Captain Terms - CityRide

TERMS AND CONDITIONS FOR CAPTAINS

(Cabs & Toto)

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.

Roppen Transportation Services Private Limited (“CityRide”/ “Company”/ “us”/ “we”/ “our”) provides technology-based platform, as Software-as-a-Service (“SAAS”), and acts as a discovery platform for enabling lead generation for Captains, who shall offer ride services directly to the Captain’s Customers (defined below) through three-wheelers (“Auto”) and four-wheelers (“Cab”) (collectively “Vehicle(s)”), and other platform based support services, as SAAS, as offered by CityRide from time to time by means of the Company’s website and the mobile application “CityRide App” (collectively, “SAAS Platform”).

The ride services are provided/ offered by third party vehicle operators, service providers or drivers who wish to use the Platform to discover their Customers hereinafter referred to as (“Captain(s)”/ “you”).

On the basis of the representations and warranties provided by the Captain, the Company has agreed to onboard Captains on the Platform and to enable the Captains to discover their Customers. The Captain shall act in accordance with the terms and conditions as hereinafter provided and any other policy or agreement or document made applicable / executed by you for the purpose of your usage of the Platform (collectively, “T&Cs”). These T&Cs will govern the relationship between you and the Company in the course of your usage of the Platform. By signing up or registering on the Platform, you acknowledge that you have read and understood these T&Cs and agree to be bound by these T&Cs, without any limitation or qualification. If you do not agree with these T&Cs, please do not sign up or register on the Platform.

These T&Cs expressly supersede prior agreements or arrangements with you. Use of, and access to, the Platform, is offered to you upon the unconditional acceptance of all the terms, conditions and notices contained in these T&Cs and Privacy Policy (which is incorporated herein by reference), along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time.

These T&Cs expressly supersede prior agreements or arrangements with you.

I. REGISTRATION ON AND USE OF THE PLATFORM

We provide the SAAS Platform on which you may discover your Customers and may choose to provide ride services on your own by means of Vehicles, in accordance with terms and conditions that you may agree with your Customers who request for and/ or avail such ride services (“Customers”) and the Captain.
CityRide may collect Captain Information (defined below) at the time of onboarding of the Captain, to establish the identity of the Captains. CityRide reserves the right to store, process, access and use the Captain Information for business purposes and needs, marketing, service, development, analytics, research, as CityRide may deem fit and in accordance with CityRide’s Privacy Policy and applicable law. The Captain hereby expressly consents to such collection and use of Captain Information.
Subject to applicable laws, CityRide may provide to a third party, governmental agency, judicial body, any Captain Information or information relating to the Captain, if there is a complaint, dispute or conflict, including any accident involving a Captain on one hand and end-consumer, or a third party on the other hand.

“Captain Information” shall mean and include any personal data or Information collected from the Captain, including know your customer documents, mobile number, and any other Information that CityRide may deem fit.
By using the Platform, you authorize CityRide, whether directly or indirectly through third parties, to collect information about you including Captain Information, or make any inquiries necessary to validate your identity including background checks as mandated by law and in accordance with our Privacy Policy. Please read the Privacy Policy to understand how we collect, process and share your information, including Captain Information, personal information and sensitive personal data or information (collectively, “Information”).
When you provide any Information to CityRide, you will provide only true, accurate, current, and complete Information. You understand and acknowledge that the responsibility to provide correct Information, including your contact information, lies solely with you. We will not be responsible to verify the accuracy of the Information provided by you.
To use the Platform, you should be eligible as per the onboarding criteria and provide such documents as requested by CityRide (from time to time) as per applicable law and CityRide’s internal policies, and ensure continued compliance with the same.
Particularly, you represent, warrant and covenant to CityRide that:
1. You have at least 2 years of driving experience;
2. No proceeding is pending against you regarding and neither have been convicted of (a) driving under the influence of drugs or alcohol or (b) any cognizable offence under the Code of Criminal Procedure, 1973, including fraud, sexual offences, use of a motor vehicle to commit cognizable offence, or of any crime involving property damage, theft, acts of violence, or acts of terror, in the past 3 years; and
3. You have cleared and have no pending challans applicable to the Vehicle prior to integration with the Platform.
You must register on the Platform and create an account on the Platform (“Your Account”) by providing accurate Information as sought during the registration process.
Further, we may ask you for Information or documents that will allow us, whether directly or indirectly through third parties, to reasonably identify you, requiring you to take steps to confirm your right over your email address or financial instruments, or verifying your information against third party databases or through other sources. We reserve the right to terminate, suspend, or limit access to the Platform in the event we are unable to obtain or verify this Information.
You are solely responsible for maintaining the confidentiality of your credentials (Customer name, password, etc.) provided upon registration by you, and the Company is not liable for any loss you may incur as a result of someone else using Your Account, either with or without your knowledge.
You agree to accept responsibility for all activities that occur in or from Your Account, and agree to establish reasonable security procedures and controls to limit access to the password or other identifying information of Your Account to unauthorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your Information. Your credentials include your Customer name and password to Your Account and to any third-party account you have used to login to Your Account.
CityRide will not be liable for any breach of security or unauthorized use of Your Account.
The Company will not be liable if you do not download the correct mobile application including correct and compatible version of the CityRide mobile application.
You agree that CityRide (either directly or indirectly through its affiliates or third parties) may communicate with you in connection with the SAAS based platform services offered by CityRide on the Platform to You, either electronically (for example, push notifications), or through phone calls, WhatsApp messenger application, email, or in writing through other modes.
Once you have registered Your Account, you will be discoverable on the Platform to your Customers and will be able to offer and provide ride services based on the pick-up location and drop off location chosen by your Customers and the ride fare mutually agreed between you and your Customers.
After the acceptance of the ride service request by you, you can communicate with your Customers on the Platform until the start of the ride.
The Platform will reflect an indicative price range as per the government rate card for the distance between your chosen pick up and drop off location. The ride fare will be decided by you and the Captain mutually. CityRide is not involved or responsible for fixing the ride fare for the ride service.

II. GENERAL COVENANT

In relation to your access of the Platform and to provide the ride services, you covenant and agree to the following:

For the purposes of registration/ creation of an account on the Platform and providing the ride services, you confirm that you are 18 years of age.
You are not restricted by any legal, regulatory, judicial, quasi-judicial or other authority, to access the Platform or provide the ride.
You will provide the ride services solely as permitted and in accordance with these T&Cs, while operating on SAAS Platform
These T&Cs impose valid and legally binding obligations on you and are enforceable against you.

III. PAYMENT TERMS

The Company has the discretion to charge subscription fees from the Captain in consideration for the SAAS Platform provided by CityRide, as updated on the Platform from time to time, which will be subject to applicable taxes.
Captain will collect the ride fare, directly from their Customers, for ride services rendered to their Customers.
CityRide may display an estimated ride fare range based on market rates that apply to the route and approximate distance your Customers have chosen on the Platform which you may use as guidance for you to quote or accept the ride fare. However, CityRide makes no guarantee or warranty with respect to the accuracy or reliability of the ride fare displayed and is merely provided for guidance.
Captain may levy on their Customers cancellation fee, refund, or other charges including applicable taxes in connection with the ride services. These charges, fees, and any other payments owed by Captain’s Customers to the Captain or owed by the Captain to their Customers are part of the contractual arrangement between Captain’s Customers and the Captain for the ride services and are required to be settled between Captain’s Customers and the Captain. In no event will CityRide be responsible or liable for any such payments.
If the Company is not able to provide leads to the Captain on account of platform or app related issues, then the Company may compensate the Captain at its own discretion. This compensation is offered by the Company in the form of liquidated damages against the subscription fee charged from the Captain to access the Platform.
The Captain will issue appropriate invoices as required under applicable law including Goods and Services Tax laws, to their Customers for or in connection with the ride services. CityRide will not issue any invoice to Captain’s Customers or enable the Captain to issue any invoices in connection with the ride services to their Customers, as the transaction in connection with such ride services, including payments of ride fare, are to be settled directly between Captain’s Customers and the Captain, and CityRide has no role to play in the same.
Captain agrees and acknowledges that CityRide is not in any way responsible for the settlement of any payments owed to you by your Customers or owed by you to your Customers.
These T&Cs are subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.
You are responsible for the collection and remission of all taxes associated with the ride services provided by you, or any transactions from your use of the platform, and CityRide will not be held accountable in relation to any transactions between the Captain’s Customers and Captains where any tax related issue has occurred.
The Company reserves the right to vary, or discontinue, any of the platform based services and/ or making the platform available in their entirety.

IV. YOUR CONDUCT

1. In relation to the Platform, the Captain agrees to:

Not authorize others to use Your Account on the Platform;
Not assign or otherwise transfer Your Account to any other person or legal entity;
Not use the Platform for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
Not carry-out any activity which is prohibited by any law in any manner (including but not limited to, taking calls, consume alcohol or drugs or other illegal substances, or be under the influence of drugs or other illegal substances, when providing ride services) which may impact CityRide in any manner.;
Not impair the proper operation of the network/ Platform and will not use any device, software, routine, file or other tool or technology, which includes any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage, interfere with or affect functionality or operation of the Platform, to surreptitiously intercept or expropriate any system, data or information in connection with the content hosted/ available on the Platform, or to affect the operation of any other websites or the internet;
Not take any action that imposes an unreasonable or disproportionately large load on the infrastructure associated with the Platform, including but not limited to denial-of-service attacks, “spam” or any other such unsolicited overload technique;
Not try to harm the Platform in any way whatsoever;
Not copy, or distribute any content on the Platform without written permission from the Company; and
Not use the Platform with an incompatible or unauthorized device.

2. In addition to the foregoing, you will not upload, display, share, host, publish or transmit any information that:

Either belongs to another person or to which you do not have any right whatsoever;
Is harmful, offensive, harassing, obscene, pornographic, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or an online game that causes your Customer’s harm, or otherwise unlawful in any manner whatsoever, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
Infringes any patent, trademark, copyright or any other proprietary rights;
Harms minors in any way or is harmful to child;
Includes any commercial material or content (including solicitation of funds, advertising, or marketing of any goods or services);
Deceives or misleads the addressee about the origin of such messages, or communicates any misinformation or information which is patently false and untrue or misleading in nature or in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit specified by the Government;
Impersonates another person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
Is in the nature of an online game that is not verified as a permissible online game;
Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; or
Violates any law for the time being in force.

3. The Company reserves the right to immediately terminate the use of the Platform by the Captain if he does not comply with any of the above rules in Clauses IV.1 and IV.2 above.

4. In consideration of safety aspects, the Captain will not be permitted to operate on the Platform for more than such number of hours on a calendar day as mandated under the applicable laws and should take a mandatory break of such number of hours before subsequent login into the Platform and offering the ride services, as required by applicable law.

5. The Captain consents to provide identity documents as required under CityRide’s policies, directly or indirectly through a third party appointed by the Company.

V. REPRESENTATIONS, WARRANTIES AND COVENANTS

1. The Captains and the Company represent the following:

They have all requisite power and authority to, deliver and perform, the obligations imposed herein;
The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order, or judicial pronouncement which is applicable to each party; and
They have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.

2. The Captains hereby represent, warrant and covenant the following:

They have all rights, licenses, and permits as may be required under applicable laws to perform the ride services in accordance with these T&Cs;
They are in compliance with the Motor Vehicles Act, 1988 (“MV Act”), and any other applicable laws (including rules, regulations and orders notified thereunder) as required to be complied with by any person driving Vehicles or providing the ride services;
At the time of onboarding with the Platform, they have not been convicted within the past 3 years, for the offence of driving under the influence of alcohol or any cognizable offence under the Code of Criminal Procedure, '1973 or the Indian Penal Code, 1860 (as may be applicable) including fraud, sexual offences, use of a motor vehicle to commit a cognizable offence, a crime involving property damage or theft, acts of violence, or acts of terror;
They hold and will maintain updated/ renewed licenses, insurance and permits necessary for the use of Vehicle;
They will follow traffic regulations and all applicable laws;
They will not carry any weapons, firearms, ammunition, explosive devices and dangerous substances during performance of the ride services;
Platform will not be responsible for the any action of the Captain (including but not limited to cancellation/ refusals).

VI. RELATIONSHIP BETWEEN THE PARTIES

The Captain will be accessing the SAAS Platform to discover the leads of Captain’s Customers. No other relationship exists between the Captain and the Company. The Company and the Captain are independent legal entities, and nothing in these T&Cs will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the Captain. It is clarified that neither party will have any right to conclude any contract for and/ or on the behalf of the other party in any manner.

VII. CONFIDENTIALITY

The Captain will keep confidential all Confidential Information including details of Captain’s Customers, market information, all work products and documents related thereto, and the contents of the SAAS Platform and will not sell or otherwise make that information available to any third parties. Except as otherwise agreed, the data of Captain’s Customers will be the exclusive property of the Company or the Captain’s Customers, and the Captain will not use the same for any purpose or distribute such data in any form or means except for the purpose of providing the ride services and other than as permitted by the Company and will keep it confidential at all times.
“Confidential Information” will mean and include all non-public information relating to us or disclosed by us or our affiliates to you that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential information includes but is not limited to: (a) contents/ information relating to ride services and Platform; (b) information relating to our or our affiliates or business partners’ technology, software, customers, business plans, product plans and designs, promotional and marketing activities, finances and other business affairs; (c) third-party information including that of Captain’s Customers which we are obligated to keep confidential; (d) the nature, content and existence of any discussions or negotiations between you and us or our affiliates; and (e) any other information which should be reasonably kept confidential.

VIII. PROPRIETARY RIGHTS

The Company is the sole owner and lawful licensee of all the rights to Platform or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, the website/ Platform, etc. or any other digital media content embodying trade secrets and Intellectual Property Rights protected under worldwide copyright and other laws. All titles, ownership and Intellectual Property Rights in the Platform and its content (except third party links) will remain with the Company, its affiliates, agents, authorized representatives, or licensors as the case may be.

The term “Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including: (i) patent rights and utility models, (ii) copyrights and database rights including moral rights, (iii) trademarks, trade names, domain names and trade dress and the associated goodwill, (iv) trade secrets, and (v) industrial design rights; and for each of the foregoing includes any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
All rights not otherwise claimed under this T&Cs or by the Company are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
Subject to your compliance with these T&Cs, the Company grants you a limited, non- exclusive, revocable, non-transferable license to download and install a copy of the CityRide mobile application on a single mobile device that you own or control and to run such copy of the CityRide mobile application solely for your own personal use, for the term of these T&Cs.
Captain data: As between CityRide and Captain, all right, title and interest in: (i) the Information, (ii) other information input into the SAAS Platform by Captain or its authorized Captain’s Customers (“Other Information”), and (iii) all Intellectual Property Rights in each of the foregoing, belong to and are retained solely by the Captain. Information and Other Information are collectively referred to as “Your Information”. Captain grants to the Company an unlimited, non-exclusive, royalty-free, worldwide license to use Your Information and perform all acts with respect to Your Information, as may be necessary for CityRide to operate, maintain and improve the SAAS Platform ride, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify and distribute the Other Information as a part of the Aggregated Statistics (defined below). Captain is solely responsible for the accuracy, quality, veracity, integrity, legality, reliability, and appropriateness of Your Information. The Company agrees to access and use Your Information solely for Captain’s/ Captain’s Customers benefit and as set forth in these T&Cs or the Privacy Policy.
Aggregated statistics: Notwithstanding anything else in these T&Cs, the Company may monitor Captain’s use of the SAAS Platform, and use data and information related to such use and Your Information in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the SAAS Platform and the services (“Aggregated Statistics”). As between CityRide and Captain, all right, title and interest in the Aggregated Statistics and all Intellectual Property Rights therein, belong to and are retained solely by CityRide. Captain acknowledges that CityRide will be compiling Aggregated Statistics based on Your Information and Information input by other customers/ other Captains into the Platform. Captain agrees that CityRide may: (i) make such Aggregated Statistics publicly available, and (ii) use such information to the extent and in the manner required by applicable law and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify Captain.
The Captain will not do the following:
1. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
2. Modify or make derivative works based upon the Platform;
3. Create internet “links” or “frame” or “mirror” any application on any other server or wireless or internet-based device; or
4. Reverse engineer or access the Platform in order to:
  1. design or build a competitive product or service,
  2. design or build a product using similar ideas, features, functions or graphics of the Platform, or
  3. copy any ideas, features, functions or graphics of the Platform, or
  4. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform.

IX. INDEMNITY

The Captain agrees to indemnify, defend and hold harmless, the Company, its affiliates, licensees and its officers, directors, agents and employees, from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including attorneys’ fees and court costs) which result from a breach or alleged breach of these T&Cs by you including but not limited to, (i) your use or misuse of the Platform or SAAS services on the platform; (ii) your breach or violation of any of these T&Cs; and (iii) any claims from any third-party as a result of or in connection with provision of ride services provided by You, or the Platform services.

X. DISCLAIMERS

1. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SAAS SERVICES PROVIDED BY CityRide AND/OR THE PLATFORM. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SAAS SERVICES PROVIDED BY CityRide AND/OR THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE PLATFORM / SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PLATFORM RELATED SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE PLATFORM SERVICES PROVIDED BY CityRide AND/OR THE PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.

2. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded and disclaimed to the highest and maximum extent. The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of the Platform. You acknowledge and agree that the entire risk arising out of your use of the Platform remains solely and absolutely with you and you will have no recourse whatsoever to the Company.

3. The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this Platform, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with a service.

4. All rights not otherwise claimed under these T&Cs or by the Company are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.

5. Neither party hereto will be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.

6. The information, recommendations provided to you on or through the website, or the Platform is for general information purposes only and does not constitute advice.

7. The Company will reasonably keep the Platform and its contents correct and up to date and offer you uninterrupted access but does not guarantee that the Platform is free of errors, defects, malware and viruses or that the contents in the Platform are correct, up to date and accurate. CityRide assumes no liability whatsoever for any monetary or other damage or loss suffered by you on account of the delay, failure, interruption or errors in the operation of the Platform.

8. The Company will further not be liable for damages resulting from the use of or the inability to use the SAAS Platform, including but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

9. Access to the SAAS Platform may be unavailable, delayed, limited or slowed, from time to time, due to the inherent nature of the internet and among other things also due to:

Servers, networks, hardware failure (including your own computer or mobile), telecommunication lines and connections, and other electronic and mechanical equipment;
Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
Overload of system capacities;
Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
Interruption (whether partial or total) of power supplies or other utility service, strike or other stoppage (whether partial or total) of labour;
Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
Any other cause (whether similar or dissimilar to the above) beyond control of CityRide.

10. The Captains are independent service providers of ride services. The Company is not responsible for the behaviour, actions, or inactions of Captains or quality of the Vehicle or the ride services. Any contract for the ride services including payment for such services is exclusively between Captain’s Customers and the Captain and the Company is not a party to the same.

11. For the avoidance of doubt, it is clarified that the Company itself does not provide the ride services and is not a provider of the said services. CityRide’s role is limited to enabling lead generation and discovery of Captain’s Customers, and linking third party service providers who provide or offer to provide ride services directly to Captain’s Customers.

XI. LIMITATION OF LIABILITY

The Company is not responsible for the behaviour, actions or inactions of the Captain or, quality of the Vehicle. Any contract for the provision of ride services is exclusively between the Captain’s Customers and the Captain and the Company is not a party to the same.
IN NO EVENT WILL CityRide BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CityRide’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE T&Cs OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF INR 1000/-.

XII. TERMINATION

Company is entitled to terminate these T&Cs at all times and with immediate effect, at its sole discretion, (by disabling the Captain’s registration on the Platform and use of the Platform) for any one or more of the following reasons:
1. Any violation or breach of any term of these T&Cs or non-compliance with the requirements under applicable laws;
2. If the Captain, in the opinion of the Company, misuses the Platform; or
3. Where, in their opinion, continuance of the services of Captain is detrimental to the business interest of CityRide due to the acts of the Captain.
The Company may terminate these T&Cs immediately on the above grounds and is not obliged to give notice of the termination of these T&Cs in advance.
CityRide, in addition to its right to terminate these T&Cs, in its sole discretion reserves the right to legally prosecute the Captain immediately, if there is reason to believe that the Captain has indulged in any fraudulent activity or contravened the T&Cs of the Platform or violated any applicable laws and CityRide will not be responsible for any consequences to the Captain arising from the same.
Upon termination:
1. Captain will stop accessing the Platform; and
2. Captain will cease holding out as a ride service provider using with CityRide’s SAAS Platform in any manner.

XIII. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

These T&Cs will be governed by and interpreted in all respects in accordance with the laws of the Republic of India.
Subject to the provisions made in Clause XIII.3, the parties hereby submit to the exclusive jurisdiction of the courts of Bangalore, India.
All disputes arising out of or in relation to these T&Cs will be settled amicably by the parties. In the event, no amicable settlement is arrived at within a period of 15 (fifteen) days from the date of first initiation of the dispute by one party to other, the parties will resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.
The arbitration proceedings will be conducted by an arbitral tribunal comprising of 1 arbitrator mutually appointed by you and the Company.
The arbitration proceedings will be conducted in English language only and the seat for arbitration will be Bangalore, India.
The award of the arbitral tribunal will be final and binding.

XIV. ASSIGNMENT

You may not assign your rights under these T&Cs without prior written approval of the Company. CityRide may freely assign its rights and obligations without prior notice to or consent from Captain.

XV. AMENDMENT

These T&Cs may be amended from time to time and as and when required, at the sole discretion of the Company. If CityRide makes any changes to these T&Cs that it deems to be material, CityRide will make a reasonable effort to inform you of such changes, but it is your responsibility to review the T&Cs posted to the Platform from time to time to see if it has been changed. The updated version of these T&Cs will supersede the current version and such updated version will be immediately effective upon being posted on the Platform. The continued use of the Platform following the notification of modification of the T&Cs or after being updated on the Platform will be construed to mean the acceptance of the said modified T&Cs.

XVI. SEVERABILITY

If any portion of these T&Cs are found to be unenforceable, the remaining portion will remain in full force and effect.

XVII. NOTICES

The Company may give notice by means of a general notice on the Platform, or by electronic mail to your email address on record in the Company’s account information, or by written communication sent by regular mail to the Captain’s address on record in the Company’s account information.
Captain needs to send any notice at email id: captaincare@CityRide.bike .

XVIII. CUSTOMER CARE AND GRIEVANCE REDRESSAL

Any opinions, issues or suggestion regarding the Platform can be provided / resolved by reaching out to the customer care number or email mentioned below:

Customer Care details: shoutout@CityRide.bike

You can also reach out to the Customer Care through our 24*7 call support only with respect to any technical issues faced by you on the SAAS Platform or for safety and security situation. The Customer Care shall not be otherwise responsible for handling any issues relating to the ride services provided by You to your Customers (including relating to the ride fare, collection of ride fare, service quality etc.).

TERMS AND CONDITIONS FOR USERS

(Cabs & Toto)

A. GENERAL TERMS

These terms and conditions, including along with any other agreements executed or accepted by you (“you/ your” or “User”), which are incorporated herein by reference (“Terms”) apply when you access, use or interact with the mobile application (“CityRide App”) or website or any other site (collectively, “Platform”) provided by Roppen Transportation Services Private Limited (“CityRide”/ “Company” / “us”, “we” or “our”) whether through a computer or a mobile phone or any other device.

The ride services are provided/ offered by third party vehicle operators, service providers or drivers who wish to use the Platform to discover the User hereinafter referred to as (“Captain(s)”).

These Terms govern your access/ interaction or use of the Platform. Please read these Terms carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform. By using this Platform, you acknowledge that you have read and understood these Terms and agree to be bound by these Terms, without any limitation or qualification. If you do not agree with these Terms, please do not access the Platform.

These Terms expressly supersede prior agreements or arrangements with you. Use of and access to the Platform is offered to you upon the unconditional acceptance by you of all the terms, conditions and notices contained in these Terms and Privacy Policy (which is incorporated herein by reference), along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time.

I. PLATFORM

CityRide owns technology-based Software-as-a-Service (“SAAS”) platform (collectively called as “SAAS Platform), which acts as a discovery platform, enabling lead generation for Captains, who provide or offer to provide passenger transport services, on their own account, to you by means of three- wheelers (“Auto”) and four-wheelers (“Cab”) (collectively "Vehicle (s)"), in accordance with terms and conditions as may be agreed between you and the Captains.

By way of these terms and conditions, you are permitted to access the SAAS Platform to discover the availability of Captains, as per your chosen pick up and drop off location and the ride fare to be mutually agreed between you and the Captains.

II. GENERAL COVENANTS

In relation to your use and access of the SAAS Platform, you represent, warrant, and provide the following undertakings:

For the purposes of registration/ creation of an account on the Platform, you confirm that you are 18 years of age.
You are not restricted by any legal, regulatory, judicial, quasi-judicial or other authority, to access the SAAS Platform.
You agree to access the SAAS Platform only for purposes that are permitted by these Terms and in accordance with applicable laws.

III. REGISTRATION ON THE PLATFORM

By using the SAAS Platform, you authorize CityRide, whether directly or indirectly through third parties, to collect information about you or make any inquiries necessary to validate your identity, in accordance with our Privacy Policy. Please read the Privacy Policy to understand how we collect, process, and share your information (“Information”).
When you provide any Information to CityRide, you agree to provide only true, accurate, current, and complete Information.
You must register on the Platform and create an account on the Platform (“Your Account”) by providing accurate Information as sought during the registration process.
You are solely responsible for maintaining the confidentiality of your credentials (username, password, etc.) provided upon registration and the Company is not liable for any loss, you may incur as a result of someone else using Your Account, either with or without your knowledge.
You agree to establish reasonable security procedures and controls to limit access to the password or other identifying information of Your Account to unauthorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your Information. Your credentials include your username and password to Your Account and to any third-party account you have used to login to Your Account.
You agree to inform us immediately if you have any reason to believe that your login credentials have become known to anyone else, or if the password or Your Account is being or is likely to be used in any unauthorized manner.
Further, we may ask you for Information or documents that will allow us to reasonably identify you, requiring you to take steps to confirm your right over your email address or financial instruments, or verifying your Information against third party databases or through other sources. We reserve the right to terminate, suspend, or limit access to SAAS Platform in the event we are unable to obtain or verify this Information.
You understand and acknowledge that the responsibility to provide correct Information, including your contact information, as may be required in connection with the access to the SAAS Platform, lies solely with you. You must take all caution to ensure that there are no mistakes and errors in the Information you provide. We will not be responsible to verify the accuracy of the Information provided by you.
Your Account cannot be transferred, assigned, or sold to a third party. The SAAS Platform is not available for use by persons under the age of 18. You may not authorize third parties to use Your Account.
You agree to accept responsibility for all activities that occur in or from Your Account.
CityRide will not be liable for any breach of security or unauthorized use of Your Account.

IV. ACCESS TO SAAS PLATFORM

Once you have registered Your Account, you will be able to discover available Captains who offer to provide ride services from your chosen pick up location and your chosen drop off location on the CityRide App.
All payments, refunds, and cancellations are transactions between you and the Captain, are to the total exclusion of CityRide, and outside the SAAS Platform.
You will be able to quote an offer price to the Captains using the CityRide App’s functionality, for the route and approximate distance, for which you require passenger transport services from the Captains. The Captains will have an option to either reject the offer price quoted by you, or accept such price.
Once you and the Captain have agreed on the ride fare, the Captain shall provide ride services to you from your chosen pick up location to your chosen drop location, and CityRide shall not be involved in the transportation at any stage.
CityRide may display an estimated fare range based on market rates that apply to the route and approximate distance you have chosen on the Platform which you may use as guidance for you to quote the offer price. However, CityRide makes no guarantee or warranty with respect to the accuracy or reliability of the price displayed and is merely provided such information for guidance.
The Company reserves the right to vary, or discontinue access to the SAAS Platform at its sole discretion.

V. PAYMENT FOR PASSENGER TRANSPORTATION SERVICES

You will be required to pay ride fare for the ride services, availed by you, directly to the Captain.
The Captain may levy any charge including applicable taxes in connection with the ride services. These ride fare, fees, and any other payments owed by you to the Captain or owed by the Captain to you are part of the contractual arrangement between you and the Captain for the ride services and are required to be settled between you and the Captain outside the SAAS Platform. In no event will CityRide be responsible or liable for any such collections/ payments.
The Captain may issue an invoice to you for or in connection with the ride services. CityRide will not issue or enable issuance of any invoice to you in connection with the ride services as the transaction in connection with the ride services.
These Terms are subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.

VI. YOUR CONDUCT

You will access the SAAS Platform for lawful purposes and in compliance with applicable laws, and refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation.
You will not use the Platform to cause nuisance, annoyance or inconvenience to Company or any other party.
You will not misuse the Platform or attempt to defraud either the Company or any other party.
You will not indulge in any fraudulent activities including, but not be limited to intentionally falsifying Information, create dummy/ duplicate accounts for fraudulent purposes, manipulate the settings on a phone / any other device to prevent or impair the proper functioning of the SAAS Platform, abuse promotions and/or not use them for their intended purpose, dispute charges for fraudulent or illegitimate reasons, falsify documents, records, or other data for fraudulent purposes, or any other activity which is in contravention of applicable laws, is in violation of these Terms, or is not intended or permitted under these Terms.
By using the Platform, you acknowledge and agree that:
1. You will download the Platform for your personal use and will not resell it to a third party;
2. You will not use the Platform for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
3. You will not impair the proper operation of the Platform and you will not use any device, software, routine, file or other tool or technology, which includes any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage, interfere with or affect functionality or operation of the SAAS Platform, to surreptitiously intercept or expropriate any system, data or information in connection with the access to the SAAS Platform or as hosted/ available on the SAAS Platform, or to affect the operation of any other websites or the internet;
4. You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure associated with the SAAS Platform, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique;
5. You will not copy, or distribute the Platform or its contents without written permission from the Company;
6. You will not do the following:
  1. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
  2. Modify or make derivative works based upon the Platform;
  3. Create internet “links” or “frame” or “mirror” any application on any other server or wireless or Internet-based device; or
  4. Reverse engineer or access the Platform in order to:
    - design or build a competitive product or service,
    - design or build a product using similar ideas, features, functions or graphics of the Platform,
    - copy any ideas, features, functions or graphics of the Platform, or
    - launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform.
7. You will not use the Platform with an incompatible or unauthorized device; and
8. If you create more than one account per User, CityRide has the right to terminate such accounts.
In addition to the foregoing, you will not upload, display, share, host, publish or transmit any information that:

Belongs to another person and to which you do not have a right to such information;
Is harmful, offensive, harassing, obscene, pornographic, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or an online game that causes user harm, or otherwise unlawful in any manner whatsoever, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
Infringes any patent, trademark, copyright or any other proprietary rights;
Harms minors in any way or is harmful to child;
Any commercial material or content (including solicitation of funds, advertising, or marketing of any good or services);
Deceives or misleads the addressee about the origin of such messages, or communicates any misinformation or information which is patently false and untrue or misleading in nature, or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit specified by the Government;
Impersonates another person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
Is in the nature of an online game that is not verified as a permissible online game;
Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; or
Violates any law for the time being in force.

The Company reserves the right to immediately terminate your access of the SAAS Platform should you not comply with the any of the rules provided in these Terms.

VII. COMMUNICATION AND NOTIFICATION

You agree that CityRide (either directly or indirectly through its affiliates or third parties) may communicate with you, only in connection with a, emergency involving a safety and / or security situation, either electronically (for example, push notifications), or through phone calls, WhatsApp messenger application, email, or in writing through other modes.
Any electronic communications will be considered to be received by you within 24 hours of the time we send it to your attention (such as via email, SMS or other online notification, by WhatsApp messenger application) in the event of an emergency safety and security situation. We will assume you have received any communications sent to you by postal mail, 3 business days after we send it.
If you are a User who has registered on the SAAS Platform and shared your contact details with us, we may need to contact you in connection to the SAAS Platform, in the event of safety and security situation, and you give express consent to us and our permitted assigns and third-party agents to communicate with you in any way, such as calling, texting, or e-mailing via:
- A mobile phone or landline number you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours);
- Any email address you provide to us or associated with your account on the Platform;
- Automated dialler systems and automatic telephone dialling systems; and
- Pre-recorded or artificial voice messages and other forms of communications.
The accuracy, readability, clarity, and promptness of the communications depend on various factors. CityRide will not be responsible for any non-delivery, delayed delivery, or distortion of the communication in any way whatsoever with respect to the ride services provided directly by the Captain to the Users.

VIII. DISCLAIMERS

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR THE PLATFORM. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE ACCESS OF THE SAAS PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE ACCESS TO SAAS PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES AND/OR THE PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM IS PROVIDED TO YOU STRICTLY ON AN ”AS IS“ BASIS.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded and disclaimed to the highest and maximum extent. You acknowledge and agree that the entire risk arising out of your access of the SAAS Platform remains solely and absolutely with you, and you will have no recourse whatsoever to the Company.
The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this SAAS Platform, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with a Service.
All rights not otherwise claimed under these Terms or by the Company are hereby reserved. The information contained in this SAAS Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
The Captains are independent service providers. The Company is not responsible for the behaviour, actions, or inactions of Captains or quality of the Vehicle or the services which may be provided to you by the Captains. Any contract for the ride services including payment for such services is exclusively between you and the Captain and the Company is not a party to the same. You avail ride services from the Captains at your own risk.
For the avoidance of doubt, it is clarified that the Company itself does not provide the ride services, and is not a service provider. You acknowledge and understand that CityRide’s role is limited to that of a discovery platform by way of the CityRide App which enables lead generation and discovery of Users for the Captains (who provide or offer to provide you ride services directly and are not employed by CityRide or any of its affiliates). The ride services are offered / provided at the discretion of the Captains and you can accept the offer for such services at your discretion.
The information, recommendations provided to you on or through the website, or the SAAS Platform is for general information purposes only and does not constitute advice.
The Company will reasonably keep the SAAS Platform and its contents correct and up to date and offer you uninterrupted access but does not guarantee that the SAAS Platform is free of errors, defects, malware and viruses or that the contents in the Platform are correct, up to date and accurate. CityRide assumes no liability whatsoever for any monetary or other damage or loss suffered by you on account of the delay, failure, interruption or errors in the operation of the Platform.
The Company will further not be liable for damages resulting from the use of or the inability to use the SAAS Platform, including but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Access to the SAAS Platform may be unavailable, delayed, limited or slowed, from time to time, due to the inherent nature of the internet and among other things also due to:
1. Servers, networks, hardware failure (including your own computer or mobile), telecommunication lines and connections, and other electronic and mechanical equipment;
2. Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
3. Overload of system capacities;
4. Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
5. Interruption (whether partial or total) of power supplies or other utility service, strike or other stoppage (whether partial or total) of labour;
6. Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
7. Any other cause (whether similar or dissimilar to the above) beyond the control of CityRide.

IX. INTELLECTUAL PROPERTY RIGHTS

The Company is the sole owner and lawful licensee of all the rights to Platform or any other digital media and its contents. Content includes its design, layout, text, images, graphics, sounds, video, etc. the website, Platform, or any other digital media content that embody trade secrets and Intellectual Property Rights protected under worldwide copyright and other laws. All titles, ownership, and Intellectual Property Rights in the Platform and its content remain with the Company except the third-party content and link to third party website on the Platform.

The term “Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including:
1. patent rights and utility models,
2. copyrights and database rights including moral rights,
3. trademarks, trade names, domain names and trade dress and the associated goodwill,
4. trade secrets, and
5. industrial design rights;
and for each of the foregoing includes any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable license to download and install a copy of the Platform on a single mobile device that you own or control and to run such copy of the Platform solely for your own personal use, for the term of these T&Cs.
User Data:
As between CityRide and User, all right, title and interest in:
1. the Information,
2. other information input into the Platform by the User or its authorized users (“Other Information”), and
3. all Intellectual Property Rights in each of the foregoing,
belong to and are retained solely by the User. Information and Other Information are collectively referred to as “User Information”. User grants to CityRide a limited, non-exclusive, royalty-free, worldwide license to use the User Information and perform all acts with respect to the User Information, as may be necessary for CityRide to operate, maintain and improve the SAAS Platform User, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify and distribute the Other Information as a part of the Aggregated Statistics (defined below). User is solely responsible for the accuracy, quality, veracity, integrity, legality, reliability, and appropriateness of all User Information. CityRide agrees to access and use the User Information solely as set forth in these Terms or the Privacy Policy.
Aggregated Statistics:
Notwithstanding anything else in these Terms, CityRide may monitor User’s (including the authorized users) access of the SAAS Platform and use data and information related to such use and User Information in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Platform and the Services (“Aggregated Statistics”). As between CityRide and User, all right, title and interest in the Aggregated Statistics and all Intellectual Property Rights therein, belong to and are retained solely by CityRide. User acknowledges that CityRide will be compiling Aggregated Statistics based on User Information and Information input by other Users into the Platform. User agrees that CityRide may: (i) make such Aggregated Statistics publicly available, and (ii) use such information to the extent and in the manner required by applicable law and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify User.

X. THIRD-PARTY LINKS

During access of the SAAS Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party Captain, advertisers or sponsors showing their goods and/or services through a link on the SAAS Platform. These links take you off the Platform and are beyond the Company’s control. You, therefore, visit or access these websites entirely at your own risk.
Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are, therefore, advised to check the terms of use or privacy policies on those websites prior to using them.

XI. TERM AND TERMINATION

The Company is entitled to terminate your access to the SAAS Platform at all times and with immediate effect (by disabling your use of the Platform and the Service) if you: (a) violate or breach any term of these Terms, or (b) in the opinion of the Company, misuse of the Platform or the Service, or (c) if there is reason to believe that the account is used fraudulently.
In addition to the above grounds Company may terminate your access to the SAAS Platform with immediate effect (by disabling your use of the Platform and the Service) at its sole discretion without assigning any cause.
The Company is not obliged to give notice of the termination in advance. After termination the Company will give notice thereof in accordance with these Terms.
The Company, in addition to its right to terminate or suspend access to Your Account in case of violation of these Terms, the Privacy Policy or any applicable law, in its sole discretion reserves the right to legally prosecute you, if you act in a way that the Company at its sole capacity decide involves fraud or misuse of the SAAS Platform, or is harmful to the Company’s interests or another user or any other participating third-party.
The Company’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of the Company’s rights.

XII. INDEMNITY AND LIMITATION OF LIABILITY

You will, at your expense, defend, indemnify and hold the harmless, the Company, its affiliates, licensees and its officers, directors, agents and employees from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) which result from a breach or alleged breach of these Terms by you including but not limited to, (i) your use or misuse of the SAAS Platform; (ii) your breach or violation of any of these Terms; and (iii) any claims from any third-party as a result of or in connection with your use of the SAAS Platform;.
CityRide reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify CityRide, including rights to settle, and you agree to cooperate with CityRide for such defence and settlement. CityRide will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. User may, at its own expense, engage separate counsel to advise User regarding a claim and to participate in the defence of the claim, subject to CityRide’s right to control the defence and settlement.
CityRide does not and will not assess nor monitor the suitability, legality, ability, of any Captain and you expressly waive and release CityRide from any and all liability, claims or damages arising from or in any way related to the Captain. CityRide will not be a party to disputes, negotiations of disputes between you and the Captain. We cannot and will not play any role in managing payments between you and the Captain. Responsibility for the decisions you make regarding services offered via the Captain, software and/or the Platform (with all its implications) rests solely with and on you. You expressly waive and release CityRide from any and all liability, claims, causes of action, or damages arising from your use of the service, software and/or the Platform, or in any way related to the Captain introduced to you by the service, software and/or the Platform.
IN NO EVENT WILL CityRide BE LIABLE FOR ANY, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CityRide’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE ACCESS OF THE SAAS PLATFORM RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF INR. 1000/-.

XIII. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

These Terms will be governed by and interpreted in all respects in accordance with the laws of the Republic of India.
Subject to the provisions made in Clause XIII.3, the Parties hereby submit to the exclusive jurisdiction of the courts of Bangalore, India.
All disputes arising out of or in relation to these Terms will be settled amicably by the parties. In the event no amicable settlement is arrived at within a period of fifteen (15) days from the date of first initiation of the dispute by one party to other, the parties will resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.
The arbitration proceedings will be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by the parties.
The arbitration proceedings will be conducted in English language only and the seat for arbitration will be Bangalore, India.
The award of the arbitral tribunal will be final and binding.

XIV. ASSIGNMENT

You may not assign your rights or obligations under these Terms without prior written approval of the Company. CityRide may freely assign its rights and obligations without prior notice to or consent from User.

XV. SEVERABILITY

If any provision or any part of a provision of these Terms is held to be invalid, unenforceable or prohibited by applicable laws of the Republic of India, such provision or part of provision will be severed from these Terms and will be considered divisible as to such provision or part thereof and such provision or part thereof will be inoperative and will not be part of the consideration moving between you and the Company hereto and the remainder of these Terms will be valid and binding and of like effect as though such provision was not included herein.

XVI. CHANGES TO THESE TERMS

CityRide may change these Terms from time to time. If CityRide makes any changes to these Terms that it deems to be material, CityRide will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Terms posted to the Platform from time to time to see if it has been changed. The updated version of these Terms will supersede the current version and such updated version will be immediately effective upon being posted on the Platform. The continued use of the Platform following the notification of modification of the Terms or after being updated on the Platform will be construed to mean the acceptance of the said modified Terms.

XVII. NOTICES

The Company may give notice by means of a general notice on the Platform, or by electronic mail to your email address on record in the Company’s account, or by written communication sent by regular mail to your address on record in Company’s account.

XVIII. GRIEVANCE REDRESSAL

Customer Care details: shoutout@CityRide.bike

Alternatively, you can contact Customer Care using the chat functionality on the CityRide App and an associate will get back to you. You can also reach out to the Customer Care through our 24*7 call support with respect to any technical issues faced by you on the SAAS Platform or for emergency safety and security situation. The Customer Care shall not be otherwise responsible for handling any issues relating to the ride services provided to You by the Captains (including relating to the ride fare, collection of ride fare, service quality, etc).