This Site / Application / Services is / are operated / provided by Ryde.
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, the Service 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, You are consenting to be bound by these User Terms.
YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND RYDE IN RESPECT OF THE USE AND SERVICES OF THE SITE. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE.
If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein.
By accepting these User Terms, you also allow Ryde to send you promotional emails and SMS alerts from time to time.
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
You will be “Eligible” to use the Services only when You fulfill all of the following conditions:
- You have attained at least 18 (eighteen) years of age
- 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. REGISTRATION AND ACCOUNT
- 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.
- You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
- 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.
- 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.
- Except for the Registration Data or any other data submitted by You during the us of any other service offered through Site (“Permitted Information”), Ryde does not want You to, and You should not, send any confidential or proprietary information to Ryde 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 Ryde other than the Permitted Information will not be considered confidential or proprietary.
- 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.
- 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@example.com
- In case, You are unable to access Your Account, please inform Us at firstname.lastname@example.org and make a written request for blocking Your Account. We will not be liable for any unauthorized 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 Site permits you to avail the transportation services offered by TPSPs. The Service allows You to send a request through Ryde to a Driver on the Ryde network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, Ryde 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 Ryde may determine.
- Ryde 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.
By using the Application or the Service, You further agree that:
- 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;
- You will not use an account that is subject to any rights of a person other than You without appropriate authorization;
- You will not use the Service or Site for unlawful purposes;
- You will not try to harm the Service, Site or our network in any way whatsoever;
- You will provide Ryde with such information and documents which Ryde may reasonably request;
- You will only use an authorized network to avail the Service;
- You are aware that when requesting Services, whether by message, via Site or calling the call center of Ryde, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply;
- 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
- You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
- Ryde 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, Ryde will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform Ryde on any change in the information provided by You.
- Ryde or an authorized representative of Ryde, shall provide information regarding services, discounts and promotions provided by Ryde to You 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.
- RYDE 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 OLA’S OBLIGATIONS UNDER THESE CUSTOMER T&C.
- You agree to grant Ryde a non-exclusive, worldwide, perpetual, irrevocable, royaltyfree, 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 RYDE TO SHARE YOUR INFORMATION AND / OR PERMITTED INFORMATION, WITH THIRD PARTIES.
- You agree and permit Ryde 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 Ryde. You hereby expressly consent to receive communications from Ryde/ 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 Ryde 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.
- Ryde 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 Ryde 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.
- In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, Ryde 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.
- 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.
- Ryde 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. CONFIRMATION OF BOOKING
- Ryde 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, which shall be informed to You vide an 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 centre.
- You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform Ryde of the incorrect details immediately.
- Certain selective customers will be eligible to avail the Service under a ‘Guest Booking’ feature, provided by Ryde. Such customers will also be bound by the terms and conditions set out herein.
- Ryde shall charge Convenience Fee or Access Fee for the Service which shall be determined and amended at the sole and absolute discretion of Ryde. The Convenience Fee or Access Fee shall be payable by you to Ryde and shall be informed to you before you begin your ride.
- TPSP shall charge Fare to You for the Ride offered to You by the TPSP.
- You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.
- 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.
- In addition to the Total Ride Fee, You may be required to pay such other charges incurred by you during the Ride in cash i.e. Additional Fee, which are not included in the receipt of the Total Ride Fee.
- The Total Ride Fee will be collected by the Driver or Ryde from You at the end of the Ride.
- Ryde shall provide a receipt of the Total Ride Fee payable by You at the end of the Ride, however, separate invoices raised by the TPSPs for the Fare and Additional Fee, and the Convenience Fee or Access Fee raised by Ryde shall be provided to You on request. You may raise a request for a copy of the invoices from our Support page.
- All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, Cancellation Fee shall be borne and payable by You to the TPSPs or Ryde, as the case may be.
You shall choose to pay for the Service Fee by either of the following four methods:
- Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver.
- E-Wallet payment: Ryde offers You the facility of making an online payment through an E-Wallet powered by a third party payment processor (“Payment Processor”). E-Wallet money will not be applicable on bookings made through the phone or while the user is not logged into his/her Account on the Site. The processing of payments, in connection with Your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that Ryde engages for the purpose. Ryde will not be responsible for any errors by the Payment Processor in any manner. Further, even in cases of E-Wallet payments, all Additional Fee (defined below) shall have to be paid by You in cash, to the authority or person concerned or if already paid by the Driver, to the Driver. When You choose to make an E-Wallet payment, Ryde shall collect the Fare on behalf of the TPSP who will be responsible for providing the transportation services.
- Ryde Credit Payment: Payment for the Total Ride Fee can be made to Ryde on credit. in cases of Ryde Credit payments, all Additional Fee shall have to be paid by You in cash, to the authority or person concerned or if already paid by the Driver, to the Driver. When You choose to make an Ryde Credit payment, Ryde shall collect the Fare on behalf of the TPSP who will be responsible for providing the transportation services.
- Credit Card/ Debit Card/ Net Banking Payment: Total Ride Fee shall be effected using the services of an entity providing payment gateway/processor services (“PG”), authorized by Ryde. Such PG may either be Ryde or any of its affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the PG for the successful completion of payment towards Total Ride Fee to Ryde and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposes of the Site and/or Application and/or Services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with Your payment details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by You at any of Ryde’s affiliates. Your authorization will remain in effect as long as You maintain an Account with Us. In the event You delete Your Card Details with the PG or if You delete Your Account, the PG will not process any further transactions initiated by You at the Site or Application and at the sites of any of Ryde’s affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.
- Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between You and the Payment Processor. Ryde shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Site.
7. CANCELLATION POLICY
You agree and acknowledge that You may cancel Your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as explained below:
In Share/Ryde/Plus/SUV/Luxury, Cancellation Fee will be charged
- If you cancel after 5 minutes after the cab is allotted or
- If a driver cancels after waiting at Your location for more than 10 minutes
- Notwithstanding the foregoing, if the Driver is delayed by more than five (5) minutes to pick You, You will not be charged any Cancellation Fee.
- You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a booking/service request. The notification shall be on the Application and/or the Site.
- Ryde shall provide a receipt of the Cancellation Fee, if any, payable by You for every cancellation in terms of the table above for such cancellations, however, separate invoices raised by the TPSPs for the Cancellation Fee, and Ryde for the Convenience Fee on cancellations shall be provided to You on request. You may raise a request for a copy of the invoices from the Support page.
- The Cancellation Fee shall be payable by You at the completion of Your subsequent Ride.
- The mode of payment of the Cancellation Fee shall be in terms of Clause 7 of these User Terms.
- This Clause 7 shall not apply to corporate rides availed pursuant to the terms and conditions.
8. USER VIOLATION OF USER TERMS
You shall not smoke and drink 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 Ryde.
9. CUSTOMER RELATIONSHIP MANAGEMENT
- All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address mentioned in Clause 22. In case of a Ride booked on our Application, You shall be required to rate the Ride after its termination. You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the Rides or Services.
- Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed
- Any issue reported on channels other than the above may be addressed by Ryde only on a best-effort basis. Ryde takes no liability for inability to get back on other channels.
- Ryde 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, and certain may be resolved earlier than the other. However, Ryde shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.
10. EMERGENCY SERVICES TO CUSTOMER
By accepting these User Terms and on pressing the Emergency button on the Ryde App, You consent to Ryde using its best endeavors to provide You with assistance during a safety incident, emergencies or distress, as per Ryde’s internal policies on emergency response. Ryde may undertake remedial action(s), including, but not limited to the following:
- When you press the Emergency button and report a safety incident, the Ryde representative may escalate the incident internally or liaise with any third party security service providers to assist You and/or deploy response teams to Your location.
- Ryde may inform any government authorities, such as the concerned police station, about the incident and seek their assistance; Ryde may also provide such authority / ies, with your personal information including but not limited to your exact GPS location, your registered email ID and mobile number to enable them to take appropriate steps to assist You.
- Ryde may engage third party security providers to assist You and Ryde in addressing the incident. For this purpose, Ryde may share your personal information, including but not limited to, your exact GPS location, your registered email ID and mobile number with third parties such as a security services provider, to enable them to take appropriate steps to assist You and solely to resolve the incident.
- Further to the above, You may receive telephone calls from an Ryde representative and/or the relevant response team at the time of pressing the Emergency button and in the duration that the incident is being resolved, and the same shall not be construed as breach of TRAI guidelines, in as much as these would be made for Your security and safety purposes.
- Under this clause, You give Your express consent to permit Ryde to undertake the above along with any ancillary actions that may be required to facilitate an effective emergency response.
- Ryde will not be liable for any deficiency of service, provided to You under this clause on a best efforts basis, and this clause does not, in any manner, restrain You from seeking any other form of assistance from any other party.
11. FORCE MAJEURE
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.
By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold Ryde, 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:
- Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein;
- Your violation of any rights of any third party, including the TPSPs \or
- Your use or misuse of the Application or Service
- The information, recommendations and/or Services provided to You on or through the Site, the Application and Ryde call center are for general information purposes only and does not constitute advice. Ryde 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.
- Ryde shall not be liable for You missing trains/flights/events or delays etc. as the Service is dependent on many factors not in Ryde’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 un expected delays.
- In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, Ryde shall only endeavor to get You in touch with the Driver assigned for Your Ride.
- Ryde 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 centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
- You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, Ryde will try to locate the items on a “besteffort” 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 Ryde of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of Ryde. In the event it is found, You shall be informed about the Ryde office from where You can collect it after 3 (three) working days from the date You were informed. Ryde however shall not be responsible for delivering the same back to You. If requested, Ryde may deliver the misplaced item/s back to You after 3 (three) working days from the date You were informed, subject to the place of delivery being twenty (20) kms from the Ryde office. Ryde shall charge You a flat fee of Rs 500 for such delivery.
- Ryde does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
- Ryde shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Ryde 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.
- .IN NO EVENT SHALL RYDE 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 RYDE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
- IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RYDE’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).
- 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 Ryde shall be the minimum permitted under Applicable Law.
14. APPLICATION LICENSE
- Subject to Your compliance with these User Terms, Ryde grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
You shall not:
- License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way;
- modify or make derivative works based upon the Service or Application;
- create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device;
reverse engineer or access the Site in order to:
- design or build a competitive product or service,
- design or build a product using similar ideas, features, functions or graphics of the Service or Site, or
- copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, or
- Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.
You shall not:
- send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or
- attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.
- Ryde will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Ryde may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Ryde has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. Ryde reserves the right, at any time and without prior notice, to remove or disable access to any content that Ryde, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
15. CONTENT POSTED BY CUSTOMERS
- Ryde may accept posting of any notes, messages, e-mails, photos, drawings or files, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site (“Posted Content”) by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. Ryde shall not in any manner be responsible for or endorse the Posted Content.
You agree that when posting Posted Content, You will not:
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.
- Restrict or inhibit any other user from using and enjoying the Site.
- Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
- Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
16. INTELLECTUAL PROPERTY RIGHTS
Ryde alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to:
- the Site, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering;
- text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or
- other information provided by You or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
- These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by Ryde. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site / Application.
You may use information on the Site purposely made available by Ryde for downloading from the Site, provided that You:
- do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
- use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
- do not make any additional representations or warranties relating to such information.
If permitted by Ryde, You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Us. You must not use on Your site or in any other manner any Ryde trademarks or service marks or any Content belonging to Ryde and appearing on the Site, including any logos or characters, without our express written consent. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without our prior written consent.
18. TERM AND TERMINATION OF LICENSE AGREEMENT
- Unless terminated in accordance with this Clause 17, the agreement between Ryde and You is perpetual in nature upon downloading the Application and for each Ride booked through the Site.
- 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.
Ryde 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:
- violate or breach any term of these User Terms, or
- in the opinion of Ryde, misuse the Application or the Service. Ryde is not obliged to give notice of the termination of the agreement in advance. After termination Ryde will give notice thereof in accordance with these User Terms.
- Termination of this agreement will not prejudice accrued rights of either Ryde or You.
- Clauses 11 (Indemnification), 12 (Liability), 13 (Application License), 14 (Contents posted on Site/ Application), 15 (Intellectual Property Ownership), 17 (Term and Termination), 22 (Notice) and 24 (Applicable Law and Dispute Resolution) 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.
19. INVALIDITY OF ONE OR MORE PROVISIONS
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and Ryde, 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.
- You agree that Ryde is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. Ryde does not endorse, advertise, advise or recommend You to avail the Services of any Driver. Ryde also does not guarantee or provide assurance in respect of the behavior, actions or data of the users posted on the Site.
- 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.
- Ryde 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 Ryde or any other person's negligence or otherwise).
- 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 Ryde shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
- 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.
- Ryde is not engaged in the insurance business and does not provide any insurance services. Ryde has facilitated provision of insurance services for the benefit of Customers, under group travel insurance policies availed from insurance companies, whereby Ryde is acting as the group manager of the policy. Ryde 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 Ryde 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 Ryde, 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 Ryde 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.
22. MODIFICATION OF THE SERVICE AND USER TERMS
- Ryde 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.
- Ryde 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.
- Ryde may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in Ryde’s account information.
- You may contact Ryde by electronic mail at Our email address email@example.com or by written communication sent by regular mail to Our address at 4th Floor, Shanti Towers, Luz Church Road, Mylapore, Chennai 600004.
You shall not assign Your rights under these User Terms without prior written approval of Ryde can assign its rights under the User Terms to any affiliate.
25. APPLICABLE LAW AND DISPUTE RESOLUTION
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 Ryde as Ryde 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 Ryde and You. The place of the arbitration shall be Chennai, Tamil Nadu unless otherwise mutually agreed by Ryde and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Chennai, India.