes to hold a valid driving license and that the GO Driver will own or will be entitled to use the Ride Vehicle and that the Ride Vehicle will have a valid PUC (Pollution Under Control) certificate and the GO User is entitled to request evidence of the GO Drivers insurance, registration certificate (log book), driving licence and PUC certificate at any time up to completion of the Trip.
38.2.12 It is the GO Drivers responsibility to ensure that their insurance provides adequate cover to Ride for the trip. It is up to each GO Driver and GO User to confirm with each other that the GO Driver & GO Users are covered by valid insurance. The GO Driver must confirm that their insurance policy allows them to carry GO Users and that their insurance policy covers all GO Users in case of any accident or incident, which may occur during a Trip.
38.2.13 The GO Driver agrees to comply all driving restrictions, road restrictions, and guidelines and follow safe driving practices.
38.3 The GO User agrees, represents and undertakes to both Gaadi Online and a GO Driver:
38.3.1 You are of age 18years and above
38.3.2 That the Trip shall not be for any fraudulent, unlawful or criminal activity.
38.3.3 That they will present themselves on time and at the place agreed with the GO Driver;
38.3.4 That they will immediately inform the GO Driver or Gaadi Online if they are required to cancel a GO.
38.3.5 That they will comply with the Good Conduct Charter at all times.
38.3.6 The GO User agrees to wait at the pickup point at the agreed time for the GO Driver to arrive.
38.3.7 That they will share the agreed ride cost with the GO Driver by using the GO point system provided on the Gaadi Online platform.
38.3.8 That they will not cancel the GO at last minute and they will agree to share their agreed ride cost, when cancelled at the last minute.
With respect to Your participation on the Gaadi Online Platform or through the Gaadi Online GO Services, You agree that You will not:
39.1. Impersonate any person or entity;
39.2. "Stalk" or otherwise harass any person;
39.3. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents or user information of Gaadi Online platform;
39.4. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
39.5. remove any copyright, trademark or other proprietary rights notices contained in the Service;
39.6. interfere with or disrupt the Services or the Gaadi Online Platform or the servers or networks connected to the Services or the Gaadi Online Platform;
39.7. post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
39.8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
39.9. "frame" or "mirror" any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Services or the Gaadi Online Platform in order to direct any person to any other web site for any purpose; or
39.10. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services or cause others to do so.
39.11. You further agree that Your Information and Your interactions for the Gaadi Online GO Services on the Gaadi Online Platform shall not:
39.12. be false, inaccurate or misleading (directly or by omission or failure to update information);
39.13. infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
39.14. violate any law, statute, ordinance or regulation;
39.15. be defamatory, trade, abusive, obscene, profane, offensive, sexually offensive, threatening, harassing, racially offensive or illegal material;
39.16. contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;
39.17. include in Your Information any telephone numbers, street addresses, last names, URL’s or E-mail addresses other than where explicitly asked for it in the Your registration and profile section;
39.18. contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
39.19. create liability for Us or cause Us to become subject to regulation as a transportation carrier or provider of taxi service; or
39.20. link directly or indirectly to any other web sites. You further agree that You will not transfer, use, or sell Your Gaadi Online account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions.
Notwithstanding anything in the foregoing, Members agree and accept that all of the information they provide to Gaadi Online when setting up their user Account and at any other time later, shall be true, correct, complete and accurate in all respects. Members also agree that any information supplied to Gaadi Online or posted on the Site in connection with any Trip, Vehicle or Car Sharing will be true, accurate and complete. Unless expressly agreed by Gaadi Online, Members are limited to one User Account per person/Member. No User Account may be created on behalf of, or in order to impersonate, another person. Gaadi Online reserves the right to suspend the account or apply penalty for the users who violate the intended use and terms and conditions.
Without prejudice to anything stated herein, the Site and the Gaadi Online GO Services are strictly limited to providing a Platform Service for GO Drivers and GO Users to connect them and help them share a car or bike in a private capacity. The Gaadi Online GO Services shall not be used to offer or accept car sharing for hire or reward or for profit or in any commercial or professional context. The Gaadi Online GO Services shall be used only to offer or accept car ride sharing in exchange for GO points to rotate GO or to share the cost of the ride between the GO Driver and the GO Users. Members are reminded that using the GO Services and offering Trips for hire or reward or in a commercial or professional capacity may invalidate a Car Owners insurance and invite adverse legal actions by the road transport authorities. Gaadi Online shall not be in for any loss or damage incurred by a Member as a result of any or breach by a Member of these Conditions including where any Car Owner (in breach of these terms) offers Services through the Site in a professional or commercial capacity (thereby potentially invalidating their insurance) and breach of any agreement between the GO Driver and the GO User. Any offering of GO rides in violation of the Conditions shall be at the sole risk such Member and Gaadi Online shall have no liability towards Members for such violations.
If the GO User or GO Driver fail to comply with any of these terms or any other Conditions Gaadi Online reserves the right to keep information relating to the breach, to publish or disclose this information on the Members online profile and to suspend or withdraw the Members access to the Gaadi Online Platform, in addition to enforcing such other rights and remedies available under law, that it may explore. You shall ensure that all other persons who accompany the GO User in the Trip comply with these Conditions as applicable to a GO User.
GO POINT SYSTEM: To support ride fuel and other expense sharing among GO Driver and GO Users , Gaadi Online GO platform has implemented “GO point system”, detailed explanation whereof is provided as Section 2 of Part A to this Agreement.
43.1 The GO Users shall link designated e-wallets at the time of creation of an Account and shall not be able to initiate/participate in a Trip/Ride without linking their respective e-wallets since the payment system as regards the sharing of costs between the GO Driver and the GO User cannot be done as cash transactions and shall only be recorded transfers via e-wallets, UPI, Debit Cards, Credit Cards and Net Banking instruments. GO User can also use GO points which he received by offering a GO as GO Driver.
43.2 Upon completion of the ride, the points shall be transferred from one person to another, as agreed between them
43.3 However, the GO Driver expressly undertakes that all GO points received shall be used either to take GOs or used only for fuel or car maintenance expenses.
43.4 If any violation is observed such as failure/refusal to share GO points agreed for a Ride etc, then the company reserves the rights to transfer GO points from GO User to GO Driver and have right to either suspend the account(s) of the user(s) or penalized up to Rs. 5000.
43.5 Gaadi Online is authorized by you to collect, the Platform Service Fees, Subscription fees, cancellation fees for cancelled rides and account maintenance fees along with the taxes applicable from the linked user wallets or accounts.
SAFETY: You are responsible for your safety with regard to the GO and/or Bikepooling undertaken using the Gaadi Online GO Services on the Gaadi Online Platform. Gaadi Online Platform for Gaadi Online GO Services is only a technology-enabled social platform that helps you to initiate, accept and undertake GO and/or Bikepooling in order to use sustainable means of commuting, reduce fuel cost, reduce stress associated with driving and reduce overall traffic on the roads. You are encouraged to use Gaadi Online responsibly and safely, Gaadi Online provides you with multiple matches based on your routes and it is up to the GO Driver and GO User to choose their GO partners.
RESTRICTED ACTIVITIES:
45.1 You agree that You will use the Gaadi Online GO Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate
45.2 Your participation in the Gaadi Online Platform will be terminated, if You have misused the Gaadi Online Platform or the Gaadi Online GO Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
45.3 GO or Bikepooling with family members with the intention of exploiting the platform and its offers is prohibited.
45.4 Gaadi Online Platform for rendering Gaadi Online GO Services is developed to permit, and can only be used to offer two (2) rides by a GO Driver and/or GO User in 24 hours of a calendar day. Any attempt to increase the number of trips by an individual either directly or indirectly (by creating alias profiles) would be deemed as a breach of these terms, warranting immediate suspension/termination of the account without any further notice.
By accepting this Agreement, you agree that:
46.1 We may obtain information about You, including without limitation the GO Driver’s driving record, location , references, Contacts, Account balance and credit information.
46.2 You hereby, expressly, and this shall be deemed to be a written consent as per the relevant laws, authorizing Us to perform a background check on You, and further agrees to provide any necessary authorization through mail, letter or fax to facilitate Gaadi Online access to the Your official driving record, references and credit information during the term of the Agreement.
46.3 You accept the terms of Gaadi Online’s Privacy Policy.
INDEMNITY
47.1 You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including:
47.2 Your breach of this Agreement or the documents it incorporates by reference; or
47.3 Your violation of any law or the rights of a third party, including, without limitation, GO Drivers, GO Users, other motorists, and pedestrians, as a result of Your own interaction with such third party,
47.4 any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
47.5 Your ownership, use or operation of a motor vehicle or passenger vehicle, including Your provision of rides to GO Users; and/or
47.6 any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
OTHER DISCLAIMERS
48.1 We, Our subsidiaries, officers, directors, employees and our suppliers provide the Gaadi Online Platform and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Gaadi Online Platform and/or the Services. We, Our subsidiaries, officers, directors, employees and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components.
48.2 We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the Gaadi Online Platform or the Services by persons under the age of 18yrs in violation of this Agreement. We are not responsible or liable in any manner for any Content posted on the Gaadi Online Platform or in connection with the Service, whether posted or caused by Users of the Gaadi Online Platform, by Gaadi Online, by third parties or by any of the equipment or programming associated with or utilized in the Gaadi Online Platform or the Services. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the Gaadi Online Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Gaadi Online Platform or in connection with any Content. Gaadi Online is not responsible for the conduct, whether online or offline, of any user of the Gaadi Online Platform or Services. It also is possible for others to obtain personal information about You due to Your use of the Gaadi Online Platform or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Gaadi Online Platform or through the Services.
48.3 You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the Gaadi Online Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users. Gaadi Online only offers a venue that enables GO Drivers and GO Users to match with each other. Gaadi Online does not offer transportation services and Gaadi Online is not a transportation company. We are not involved in the actual ride provided by GO Drivers to GO Users. As a result, We have no control over the quality or safety of the ride that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the of Participants’ information listed on the Gaadi Online Platform. We cannot ensure that a GO Driver or GO User is who he or she claims to be or that a GO Driver or GO User will actually complete an arranged service. We reserve the right to change any and all Content, software and other items used or contained in the Gaadi Online Platform and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Gaadi Online or the Gaadi Online Platform.
48.4 The Gaadi Online Platform and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Gaadi Online assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Gaadi Online is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the Gaadi Online Platform, on any web site or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.
48.5 Gaadi Online will try best to provide accurate information related to Location, Estimated time, User profiles. However it is Your responsibility to validate before using. Company will try best to make services up and running reliably however it is not an obligation and there is no guarantee provided. Gaadi Online GO Platform shall not be used in critical or important scenarios, if used it is at members discretion and liability.
CONFIDENTIALITY
49.1 You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Gaadi Online’s business, operations and properties ("Confidential Information") disclosed to You by Gaadi Online for Your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Gaadi Online in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to Gaadi Online with regard to any Confidential Information which You can prove:
49.2 was in the public domain at the time it was disclosed by Gaadi Online or has entered the public domain through no fault of Yours; was known to You, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Gaadi Online;
49.3 becomes known to You, without restriction, from a source other than Gaadi Online without breach of this Agreement by You and otherwise not in violation of Gaadi Online’s rights; or
49.4 is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Gaadi Online to enable Gaadi Online to seek a protective order or otherwise prevent or restrict such disclosure.
NO AGENCY
50.1 You and Gaadi Online are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
LIMITATION OF LIABILITY
51.1 IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH Gaadi Online, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF Gaadi Online OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF Gaadi Online OR THE SERVICES, OR INTRODUCED TO YOU VIA Gaadi Online OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, LOSS OF PRODUCTIVE TIME, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
51.2 Gaadi Online has no responsibility whatsoever for the actions or conduct of “GO Drivers” or “GO Users”. Gaadi Online has no obligation to intervene in or be involved in any way in disputes that may arise between “GO Drivers”, “GO Users”, or Third Parties. Responsibility for the decisions you make regarding providing or accepting ride sharing rest solely with You. It is each user’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the services. Gaadi Online may but has no responsibility to screen or otherwise evaluate potential users. Users understand and accept that Gaadi Online has no control over the identity or actions of the GO Drivers and GO Users , and Gaadi Online requests that users exercise caution and good judgment when using the services GO Drivers and GO Users use the services at their own risk and evaluation.
51.3 Notwithstanding anything in the foregoing and without prejudice thereto, Gaadi Online shall not be liable for any loss or damage arising as a result of:
51.3.1 False, misleading, inaccurate or incomplete information being provided by a Member;
51.3.2 The cancellation of a Trip by a GO Driver or GO User;
51.3.3 Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a GO Driver or GO Users before, during or after a Trip.
51.3.4 Gaadi Online will not be liable to any Member for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of the services provided by, or enabled through, the Gaadi Online platform (whether suffered or incurred as a result of the Gaadi Onlines negligence or otherwise).
51.4 Gaadi Online will not be liable to any Member in relation to any Ride. Given that GO Drivers are required to hold valid insurance to cover a Ride and given that Gaadi Onlines service is limited to putting GO Drivers and GO Users in touch with each other and cannot oversee any Ride, Members accept that the limitations on the Gaadi Onlines liability set out above are reasonable.
RELEASE: In the event that You have a dispute with one or more Users, You agree to release Gaadi Online (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the Gaadi Online Platform or the GO Services.
BREACH
53.1 Without limiting other remedies, We may terminate Your Participation, remove Your Information, warn Our community of Your actions, issue a warning, and refuse to provide Our services to You if:
53.1.1 You breach this Agreement or the documents it incorporates by reference;
53.1.2 We are unable to verify or authenticate any information You provide to Us;
53.1.3 We believe that Your actions may cause financial loss or legal liability for You, Our users or Us, or subject Gaadi Online or You or any other User to regulation by any state or local government or regulatory agency; or
53.1.4 if We suspect that You have engaged in fraudulent activity in connection with the Gaadi Online Platform or the Services.
53.1.5 The feedback/rating from other users is low.
AGREEMENT TO ARBITRATE ALL DISPUTES AND LEGAL CLAIMS
54.1 This Agreement shall be governed in accordance with laws of India. You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Gaadi Online Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved amicably by mutual discussions, shall be submitted to binding arbitration. Disputes will be resolved by arbitration, by a single arbitrator appointed upon mutual consent by the disputing Parties, in Rourkela, India. If the Parties fail to appoint a sole arbitrator by mutual consent then arbitrators shall be appointed in accordance with the Indian Arbitration and Conciliation Act, 1996. The Courts at Rourkela shall have exclusive jurisdiction to settle any disputes arising out of this Agreement.
NOTICES, COMPLAINTS
55.1 Except as explicitly stated otherwise, any notices to Gaadi Online shall be given by certified mail, postage prepaid and return receipt requested to gaadionline.com., #96, 1st Floor, 3rd Cross, RJ Garden, Ashwath Nagar, Anand Nagar, Marathahalli, Bangalore - 560037., and any notices to You shall be provided to You through the Gaadi Online Platform or given to You via the email address You provide to Gaadi Online during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Gaadi Online during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
55.2 To resolve a complaint regarding the Service, You should first contact Our Customer Service Department by email at support@quickride.in. If you like to escalate to senior officer, send email to supportescalation@quickride.in
TERM AND TERMINATION
56.1 This Agreement is effective upon use of the Gaadi Online Platform or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users.
56.2 You may terminate Your participation in the Services at any time, for any reason upon receipt by Us of Your written or email notice of termination.
56.3 Either You or We may terminate Your participation in the Gaadi Online Platform, for any or no reason, without explanation. Upon such termination, We may retain an archived copy of records We have about You as may be required by law. We maintain sole discretion to bar Your use of the Services in the future, for any or no reason. Even after Your participation in the Gaadi Online Platform is terminated, this Agreement will remain in effect.
DISPUTE BETWEEN/WITH MEMBERS:
57.1 Notwithstanding anything contained in this agreement, Gaadi Online may at its sole discretion provide its Members with an online service for resolving inter se disputes. This service is non-binding. Gaadi Online is under no obligation to seek to resolve disputes and this Service is offered at Gaadi Onlines sole discretion and may be withdrawn at any time. Without prejudice, disputes arising out the Ride between GO Driver(s) and GO User(s) or any other matter in relation to the use of the Gaadi Online Platform between the Members shall be dealt with independently between such parties as deemed necessary.
57.2 Notwithstanding anything contained in this agreement, Gaadi Online reserves its right to suspend or terminate the account of any Member, who is found to be in breach of any of the terms of this Agreement, and render the Gaadi Online Platform inaccessible (temporarily or permanently, as the case maybe) with or without notice to such Member and without prejudice to such other legal claims that Gaadi Online may choose to agitate against such Member in breach, before an appropriate forum, at its discretion.
GENERAL
58.1 This Agreement shall be governed by the laws in India without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed severed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Gaadi Online, in Our sole discretion in accordance with the "Notices" section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and Gaadi Online with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.
Section 2: Payment Terms
Gaadi Online platform for the purposes of Gaadi Online GO Services provides the option to measure the GO contribution by each user through GO Point system. The “GO Driver” when he offer the ride to “GO User”, he gets points as per the distance shared. The points can be used to take GO or to redeem for fuel. The point system will help drive the rotational GO among large group of users or splitting and sharing of ride costs.
Gaadi Online for the purposes of Gaadi Online GO Services works on a GO points system where points are transferred from GO User to GO Driver through the Gaadi Online application. Cash cannot be used as a mode of payment for successful rides and hence, Gaadi Online has enabled following modes of payment for GO Users:
Linked existing prepaid wallets (Paytm, etc.) to the Gaadi Online registered account of the GO User - Upon completion of ride, points will be debited from linked wallet of the GO User
Pay later with Simpl - GO User can avail of 'pay later' service offered by Simpl, on the Gaadi Online platform - GO User can link their Simpl account with the Gaadi Online account and choose to make payment for their rides within the due date set forth by Simpl.
Redemption of GO points by the GO Driver is either through semi-closed PPI issued by Paytm, Amazon Pay, Sodexo, etc. (either instant or periodic) or closed-loop petro cards by Shell / HP / Indian Oil that can only be utilised for purchase of fuel or Car Maintenance expenses.
For the purposes of Gaadi Online GO Services, in the event that the redemption of points is through semi-closed PPI, the GO Driver has to undertake (by way of affidavit or self-declaration) that the amounts credited in the wallet will be used only for the purposes of fuel, service/ vehicle maintenance and insurance costs. Once the amount is credited to the opted wallet, it will be governed by the terms and conditions of that wallet company. Gaadi Online at its discretion may monitor the usage of the amounts so credited for the purposes of fuel as declared by the GO Driver but is under no obligation to do so.
For the purposes of Gaadi Online GO Services, Gaadi Online reserves the right to decide the fees such as Platform Service Fees, Subscription Fees, and Inactive User Account Maintenance Fees etc. as applicable to run the Gaadi Online Application. The user agrees to pay these fees by agreeing to the terms and conditions.
Other Payment Terms for the purposes of Gaadi Online GO Services:
Ride Sharing Points. Ride Sharing Points are displayed to GO User before joining ride. GO User agrees to give to GO Driver. Gaadi Online reserves the right to cap the number of points for a ride
Cash prohibited. All GO points transfer made by “GO User” to “GO Driver” shall only be made through the Gaadi Online Platform. Cash Payments are strictly prohibited.
GO Driver agrees to redeem the points earned by offering ride is only for the purposes of vehicle maintenance like fuel, service and insurance costs. User agree not to redeem any points that shall exceed the vehicle maintenance costs for the rides GOed
Administrative Fee. Gaadi Online receives an administrative fee of 9% or a minimum of 2 rupees (the "Administrative Fee" or “Platform Fees” or “Service Fees”) for each ride shared towards the cost of technology, services, infrastructure and support. . Gaadi Online may change its Administrative Fee as we deem necessary for our business.
Subscription Fees. Gaadi Online may charge you the periodic subscription fees for usage of the Gaadi Online platform
Account Maintenance Fees : Gaadi Online may charge you the periodic Account maintenance fees for usage of the Gaadi Online platform.
All payments made are non-refundable. This no-refund policy shall apply at all times regardless of a GO User’s decision to terminate usage of Gaadi Online, our decision to terminate a GO User’s usage, disruption caused to our Services either planned, accidental or intentional, or any other reason whatsoever
Promotional Offers. Gaadi Online, at its sole discretion, may make available promotional offers with different features to any of our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract.
Facilitation of Payments. All Charges, as applicable, shall be facilitated through standard payment gateway., Gaadi Online’s third-party payment processing services.
Gaadi Online platform should not be used for moving money between wallets and for any financial transfers or for any money laundering activities.
Gaadi Online as a platform shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, by payment gateway services.
PART B – Gaadi Online Taxi Services
Gaadi Online Platform offer Taxi hailing services to its users. Following terms and conditions are applicable for the users who avail the Taxi hailing services from Gaadi Online.
DEFINITIONS
Applicable Law: refers to the laws of India.
User/You/Your: for the purposes of this Part B, a person aged above 18 years who access the QuickRide Platform or use the Gaadi Online Taxi Services.
Mobile Application: refers to the mobile application “Gaadi Online App published on Google play store and Apple App store” and as updated by the Company from time to time.
Company/Gaadi Online Taxi/Us/We/Our: shall mean Idisha Info Labs Private Limited, a private limited company duly incorporated under the Companies Act, 2013 and having its registered office address at No.96, R J Garden, Marathahalli, Chinnapanahalli, Rourkela KA 560037 India.
Service Fee/Platform Fee: for the purposes of this Part B, refers to the fee payable by the User to the Company for the Gaadi Online Taxi Service.
Drivers/Driver / Driver Partner: refers to third party individuals or companies or an aggregator or such other person that offers their Transport vehicle (including taxi, auto) with requisite permit and licenses for transportation services on the Gaadi Online Platform;
Ride Fare GST : Refers to the 5% GST on the actual Ride fare, excluding Tolls, Parking, etc.,
Driver Commission : The commission charged by the Gaadi Online from Driver Payment.
Commission GST : Refers to the 18% GST that is applicable on Platform Service Fee and Driver Partner Commission.
Website: refers to the website maintained by the Company at www.quickride.in;
Gaadi Online Taxi Service: Refers to the Taxi services provided by the company for the users through the App and Website
Transportation Service: refers to the service provided by Drivers.
Transportation Fee / Ride Fare : refers to the fee payable by user for Transportation Service.
Total Fee: refers to the Service Fee, Transportation Fee, Taxes, Waiting Charges, Extra pickup distance fare, Tolls and such other applicable fees or charges payable by the User.
Gaadi Online Taxi Driver: Gaadi Online Taxi Driver Service with a brand name
Transport Vehicle : Taxi or Auto registered for commercial use
Please read this Agreement carefully before using the Gaadi Online Taxi Services . You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You use any of the Gaadi Online Taxi Services . By using any of the Gaadi Online Taxi Services , You become a Participant in Gaadi Online Taxi Services and a User of the Gaadi Online Taxi Services available on the Gaadi Online Platform ("Participant" or "User") and You agree to be bound by the terms and conditions of this Agreement with respect to such Gaadi Online Taxi Services .
USER ACCOUNT
You are required to register an Account to access the Gaadi Online Platforms and avail any of the Services using a mobile number verified with OTP.
You must comply with the following policy relating to usage of the Account:
Provide accurate, current and complete information during the registration process and keep your account information up to date at all times.
Do not register more than one (1) account.
You cannot assign or otherwise transfer your account to another entity or person.
You are liable for any and all activities conducted through your account. You must immediately notify the Company if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account.
You shall ensure that the information provided at the time of registration or otherwise is accurate, complete, and valid. The Company shall bear no liability for false, incomplete, old or incorrect information provided by you.
We reserve the right to suspend or terminate your Account with immediate effect and for an indefinite period, if the Company has a reason to believe that the Registration Data or any other information provided by you is false or for any other reason or for any other reason whatsoever.
In case of unauthorized use, whether suspected or actual, of the Account please immediately reach the Company at support@quickride.in make a written request for blocking Your Account. We will not be liable for any unauthorised transactions made through your Account prior to the expiry of 72 (seventy-two) hours after you have made a request in writing for blocking your Account.
SERVICES
4.1 The Company operates a technology platform under the brand name “Gaadi Online” that offers Services to enables Users (1) to avail transportation from the Drivers who are listed on “Gaadi Online Taxi Platform” and (2) make payment for such services. The Company is not a transportation carrier. All transportation service is provided by Drivers. The Company is a technology platform to connect Users with the External Transportation Service Providers.
4.2 The Mobile Application permits you to avail the transportation services offered by the Drivers. Through the Mobile Application, you may submit the booking request. Your request is broadcasted to selected nearby drivers. The Driver has sole and complete discretion to accept or reject each booking request for Transportation Service. Once any of the Drivers accepts a request, Gaadi Online Taxi will notify you and provide the Driver’s profile details.
CONDITIONS RELATING TO USE OF SERVICES By using the Gaadi Online Platform or Gaadi Online Taxi Service, you agree to be bound by the following conditions:
You will only use the Gaadi Online Platform and your Account for your personal use and will not resell or assign it to a third party;
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 Gaadi Online Taxi Service or Gaadi Online Platform for unlawful purposes;
You will not try to harm the Gaadi Online Taxi Service, Gaadi Online Platform or our network in any way whatsoever;
You will only use an authorized network to avail the Gaadi Online Taxi Service or access the Gaadi Online Platform;
You are aware that when requesting Gaadi Online Taxi Services, whether by message, via Gaadi Online Platform or calling the call center of Gaadi Online, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply;
You will comply with all applicable law from your country state and/or city in which you are present while using the Gaadi Online Platform or Gaadi Online Taxi Service;
You shall promptly inform Gaadi Online Taxi on any change in the information provided by You; and
Gaadi Online Taxi reserves the right to immediately terminate your access to the Gaadi Online Taxi Service and the use of the Gaadi Online Platform in the event of non-compliance with any of the above requirements listed in (a) to (h)
Company does not guarantee the Gaadi Online Taxi Service and the availability of the Gaadi Online Taxi Services is influenced by several internal and external factors which may or may not be within the control of Gaadi Online Taxi and Gaadi Online Taxi shall not be held liable or obliged to indemnify You for any failure to provide the Gaadi Online Taxi Service by Gaadi Online Platform or by any of the Driver Partner on the platform.
AUTHORIZATION RELATING TO USE OF SERVICES
You authorize the Company and its employees, to provide information regarding Services, discounts and promotions by way of an App Notification, WhatsApp, SMS, Voice call or email to Your registered device or registered mobile number or registered email ID.
Gaadi Online Taxi will be entitled to process and transfer your information as per the Privacy Policy.
You agree and permit Gaadi Online Taxi to share any information provided by you with third parties in order to facilitate provision of certain value-added Services offered by such third parties to you or to provide certain value-added services to you by Gaadi Online Taxi.
You hereby expressly consent to receive communications from Gaadi Online Taxi or third parties offering value-added services to you through your registered phone number and/or e-mail id and/or WhatsApp, Voice call, App notification from the Gaadi Online Taxi Platform.
You agree that you will not hold Gaadi Online Taxi responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of your registration on the national do not call registry.
BOOKING
Gaadi Online Taxi, upon receiving the booking request from the User will proceed to confirm or decline the booking based on the availability of Driver at the pickup time, which shall be informed to you through an SMS or push notification or email.
In the event the booking is confirmed, you shall confirm the correctness of the booking details including but not limited to pick up time and pick up place. If there are any discrepancies in the booking confirmation, the User is required to immediately inform the Company by calling our call centre or by updating the booking request on the Gaadi Online Taxi Platform
You shall bear the consequences and damages for any delay that may be caused due to your failure to check the confirmation SMS or notification or email or failure to inform Gaadi Online Taxi of the incorrect details immediately.
PAYMENT
Gaadi Online Taxi shall charge Service Fee which shall be notified to you while booking.
You shall be required to pay such cancellation fee in terms of Company’s rates, if you cancel the Taxi booking, within 60 mins of pickup time or once driver started to pickup location.
The Total Fee including Ride Fare, Service Fees, Applicable Toll Charges, Parking Charges ,Waiting charges and Taxes will be collected on the Gaadi Online Taxi Platform from You at the end of the ride and You agree to pay the entire Total Fee without any deductions whatsoever.
Gaadi Online Taxi shall provide a receipt of the Total Fee and applicable taxes payable by You at the end of the ride in the app or through registered email id when requested.
You shall choose to pay for the Total Fee by either of the listed methods on the Gaadi Online Taxi Platform or by cash given to Driver Partner.
Your use of the online payment methods available on the Gaadi Online Taxi Platform will be subject to the terms, conditions, and privacy policies of the payment merchant that you use to pay the Total Fee. Gaadi Online Taxi will not be responsible for any errors by the payment merchants in any manner whatsoever.
Any payment-related issue, except when such issue is due to an error or fault in the Gaadi Online Taxi Platform, shall be resolved between You and the payment merchant. Gaadi Online Taxi will not be liable to make any refund to you on any condition whatsoever.
The estimated total fare is shown at the time of booking. However the Total Fare payable at the end may vary and it is subject to the route taken, total ride time taken, tolls applicable, etc., The Total fare at the end may vary and You agree to pay the Total fare as applicable completely.
In the event of a breach of any of the terms of this Agreement, including damaging the Taxi, Driver’s property or causing bodily harm, You shall be liable to pay such amounts finally decided by Gaadi Online Taxi which shall be in addition to the Total Fee payable.
USER VIOLATION OF TERMS You shall not smoke and drink in the Vehicles or misbehave with the Driver or distract the Driver or act in violation of the Applicable Law. You agree that you shall not use the Gaadi Online Taxi Services for transport of unlawful goods, human trafficking, dangerous material, explosives, etc. In the event You are found to be involved in the activities set out above or a complaint is raised by the Driver against you, You shall be liable to pay a fine to us and we shall also have the right to terminate the ongoing ride. In the event You fail to pay fine, Gaadi Online Taxi is entitled to take all such steps, including but not limited to blacklisting you from Gaadi Online Taxi Platform, and take available remedies as may be available to us under the Applicable Law. You will also indemnify the driver and Gaadi Online Taxi for any loss incurred by Us and the Driver on account of Your action or inaction in relation to violation of the terms.
USER COMPLAINTS. All issues, opinions, suggestions, questions and feedback while availing our Gaadi Online Taxi Services shall be communicated to us through email on support@quickride.in. Reporting of any issue needs to be within 12 hours of the happening of the issue, failing which, such issue may not be addressed. Gaadi Online Taxi takes no liability for inability to get back on other channels except through the email address provided herein. Company decide to address / not address any issue at its own discretion. If your issue is not resolved and if you want to escalate, you can do so by writing to supportescalation@quickride.in
FORCE MAJEURE We shall not be liable for any failure to perform any obligations under the Terms either by Gaadi Online Taxi or by the Drivers, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under the Terms shall be suspended for so long as the Force Majeure Event continues.
INDEMNIFICATION By accepting these Terms and using the Service, You agree that You shall defend, indemnify and hold Gaadi Online Taxi, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents and the Drivers harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any of the Terms contained herein or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party (c) Your use or misuse of the Gaadi Online Taxi Platform or Gaadi Online Taxi Service.
LIMITATION OF LIABILITY
You agree that Gaadi Online Taxi is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. Gaadi Online Taxi also does not guarantee or provide assurance in respect of the behaviour, actions or data of the Drivers posted on the Gaadi Online Taxi Platform.
You agree that Gaadi Online Taxi shall not be held liable for any misbehaviour or violation of the Driver and that therein guarantee in relation to the type of vehicle, the cleanliness of the vehicle and other permits that must be obtained by the Driver.
You acknowledge that the Service and Gaadi Online Taxi Platform is provided on “as is” basis and that it is possible that interruptions or degradation of its quality or disturbance of the Service may be caused by any cause, within or beyond our control. In any such an event, without any attribution to implied warranties, the Company’s liability shall be limited to exercising reasonable efforts to restore the Service as soon as possible, if possible.
All images, audio, video and text in the Gaadi Online Taxi Platform and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
The Company shall not be liable for any loss or damage (including direct or indirect damage or other damages, loss of revenues, profits or business) which You may sustain due to any interruption in the availability of the Service/ Gaadi Online Taxi Platform or any degradation or deterioration of the Service or due to the inability of the Company to restore the Service.
Gaadi Online Taxi shall not be liable for You missing trains/flights/events or delays etc. as the Service is dependent on many factors not in Gaadi Online Taxi’s control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions, natural calamities, traffic barricades, car breakdowns and other unexpected delays, breakdowns, etc.
In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, Gaadi Online Taxi shall only endeavour to get You in touch with the Driver assigned for the ride.
You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, Gaadi Online Taxi will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same.
We shall not be liable for any indirect or consequential damages, losses, or faults of any nature whatsoever including but not limited to loss of revenues, profits or business, from breach of contract, or in tort. In no event shall the total aggregate liability of the Company for any damages, losses, and causes of action arising from use of the Gaadi Online Taxi Platform or the Services exceed in the aggregate Rs. 500/- (Rupees five hundred Only).
INDEMNITY
You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service always in all situations
NO AGENCY
You and Gaadi Online are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH Gaadi Online, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF Gaadi Online OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF Gaadi Online OR THE SERVICES, OR INTRODUCED TO YOU VIA Gaadi Online OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, LOSS OF PRODUCTIVE TIME, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
RELEASE: In the event that You have a dispute with one or more Users, You agree to release Gaadi Online (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the Gaadi Online Platform or the Taxi Services.
BREACH
Without limiting other remedies, We may terminate Your Participation, remove Your Information, warn Our community of Your actions, issue a warning, and refuse to provide Our services to You if:
You breach this Agreement or the documents it incorporates by reference;
We are unable to verify or authenticate any information You provide to Us;
We believe that Your actions may cause financial loss or legal liability for You, Our users or Us, or subject Gaadi Online or You or any other User to regulation by any state or local government or regulatory agency; or
if We suspect that You have engaged in fraudulent activity in connection with the Gaadi Online Platform or the Services.
The feedback/rating from other users is low.
AGREEMENT TO ARBITRATE ALL DISPUTES AND LEGAL CLAIMS
This Agreement shall be governed in accordance with laws of India. You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Gaadi Online Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved amicably by mutual discussions, shall be submitted to binding arbitration. Disputes will be resolved by arbitration, by a single arbitrator appointed upon mutual consent by the disputing Parties, in Rourkela, India. If the Parties fail to appoint a sole arbitrator by mutual consent then arbitrators shall be appointed in accordance with the Indian Arbitration and Conciliation Act, 1996. The Courts at Rourkela shall have exclusive jurisdiction to settle any disputes arising out of this Agreement.
NOTICES, COMPLAINTS
Except as explicitly stated otherwise, any notices to Gaadi Online shall be given by certified mail, postage prepaid and return receipt requested to gaadionline.com., #96, 1st Floor, 3rd Cross, RJ Garden, Ashwath Nagar, Anand Nagar, Marathahalli, Bangalore - 560037., and any notices to You shall be provided to You through the Gaadi Online Platform or given to You via the email address You provide to Gaadi Online during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Gaadi Online during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Service, You should first contact Our Customer Service Department by email at support@quickride.in. If you like to escalate to senior officer, send email to supportescalation@quickride.in
TERM AND TERMINATION
This Agreement is effective upon use of the Gaadi Online Platform or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users.
You may terminate Your participation in the Services at any time, for any reason upon receipt by Us of Your written or email notice of termination.
Either You or We may terminate Your participation in the Gaadi Online Platform, for any or no reason, without explanation. Upon such termination, We may retain an archived copy of records We have about You as may be required by law. We maintain sole discretion to bar Your use of the Services in the future, for any or no reason. Even after Your participation in the Gaadi Online Platform is terminated, this Agreement will remain in effect.
AMENDMENT TO TERMS Gaadi Online Taxi reserves the right, at its sole discretion, to modify or replace, in part or full, any of these Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Gaadi Online Taxi Platform at any time. Gaadi Online Taxi shall not be required to notify You of any changes made to these Terms. The revised Terms shall be made available on the Gaadi Online Taxi Platform. It shall be Your responsibility to check these Terms periodically for changes. Your continued use of the Gaadi Online Taxi Platform, following the changes to the Terms, will constitute Your acceptance of those changes. Your use of the Gaadi Online Taxi Platform and the Services is subject to the most current version of the Terms made available on the Gaadi Online Taxi Platform at the time of such use.
PART C – Bazaary Services
The Company operates a technology platform under the brand name “Bazaary” in the “Gaadi Online” platform that enables Users (1) to Sell or rent their used products/goods (2) to buy and take on rent the Products or services from other users.
Bazaary acts as a platform to allow users who comply with the terms contained herein below to offer, sell and buy products and services listed on Bazaary.
Although the Bazaary platform is used to conduct transactions, Bazaary is not a party to any of the transactions conducted on the Bazaary platform and has no liability to any party in connection with such transactions.
The Bazaary platform does not control and is not responsible for ads, listings/information, images, photos, videos and any other means of electronic communication from outside of the Bazaary platform.
The Bazaary platform shall not be responsible for any loss that You would incur by using the Bazaary platform.
Any content posted on Bazaary platform is not sanctioned by the Company, but the Company shall have the absolute right to delete any content posted on the platform for violating the terms contained herein, or any reason or no reason at all. The Company reserves the right to delete any content without any prior notice.
In connection with any content that You post on the platform, you hereby affirm, acknowledge, represent and warrant that:
You would be responsible for all the content that You post on the Bazaary platform and any consequences that arise from such act of posting on the platform.
Have the necessary licenses, rights, consent and permission to use the platform for such time the content that You posted on the platform is available.
The ownership of the content is with You, and by posting the content on the Bazaary platform, the Company shall have an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the platform, including but not limited to the purpose of promoting and redistributing a part of all of the content on the platform.
You would not post any content on the Bazaary platform:
That is in violation of any law or regulation;
That is protected by any intellectual property rights of any person or is subject to third party proprietary rights, including privacy and publicity rights, except when You are such owner of the right or are permitted to use such content through permission or license from the rightful owner;
That is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, in any way unlawful, inconsistent, or contrary to the laws;
That is discriminatory or hateful towards any individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
That threatens the security and sovereignty of India;
That is false, deceptive, misleading, deceitful and misinformative;
That constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
That offers illegal service or contains any sale of items which are illegal, prohibited or restricted by law;
That has any virus or malware in the file that is intended to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
You also hereby grant each user of the platform;
a non-exclusive license to access Your content through the Bazaary platform, and
the right to contact You with regard to the Content posted by You through private chat or any other means.
The foregoing license to each user granted by You terminates once You or the Company removes or deletes such content from the Bazaary platform.
You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks.
Bazaary prohibits any activity that infringes copyright or any other intellectual property rights on the platform and the Company may remove any content that is found to be infringing of any intellectual property rights at its sole discretion.
The Company does not endorse any content that is posted on the Bazaary platform and disowns any and all liability with regards to the content posted on the platform.
The Company may also remove any user from the Bazaary platform if they are found infringing any of the terms contained herein.
The Company has the sole discretion to decide whether any content posted on the Bazaary platform is appropriate and complies with the terms contained herein.
The Bazaary platform may display certain trademarks belonging to third parties, the use of which may be subject to the license granted by third parties to the Company.
The materials on the Bazaary platform are for Your information only and may not be used to be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Bazaary platform or features that prevent or restrict the use or copying of any materials or enforce limitations.
The content displayed on or through the Bazaary platform is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions.
You agree to pay the service fees to Gaadi Online for the transactions you do on Bazaary.
Bazaary only facilitate the opportunity to post information, see information and contact each other. Bazaary doesn’t validate the quality and accuracy of information. It is the responsibility of Buyer / Seller to validate and use their discretion to do transactions.
You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Bazaary Services
The Company shall not be liable for any loss or damage sustained by reason of any disclosure of any information regarding online transactions using credit cards/debit cards and/or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
You hereby agree to comply with the requirements of the Information Technology Act, 2000, rules, regulations, guidelines, bye-laws and notifications made thereunder, while accessing the Bazaary services on Gaadi Online platform.
PART D – Quick Jobs Services
The Company operates a technology platform under the brand name “Quick Jobs” in the “Gaadi Online” platform that enables Users (1) to seek referral for Jobs from other users (2) to post Job requirements so other candidates can apply (3) for enterprises to shortlist resume and hire candidates
The Quick Jobs platform is only a medium of contact and exchange of information for its users the purposes related to job vacancies.
Since the Quick Jobs platform is a website with free access, the Company has no liability for the quality and genuineness of responses. The Company will not be liable to monitor the responses received or may receive. The Company does not run any background checks on any user of the Quick Jobs platform.
You give us permission to use the content that You have posted on the Quick Jobs platform. The Quick Jobs platform displays such content as it is. The Company uses the data and information about You to make relevant suggestions and recommendations.
You have an obligation to provide true and correct information and in the case of creating a profile you undertake to at all times keep the information up to date.
The Company shall not be liable for any inaccuracy of information found on the Quick Jobs platform.
Any breach of privacy or of the information provided by You to the Company to be displayed on the Quick Jobs platform would not be the responsibility of the Company. The Company does not guarantee confidentiality of information provided to it by any person using the Quick Jobs platform.
You undertake to use the Quick Jobs platform for Your own purposes. Using content from Quick Jobs platform for derivative works with a commercial motive without prior written consent from the Company is strictly prohibited.
The Company shall not be liable for any loss or damage sustained by reason of any disclosure of any information regarding online transactions using credit cards/debit cards and/or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
Company charges a Platform Fees for providing you the access to the Quick Jobs Services. Company reserves the right to modify the charges from time to time.
You hereby agree to comply with the requirements of the Information Technology Act, 2000, rules, regulations, guidelines, bye-laws and notifications made thereunder, while accessing the Quick Jobs platform.
DRIVER TERMS AND CONDITIONS:
THIS FOLLOWING DRIVER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH Gaadi Online, OFFERS YOU ACCESS TO THE Gaadi Online PLATFORM.
The Website and Mobile Application (jointly referred as the “Gaadi Online Driver Platform”) are owned and operated gaadionline.com(the “Company”). Please read the Terms and Conditions (“Terms”) carefully before using the Gaadi Online Taxi Driver Platform as they constitute a legally binding agreement between you and the Company.
By accessing or using the Gaadi Online Taxi Driver Platform or any Service provided on or through the Gaadi Online Taxi Driver Platform you agree to comply with and be bound by these Terms along with the Privacy Policy of the Company and any amendments to these policies. If you do not agree to these Terms, you may not access or use the Gaadi Online Taxi Driver Platform or the Services. These terms expressly supersede prior oral or written agreements or arrangements with you. By confirming with the “I agree” option on the Mobile Application, you are consenting to be bound by this agreement and any amendments from time to time.
Part A: General
1. DEFINITIONS.
Applicable Law: refers to the laws of India.
Account: shall mean the user account created on the Gaadi Online Taxi Driver Platform by the User;
Company/Gaadi Online Taxi Driver/Us/We/Our: shall mean a private limited company duly incorporated under the Companies Act, 2018 and having its registered office address at Civil Township,1St Floor, Rourkela 769006 India.
Customers: refers to the passengers who avail Transportation Service on or through the Gaadi Online Taxi Driver Platform.
User/You/Your: refers to individual driver, taxi driver, taxi owner, taxi service provider or taxi operator, having all required and valid licenses under the Applicable Law, who provides vehicle on hire being a car, autorickshaw or a motorbike, and is desirous of listing itself and/or its fleet of vehicles on the Gaadi Online Taxi Driver Platform, so as to provide Transportation Services through his vehicle to the Customers.
Mobile Application: refers to the mobile application “Gaadi Online Taxi Driver App” listed on Google play store and/or IOS app store and as updated by the Company from time to time.
Service Fee/Ride Fees/Trip Fees: Refers to the fee payable by the Customers to the Company for the Service which shall include all ride fees, distance fees, taxes, toll charges, surcharges and any other amounts due and payable by the Customer.
Service: refers to the maintenance of the Gaadi Online Taxi Driver Platform and for facilitating transportation services between Customers and User.
Transportation Service: refers to the service provided by Users.
Website: refers to the website maintained by the Company at Gaadi Online Taxi Driver.in, quickride.in and any other registered domains
Gaadi Online Taxi Driver Platform: refers to the Mobile Application and Website operated by the Company which allows Users to provide Transportation Services to Customers. .
Platform Fees / Commission / Convenience Fees : Refers to a portion of the Service Fee that the Company is entitled to retain or for You to pay the Company as a fees for providing the Service as notified to you on the Mobile Application from time to time and governed by the terms under Annexure A. .
2. SERVICE
The Company owns and operates an online marketplace and an online booking platform referred to as the “Gaadi Online Taxi Driver Platform” that lists and aggregates the taxi providers and motorcabs registered with it
Gaadi Online Taxi Driver is a technology platform that enables You to access its Mobile Application or Website to connect with Customers who may want to avail the transportation service provided by You. Gaadi Online Taxi Driver through the Gaadi Online Taxi Driver Platform service is an aggregator and not a transportation carrier and transportation service is provided by You .
Gaadi Online Taxi Driver is a merely a technology partner/platform for You.
Gaadi OnlineTaxi Driver does not guarantee any minimum number of trips and minimum earning for you.
Gaadi Online Taxi Driver does not guarantee that the Mobile Application will function on any particular hardware or devices.
Gaadi Online Taxi Driver reserves the right to suspend/resume the Gaadi Online Taxi Driver Platform. It is understood the account is active unless explicitly closed by You, following account closure as per these terms.
3. ELIGIBILITY CRITERIA FOR DRIVERS.
You are only eligible to sign up to provide transportation service on the platform provided by Gaadi Online Taxi Driver if You fulfil the following conditions:
Above the age of 18;
holder of a licence to drive light motor vehicles (transport) and the holder of a badge to drive motor cabs;
minimum driving experience of two years;
you are a resident of the State you are going to provide service for a minimum period of two years;
You have the working knowledge of Local state’s regional language and any one other language, preferably English;
no past criminal record;
holder of Know Your Customer (“KYC”) compliance bank account in accordance with the norms prescribed by Reserve Bank of India.
You agree to behave in a civil and orderly manner with the Customers or intending Customers and shall not indulge in any touting activities or force or compel customers to use any services.
You state that You have not been convicted within the past seven years, for the offence of driving under the influence of drugs or alcohol, or any cognizable offence under the Criminal Procedure Code, 1973, 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.
You agree to follow all the rules and regulations enacted by the State and Central government including the applicable rules under the Motor Vehicles Act, 1988 and an applicable state specific regulations. For the state of Karnataka, you specifically agree to be compliant with the Karnataka Traffic Control Act, 1960 and Karnataka On-Demand Transportation Technology Aggregators Rules, 2016.
You are not permitted to provide Your service beyond the maximum number of hours as stipulated under Motor Transport Workers Act, 1961 (Central Act No. 27 of 1961).
4. ELIGIBILITY CRITERIA FOR VEHICLE.
You state that the vehicle/car used by You to provide transportation service to Customers and registered on any of the Gaadi Online Taxi Driver platforms meets the following eligibility criteria:
obtain, renew and keep at all times a valid contract carriage permit issued under Section 74 or under sub-section (8) of Section 88 of the Motor Vehicles Act, 1988;
have a display board inside the taxi containing vehicle permit and the driver's details such as photograph, name, Driving licence and badge particulars and ID card issued by Police Authorities. The display board shall be clearly visible to the Customers in the taxi;
be capable of being tracked continuously with GPS/GPRS facility with a provision of a panic button for the use of the passengers, capable of alerting the control room of Gaadi Online Taxi Driver as well as local Police without any hindrance or interference by the You;
be fitted with single integrated GPS/GPRS capable vehicle tracking unit with printer, display panel and digital fare meter, as per the specifications detailed in Appendix-II of the Karnataka On-Demand Transportation Technology Aggregators Rules, 2016 , capable of generating a printed receipt to be given to the passengers; and
be fitted with an yellow coloured display board with word "Taxi" visible both from the front and the rear. The board shall be capable of being illuminated during the night hours.
You have a valid registration certificate that is currently in force throughout the period that you are a User.
You have the required insurance coverage for the vehicle, as mandated under law and shall be renewed and maintained as valid throughout the period that you are a User.
You will also keep all other registrations or licenses required under the Motor Vehicles Act, 1988 that are required to use the vehicle as a contract carriage including the pollution certificate, the fitness certificate and such other certificates as are applicable.
5. ACCOUNT.
You are required to sign up by creating a driver Account on the Gaadi Online Taxi Driver Platform and submit the necessary documents required under Part C. You represent and warrant that all the documents are true and accurate and up to date. In the event of any change, You shall promptly inform the Company to be eligible to be a User. If You are in violation of this Clause 5, the Company reserves the right to delete your account and You shall be liable to indemnify the Company and the Customer, as applicable.
You are only eligible to create an Account (i) if You are above the age of 18 years (ii) willing to share Your personal information including Your name, address, mobile phone number and age and (iii) meet the eligibility criteria prescribed in these Terms. You are solely responsible for the accuracy of this information and required to update any changes thereto. You may be required to provide identification card for verification purposes. You also agree that any information supplied to Gaadi Online Taxi Driver or posted on the Gaadi Online Taxi Driver Platform in connection with any trip, vehicle or car sharing will be true, accurate and complete.
You will be liable for any inaccuracy, false or fraudulent information to Gaadi Online Taxi Driver and Customers .
You are solely responsible for all activity that occurs under Your Account and will be held liable for any misuse of Your Account. You are strictly not permitted to authorize any third parties to use, assign or transfer Your Account. You are required to use the Account only for lawful purposes and ensure that Your conduct does not create nuisance or annoyance to the Customers.
Your mobile network’s data and messaging rates and fees may apply if You access or use the Mobile Application and You shall be responsible for such rates and fees. You agree that Gaadi Online Taxi Driver and/or the Customer may send You SMS, WhatsApp messages, emails and calls in relation to offers, trip details, Customer queries.
If you have agreed to undertake a ride for a Customer on the Platform, you will respond to the calls or messages of the Customer promptly and in a courteous, respectful and clear manner.
6. PAYMENT TERMS.S
a. You understand that Gaadi Online Taxi Driver will charge Platform Fee for the use of the Services provided on the Gaadi Online Taxi Driver Platform. You are liable to pay or Gaadi Online Taxi Driver will deduct the prevailing fee as our Platform Fee calculated according to the policy of Gaadi Online Taxi Driver which will be communicated to You. You are required to keep yourself updated with any changes in the policy which will be communicated through emails and/or SMS at Your registered contact details and/or on the Mobile Application.
b. You agree that so long as you use the Services, You will have to pay the Platform Fee and the Company reserves to right to charge Platform Fee for use of the Gaadi Online Taxi Driver Platform.
c. It is your sole and absolute obligation to ensure that the Customer, before exiting your vehicle, pays the Service Fees displayed on the Gaadi Online Taxi Driver Platform either through cash or online method.
d. You are entitled to receive only the Platform Fees.
e. In the event the Service Fees are collected in cash, you shall pay Gaadi Online Taxi Driver such fees and charges as displayed on the Mobile Application within a period of 03 days.
f. You shall be liable to clear dues and any Platform Fees and other amounts indicated by the Company outstanding before closure of Your account.
7. DRIVER CONDUCT.
You are not permitted to smoke, drink or consume any unlawful substances in the vehicle or misbehave with the Customers in a verbal or non-verbal manner. Gaadi Online Taxi Driver reserves the right to take action against You including termination of the ride, imposing a fine or reporting You to the concerned government authorities.
You are required to maintain the vehicle in a clean manner and ensure that the interiors and exteriors are clean. You will ensure that the vehicle is serviced periodically and all features of the car like air-conditioning, motored windows., Etc are in good and hygienic condition. You agree that before every ridhe, the vehicle has adequate fuel for the ride. You will drive in a safe manner, abiding by all the applicable traffic rules and speed limits, relevant to the city in which you are driving. The vehicle shall be cleaned and sanitized after every ride.
You shall make the vehicle available for field audit within 2 days’ time period from the date on which the Company requests for such audit. If the Company brings to the notice of the User of any breach of these terms, the User shall immediately cease to provide any rides to the Customers till such breach is cured to the satisfaction of the Company.
You will be responsible for any injury, temporary or permanent, for the Customer on account of accident, etc. while on a ride. You will not be entitled to claim for any indemnity for the company or reimbursement of costs for any claims by the Customer.
Gaadi Online Taxi Driver Company follows Zero tolerance policy for any use of drugs or alcohol by Users (driver partners). The Passengers are encouraged to report any such incidents if they suspect that the driver is under the influence of the drugs or alcohol during the ride. If there is any incident, where you have used drugs or alcohol, your account/license will be suspended immediately from Gaadi Online Taxi Driver platform with immediate effect.
8. REPRESENTATION AND WARRANTIES
You represent and warrant to the Company that:
a. you shall fulfil the eligibility criteria stated in the present Terms at all times;
b. your Vehicle fulfils the eligibility criteria stated in the present Terms at all times; and
c. you will comply with all requirements under the Applicable Law relating to the transportation services.
9. DISCLAIMER.
You acknowledge that the Service is provided on the Mobile Application of the Gaadi Online Taxi Driver “as is” and “as available.” Gaadi Online Taxi Driver makes no representation, warranty, or guarantee regarding the number of bookings or number of Customers. You agree that the entire risk arising out of Your use of the Gaadi Online Taxi Driver Service provided on the Mobile Application remains solely with You
10. LIMITATION OF LIABILITY.
Except as otherwise stated in this Terms, Gaadi Online Taxi Driver has no responsibility or liability to You related to any act of the Customers. You agree that Gaadi Online Taxi Driver shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Service including those arising out of (i) Your use of or reliance on the Service on the Mobile Application or Your inability to access or use the service; or (ii) any transaction or relationship between You and any Customers. Notwithstanding anything to the contrary, Gaadi Online Taxi Driver’s liability shall be limited to Rs. 1000/-. It is clarified that in the event the Company is made liable to pay any governmental authority or a third party on account of your actions or inactions, in excess of the said Rs. 1000/-, you will indemnify the Company and its directors, officers, employees and agents in relation to such excess.
11. LIMITED LICENSE.
a. Subject to Your compliance with these Terms, Gaadi Online Taxi Driver grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Gaadi Online Taxi Driver Platform.
b. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Gaadi Online Taxi Driver Platform in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Gaadi Online Taxi Driver Platform on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Gaadi Online Taxi Driver Platform in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Gaadi Online Taxi Driver Platform, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Gaadi Online Taxi Driver Platform, or (v) 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 Service or Gaadi Online Taxi Driver Platform.
c. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Gaadi Online Taxi Driver Platform, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Gaadi Online Taxi Driver Platform, the Application or Service or its related systems or networks.
d. Gaadi Online Taxi Driver will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Gaadi Online Taxi Driver may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
e. You acknowledge that Gaadi Online Taxi Driver has no obligation to monitor Your access to or use of the Gaadi Online Taxi Driver Platform, Service, but has the right to do so for the purpose of operating the Gaadi Online Taxi Driver Platform and Service, to ensure Your compliance with these Terms, or to comply with Applicable Law.
f. Gaadi Online Taxi Driver reserves the right, at any time and without prior notice, to remove or disable access to any content that Gaadi Online Taxi Driver, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Gaadi Online Taxi Driver Platform, the Service or Application.
g. You shall not (i) attempt to gain unauthorized access to the Mobile Application (ii) reproduce, modify, prepare derivative works based upon, the Mobile Application provided by Gaadi Online Taxi Driver; (iii) decompile, reverse engineer or disassemble the Mobile Application; (iv) conduct data mining of the Mobile Application or unduly burdening or hindering the functionality of any aspect of the Mobile Application.(v) Access or copy the customer data
12. INDEMNITY.
You agree to indemnify and hold Gaadi Online Taxi Driver and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including fees incurred in defending any claim) arising out of or in connection with (i) any breach or violation committed by You of the representations, warranties or obligations under these Terms; (ii) breach of any obligations listed in Annexure B; (iii) any infringement or unauthorized use of intellectual property rights of Company; ( iv) any violation of the applicable law, applicable license and permit terms of the transport authorities; (v) any harm to the reputation and goodwill of Company directly attributable to the User; (vi) any negligent act or omission committed in the course of Transportation Services, or any misrepresentation made during the course of Transportation Services; and (vii) personal injury to or property damage of Customers including but not limited motor accident claims, asserted against Company and its employees by reason of the use and operation of User’s vehicle
13. DATA PRIVACY.
Gaadi Online Taxi Driver collects and processes Your personal data in accordance with its Privacy Policy available at Gaadi Online Taxi Driver.in website[●] . You acknowledge that Gaadi Online Taxi Driver may disclose personal data to Customers, Partner Companies, Vendors and government authorities to facilitate Your use of the Service.
14. CONFIDENTIALITY.
You shall (i) protect the confidentiality of all information available or provided to you pursuant to the use of the Mobile Application, the business model of the Company, information in relation to Customers, price information, etc. and not disclose such information to any third person; (ii) keep such confidential information in Your possession or control at all times; (iii) not to use such confidential information for any purposes whatsoever save as may be strictly necessary in connection with the purposes of this Agreement; and (iv) You will not disclose confidential information to any person.
15. GOVERNING LAW AND JURISDICTION.
a. The present Terms shall be exclusively governed by and construed in accordance with the laws of India.
b. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the these Terms, Service or Gaadi Online Taxi Driver Platform including those relating to its validity, its construction or its enforceability shall be mandatorily submitted to arbitration under the Arbitration and Conciliation Act, 1996 as amended from time to time.
c. The dispute shall be resolved by a sole arbitrator to be appointed by mutual consent of the parties. The seat and venue of arbitration shall be Rourkela, India and shall be conducted in the English language. The Courts in Rourkela shall have exclusive jurisdiction.
16. RELATIONSHIP
This Agreement is not intended to and shall not be construed to create an employment relationship between the User and the Company and its representatives.
17. CANCELLATION POLICY
You agree that once you have accepted a ride through the Mobile Application, You shall not be permitted to cancel the ride, except if You have waited for a minimum period of 15 mins at the location of the Customer after the planned pickup-time and the Customer has not arrived. If you cancel ride in violation of this Clause 17, You will have to pay the Cancellation fees to the Company as decided by the company.
15. GOVERNING LAW AND JURISDICTION.
Annexure A
Payment terms
1. Details of the following commercial terms will be informed by the Company from time to time to the Users :
a. Platform Fee (%) payable to the Company for the bookings taken in local, outstation and shared trips; and
b. Cancellation fees applicable for cancellation by the User after accepting the trip.
2. Key Terms:
a. All payments due to the User shall be made through NEFT/RTGS/UPI or other payment method determined by the Company to the bank account provided by You at the time of creation of Your account.
b. You authorize Company to make deductions from the Transportation Fee payable to you which includes the following:
i. Tax Deduction at Source (TDS) as per the Income Tax Act, 1961, where applicable
ii. GST and other applicable taxes; and
iii. and any other amounts due and payable by the You to the Company
c. The terms in this Annexure are subject to change and will be communicated to the Users via SMS/Notification/email through the registered contact details
d. You hereby agree that discounts given to the Customers, if any, will be decided by the Company on a case-to-case basis which shall be informed to the User, and the Platform Fee finally appearing on the application configured by Company for settlement between the User and Company shall be final and binding on You. You agree to the same without demur or protest.
e. Company reserves the right to change the rates and payment terms between You and Company at any given point in time, which shall be notified to You through the Mobile Application.
f. Notwithstanding anything contained in this Agreement, where Company has reason to believe that any charges/debits in respect of the Fee have been fraudulently incurred (“Suspect Charge”), Company will always be entitled to deduct an amount equivalent to Suspect Charge from the Platform Fees or in the event of insufficient Platform Fees, Company will be entitled to ask You to remit the Suspect Charge with the Company.
Annexure B
Obligations of the User
1. Asking for tips:
User shall not proactively ask for ‘tips’ from the Customer. User shall not hassle the Customer for change. User shall not charge any amount over and above the Service Fee indicated in the Mobile Application.
2. Wasting Customer’s Time:
User shall not stop the Vehicle for filling fuel in between the journey. User shall not make any Personal stops during the journey.
3. Personal hygiene:
Users shall wear neat clothes at all times during duty hour.
User shall maintain personal hygiene.
4. Customer Service:
User shall greet Customers both at pick up and drop.
User shall assist the Customer’s luggage (both at pick-up and drop point).
User shall ensure that the vehicle's AC is turned on before Customer sits in the Vehicle and through out the trip duration.
5. Vehicle Cleanliness:
User shall keep the Vehicle and dashboard clean.
6. Disturbing Customer:
User shall not play loud music (above mid-level of the stereo) or music through any kind of earphone
User shall not unnecessarily blow horn.
User shall not proactively engage into a personal conversation with the Customer and shall not resort to any kind of unpleasant behaviour with Customers.
7. No Smoking/Tobacco/Pan/Masala/Food Item:
User shall not smoke inside the Vehicle.
User shall not chew any masala or chewing gum or any other food item while a ride is in progress.
8. The User shall ensure that he has adequate change with him so that at all times he is in the position to return the balance amount to the Customer.
9. The User should not make any fake calls, not disturb customer any other time after trip completed or give any missed calls to the Customer’s contact number. The User should only give a call to the Customer informing the Customer about the arrival of the Vehicle at the destination. User shall not make unwarranted use of the Customer contact details after the customer has been dropped at the destination.
10. The Users shall be well versed with the routes. The User shall not take any long route when there is another short route known to him for reaching the destination. The Users are not expected to halt at several places during the journey due to lack of knowledge of the routes.
11. Delay In Pick – Up: User should reach the pickup point on or before pick-up time.
User must intimate the Customer that he has reached at the pick - up location.
12. User should keep his mobile ‘ON’ while he is logged into the Company Portal and he should receive every call of the Customer. User should not make any deliberate attempt to park the Vehicle in ‘non-network’ area while the Customer is away for his/her personal work.
13. Vehicle Branding:
Company Sticker, if any, on the Vehicle should not be removed till the Vehicle is active on the Platform.
14. Rude Behavior with Customers:
User shall not under any circumstance argue with the Customer/use abusive words / raise his voice tone while talking to the Customer. User should follow the instructions given by Customer as well as by the Company Call Centre.
15. Mobile Phone Usage:
Users shall not use mobile phones (unless for emergency purposes) while driving. This includes but not limited to SMS, video calls, voice, MMS and downloading.
However, this shall not apply in case of calls from Company representatives and the Customer.
16. Reporting To Company :
User shall not lie about Vehicle’s position to the Company representative. User shall not report meter readings incorrectly. User shall inform customer and provide opening and closing accurate readings of the odometer on time as and when such reading is required to be provided by the Company representative
17. Rash Driving:
User shall not exceed the speed limit of:
(i) 50 Kms per hour within the city;
(ii) 60 Kms per hour on state highways; and
(iii)80 Kms per hour on National highways.
If any other speed limits prescribed for any road which is lower than the speed limits specified in (i), (ii) and (iii) above, the User shall follow the said prescribed lower speed limits. Users should not apply sudden breaks and should not take sharp turns that may cause inconvenience to the Customer.
18. Driving License (DL) & Other RTO Documents:
While on duty hours with Company it is mandatory to keep DL and all relevant RTO impacting papers (T-permit, PUC, Insurance, RC, etc.).
19. While performing the Taxi Services, the User should not sleep in the Vehicle.
20. User shall not reject the booking on his own at the time of allotment under any circumstances (unless permitted by Company).
21. User shall not reject a booking or a Customer once he has accepted the duty and
logged in and shall not switch off his mobile under any circumstances.
22. Missing luggage:
User should hand over the luggage or bags or any Customer belongings to the office, if the Customer has mistakenly left any luggage in his cab or the User should call the Customer and inform him that he has forgotten his belonging in the cabs.
23. App Misuse:
User shall ensure that the Mobile Application shall not be misused in any ways
24. Traffic Rules:
Users shall obey all traffic rules including traffic signals. User shall keep all statutory documents (insurance documents, vehicle registration book/card, PUC Certificate, etc.) at all times. User shall wear a seat belt all the time while driving.
25. User lying or completing service in bad-faith:
User should follow the best and shortest possible route to reach the destination. Users should not misrepresent or misguide the routes or duty slips to increase the fare.
26. Users shall not consume/intake or be under the influence of alcohol or narcotic substances while logged into the Company Portal.
27. Abusive or discriminatory User:
User should not do anything like abusing the Customer, talking to the Customer or any such behavior which shall make the Customer feel uncomfortable during the journey. User should not discriminate against Customer for any reason, including on the basis of sex, race, caste, creed, religion, disability or nationality.
28. Rude behavior/ Customer inconvenience:
User should not ask the Customer to get down from his vehicle in the middle of the journey even if any misunderstanding or verbal fights happen between the Customer and the User. If his Vehicle gets breakdown he himself should call the Company office and make arrangement for another vehicle at any cost, for the Customer and drop the Customer to the drop location. User may not demand any fare for the ride, if it is abandoned during middle of the journey
29. Extraordinary Circumstances:
Any instance of User’s behavior that directly or indirectly impacts the Company’s “Brand Image”.
30. Maximum Weight
Never load the vehicle above the manufacturer’s maximum specified weight.
31. Medically Fit
Never drive the vehicle if medical conditions will impact the driving.
32. Unauthorized Goods or Persons
Not carry any unauthorized goods or persons till the completion of the Ride
Annexure C:
Documents of the Vehicle
1. RC card
2. Fitness certificate
3. Permit of the vehicle
4. Commercial insurance policy
5. Pollution under control certificate
6. Car photos – 4 views
7. Chassis and Engine number photo
And any Such other documents may be required from time to time and on request shall be submitted at the nearest Company authorized centre
Documents of the User:
1. User Photograph
2. User Driving License
3. Driver Badge
3. Aadhar card/Ration Card/Voter ID Card
4. Proof of current residential address – Electric bill/water bill
5. Bank account passbook copy of first page/statement
6. PAN Card – Self attested
7. Contact details & addresses of 2 family members
8. Police verification certificate
And any Such other documents may be required from time to time and on request shall be submitted at the nearest Company authorized centre
Documents of the taxi provider or fleet owner:
1. Registered Firm Name & certificate
2. Passport size photograph of the owner/director/
3. Address proof
4. Contact Details - Number, Mobile No. Mail ID
5. Bank Account details of the Transport Service Provider
6. Bank Account details of the Beneficiary (if any)
7. Contact details of 2 (two) family members of the Transport Service Provider; and Such
other documents/ information as may be required by Company
8. Additional to all documents of the vehicle and User have to be submitted
