PART A – GENERAL TERMS
THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH iDisha Info Labs Pvt Ltd., OFFERS YOU ACCESS TO THE QUICK RIDE
Welcome to the user agreement (the "Agreement" or "User Agreement" or "Terms of Service") for Quick Ride (the "Quick Ride Platform"), an application owned and operated by iDisha Info Labs Pvt Ltd., whose office is located at #96, 1st Floor, 3rd Cross, RJ Garden, Ashwath Nagar, Anand Nagar, Marathahalli, Bangalore - 560037. In this Agreement, Quick Ride refers to the Quick Ride Platform and/or iDisha Info Labs Pvt Ltd., as the context so requires. The Agreement, User Agreement or Terms of Service, individually and interchangeably refer to the updated/revised terms of service for Quick Ride Platform, as periodically revised/updated and made available on the Quick Ride Platform.
Quick Ride Platform would mean and refer to the application, that enables carpooling, such as through a Mobile App, Progressive Web App with a customer support base.
This Agreement, entered into between You and Quick Ride is a legally binding agreement made between you ("You," "Your," or "Yourself") and Quick Ride. ("Quick Ride," "We," "Us" or "Our"). The Agreement refers to the collective terms set out in this part, Part A and Part B, herein under.
We reserve the right to amend this Agreement from time to time and we shall post the updated terms on the Quick Ride Platform. When We post amended terms on the Quick Ride Platform, You agree that, You may not use the Services without accepting them. Except as stated below, all amended terms shall automatically be effective after they are posted on the Quick Ride Platform.
Your use and access, to the Quick Ride Platform is licensed by Quick Ride only upon the condition that You accept all the terms contained in this Agreement. By signing up with or by using the Quick Ride Platform, You confirm that You understand this Agreement and accept all of its terms. Any use of the Quick Ride Platform without accepting the terms of the Agreement shall be deemed as illegal and unauthorised use of the Quick Ride Platform. Should You choose not to accept to the terms in this Agreement, You shall not sign up with or use the Quick Ride Platform.
This paragraph applies to any version of the Quick Ride Platform that You acquire from the Google Play Store and/or Apple Inc.'s App Store or through the Web application hosted by the company. Google Play and/or Apple Inc.'s App Store is not a party to this Agreement and shall have no obligations with respect to the Quick Ride Platform. Quick Ride, not Google and/or Apple Inc., is solely responsible for the Quick Ride Platform and the content thereof as set forth hereunder. However, Google and Google's Play Store and/or Apple Inc. and Apple Inc.'s App Store subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Google and/or Apple Inc. shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Google and/or Apple Inc., for purposes of which, You are "the end-user." In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall apply.
The Quick Ride Platform provides a means to discover and connect people traveling in their private vehicle on the same route same time as per the individual preferences. Instead of traveling separately on individual vehicles, users can pool and reduce vehicles from the road. Users can either offer carpool/bikepool (“Carpool Givers”) or find carpool/bikepool (“Carpool Takers”). “Carpool Takers” and “Carpool Givers” are matched based on their route and time. It is clarified that the Quick Ride Platform is intended to be used only on private vehicles by Carpool Givers (irrespective of the Carpool Givers being the owner of such vehicle or otherwise) who are not registered as public service vehicle/taxi operators. The Quick Ride Platform is not meant for and does not in any manner permit the use thereof by Carpool Givers as Taxi service (as defined in Karnataka on-demand Transportation Technology Aggregators Rules, 2016) or use of any vehicle through the Quick Ride Platform as a public service vehicle or contract carriage or a stage carriage vehicle [as defined under the Motor Vehicles Act, 1988 (Act No. 59 of 1988)]. For purposes of this Agreement the services relating to connecting a Carpool Giver with a Carpool Taker for private vehicle rides shall collectively be defined as the "Services". This Agreement describes the terms and conditions that will govern Your use of and participation in the Quick Ride Platform.
Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You use any of the Services. By using any of the Services, You become a Participant in Quick Ride and a User of Services available on the Quick Ride Platform ("Participant" or "User") and You agree to be bound by the terms and conditions of this Agreement with respect to such Services.
- Definitions :
The terms mentioned above are applicable based on role of the users for the ride. Same user can be “Carpool Giver” and “Carpool Taker” as well. The terms applicable as per the role played for the shared ride. Terms that are not defined, shall carry their dictionary meaning.
QUICK RIDE DOES NOT PROVIDE PUBLIC OR PRIVATE TRANSPORTATION SERVICES, AND QUICK RIDE IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE “CARPOOL GIVER” OR RIDE VEHICLE OWNER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A “CARPOOL TAKER” CONTACTED THROUGH THE QUICK RIDE PLATFORM, AND IT IS UP THE “CARPOOL TAKER” TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY “CARPOOL GIVER” CONTACTED THROUGH THE QUICK RIDE PLATFORM. ANY DECISION BY A USER (CARPOOLGIVEROR CARPOOL TAKER) TO OFFER OR TAKE RIDE ONCE SUCH USER IS MATCHED THROUGH THE QUICK RIDE PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. QUICK RIDE OFFERS INFORMATION AND A METHOD TO DISCOVER AND CONNECT “CARPOOL GIVERS” AND “CARPOOL TAKERS” WITH EACH OTHER, BUT DOES NOT INTEND TO AND DOES NOT PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY “CARPOOL TAKER” BY ANY “CARPOOL GIVER” USING THE QUICK RIDE PLATFORM. YOU AGREE THAT QUICK RIDE PLATFORM ONLY PLAYS A TRANSIENT ROLE IN PROVIDING A TECHNOLOGICAL PLATFORM FOR CONNECTING YOU WITH A CARPOOL GIVER/ CARPOOL TAKER, AS THE CASE MAYBE AND AS SUCH, QUICK RIDE PLATFORM IS AND CONTINUES TO BE AN INTERMEDIARY FOR THE PURPOSES OF THE INFORMATION TECHNOLOGY ACT, 2000.
Quick Ride represents the information platform designed and intended only for use as a platform for carpooling and bike-pooling by interested users to find, connect with and join other suitable users interested in sharing rides.
Sharing refers to joining (or allowing to join) another person, with a similar objective of sharing a vehicle for travel on a common route agreed by both parties, with or without using the Quick Ride platform. Ride-sharing may or may not be accompanied with ride cost sharing among the travelling parties details of which will need to be agreed between both parties, before they decide to ride-share3. Ride Vehicle Owner (Carpool Giver) represents the vehicle owner who is the registered and legal owner of the vehicle - car or motorbike (i.e., 2 wheeler) that is intended to be used for the act of sharing (defined above) through the Quick Ride platform
Carpool Takers joining the Ride Vehicle Owner (Carpool Giver) through the Quick Ride platform, for the express intention of ride-sharing only (that may or may not include ride cost-sharing, as mutually agreed)
9.1. “Account” is the user account that needs to be created by each user of Quick Ride for registration and usage.
9.2. “Confidential Information” shall carry the meaning as provided in Clause 38.1.
- 9.3. “Content” shall carry the meaning as ascribed in Clause 36.3.
- 9.4. “Fuel Card” refers to a system of allowing users to store fuel credits earned through sharing rides on the Quick Ride platform. Each card will be assigned to only one unique user with identifiable information to enable redemption of fuel credit points in the users account to buy fuel.
- 9.5. “Member” means any user of the Quick Ride platform, who has downloaded the Quick Ride application, and registered providing requisite data (correctness of which is the responsibility of the user herself/himself) with an express interest of ride-sharing/offering private vehicle for ride becomes a member of the Quick Ride platform. Every Member, by the very act of registering, implicitly agrees to abide by all the Terms & Conditions laid out by Quick Ride.
- 9.6. “Carpool Giver” is an individual (registered on our platform) who is using a Ride Vehicle (Car/Bike) to travel on a particular route and at a particular time for their own purpose, and willing to share the empty seats with other like-minded persons/colleagues/professionals or such other persons, rather driving alone, with the intent to reduce the vehicles on the road and reduce traffic congestion and pollution, and have no intention to earn income for sharing the rides. The Carpool Giver or anyone claiming under or through them, shall not be registered as a driver or a public service vehicle operator /stage carrier or contract carrier or taxi operator. The Carpool Giver shall be legally eligible to drive the Ride Vehicle in India.
- 9.7. “Ride Vehicle” shall mean the vehicle intended to be used by a Carpool Giver to provide a ride to a Carpool Taker (as defined below), which is vehicle is owned by the Carpool Giver and listed on the Quick Ride Platform by such Carpool Giver and is not registered as a taxi, stage carrier, contract carrier or public service vehicle.
- 9.8. “Carpool Taker” is the Individual who is looking to travel to a place at a particular time, and who is willing to join others rather taking own/adding more vehicles to congested roads. They are socially conscious and would like to prefer Carpool/Bikepool options than adding vehicle to road. They prefer to participate in carpooling in rotation or share ride costs (Such as fuel) with Carpool Givers.
- 9.9. “SNS Content” shall mean such content as defined in Clause 26.5.1.
- 9.10. "Submissions" shall carry the meaning as provided in Clause 33.4.
- 9.11. “Third Party Account” shall mean such account(s) as defined under Clause 26.1.
- 9.12. “Third Party Sites”, “Third Party Applications, Software or Content” shall carry the meaning as ascribed in Clause 36.4.
- 9.13. “Your Information” shall carry the meaning as ascribed in Clause 28.1.
Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants, both directly or otherwise. By becoming a Participant, You represent and warrant that You are at least 18 years old. By using the Quick Ride Platform and/or the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
You represent that You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password provided by You or Quick Ride for accessing the Services. You are solely and fully responsible for all activities that occur under account. Quick Ride has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your account or You suspect any other breach of security, You will contact Us immediately.
CARPOOL GIVER AND CARPOOL TAKER REPRESENTATIONS, WARRANTIES AND OBLIGATIONS.
By using the Services, the Carpool Giver represents, warrants the following to both Quick Ride and any Carpool Taker and agrees that :
With respect to Your participation on the Quick Ride Platform or through the Services, You agree that You will not:
- 17.1. Such Carpool Giver is at least 18 years of age.
- 17.1.2. Such Carpool Giver possesses a valid Driving license issued by the relevant govt. authority and is authorized to operate a motor vehicle and has all appropriate licenses, approvals and authority to drive/ride the Ride Vehicles in all jurisdictions in which such Carpool Giver uses the Services.
- 17.1.3. Such Carpool Giver owns, or has the legal right to operate, the Ride Vehicle such Carpool Giver uses when accepting Carpool Takers , and such Ride Vehicle is in good operating condition and meets all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
- 17.1.4. Such Carpool Giver is not registered or enrolled or in any manner recorded in any private enterprise record or public record as a taxi or a public/stage or contract carrier driver or operator and that the Ride Vehicle is not registered with any appropriate authority as a public service transportation vehicle, stage carrier/ contract carrier or tourist vehicle.
- 17.1.5. Such Carpool Giver is named or scheduled on the insurance policy covering the Ride Vehicle such Carpool Giver uses when accepting Carpool Takers.
- 17.1.6. Such Carpool Giver has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such Ride Vehicle to cover any anticipated losses related to such Carpool Giver’s provision of rides to Carpool Takers.
- 17.1.7. Such Carpool Giver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the Ride Vehicle such Carpool Giver uses to transport Carpool Takers, including, but not limited to personal injuries, death and property damages.
- 17.1.8. In the event of a motor vehicle accident such Carpool Giver will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with such Carpool Giver’s insurance carrier
- 17.1.9. Such Carpool Giver will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
- 17.1.10. Such Carpool Giver will not make any misrepresentation regarding Quick Ride, the Quick Ride Platform, the Services or such Carpool Giver’s status as a Driver, offer or provide transportation service for profit, as a public carrier or taxi service, charge for rides or otherwise seek non-voluntary compensation from Carpool Takers, or engage in any other activity in a manner that is inconsistent with such Carpool Giver’s obligations under this Agreement.
- 17.1.11. Such Carpool Giver will only accept Carpool Takers using the Ride Vehicle that has been reported to and added on Quick Ride platform.
- 17.1.12. Such Carpool Giver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
- 17.1.13. Such Carpool Giver is medically fit to drive in accordance with applicable law.
- 17.2 The Carpool Giver further agrees, represents and undertakes to both Quick Ride and a Carpool Taker:
- 17.2.1. That the Trip shall not be for any fraudulent, unlawful or criminal activity.
- 17.2.2. That they will procure for the Ride Vehicle, a insurance policy, which provides insurance cover to the occupants (including, but not limited to, Carpool Takers / Co-Travellers) in the Ride Vehicle and covers third party liability.
- 17.2.3. That they will present themselves on time and at the place agreed with the specified Ride Vehicle;
- 17.2.4. That they will immediately inform all Carpool Takers of any change whatsoever to the Trip.
- 17.2.5. If one or more Carpool Takers have made a booking and the Carpool Giver decides to change any aspect of the Trip, the Carpool Giver undertakes to contact all Carpool Takers who have made a booking in relation to that Trip and to obtain the agreement of all Carpool Takers to the change.
- 17.2.6. If a Carpool Taker refuses the change, they are entitled to a full refund and without any compensation being given to the Carpool Giver.
- 17.2.7. The Carpool Giver self-declares that he/she complies fully with all legal requirements of owning and driving the Ride Vehicle in use with fully compliant legal documents that include, but are not limited to, a valid driving license, appropriate and valid insurance policy, appropriate registration and tax paid certificates for the vehicle, and a valid pollution-under-control (PUC) certificate.
- 17.2.8. The Carpool Giver must comply with agreed timings and reach the pickup point on time or keep the Carpool Takers informed in case of any unforeseen delay. The Carpool Giver shall not deviate from the agreed route, unless under exceptional circumstances when the agreed route becomes untenable. In case of any deviation due to exceptional circumstances the Carpool Giver must keep the Carpool Takers informed of any such change before the deviation, and at the earliest possible time.
- 17.3. The Carpool Taker agrees, represents and undertakes to both Quick Ride and a Carpool Giver:
- 17.3.1. That the Trip shall not be for any fraudulent, unlawful or criminal activity.
- 17.3.2. That they will present themselves on time and at the place agreed with the Carpool Giver;
- 17.3.3. That they will immediately inform the Carpool Giver or Quick Ride if they are required to cancel a Carpool.
- 17.3.4. That they will comply with the Good Conduct Charter at all times.
- 17.3.5. The Carpool Taker agrees to wait at the pickup point at the agreed time for the Carpool Giver to arrive.
- 17.3.6. That they will share the ride cost with the Carpool Giver by using the Carpool point system provided on the Quick Ride platform.
- 17.3.7. The Carpool Giver agrees and undertakes to take out and maintain a insurance policy to cover third party liability, the occupants of the Ride Vehicle and the Trip offered or booked through the Site/Quick Ride Platform.
- 17.3.8. The Carpool Giver agrees that they will, on request, provide the Carpool Taker with evidence, in advance of the Trip, of the complete validity of its insurance policy.
- 17.3.9. The Carpool Giver also undertakes to hold a valid driving license and that the Carpool Giver will own or will be entitled to use the Ride Vehicle and that the Ride Vehicle will have a valid PUC (Pollution Under Control) certificate and the Carpool Taker is entitled to request evidence of the Carpool Givers insurance, registration certificate (log book), driving licence and PUC certificate at any time up to completion of the Trip.
- 17.3.10. It is the Carpool Givers responsibility to ensure that their insurance provides adequate cover to Ride for the trip. It is up to each Carpool Giver and Carpool Taker to confirm with each other that the Carpool Giver & Carpool Takers are covered by valid insurance. The Carpool Giver must confirm that their insurance policy allows them to carry Carpool Takers and that their insurance policy covers all Carpool Takers in case of any accident or incident, which may occur during a Trip.
Notwithstanding anything in the foregoing, Members agree and accept that all of the information they provide to Quick Ride when setting up their user Account and at any other time later, shall be true, correct, complete and accurate in all respects. Members also agree that any information supplied to Quick Ride or posted on the Site in connection with any Trip, Vehicle or Car Sharing will be true, accurate and complete. Unless expressly agreed by Quick Ride, Members are limited to one User Account per person/Member. No User Account may be created on behalf of, or in order to impersonate, another person. Quick Ride reserves the right to suspend the account or apply penalty for the users who violate the intended use and terms and conditions.
Without prejudice to anything stated herein, the Site and the Services are strictly limited to providing a Platform Service for Carpool givers and Carpool Takers to connect them and help them share a car or bike in a private capacity. The Services shall not be used to offer or accept car sharing for hire or reward or for profit or in any commercial or professional context. The Services shall be used only to offer or accept car sharing in exchange for carpool points to rotate carpooling or to share the cost of the ride between the Carpool Giver and the Carpool Takers. Members are reminded that using the Services and offering Trips for hire or reward or in a commercial or professional capacity may invalidate a Car Owners insurance and invite adverse legal actions by the road transport authorities. Quick Ride shall not be in for any loss or damage incurred by a Member as a result of any or breach by a Member of these Conditions including where any Car Owner (in breach of these terms) offers Services through the Site in a professional or commercial capacity (thereby potentially invalidating their insurance) and breach of any agreement between the Carpool Giver and the Carpool Taker. Any offering of Trips in violation of the Conditions shall be at the sole risk such Member and Quick Ride shall have no liability towards Members for such violations.
If the Carpool Taker or Carpool Giver fail to comply with any of these terms or any other Conditions Quick Ride reserves the right to keep information relating to the breach, to publish or disclose this information on the Members online profile and to suspend or withdraw the Members access to the Site, in addition to enforcing such other rights and remedies available under law, that it may explore. That they shall ensure that all other persons who accompany the Carpool Taker in the Trip comply with these Conditions as applicable to a Carpool Taker.
VERIFICATION OF IDS AND PHONE NUMBER:
- 18.1. Impersonate any person or entity;
- 18.2. "Stalk" or otherwise harass any person;
- 18.3. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents of Quick Ride platform;
- 18.4. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
- 18.5. remove any copyright, trademark or other proprietary rights notices contained in the Service;
- 18.6. interfere with or disrupt the Services or the Quick Ride Platform or the servers or networks connected to the Services or the Quick Ride Platform;
- 18.7. post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- 18.8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
- 18.9. "frame" or "mirror" any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Services or the Quick Ride Platform in order to direct any person to any other web site for any purpose; or
- 18.10. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services or cause others to do so.
- 18.11. You further agree that Your Information and Your interactions on the Quick Ride Platform shall not:
- 18.12. be false, inaccurate or misleading (directly or by omission or failure to update information);
- 18.13. infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- 18.14. violate any law, statute, ordinance or regulation;
- 18.15. be defamatory, trade, abusive, obscene, profane, offensive, sexually offensive, threatening, harassing, racially offensive or illegal material;
- 18.16. contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;
- 18.17. include in Your Information any telephone numbers, street addresses, last names, URL’s or E-mail addresses other than where explicitly asked for it in the Your registration and profile section;
- 18.18. contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- 18.19. create liability for Us or cause Us to become subject to regulation as a transportation carrier or provider of taxi service; or
- 18.20. link directly or indirectly to any other web sites. You further agree that You will not transfer, use, or sell Your Quick Ride account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions.
PAYMENT SYSTEM: To support carpooling system among vehicle owners, Quick Ride sharing system implemented following payment system, detailed explanation whereof is provided as Part B to this Agreement.
- 22.1. By accepting the terms and conditions contained herein, every Member or any person who wishes to register as a Member hereby agrees and consents to the fact that Quick Ride may collect IDs / documents belonging to them including but not limited to Driving License, Passport, PAN Card and AADHAR card, or other relevant proof-of-identity documents - for the purpose of verification of the information contained in such IDs / documents by third party service providers.
SAFETY: You are responsible for your safety with regard to the carpooling and/or Bikepooling undertaken using Quick Ride Platfrom. Quick Ride Platform is only a technology enabled social platform that helps you to initiate, accept and undertake carpooling and/or Bikepooling in order to use sustainable means of commuting, reduce fuel cost, reduce stress associated with driving and reduce overall traffic on the roads. You are encouraged to use Quick Ride responsibly and safely, Quick Ride provides you with multiple matches based on your routes and it is upto the Carpool Giver and Carpool Taker to choose their carpool partners .
- 23.1. The Carpool Takers shall link designated e-wallets at the time of creation of an Account and shall not be able to initiate/participate in a Trip/Ride without linking their respective e-wallets since the payment system as regards the sharing of costs between the Carpool Giver and the Carpool Taker cannot be done as cash transactions and shall only be recorded transfers via e-wallets, UPI, Debit Cards, Credit Cards and Net Banking instruments.
- 23.2. Upon completion of the ride, the points shall be transferred from one person to another, as agreed between them or in the manner as indicated on the Quick Ride Platform, as the case maybe.
- 23.3. However, the Carpool Giver expressly undertakes that all Carpool points received shall be used either to take Carpools or used only for fuel.
- 23.4. If any violation observed such as failure/refusal to pay for a Ride etc, then the company reserves the rights to either suspend the account(s) of the user(s) or penalized up to Rs. 3000/-, to be appropriately remitted into the Carpool Giver’s account.
SOCIAL MEDIA AND NETWORKING SITES
- 25.1. You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate
- 25.2. Your participation in the Quick Ride Platform if You have misused the Quick Ride Platform or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
- 25.3. Carpooling or Bikepooling with family members with the intention of exploiting the platform and its offers is prohibited.
- 25.4. Quick Ride Platform is developed to permit; and can only be used to take two (2) trips by a Carpool Giver and/or Carpool Taker in 24 hours of a calendar day. Any attempt to increase the number of trips by an individual either directly or indirectly (by creating alias profiles) would be deemed as breach of these terms warranting immediate suspension/termination of the account without any further notice.
QUICK RIDE E-MAIL, TEXT, IN-APP Notification AND WHATSAPP COMMUNICATIONS
- 26.1. As part of the functionality of the Quick Ride Platform, You may be able to login through online accounts You may have with third party service providers (each such account, a "Third Party Account") by either:
- 26.2. Providing Your Third Party Account login information through the Quick Ride Platform; or
- 26.3. Allowing Quick Ride to access Your Third Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third Party Account.
- 26.4. You represent that You are entitled to disclose Your Third Party Account login information to Quick Ride and/or grant Quick Ride access to Your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by You of any of the terms and conditions that govern Your use of the applicable Third Party Account and without obligating Quick Ride to pay any fees or making Quick Ride subject to any usage limitations imposed by such third party service providers.
- 26.5. By granting Quick Ride access to any Third Party Accounts, You understand that
- 26.5.1. Quick Ride may access, make available and store (if applicable) any content that You have provided to and stored in Your Third Party Account (the "SNS Content") so that it is available on and through the Quick Ride Platform via Your account, including without limitation any demographic, image, friend, contacts or following/followed lists, and
- 26.5.2. Quick Ride may submit and receive additional information to Your Third Party Account as indicated herein.
- 26.5.3. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be Your Information (as defined below) and Your Content for purposes of this Agreement.
- 26.5.4. Depending on the Third Party Accounts You choose and subject to the privacy settings that You have set in such Third Party Accounts, personally identifiable information that You post to Your Third Party Accounts may be available on and through the Quick Ride Platform.
- 26.6. Please note that if a Third Party Account or associated service becomes unavailable or the Quick Ride Platform’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Quick Ride Platform.
- 26.7. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Quick Ride makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Quick Ride is not responsible for any SNS Content
- 27.1. E-mail communications, Whatsapp, In-App Notifications, In-App Chat, and text messages sent from Us or through Us are designed to make Your Quick Ride experience more efficient.
- 27.2. By becoming a Participant, You specifically agree to accept and consent to receiving e-mail communications, Whatsapp, In-App Notification and text messages initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails or text messages informing You about potential available Carpool Givers or Carpool Takers and e-mails informing You of promotions We run and emails informing You of new and existing features We provide.
- 27.3. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. If You change Your mobile phone service provider, the notification service may be deactivated for Your phone number and You may need to re-enroll in the notification service. Quick Ride reserves the right to cancel the notification service at any time. If You do not wish to receive any of our e-mail communications, Whatsapp, In-App Notifications or text messages, you may not use the Services.
By accepting this Agreement, a Carpool Giver agrees that:
- 28.1. Your Information is any information You provide, configure, publish or display ("post") to the Quick Ride Platform or send to other Users in the registration, or through ride creation, or in any public message area (including, but not limited to the feedback section) or through any email feature ("Your Information").
- 28.2. Your Information will be stored on computers controlled by Quick Ride and for the purposes of effective use of the Quick Ride Platform.
- 28.3. You consent to Us using Your Information to create a User account that will allow You to participate in the Services.
- 28.4. You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your online posting of Your Information.
- 28.5. When You use the Quick Ride Platform, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement.
- 28.6. You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services.
- 28.7 You agree that Quickride can use your information from time to time to recognise top Carpool Givers and Carpool Takers and their contribution to raise awareness about the benefits of Carpooling.
- 29.1. We may obtain information about the CarpoolGiver, including without limitation the Carpool Giver’s driving record, references and credit information.
- 29.2. A Carpool Giver hereby, expressly, and this shall be deemed to be a written consent as per the relevant laws, authorizing Us to perform a background check on Carpool Giver, and further agrees to provide any necessary authorization through mail, letter or fax to facilitate Our access to the Carpool Giver’s official driving record, references and credit information during the term of the Agreement.
- 30.1. Location data collected and provided by the Quick Ride Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Quick Ride, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services.
- 30.2. Any of Your Information, including geolocational data, You upload, provide, or post on the Quick Ride Platform may be accessible to certain Users of the Quick Ride Platform.
- 30.3. We cannot verify or guarantee the accuracy of the information Users provide Us on the Quick Ride Platform, and We do not control the information provided by other Users that is made available through Our system. Therefore, Quick Ride cannot and does not confirm each User’s purported identity.
- 30.4. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Quick Ride Platform. Please note that there are also risks of dealing with underage persons or people acting under false pretence. By using the Quick Ride Platform, You agree to accept such risks and Quick Ride is not responsible for the acts or omissions of users on the Quick Ride Platform.
Quick Ride owns and retains ownership in the Quick Ride Platform, viz., the interface of the Quick Ride Platform and the Site including the source codes thereof, and all intellectual property in respect thereof therein. Contingent upon Your compliance with the terms and conditions of this Agreement, Quick Ride hereby grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Quick Ride Platform on
- 32.1. Any device that You own or control and as permitted by the rules prescribed by platforms such as Google’s Play Store and Apple’s App Store the Usage Rules set forth in Section 9.b. of the App Store, Play Store, Terms and Conditions (the "Usage Rules").
- 32.2. This license does not allow You to use the Quick Ride Platform on any device, You do not own or control, and You may not distribute or make the Quick Ride Platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Quick Ride Platform. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Quick Ride Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Quick Ride and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Quick Ride that replace and/or supplement the Quick Ride Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
- 33.1. All intellectual property rights on the Quick Ride Platform and in the Services – except those posted by a user of the Quick Ride Platform, shall be owned by Us absolutely and in their entirety.
- 33.2. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same.
- 33.3. All other trademarks, logos, service marks, company or product names set forth in the Quick Ride Platform are the property of their respective owners.
33.4. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or such other information about the Quick Ride Platform or the Services ("Submissions"), provided by You to Us are non-confidential and shall become the sole property of Quick Ride.
33.5. Quick Ride shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
- 34.1. Quick Ride respects the intellectual property of others, and expects Users to do the same. If You believe, in good faith, that any materials on the Services infringe upon Your copyrights, please send the following information to Quick Ride’s Copyright Agent at iDisha Info Labs Pvt Ltd., #96, 1st Floor, 3rd Cross, RJ Garden, Ashwath Nagar, Anand Nagar, Marathahalli, Bangalore - 560037.
- 34.2. A description of the copyrighted work that You claim has been infringed, including specific location on the Services where the material You claim is infringed is located. Include enough information to allow Quick Ride to locate the material, and explain why You think an infringement has taken place;
- 34.3. A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
34.4. Your address, telephone number, and e-mail address;
- 34.5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- 34.6. A statement by You, made under penalty of perjury, that the information in Your notice is accurate, and that You are the copyright owner or authorized to act on the copyright owner’s behalf; and
- 34.7. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
ONLINE CONTENT DISCLAIMER
- 35.1. You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including:
- 35.1.1. Your breach of this Agreement or the documents it incorporates by reference; or
- 35.1.2. Your violation of any law or the rights of a third party, including, without limitation, Carpool Givers, Carpool Takers, other motorists, and pedestrians, as a result of Your own interaction with such third party,
- 35.1.3. any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
- 35.1.4. Your ownership, use or operation of a motor vehicle or passenger vehicle, including Your provision of rides to Carpool Takers; and/or
- 35.1.5. any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
- 36.1. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us.
- 36.2. Under no circumstances will We be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, or transmitted to participants.
- 36.3. We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Services. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the "Content") that You post in the public areas of the Services and in Your private e-mail messages. We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails sent between You and other participants that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.
- 36.4. The Quick Ride Platform contains (or You may be sent through the Quick Ride Platform or the Services) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Sites accessed through the Quick Ride Platform or any Third Party Applications, Software or Content posted on, available through or installed from the Quick Ride Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Us. If You decide to leave the Quick Ride Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which You navigate from the Quick Ride Platform or relating to any applications You use or install from the Quick Ride Platform.
- 37.1. We, Our subsidiaries, officers, directors, employees and our suppliers provide the Quick Ride Platform and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Quick Ride Platform and/or the Services. We, Our subsidiaries, officers, directors, employees and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components.
- 37.2. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the Quick Ride Platform or the Services by persons under the age of 18yrs in violation of this Agreement. We are not responsible or liable in any manner for any Content posted on the Quick Ride Platform or in connection with the Service, whether posted or caused by Users of the Quick Ride Platform, by Quick Ride, by third parties or by any of the equipment or programming associated with or utilized in the Quick Ride Platform or the Services. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the Quick Ride Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Quick Ride Platform or in connection with any Content. Quick Ride is not responsible for the conduct, whether online or offline, of any user of the Quick Ride Platform or Services. It also is possible for others to obtain personal information about You due to Your use of the Quick Ride Platform or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Quick Ride Platform or through the Services.
- 37.3. You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the Quick Ride Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users. Quick Ride only offers a venue that enables Carpool Givers and Carpool Takers to match with each other. Quick Ride does not offer transportation services and Quick Ride is not a transportation company. We are not involved in the actual transportation provided by Carpool Givers to Carpool Takers. As a result, We have no control over the quality or safety of the transportation that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the of Participants’ information listed on the Quick Ride Platform. We cannot ensure that a Carpool Giver or Carpool Taker is who he or she claims to be or that a Carpool Giver or Carpool Taker will actually complete an arranged service. We reserve the right to change any and all Content, software and other items used or contained in the Quick Ride Platform and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Quick Ride or the Quick Ride Platform.
- 37.4. The Quick Ride Platform and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Quick Ride assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Quick Ride is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the Quick Ride Platform, on any web site or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.
- 38.1. You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Quick Ride’s business, operations and properties ("Confidential Information") disclosed to You by Quick Ride for Your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Quick Ride in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to Quick Ride with regard to any Confidential Information which You can prove:
- 38.1.1. was in the public domain at the time it was disclosed by Quick Ride or has entered the public domain through no fault of Yours;was known to You, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Quick Ride;
- 38.1.2. becomes known to You, without restriction, from a source other than Quick Ride without breach of this Agreement by You and otherwise not in violation of Quick Ride’s rights; or
- 38.1.3. is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Quick Ride to enable Quick Ride to seek a protective order or otherwise prevent or restrict such disclosure.
LIMITATION OF LIABILITY
39.1. You and Quick Ride are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
RELEASE: In the event that You have a dispute with one or more Users, You agree to release Quick Ride (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the Quick Ride Platform or the Services.
- 40.1. IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH QUICK RIDE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF QUICK RIDE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF QUICK RIDE OR THE SERVICES, OR INTRODUCED TO YOU VIA QUICK RIDE OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
40.2. Quick Ride has no responsibility whatsoever for the actions or conduct of “Carpool Givers” or “Carpool Takers”. Quick Ride has no obligation to intervene in or be involved in any way in disputes that may arise between “Carpool Givers”, “Carpool Takers”, or Third Parties. Responsibility for the decisions you make regarding providing or accepting transportation rest solely with You. It is each user’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the services. Quick Ride may but has no responsibility to screen or otherwise evaluate potential users. Users understand and accept that Quick Ride has no control over the identity or actions of the Carpool Givers and Carpool Takers , and Quick Ride requests that users exercise caution and good judgment when using the services Carpool Givers and Carpool Takers use the services at their own risk and evaluation.
40.3. Notwithstanding anything in the foregoing and without prejudice thereto, Quick Ride shall not be liable for any loss or damage arising as a result of:
- 40.3.1. False, misleading, inaccurate or incomplete information being provided by a Member;
- 40.3.2. The cancellation of a Trip by a Carpool Giver or Carpool Taker;
- 40.3.3. Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Carpool Giver or Carpool Takers before, during or after a Trip.
- 40.3.4. Quick Ride will not be liable to any Member for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of the services provided by, or enabled through, the Quick Ride platform (whether suffered or incurred as a result of the Quick Rides negligence or otherwise).
- 40.4. Quick Ride will not be liable to any Member in relation to any Trip. Given that Carpool Givers are required to hold valid insurance to cover a Trip and given that Quick Rides service is limited to putting Carpool Givers and Carpool Takers in touch with each other and cannot oversee any Trip, Members accept that the limitations on the Quick Rides liability set out above are reasonable.
AGREEMENT TO ARBITRATE ALL DISPUTES AND LEGAL CLAIMS
- 42.1. Without limiting other remedies, We may terminate Your Participation, remove Your Information, warn Our community of Your actions, issue a warning, and refuse to provide Our services to You if:
42.1.1. You breach this Agreement or the documents it incorporates by reference;
- 42.1.2. We are unable to verify or authenticate any information You provide to Us;
- 42.1.3. We believe that Your actions may cause financial loss or legal liability for You, Our users or Us, or subject Quick Ride or You or any other User to regulation by any state or local government or regulatory agency; or
- 42.1.4. if We suspect that You have engaged in fraudulent activity in connection with the Quick Ride Platform or the Services.
- 42.1.5. The feedback from other users is low.
43.1. This Agreement shall be governed in accordance with laws of India. You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Quick Ride Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved amicably by mutual discussions, shall be submitted to binding arbitration. Disputes will be resolved by arbitration, by a single arbitrator appointed upon mutual consent by the disputing Parties, in Bengaluru, India. If the Parties fail to appoint a sole arbitrator by mutual consent then arbitrators shall be appointed in accordance with the Indian Arbitration and Conciliation Act, 1996. The Courts at Bengaluru shall have exclusive jurisdiction to settle any disputes arising out of this Agreement.
TERM AND TERMINATION
44.1. Except as explicitly stated otherwise, any notices to Quick Ride shall be given by certified mail, postage prepaid and return receipt requested to iDisha Info Labs Pvt Ltd., #96, 1st Floor, 3rd Cross, RJ Garden, Ashwath Nagar, Anand Nagar, Marathahalli, Bangalore - 560037., and any notices to You shall be provided to You through the Quick Ride Platform or given to You via the email address You provide to Quick Ride during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Quick Ride during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
44.2. To resolve a complaint regarding the Service, You should first contact Our Customer Service Department by email at email@example.com.
DISPUTE BETWEEN/WITH MEMBERS:
- 45.1. This Agreement is effective upon use of the Quick Ride Platform or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users.
45.2. You may terminate Your participation in the Services at any time, for any reason upon receipt by Us of Your written or email notice of termination.
45.3. Either You or We may terminate Your participation in the Quick Ride Platform, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, We may retain an archived copy of records We have about You as may be required by law. We maintain sole discretion to bar Your use of the Services in the future, for any or no reason. Even after Your participation in the Quick Ride Platform is terminated, this Agreement will remain in effect.
- 46.1. Notwithstanding anything contained in Clause 42, Quick Ride may at its sole discretion provide its Members with an online service for resolving inter se disputes. This service is non-binding. Quick Ride is under no obligation to seek to resolve disputes and this Service is offered at Quick Rides sole discretion and may be withdrawn at any time. Without prejudice, disputes arising out the Trip/ride between Carpool Giver(s) and Carpool Taker(s) or any other matter in relation to the use of the Quick Ride Platform between the Members shall be dealt with independently between such parties as deemed necessary.
- 46.2. Notwithstanding anything contained in Clause 42, Quick Ride reserves its right to suspend or terminate the account of any Member, who is found to be in breach of any of the terms of this Agreement, and render the Quick Ride Platform inaccessible (temporarily or permanently, as the case maybe) with or without notice to such Member and without prejudice to such other legal claims that Quick Ride may choose to agitate against such Member in breach, before an appropriate forum, at its discretion.
- 47.1. This Agreement shall be governed by the laws in India without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed severed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Quick Ride, in Our sole discretion in accordance with the "Notices" section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and Quick Ride with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.
PART B – PAYMENT TERMS
- Quick Ride platform provides the option to measure the carpooling contribution by each user through Point system. The “Carpool Giver” when he offer the ride to “Carpool Taker”, he gets points as per the distance shared. The points can be used to take carpool or to redeem for fuel. The algorithm for the platform will drive the rotational carpooling among large group of users or splitting and sharing of ride costs.
- Quick Ride works on a prepaid points system where points are transferred from Carpool Taker to Carpool Giver through the Quick Ride application. Cash cannot be used as a mode of payment for successful rides and hence, Quick Ride has enabled following three modes of payment for Carpool Takers:
- Linked existing prepaid wallets (Paytm, etc.) to the Quick Ride registered account of the Carpool Taker - Upon completion of ride, points will be debited from linked wallet of the Carpool Taker
- Pay later with Simpl - Carpool Taker can avail of 'pay later' service offered by Simpl, on the Quick Ride platform - Carpool Taker can link their Simpl account with the Quick Ride account and choose to make payment for their rides within the due date set forth by Simpl.
- Redemption of points earned by the Carpool Giver is either through semi-closed PPI issued by Paytm, etc. (either instant or periodic) or closed-loop petro cards by Shell / HP that can only be utilised for purchase of fuel.
- In the event that the redemption of points is through semi-closed PPI, the Carpool Giver has to undertake (by way of affidavit or self-declaration) that the amounts credited in the wallet will be used only for the purposes of fuel, service/ vehicle maintenance and insurance costs. Once the amount is credited to the opted wallet, it will be governed by the terms and conditions of that wallet company. Quick Ride at its discretion may monitor the usage of the amounts so credited for the purposes of fuel (.) declared by the Carpool Giver but is under no obligation to do so.
Quick Ride reserves the right to decide the fees such as Platform Service Fees, Subscription Fees, and Inactive User Account Maintenance Fees etc. as applicable to run the Quick Ride Application. The user agrees to pay these fees by agreeing to the terms and conditions.
- Other Payment Terms:
- Ride Charges. Ride charges are displayed to Carpool Taker before joining ride. Carpool Taker agrees to pay to Carpool Giver. Quick Ride reserves the right to determines pricing.
- Cash prohibited. All Donations and Payments made by “Carpool Taker” to “Carpool Giver” shall only be made through the Quick Ride Platform. Cash Payments are strictly prohibited.
- Carpool Giver agrees to redeem the points earned by offering ride is only for the purposes of vehicle maintenance like fuel, service and insurance costs. User agree not to redeem any points that shall exceed the vehicle maintenance costs
- Administrative Fee. Quick Ride receives an administrative fee of 10% or a minimum of 2 rupees (the "Administrative Fee" or “Platform Fees” or “Service Fees”) for each ride shared towards the cost of technology, services, infrastructure and support.
- All payments made are non-refundable. This no-refund policy shall apply at all times regardless of a Carpool Taker’s decision to terminate usage of Quick Ride, our decision to terminate a Carpool Taker’s usage, disruption caused to our Services either planned, accidental or intentional, or any other reason whatsoever
- Promotional Offers. Quick Ride, at its sole discretion, may make available promotional offers with different features to any of our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract. Quick Ride may change its Administrative Fee as we deem necessary for our business.
- Facilitation of Payments. All Charges, as applicable, shall be facilitated through standard payment gateway., Quick Ride’s third-party payment processing services.
- Quick Ride platform should not be used for moving money between wallets and for any financial transfers.
- Quick Ride as a platform shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, by payment gateway services.
TERMS APPLICABLE FOR ALL COGNIZANT EMPLOYEES ARE BELOW:
Terms and Conditions to be signed by the employees prior to using the non-carrier carpooling platform/ travel application.
COGNIZANT DISCLAIMER: COGNIZANT DOES NOT MAKE ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ABOUT QUICK RIDE OR THE TRAVEL APPLICATION/PORTAL.
Employees herewith acknowledges that Quick ride portal is a third party portal and any use of the same is at the sole risk of such user without any warranties or legal liability of any kind on/from Cognizant. Cognizant is not liable for any theft, assault, loss, claims, refunds, damages or liability of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages suffered by the employee or any other person due to the use of Quick Ride application services. Any portrayal of Quick Ride services should not be construed as an endorsement or a recommendation by Cognizant for the use of Quick Ride’s products and services. Cognizant assumes no responsibility for those services.
Employees further herewith acknowledges that this is not Cognizant provided official transportation facility nor is this any recommended mode of commutation by Cognizant. This facility is only for your personal use and shall not be considered as Cognizant transport. Cognizant will bring the awareness of this travel application only as a part of its Go Green initiatives and this travel is not part of the transportation provided by Cognizant as per statutory/policy requirements.
Cognizant is not recommending this commutation as an official mode of transport and it is in employees free will/voluntary that they select to travel using the application under their own risk and liability. Cognizant employees are always recommended and advised/encouraged to use Cognizant provided transport for official travel including travel from and to office location. Cognizant does not take any liability for personal damages suffered by the employees due to travel using the travel application since the same is availed out of the free will of the employee. Female employees are discouraged from travelling using this application between 08.00 PM to 06.00 AM and if used it is at their own personal risk and safety.
Cognizant employees are encouraged to use Cognizant emergency number 1800 200 2345 in case of any emergency circumstances faced during the travel. Employees shall not make any claims against Cognizant for any loss, damage to personal property, injury suffered due to use of the application.
Cognizant employees shall download, install and use the travel application only after reading all the terms and conditions provided within the application and also after understanding the risk and avail it at their own free will and safety.
TERMS APPLICABLE FOR ALL CUMMINS EMPLOYEES ARE BELOW:
“Quick Ride” is a ride-sharing application that helps in reducing the number of vehicles on the road, thereby reducing carbon emissions. This initiative aids in reducing individual carbon footprint through pool travel, this aligns with Cummins corporate responsibility philosophy to ensure that everything we do leads to a cleaner, healthier and safer environment.
The download and use of this ride-sharing application is entirely upto the discretion of the user.
User needs to understand the terms of usage/terms and conditions of Quick Ride app before proceeding with functioning/usage of the application/platform of Quick Ride.
Users are responsible for their own safety and conduct during car or bike pooling.
Cummins bears neither liability nor responsibility in case of any dispute or accident that occurs during the usage of application and/or pool rides. Cummins doesn’t endorse or promote Quick Ride, users can avail car or bike pooling basis their discretion and choice.