Last Modified: June 12, 2019
These Terms & Conditions constitute a legal agreement (“Agreement”) between _____________ (“Rydz”) and the User in connection with your visit to the Website and/or Mobile Application (“Platform”) and your use of the services (as defined below).
1.1. Individual (“Driver”, “you” or “User”) registered through and having an Account on the Platform to provide the transportation services independently to the Riders and owns the taxi, car, auto rickshaw(“Vehicle”) and has the driving License all the necessary and applicable transport vehicle permits and licenses to provide transportation services; and/or
1.2. Individual (“Passenger”, “Rider”, “Consumer”, “Customer”, “you” or “User”) registered through and having an Account on the Platform to make transportation service request to the Driver; and/or
1.3. Otherwise a user of the Website or Mobile App (“you” or “User”).
2.1. In this Agreement, unless the context is inconsistent therewith, the following terms shall have meanings assigned to them herein:
“Account” refers to the account created by the User at its sole discretion on the Platform.
“Driver” shall mean an individual, registered through and having an Account on the Platform to provide the transportation services independently to the Riders.
“Driving License” means the license issued by the Licensing Authority for authorizing the person specified therein to drive motor vehicle.
“Fare” shall mean the amount displayed on the Meter regulated by the regulating authority payable by the Rider to the Driver as at actuals.
“Meter” shall mean fare calculating device on the Vehicle regulated by the regulating authority.
“Platform” shall mean Rydz Website and/or Mobile Application.
“Rider” shall mean an individual registered through and having an Account on the Platform to make transportation service request to the Driver.
“Rydz” shall mean _______
“Rydz Service” shall mean an 'ai' based API driven technology Platform that enables the Rider to request a transportation service with the Driver and enables the Driver to accept such request and provide its transportation service to the Rider, thereby connecting the Rider and the Driver, morefully detailed in Clause 3 of this Agreement.
“Subscription” shall mean ________
“Transportation Service” shall mean the conveyance requested by the Rider and provided by the Driver.
“User” shall mean user of the Website or Mobile App including Driver and Rider.
2.2. Any term not defined here shall have the meaning assigned to it in this Agreement
3.1. The services provided by Rydz solely constitute an 'ai' based API driven technology Platform that enables the Rider to request a transportation service with the Driver and enables the Driver to accept such request and provide its transportation service to the Rider, thereby connecting the Rider and the Driver.
3.2. Rydz is only an intermediary providing online marketplace in the Platform where the Rider may request a transportation service and the Driver may offer its transportation service to such Rider.
3.3. The Service Provider and Service Recipient relationship for availing the transportation service shall be a contract solely between the Driver and the Rider so connected. At no time shall Rydz have any obligations or liabilities or be construed to be a party in respect of such contract.
3.4. You acknowledge that Rydz does not provide transportation services or function as a transportation carrier and that all such transportation services are provided by independent Driver who are not employed by Rydz.
4.1. Rydz Service to Riders shall be free of charge.
4.2. Rydz Service to the Driver shall be on Subscription based model opted by the Driver.
5.1. By registering, visiting and using the Platform or accepting this Agreement, you represent and warrant to Rydz that you are 18 years of age or older, or the age of legal majority in your jurisdiction (if different than 18), and that you have the right, authority and capacity to use the Platform and the services provided by Rydz and/or services available through the Platform, and to agree and abide by this Agreement.
5.2. The Driver should have and is presumed to have a valid legal driving license and to have ownership of the Vehicle and/or authorization from the owner of such Vehicle to use the Vehicle and should not have restrictions with respect to the use of the Vehicle the Platform. The Vehicle should have and is presumed to have a valid commercial license and all legal and regulatory rules compliant insurances and permits as may be required under Applicable Laws.
5.3. You acknowledge that Rydz does not verify or interfere in the authenticity of driver’s license of the permissions required for driving the vehicle on a public road. The Vehicle, which has entered the Platform, will be presumed to have all the licenses and requirements put forth by the regulatory authority for the Vehicle.
6.1. The Driver will charge Rider such Fare as per the amount displayed on the Meter regulated by the regulating authority. Rydz shall not be responsible for any additional fare charged or wrongly charged by the Driver.
7.1. Rydz reserves the right to collect reviews and feedback from the Riders and at its discretion to display the same on the Platform. Rydz shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all reviews and feedback.
7.2. You understand that by using the services you may be exposed to reviews and feedback or other content that you may find offensive or objectionable. Rydz shall not be liable for any effect on Driver’s business due to reviews and feedback of a negative nature.
8.1. In no event, shall Rydz, be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content and functions related thereto, the Services, User’s provision of information via the Platform, lost business or lost customers.
8.2. In no event shall the Rydz be liable for:
(i) provision of or failure to provide all or any service by Drivers to Riders contacted or managed through the Platform;
(ii) any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Platform; or
(iii) loss of belongings, damage or damages, safety or security in connection with service by Drivers to Riders
8.3. In no event shall the total aggregate liability of the Rydz to a User for all damages, losses, and causes of action (whether in contract or tort) arising from this Agreement or a User’s use of the Platform exceed in the aggregate Rs. 1000/- (Rupees One Thousand Only).
You expressly acknowledge and agree that use of the Platform and the service is entirely at your own risk and that the Platform and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of fitness of the Vehicle, credibility of the Driver are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law Rydz, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Platform and your use thereof. Rydz makes no warranties or representations about the accuracy of the Meter and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the platform and service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, if any (iv) any interruption or cessation of transmission to or from the Platform, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the platform or the service. Rydz does not warrant, endorse, guarantee, or assume responsibility for any service offered by the Driver through the Platform, and Rydz will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users. As with availing service through any medium or in any environment, you should use your best judgment and exercise caution where necessary.
You agree to defend, indemnify and hold harmless Rydz, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Platform and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right; or (iv) any claim that your Service or lack thereof caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Agreement and your use of the service and the Platform.
Nothing contained in this Agreement shall constitute or be deemed to constitute a partnership between Rydz and You. You shall hold yourself out as an agent for Rydz, except with the express prior written consent of Rydz. Your rights, duties, obligations and liabilities shall be individual and not joint or collective.
12.1. Rydz reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
(i) Such User breaches any terms and conditions of the Agreement;
(ii) A third party reports violation of any of its right as a result of your use of the Services;
(iii) Rydz is unable to verify or authenticate any information provide to Rydz by a User;
(iv) Rydz has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
(v) Rydz believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Rydz or are contrary to the interests of the Website.
13.1. Governing Law: This Agreement and all acts and transactions pursuant hereto and the rights and obligations of Parties shall be governed, construed and interpreted in accordance with the laws of India.
13.2. Dispute Resolution: If at any time any issues or uncertainties arise, the Parties shall negotiate in good faith and agree to appropriate solutions so as to preserve the economic value / benefit hereunder of each Party. If the Parties are unable to reach a solution on any dispute or difference arising between the Parties hereto as to the effect, interpretation or application of this Agreement or as to their rights, duties or liabilities thereunder, or as to any act, matter or thing arising out of, or consequent to, or in connection with this Agreement, the dispute or difference as the case maybe shall be referred to and finally resolved by arbitration by a sole arbitrator to be appointed by Rydz. The arbitration proceedings shall be in accordance with the provisions of the Arbitration and Conciliation Act, 2013, or any subsequent enactment or amendment thereof. Such arbitration proceedings shall be held in Mumbai, India, and shall be conducted in the English Language.
13.3. Subject to clause 13.2 (Dispute Resolution), any dispute or controversy arising out of this Agreement shall, be subject to exclusive jurisdiction of the Courts of Mumbai, India.
No Party shall not be liable for failure to perform or delay in performing any obligation under this Agreement if such failure or delay is due to fire, flood, earthquake, strike, labor trouble or other industrial disturbance, war, embargo, blockage, legal prohibition, governmental action, riot, insurrection, or any other cause beyond the control of such defaulting Party preventing or delaying the performance (each a “Force Majeure Event”).
If any provision of this Agreement is invalid, unenforceable or prohibited by law, or become ineffective because of applicable provisions of law or regulations of governmental authorities, this Agreement shall be considered divisible as to such provision and such provision shall be inoperative and the remainder of this Agreement shall be valid, binding and of like effect as though such provision was not included herein.
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 ON THIS ELECTRONIC CONTRACT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.