Rydesoon
These terms and conditions (“User Terms”) apply to Your visit to and use of the Site whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to You on or through the Site, and the Application. 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. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By clicking on the “I ACCEPT” button or by using Rydesoon’s services, You are acknowledging and consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If You do not wish to accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND Rydesoon IN RESPECT OF THE USE AND SERVICES OF THE SITE. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Rydesoon. These Terms expressly supersede prior agreements or arrangements with you. Rydesoon may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services.
Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at https://www.rydesoon.com/rydesoon/privacyPolicy. By accepting these User Terms, You also allow Rydesoon to send you promotional emails and SMS alerts from time to time.
IT IS HEREBY EXPRESSLY CLARIFIED THAT THESE USER TERMS WILL NOT APPLY TO CORPORATE ENTITIES WHO ARE GOVERNED BY THE Rydesoon CORPORATE TERMS OF USE. HOWEVER, ALL AUTHORIZED USERS TAKING ‘Rydesoon CORPORATE RIDES’ I.E., FOR CUSTOMERS WHO ARE AVAILING RIDES UNDER THE DIRECT ARRANGEMENTS BETWEEN CORPORATE ENTITIES AND Rydesoon SHALL ALSO BE GOVERNED BY THESE USER TERMS.
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
(i) “Account” shall mean the account created by the Customer on the Application for availing the Services provided by Rydesoon.
(ii) “Additional Fee” shall mean any toll, duty, inter-state taxes, etc. that may have been incurred in providing the Services and payable to any third party / government authorities for undertaking the Ride under Applicable Law.
(iii) “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
(iv) “Application” shall mean the mobile application “Rydesoon Cabs” updated by Rydesoon from time to time.
(v) “Convenience Fee”/” Access Fee” shall mean the fee payable by the Customer to Rydesoon for the Service i.e., for availing value added services including but not limited to technology services, door to door service, customer support and cashless payment options. Convenience Fee may also include any such fee that may be charged by third parties towards providing access to a particular location such as airports, railway stations etc.
(vi) “Cancellation Fee” shall mean a fee payable by You, towards cancellation of a Ride or a booking as detailed in Clause 7 of these User Terms and the Cancellation policy.
(vii) “City of Operation” shall mean a city in which the Customers and Drivers avail and render the transportation services respectively. For clarity, the services rendered by the Drivers and availed by the Customers shall be in the same city.
(viii) “Customer/ You” means a person who has an Account on the Application.
(ix) “Driver” shall mean and include such individuals as may be evaluated, appointed and trained by an operator associated with us to provide the transportation services and persons who are registered with Rydesoon and own such Vehicles with necessary city taxi permits and other applicable transport vehicle permits and licenses to provide transportation services within the City of Operation.
(x) “E-Wallet” shall mean a pre-paid instrument, which can be used to make payments.
(xi) “Fare” shall mean such amount payable by You in Indian Rupees, which is reflected on the Application, as the fare payable towards the distance traveled and time taken for the specific Ride. Fare may depend on several factors such as the availability of the Driver(s) on the platform at the time, city and may also reflect the fares that may have been stipulated by the respective Governments from time to time. It may include components to reflect any promotions carried out by Rydesoon.
(xii) “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Rydesoon.
(xiv) “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Rydesoon from the Customer from time to time for registration on the Application.
(xv) “Ride” shall mean the travel in the Vehicle by the Customer facilitated through the Site.
(xvi) “Service(s)” means the facilitation of the services by Rydesoon through the Application or via a telephone request at the call centre of Rydesoon, or booking on the Site.
(xvii) “Site” shall mean the Application and the website https://www.rydesoon.com/ operated by Rydesoon or any other software that enables the use of the Application or such other URL as may be specifically provided by Rydesoon.
(xviii) “Substitute Vehicle” shall mean another vehicle arranged for transporting the Customers to his/her destination, in the event of a Vehicle breakdown.
(xx) “Total Ride Fee” may comprise one or more of the following components that shall be levied to the ride based on various parameters including but not limited to distance travelled, time taken for the ride, city in which the ride is hailed, time of the day –
*Fares may vary on the basis of various market dynamics such as cost of living, fuel pricing, vehicle maintenance costs, interest rates, demand and supply situation, etc
(xxi) “T&Cs” and “User Terms” shall mean these Customer terms and conditions.
(xxii) “TPSP” shall mean a third party service provider.
(xxiii) “Vehicle” shall mean a motor cab as defined under the Motor Vehicles Act,1988.
You will be “Eligible” to use the Services only when You fulfil all of the following conditions:
(i) You have attained at least 18 (eighteen) years of age. (ii) You are competent to enter into a contract under the Applicable Laws.
If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.
3.1 You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.
3.2 You shall ensure that the Registration Data provided by You is accurate, complete, valid, true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
3.3 You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
3.4 We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.
3.5 Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), Rydesoon does not want You to, and You should not, send any confidential or proprietary information to Rydesoon on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to Rydesoon other than the Permitted Information will not be considered confidential or proprietary.
3.6 It is Your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
3.7 You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity
3.8 We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at [email protected].
3.9 In case, You are unable to access Your Account, please inform Us at [email protected] and make a written request for blocking Your Account. We will not be liable for any unauthorised transactions made through Your Account prior to the expiry of 72 (seventy-two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.
The Services constitute a technology platform that enables users of Rydesoon’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with Rydesoon (“Third Party Providers”). YOU ACKNOWLEDGE THAT Rydesoon DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY Rydesoon OR ANY OF ITS AFFILIATES.
4.1. The Services allows You to send a request through Rydesoon to a Driver on the Rydesoon network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, Rydesoon notifies You and provides information regarding the Driver- including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as Rydesoon may determine.
4.2. Rydesoon shall procure reasonable efforts to bring You into contact with a Driver, subject to the availability of Driver in or around Your location at the moment of Your request for such services.
4.3. By using the Application or the Service, You further agree that: (i) You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party; (ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization; (iii) You will not use the Service or Site for unlawful purposes; (iv) You will not try to harm the Service, Site or our network in any way whatsoever; (v) You will provide Rydesoon with such information and documents which Rydesoon may reasonably request; (vi) You will only use an authorized network to avail the Service; (vii) You are aware that when requesting Services, whether by message, via Site or calling the call center of Rydesoon, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply; (viii) You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service; and (ix) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notied thereunder.
4.4. Rydesoon reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, Rydesoon will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform Rydesoon on any change in the information provided by You.
4.5. Rydesoon or an authorized representative of Rydesoon, shall provide information regarding services, discounts and promotions provided by Rydesoon or a TPSP to You on the Rydesoon App or by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time visit the specific link provided in the Site to discontinue the same.
4.6. Rydesoon WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE INDIA OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM Rydesoon’S OBLIGATIONS UNDER THESE CUSTOMER T&C.
4.7. You agree to grant Rydesoon a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT Rydesoon TO
SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
4.8. You agree and permit Rydesoon to share any information provided by You with third parties in order to facilitate provision of certain value-added services offered by such third parties to You and/or to provide certain value-added services to You by Rydesoon. You hereby expressly consent to receive communications from Rydesoon/ third parties offering value-added services to You through Your registered phone number and/or e-mail id and/or the Site. You agree that You will not hold Rydesoon responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
4.9. Rydesoon will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, You will be provided with the services by Rydesoon jointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
4.10. In the event Rydesoon provides You any device as a part of the Services including but not limited to Rydesoon Play (“Rydesoon Device”), You shall comply with the following. ‘Rydesoon Play’ means a connected car platform using multiple devices in-car and cloud technology platform owned and operated by Rydesoon, which endeavours to provide an interactive experience to You – (i) You shall not tamper, pilfer or misuse the Rydesoon Device(s) or allow, induce or assist a third party to indulge in such activity. (ii) You shall not transcribe, distribute, download, store, duplicate and reproduce the content forming part of the Rydesoon Device(s) (“Content”), in whole or in part, through any medium including, but not limited to, tape, disc, hard disk, computer system, or other electronic recording or transmission device. (iii) You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party, in any way, the Rydesoon Device(s) and/or any Content; (ii) modify or make derivative works from the Content; (iii) create Internet “links” to the Content or “frame” or “mirror” any Content on any other server or wireless or internet based device; (iv) reverse engineer or access the Rydesoon Device(s) and/or Content in order to
(a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Rydesoon Device(s) and/or Content, or (c) copy any ideas, features, functions or graphics of the Rydesoon Device(s) and/or Content, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Rydesoon Device and/or Content (iv) You shall not use the Rydesoon Device(s) for any illegal or unlawful purposes including but not limited to playing / watching pornographic content on the Rydesoon Device and shall use the Rydesoon Device(s) solely for purposes determined by Rydesoon and strictly in accordance with these User Terms. You shall solely be responsible and liable for any violations of law committed by You and misuse of the Rydesoon Device(s), if any, with the Rydesoon Device(s). (v) You shall ensure that the Rydesoon Device(s) is maintained in Your possession in a proper manner. Rydesoon may, at its sole discretion, charge such amounts from You as may be determined by Rydesoon for use of the Rydesoon Device(s) by You.
(vi) In the event the Rydesoon Device(s) is not functioning properly or if there is any technical or safety issue in relation to the Rydesoon Device(s), You shall immediately inform the Driver about any such issue. (vii) You shall use the Rydesoon Device(s) with due care and caution and not do anything or permit anything to be done that may cause damage to the Rydesoon Device(s). If the Rydesoon Device(s) is damaged and is not repairable due to any act of You, You shall pay amounts to Rydesoon, as may be determined by Rydesoon. If You fail or are unable to pay the amounts determined by Rydesoon, Rydesoon shall be entitled to suspend / terminate Your Account with Rydesoon without prejudice to Rydesoon’s rights under these User Terms and under Applicable Laws.
4.11. In the event Rydesoon provides You any Vehicle for testing as a part of the Services including but not limited to Rydesoon CARS (“Rydesoon CARS”), You shall comply with the following: (i) You will ensure no damage is caused to the Vehicle in the course of your use/ testing the same and the same is returned in good condition; (ii) You agree that Rydesoon can charge you for any such damage caused to the Vehicle while being used by You; (iii) You will not use the test Vehicle only for the purpose of testing and shall not exceed the predetermined time/ distance.
4.12. In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, Rydesoon on a best effort basis and at its sole discretion may arrange for a Substitute Vehicle for completion of Your Ride to Your destination. However, the arrangement of Substitute Vehicle shall be subject to its availability.
4.13. You acknowledge and agree that Substitute Vehicle may not be necessarily of the same type as the original Vehicle booked by You from the Site.
4.14. Rydesoon bears no responsibility and liability for delays and losses suffered by You or caused to You as a consequence of the breakdown of the Vehicle or the Substitute Vehicle.
5.1. Rydesoon shall, upon receiving the booking request from You in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time and location , which shall be informed to You vide the application or SMS or email. In the event the booking is confirmed, You shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call center.
5.2. Upon confirmation of booking, a One Time Pin (OTP) shall be provided on the Application which shall be further shared by the Customer with the Driver. In the event that the Customer does not provide OTP to the Driver, Driver shall not be responsible for not starting on the services.
5.3. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation message via the application, SMS or email or failure to inform Rydesoon of the incorrect details immediately.
5.4. Certain selective customers will be eligible to avail the Service under a ‘Guest Booking’ feature, provided by Rydesoon. Such customers will also be bound by the terms and conditions set out herein.
6.1. Rydesoon shall provide an estimate of the Total Ride Fee to You at the beginning of every Ride. Such an estimate provided by Rydesoon shall be subject to change on account of several factors and shall be different to the actual Total Ride Fee levied at the end of ride. The Customer shall pay the actual Total Ride fee shown at the end of the ride in accordance with terms mentioned herein.
6.2. You understand and accept that the Total Ride Fee, including the applicable taxes, shall be payable by You to Rydesoon immediately upon completion of the Ride. Any difference arising at the end of the ride from the estimate shall be payable by You to Rydesoon immediately upon completion of the Ride.
Convenience Fee / Access Fee charged by Rydesoon towards the value added services provided by Rydesoon, as part of the Ride or otherwise, shall be determined and amended at the sole and absolute discretion of Rydesoon.
6.3. You understand and agree to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.
6.4. You shall be required to pay such Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee.
6.5. Rydesoon shall provide a receipt of the Total Ride Fee payable by You at the end of the Ride, however, invoices from Rydesoon, Driver or TPSP shall be provided to You on request. You may raise a request for a copy of the invoices from our Site.
6.6. You understand and agree to pay all applicable taxes included as part of the Total Ride Fee.
6.7. You shall choose to pay the Total Ride Fee by the modes of payment available to You by Rydesoon on the Site, in addition to Cash payment to the Driver after the completion of the Ride.
6.8. You may choose to pay the Total Ride Fee payable by You, in cash directly to the Driver upon completion of the Ride, only if the chosen method of payment is Cash or in such other case the Application may permit you to pay Cash.
6.9. You will be required to provide relevant payment details including Credit Card / Debit Card / Net Banking details (“Card Details”) to process payment of the Total Ride Fee and You authorize Rydesoon and an entity authorized by Rydesoon for providing payment gateway/processor services (“Payment Processor”) to access the Card details for processing the payment of Total Ride Fee. In this respect, it is clarified that the Payment Processor whose services are utilized for the purposes of the Site and/or Application and/or Services shall be compliant with PCI-DSS (Payment Card Industry – Data Security Standard) or such other standard notified by the relevant authority from time to time. By using the services of the Payment Processor, You understand and agree to the Terms and Conditions of the
Payment Processor as may be issued by the Payment Processor from time to time. Your authorization-
7.1. You shall not smoke, drink or carry any contraband substances in the Vehicles or misbehave with the Driver or distract the Driver or act in violation of Applicable Law. In the event You are found to be involved in the activities set out above, You shall be liable to pay a fine to us and we shall also have the right to terminate the Ride. In the event You fail to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by Rydesoon.
8.1. All issues, opinions, suggestions, questions and feedback while availing our Services can be communicated to us via several modes such as self serve app or website or email. After completion of the ride, you are entitled to give a suitable rating for the service and ride. You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the Rides or Services.
8.2. Reporting of any issue needs to be within 30 (thirty) days of the happening of the issue, failing which, such issue will not be addressed.
8.3. Any issue reported on channels other than the above may be addressed by Rydesoon only on a best-effort basis. Rydesoon takes no liability for inability to get back on other channels.
8.4. Rydesoon shall endeavor to respond to Your issues within 2 (two) working days of Your reporting the same and endeavor to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis.
9.1 We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
10.1 By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold Rydesoon, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including the TPSPs or (c) Your use or misuse of the Application or Service.
11.1. The information, recommendations and/or Services provided to You on or through the Site, the Application and Rydesoon call center are for general information purposes only and do not constitute advice. Rydesoon will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
11.2. Rydesoon shall not be liable for You missing trains/flights/events or delays etc. as the Service is dependent on many factors not in Rydesoon’s control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other unexpected delays.
11.3. In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, Rydesoon shall only endeavour to get You in touch with the Driver assigned for Your Ride.
11.4. Rydesoon shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call center number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
11.5. You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, Rydesoon will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same. If You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform Rydesoon of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of Rydesoon.
11.6. Rydesoon shall not be responsible for any loss of communication / information of status update and benefits. All this information will be sent on mobile number and/or email ID registered with Rydesoon. Rydesoon will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.
11.7. IN NO EVENT SHALL Rydesoon BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Rydesoon HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
11.8. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Rydesoon’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/-(Rupees One Thousand only).
11.9. If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Rydesoon shall be the minimum permitted under Applicable Law.
12.1. Unless terminated explicitly, the agreement between Rydesoon and You is perpetual in nature upon downloading the Application and for each Service booked through the Site.
12.2. You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Site. You can close Your Account at any time by following the instructions on the Site.
12.3. Rydesoon is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: (a) violate or breach any term of these User Terms, or (b) in the opinion of Rydesoon, misuse the Application or the Service. Rydesoon is not obliged to give notice of the termination of the agreement in advance. After termination Rydesoon will give notice thereof in accordance with these User Terms.12.4. Termination of this agreement will not prejudice accrued rights of either Rydesoon or You.12.5. Clauses 10 (Indemnification), 11 (Liability), , 17 (Term and Termination), and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.
In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and Rydesoon, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
14.1. You agree that Rydesoon is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. Rydesoon does not endorse, advertise, advise or recommend You to avail the Services of any Driver. Rydesoon also does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.
14.2. We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.
14.3. Rydesoon and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from Rydesoon or any other person's negligence or otherwise).
14.4. This Site, Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that Rydesoon shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
14.5. All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
14.6. Rydesoon is not engaged in the insurance business and does not provide any insurance services. Rydesoon has facilitated provision of insurance services for the benefit of Customers, under group travel insurance policies availed from insurance companies, whereby Rydesoon is acting as the group manager of the policy. Rydesoon does not guarantee or make any promise in relation to the insurance policy/ insurance company, including but not limited to any benefits from use of the insurance services provided by the insurance companies, such as coverage, claims and settlements. Any claim or servicing of insurance policies, raised through the Application, remains a matter between the Customer and the insurance company, and Rydesoon shall not be responsible for the actions of the insurance company or the Customer. It is to be noted that the insurance policy number, claim certificate, invoice for the insurance premium/ fee collected from the Customer is not be issued by Rydesoon, but will be issued by the respective insurance company. Any issues in receiving tax invoices or issues faced in claiming the insurance are not the responsibility of Rydesoon. Rydesoon disclaims all and all liability in relation to the services of the insurance company. Please reach out to the insurance company in case of any questions/ issues.
15.1. Rydesoon reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.
15.2. Rydesoon shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when Rydesoon last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes. Rydesoon may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, Your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
16.1. You shall not assign Your rights under these User Terms without prior written approval of Rydesoon. Rydesoon can assign its rights under the User Terms to any affiliate.
These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Rydesoon as Rydesoon may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by Rydesoon and You. The place of the arbitration shall be Bengaluru, Karnataka, unless otherwise mutually agreed by Rydesoon and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Bangalore, India.
