5. LIMITED LICENSE FOR ACCOUNTS

You are required to sign up for an account, using your email address, mobile number and select a password to use the platform. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your user-id a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account. To the extent permitted by law, company reserves the right to refuse or deny access to its services at any time and within its sole discretion.

Content, Marks and the platform is provided to you "AS IS" for your information and authorized use only and you agree not to use, copy, reproduce, alter, modify, perform, reproduce, create derivative works from, broadcast, transfer, sub-license, assign, license, distribute, transmit, display, sell, convey otherwise exploit for any other purposes whatsoever without the prior written consent of Company and or/respective licensors.

Company grants you a non-exclusive, nontransferable, revocable, limited license to access and use the platform and Content in accordance with the Terms and Conditions. You may not disassemble, decompile or otherwise reverse engineer all or any portion of platform, Content or Marks. You acknowledge that the platform, including the Content and Marks, is subject to applicable export control laws and regulations of the India. You agree not to export or re-export the platform, Content or Marks, directly or indirectly, to any countries that are subject to export restrictions.

The limited license provided herein does not confer any right, title or interest in or to the Marks. You shall do nothing, nor authorize nor allow any of your representatives, employees, agents or affiliates, to do anything that is reasonably likely to impair, dilute or bring disrepute to Company or the Marks or to any goodwill associated with Company or the Marks.

No right, title or interest in any portion of the platform or Content is transferred to you, whether as a result of use of the platform or such Content or otherwise. Any unauthorized use terminates the permission or license granted by Company. Company reserves all rights not expressly granted in and to the platform, Content and the Marks. Except as stated in the Terms and Conditions, no other use of Content, Software, platform or Marks is authorized without the express prior written consent of Company.

6.  USE OF SERVICES

We may continuously change or improve platform to provide you best possible experience and your continuous use of platform means that you agree and accept the terms associated with them. We have exclusive right to modify, change or stop the services permanently or temporarily to you or to users generally. You accept that Company reserves the right to disable your account or any feature if it finds any misuse or abuse of services without giving you notice or reasons. You agree that Company may suspend or terminate your account if it finds or suspect that you have not provided the current, complete, accurate information. You also agree to keep the information in your account up-to-date at any point of time and if you fail to do so, than, Company may suspend or terminate your services with immediate effect without citing any reasons.

You acknowledge and agree that Company may anytime have right to terminate or restrict your use of service if it hinders Company to provide its services to other customers or to carry its operations or due to non-payment of dues.

By using the platform, you agree that Company will not compensate for any losses you make for any reasons due to platform and we would suggest you to use your discretion before use. We will publish guidelines time to time to have safe, secure and comfortable rides while sharing with others and humbly request you to follow them. You specifically agree not to access (or attempt to access) any of the services through any automated means (including through the use of scripts or web crawlers). You agree that you will not engage in any activity that interferes with or disrupts the service (or the servers and networks which are connected to the service).

• You will only use the service or download the Application for your sole, personal use and will not resell it to a third party;
• You will not authorize any other person to use your account;
• You will not assign or otherwise transfer your account to any other person or legal entity;
• You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
• You will not use the service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
• You will not use the service or Application to cause nuisance, annoyance or inconvenience;
• You will not impair the proper operation of the network;
• You will not try to harm the service or Application in any way whatsoever;
• You will not copy, or distribute the Application or other Company Content without written permission from Company;
• You will keep secure and confidential your account password or any identification we provide you which allows access to the service and the Application;
• You will provide us with whatever proof of identity we may reasonably request;
• You are aware that when requesting transportation services by SMS or Phone (if available in your jurisdiction), standard messaging or call charges may apply;
• You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or service. Company reserves the right to immediately terminate the service and the use of the Application if it is found that you have not complied with any of the rules mentioned in this document.

7. UNAUTHORIZED USE AND RESTRICTED ACTIVITIES

Any illegal or unauthorized use of the platform or of company' services shall constitute a violation of these Terms and Conditions. You do not have permission to access the platform in any way that violates the Terms and Conditions. You agree to not use the platform for any illegal or unauthorized activity, which includes, but is not limited to:

• Using the platform, Company's services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the platform, Company's services or tools;

• Interference with other users or members' postings;

• Taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off the platform or using it for purposes unrelated to Company);

• Transferring your Company account (including feedback) and user ID to another party without our consent;

• Exporting or re-exporting any Company tools except in compliance with the export control laws of any relevant jurisdictions;

• Copying, modifying or distributing rights or Content from the platform, Company's services or tools or Company's copyrights and trademarks;

• Infringement of any copyright, trademark or patents owned by or licensed to Company.

• Harvesting or otherwise collecting information about users, including email addresses, without their consent.

• Impersonating any person or entity or misrepresenting your affiliation with a person or entity; "Stalk" or otherwise harass any person;

• Engaging in any criminal or tortuous activity, including child pornography, fraud, trafficking obscene material, harassment, stalking, spamming, sending viruses or any other harmful files, theft or disclosure of trade secrets;

• Interference with or disruption of the platform or servers or networks connected to the platform, or disobeying any requirements, procedures, policies or regulations of networks connected to the platform; and

• Intentionally or unintentionally violating any applicable local, state, national or international law, third party rights or Company's policies.

• Express or imply that any statements You make are endorsed by Us, without Our specific prior written consent;

• 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;

• 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;

• "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 Platform in order to direct any person to any other web site for any purpose; or

• 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.

• be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material;

• contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;

Company reserves the right to investigate complaints or reported violations of the Terms and Conditions and to take any action Company deems appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Company reserves the right to seek all remedies available to it, whether at law or in equity, for violations of the Terms and Conditions, including but not limited to, civil, criminal and injunctive redress and the right to block access from a particular Internet address to the platform and its features.

9. ACCESS OF USER’S INFORMATION

10. PRIVACY POLICY - HOW WE HANDLE YOUR INFORMATION?

11.  VEHICLE OWNER’S OBLIGATIONS

The vehicle owner has certain responsibilities before registering their vehicles with Company for either cab services or sharing rides. Many times, vehicle owner and driver are the same however it might not be the case always hence we are listing obligations of vehicle owner’s below and please check for driver’s obligations in section 13.

• The vehicle owner agrees and undertakes to take out and maintain a comprehensive insurance policy to cover third party liability, the occupants of the Vehicle and the Trip offered or booked through the Platform. The vehicle owner agrees that they will, on request, provide the riders with evidence, in advance of the Trip, of the complete validity of its insurance policy.

• The vehicle owner self-declares that he/she complies fully with all legal requirements of owning and driving the 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.

• The vehicle owner also undertakes to hold a valid driving license and that the vehicle owner will own or will be entitled to use the Vehicle.

• The rider or cab user is entitled to request evidence of the Vehicle’s insurance policy, registration certificate, driving licence and PUC certificate at any time up to completion of the Trip. The vehicle owner (or driver) must confirm that their insurance policy allows them to carry riders and that their insurance policy covers all co-riders in case of any accident or incident, which may occur during a Trip.

12.  RIDER’S OBLIGATIONS

The Rider (or ride taker or co-rider) do have certain responsibilities and obligations to fulfill, which are mentioned in User’s Guidelines at our website. They will comply with the Good Conduct Charter at all times as mentioned in  User’s Guidelines.

13. DRIVER OBLIGATIONS, REPRESENTATIONS AND WARRANTIES

Drivers (many a times vehicle owners as well) who directly or indirectly uses our platform hereby consent and agree that you have read and fully understand and accept the Driver's representations and warranties mentioned below and also adhere to the User’s Guidelines provided at the website.

• Driver is at least 21 years of age.

• Driver should have a valid driving license and is authorized to operate a motor vehicle and has all appropriate licenses, approvals and authority to provide transportation to third parties in all jurisdictions in which driver uses the service.

• Driver has the legal right to operate the vehicle, driver uses when accepting riders, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.

• Driver is named or scheduled on the insurance policy covering the vehicle such driver uses when accepting riders.

• Driver has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such driver's vehicle to cover any anticipated losses related to such Driver's provision of rides to riders.

• Driver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle such Driver uses to transport riders, including, but not limited to personal injuries, death and property damages.

• In the event of a motor vehicle accident, driver will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with such driver's insurance carrier.

• 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.

• Driver will present themselves on time and at the place agreed with the specified Vehicle;

• Drivers, who are offering personal vehicles or white board vehicles, will not make any misrepresentation regarding company, the platform, the services or such 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 riders, or engage in any other activity in a manner that is inconsistent with such driver's obligations under this Agreement.

• Driver, who are offering personal vehicles or white board vehicles, will immediately inform all riders of any change whatsoever to the Trip.

• If one or more riders have made a booking and the driver decides to change any aspect of the trip, the driver undertakes to contact all riders who have made a booking in relation to that trip and to obtain the agreement of all riders to the change.

• 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 driver must keep the riders informed of any such change before the deviation, and at the earliest possible time.

• Driver will only accept riders that has been reported to and validated by their identity.

• 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.

• Driver is medically fit to drive in accordance with applicable law.

14.  SECURITY, SAFETY AND GUIDELINES

We provide many security and safety features so that you can travel with verified persons in safe and secure manner however RideAlly is only a technology enabled social ride-sharing platform that helps you to initiate, accept and undertake ride-sharing on various vehicles. We do following checks to ensure your safety and security:

• Verify Mobile Number using standard OTP process and Email-Id to ensure that person is not faking their identity

• Users are requested to upload their latest Photo and also any Identity Proof issued by Govt of India

• User can share their Social Media Profiles (like Facebook) to build confidence with other users. We do not share personal details (like, phone no. and email) of users with anyone.

• Females can choose to travel with only females. Female specific rides do not even come in searches (when male searches for rides) hence stalking is also not possible

• User can check profiles of co-passenger and accept/reject their requests. Contact information is hidden for each user and is shared only with co-riders

• Users can travel in private groups, like, workplace, apartments etc which has only authorized persons in it. In these groups, one can add users by invitation only so that any unauthorised entry can be disallowed.

• Employees need to join their corporate locations after verifying their company email-id and can travel within that to verified employees of the corporate

• Commuter can know in advance that who is travelling with them like we know in train charts hence unauthorized person can be avoided to board the vehicle

• Vehicle number is a must to offer rides so that if any untoward incident happens, Police can trace the culprit

• User can share emergency contact and click on SOS button to alert their emergency contacts in case of any incident/accident or if any other kind of help is sought

• User can call customer care for verification and query/grievances handling

• For our cab services, we partner with trusted cab vendors/drivers and verify credentials of vehicle owners, drivers and vehicles. We interview each driver before they attach to us and collect all papers. 

In addition to above, we humbly request each and every riders or vehicle owners to follow the User’s Guidelines mentioned at our website.

15. USE OF TAXIS

Company do not own any cabs and provide service through its verified drivers and preferred vendors. We do thorough check on our vendors and drivers before providing services to them. Company do check if preferred vendors/drivers have the license, permits and all other legally required documents to operate taxi services before empanelling the vendor/driver. Company do take online bookings using its platform

The following terms & conditions shall apply to users utilising the services offered by the company for booking taxis:

• The customer shall pay the taxi fare, parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Taxi services.

• The user agrees and accepts that the use of the services provided by the company is at the sole risk of the customer, and further acknowledges that the company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law. Without prejudice to the above, the Company makes no representation or warranty that:

  • The services will meet the customer's requirements;

  • The services will be uninterrupted, timely, secure, or error-free.

  • The company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of taxi service offered by company or due to the failure of company to provide services to the Customer for any reason whatsoever including but not limited to the customer's non-compliance with the services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of company or any person or any organization involved in the above mentioned systems.

  • There shall be extra charges for far off locations & toll charges as well.

  • If any passenger if misses the train or flight or bus, company will not be liable for any compensation. The customer shall make an alternate arrangement if the taxi has not reached due to any reason.

• The user shall ensure that he/she will not indulge in any of the following activities while in a taxi:

  • Smoking or consuming alcohol inside the Taxi. The driver has the right to refuse the pick-up or ask the customer to alight the cab if the customer is found to have alcohol or is found misbehaving with co-passengers or the driver, or is causing a nuisance.

  • Littering the Taxi

  • Soiling or damaging the seats and/or any other interiors of the Taxi.

  • Misusing, soiling or damaging any of the devices (technical/non-technical) in the taxi.

  • Asking the driver to break any Traffic/RTO/City Police and/or government rules for any purpose (especially reaching the destination earlier). The driver has the right to refuse such a request by the customer. The driver also has the right to refuse such a pick-up or ask such customer(s) to alight from the cab if customer forces for it.

  • Asking the driver to board more passengers than the maximum capacity of the taxi. The rules under which the taxi services are provided by the company, stipulate that a maximum of 4 adult passengers shall be allowed per trip for Sedan vehicles. In view of this, the customer shall not pressurize the driver to allow more than 4 adult passengers in the taxi. The driver has the right to refuse such a pick-up or ask such customer(s) to alight from the cab.

  • Pressurizing the driver to overload the boot space of the taxi with luggage. The customer shall not be allowed to use the seating area of the taxi for placing any kind of luggage.

• The User shall indemnify company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the services by the customer and shall pay such sums on demand on the company.

• Company is hereby authorized to use the location based information provided by any of the telecommunication companies when the user uses the mobile phone to make a taxi booking. The location based information will be used only to facilitate and improve the process of taxi booking for the User.

• Company is authorized at any time without giving any reason to terminate the booking of taxis done by the users.

• Company encourages all its customers to take full responsibility of his/her items. We are not responsible if you forgot or missed or lost your belongings during the travel and also not responsible if any damage occurs to the same.

• If the user leaves any goods in the taxi or has any complaint in respect of the services or the use of the taxi, then same has to inform to company in writing or e-mail within 24 hours of using the taxi or the services of company.

• The Company shall not be liable for any conduct of the drivers of the taxis. However, the company encourages you to notify it of any complaints that you may have against the driver of any taxi that you may have hired using our services.

• The Company reserves the right to add to, vary or amend any or all these terms and conditions at any time and the Users shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at our site at www.rideally.com on the date that we may indicate that such addition, variation or amendment is to come into effect.

• All the calls made to our call centre can be recorded by the company for quality and training purposes.

• The Company have right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.

16. PAYMENT SYSTEM FOR RIDE-SHARING WITH PERSONAL VEHICLES

It is not legal to earn or share cost from personal vehicles as per Motor Vehicle Act 1988, section 66(1) about 'Necessity of Permits' and section 76 about 'Application for private service vehicle permit' with Definitions mentioned in Section 2 such as (7) of contract carriage, (25) of motorcab, (33) of private service vehicle. 

We do share our travel with colleagues, friends, relatives etc all the time and RideAlly is just a software platform to enable that. Considering the act and benefits of carpooling and ride-sharing, we have customized our solution to ensure that vehicle owner do not even share cost however they can earn carbon foot-prints, know how many Kms have been shared and may receive rewards/recognition from society, company and NGO etc based on that.

The use of the platform (or application) is free of charge however company may charge subscription fee for users who offer/get/share rides using the platform.

Vehicle owners shall not use the services to offer or accept for hire or reward or for profit or in any commercial or professional context. Members are reminded that using the services and offering rides for hire or reward or in a commercial or professional capacity may invalidate a vehicle’s insurance and invite adverse legal actions by the road transport authorities. Company shall not be in for any loss or damage incurred by a Member as a result of any breach by a Member of these Conditions. If Company would come to know of any such practices than it would term it as ‘Unauthorised use’ of services and would take appropriate action by banning the account forever.

17. PAYMENT SYSTEM OF CAB SERVICES

RideAlly provides taxis services through its verified vendors/drivers. The cost for the taxi ride to Airport or any particular place can be found on the platform. These costs are tentative and company reserves the right to modify or update from time to time. It is your own responsibility to remain informed about the current rates for any taxi ride while company will also make an effort to inform you.

Payment can be paid using Third Party Provider by online “Payment Gateway” or by cash to the driver after the completion of transportation services provided by the company. You are responsible for the timely payment of all fees in cash to the driver or online. Company has right to charge and shall change fees from time to time for waiting charges, night charges, peak-time charges, toll charges etc. Charges will be with applicable taxes where required by law. You agree that you will pay all charges which are applicable during the transport service. Charges paid by you are final and non-refundable, unless otherwise determined by company.

As between you and company, company reserves the right to establish, remove and/or revise charges for any or all services obtained through the use of the platform at any time in company's sole discretion. Further, you acknowledge and agree that charges keeps on changing substantially during times of high demand in certain areas. Company will use reasonable efforts to inform you about such charges which may apply, provided that you will be responsible for all charges incurred regardless of your awareness of such charges or the amounts thereof.

Company may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the platform, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the platform or the charges applied to you. You may elect to cancel your request for services from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee.

18. REPAIR OR CLEANING FEES

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Platform in excess of normal “wear and tear” damages and necessary repair or cleaning. In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Company in Company's reasonable discretion, Company reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider. Such amounts will be transferred by Company to the applicable Third Party Provider and are non-refundable.

19. OWNERSHIP OF INTELLECTUAL PROPERTY

20. COPYRIGHT COMPLAINT POLICY

If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Company that your copyrighted material has been infringed.

• A clear identification of the copyrighted work you claim was infringed.
• A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to peruse that material, such as a link to the infringing material.
• Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
• Include the following statement: "I have a good faith belief that the use of material that is apprehended to infringe my copyright is not authorized by the copyright owner, his agent, or the law."
• Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
• Sign the notice

Email or post the notice to contact information mentioned at 'Contact Us' section of home page of Website.

21. TERMINATION CLAUSE

Terms can be terminated by users or us. Users may terminate this Agreement (and their account) at any time by emailing us at support@rideally.com. Please note that Company may terminate this Agreement and your account at any time and for any reason, this includes but is not limited to the forth mentioned reasons a) If you have breached any provisions of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms), b) If Company is required to do so by law.

22. DISCLAIMER OF WARRANTIES

23. LIMITATION OF LIABILITIES

24. INDEMNIFICATION

25. RELEASE

26. LINKS TO THIRD-PARTY SITES

27. INBOUND LINKS

• You give Company prior written notice of such link by contacting Company to request Company's permission to establish the link;
• You discontinue providing a link to our platform if so requested by Company;
• You do not imply in any fashion that Company is endorsing any of your products or service or is affiliated with you;
• You do not present Company in a false light, or provide misleading or false information about Company, or its platform or services;
• You do not remove or obscure the copyright notices, or other notices on this platform;
• You do not use any Mark of Company; and e.g. You do not replicate, frame or mirror the content of the platform.

28. E-MAIL AND TEXT COMMUNICATIONS

29. MISCELLANEOUS

Except as specifically stipulated otherwise, the Terms and Conditions constitute the entire agreement with respect to the subject matter hereof. No waiver by Company of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Terms and Conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Terms and Conditions, all of which will remain in full force and effect. Any and all disputes relating to the Terms and Conditions, your use of the platform, or any other Company service are governed by, and will be interpreted in accordance with, the laws of the State of Karnataka, India without regard to any conflict of laws provisions. Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of the Terms and Conditions.

30. DISPUTES

31. NOTICES

32. CONFLICT OF TERMS

33. PLATFORM POLICIES, MODIFICATION, AND SEVERABILITY

34. CONTACT INFORMATION