TERMS AND CONDITIONS FOR USERS
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.
A.
GENERAL TERMS
These terms and
conditions, including the General Terms and Special Terms along with any
agreements executed or accepted by you (“you/ your” or “User” or “Customer”),
which are incorporated herein by reference (“Terms”) when you
access, use or interact with the mobile application (“Sirider App”) or
website available at https://Sirider.bike/ (collectively, “Platform”)
whether through a computer or a mobile phone or any other device (“Device”) or
avail the Services (defined hereinafter) provided by Sirorder OPC Pvt Ltd
Transportation Services Private Limited (“Sirider” / “Company” / “us”,
“we” or “our”).
All the Services provided
by the Company to you would be by means of your use of the Platform. These
Terms will govern the relationship between you and the Company in the course of
provision of the Services. These Terms govern your access/interaction or use of
the Platform and/or availing of Services.
Please read these Terms
carefully before using the Platform or registering on the Platform or accessing
any material or information through the Platform, or availing the Services. By
using this Platform or availing the Services, you acknowledge that you have
read and understood these Terms and agree to be bound by these Terms, without
any limitation or qualification. If you do not agree with these Terms, please
do not access the Platform or avail the Services.
These Terms expressly
supersede prior agreements or arrangements with you. Use of and access to the
Platform is offered to you upon the unconditional acceptance by you of all the
terms, conditions, and notices contained in these Terms and Privacy Policy (which is incorporated
herein by reference), along with any amendments made by the Company at its sole
discretion and posted on the Platform from time to time.
I.
SERVICES
We provide the following
services (“Services”) to you:
1. A
Platform to facilitate the pick-up and drop off of packages from one location
to the other through services offered by third party drivers or vehicle
operators (“Captains”), (“Package Services”);
2. A
Platform to facilitate the booking of two-wheelers (“Bikes”) and
three-wheelers (“Autos”) (collectively, “Vehicle(s)”)
and Bike Rickshaw or Hamali Rickshaw or Three Wheel Bike avail such
transportation services provided by the Captains (“Transportation
Services”); and
3. Other
support services (such as associated payment collection) as offered by Sirider
from time to time.
II.
YOUR REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
In relation to your use
and access of the Platform or for availing the Services, you represent,
warrant, and provide the following undertakings:
1. For the
purposes of registration/creation of an account on the Platform, you confirm
that you are 18 years of age.
2. The
Service is not available for use by persons under the age of 18. You may not
authorize third parties to use Your Account (defined below), and you may not
allow persons under the age of 18 to receive Services through Captains unless
they are accompanied and/or overseen by you. However, you agree to take full
responsibility for the use of Services by such minors including in respect of
ensuring their safety while availing such Services and Sirider will not be
responsible or liable for any consequences arising from the same.
3. If the
Company becomes aware or it acquires credible knowledge that you have misled us
regarding your age, then the Company reserves its rights to deactivate the
account and you will not be liable to raise any claims including any insurance
from the Company.
4. These
Terms impose valid and legally binding obligations on you and are enforceable
against you.
5. You
confirm that you neither have had any insolvency proceedings against you nor
have you ever been adjudicated insolvent by any court or other authority.
6. You are
not restricted by any legal, regulatory, judicial, quasi-judicial or other
authority, to access the Platform or avail the Services, including to enter
into transactions contemplated for availing the Services.
7. You
agree to use the Services only for purposes that are permitted by these Terms
and in accordance with applicable laws.
8. By
using the Platform or the Services, you authorize Sirider, whether directly or
indirectly through third parties, to collect information about you or make any
inquiries necessary to validate your identity, in accordance with our Privacy
Policy. Please read the Privacy Policy to understand how we collect, process,
and share your information, including personal information and sensitive
personal data or information (collectively, “Information”).
9. Further,
we may ask you for Information or documents that will allow us to reasonably
identify you, requiring you to take steps to confirm your right over your email
address or financial instruments, or verifying your Information against third
party databases or through other sources. We reserve the right to terminate,
suspend, or limit access to the Services in the event we are unable to obtain
or verify this Information.
10. When
you provide any Information to Sirider, you agree to provide only true,
accurate, current and complete Information. You understand and acknowledge that
the responsibility to provide correct Information, including the contact
information, bank account details, etc., as required in connection with the
Services, lies solely with you. You must take all caution to ensure that there
are no mistakes and errors in the Information you provide. We will not be
responsible to verify the accuracy of the Information provided by you.
III.
OPERATION OF PLATFORM
1. You
must register on the Platform and create an account on the Platform (“Your
Account”) by providing accurate Information as sought during the
registration process. You are solely responsible for maintaining the
confidentiality of your credentials (username, password, etc.) provided upon
registration and the Company is not liable for any loss you may incur as a
result of someone else using Your Account, either with or without your
knowledge.
2. Your
Account cannot be transferred, assigned, or sold to a third party.
3. You
agree to accept responsibility for all activities that occur in or from Your
Account. You agree to establish reasonable security procedures and controls to
limit access to the password or other identifying information of Your Account
to unauthorized individuals, which includes choosing passwords and other
credentials in a manner that will protect the security of your Information.
Your credentials include your username and password to Your Account and to any
third-party account you have used to login to Your Account.
4. You
agree to inform us immediately if you have any reason to believe that your
login credentials have become known to anyone else, or if the password or Your
Account is being or is likely to be used in any unauthorized manner.
5. Sirider
will not be liable for any breach of security or unauthorized use of Your
Account.
6. The
Company will forward your booking request made on the Platform (“Service
Request”) to the Captain through an app-based Device operating on
GPS-GPRS available with the Captain.
7. The
Company may monitor and record calls made to the Captains, for the purpose of
training and improving customer care services, including complaint related
services.
8. The
Captain will have the sole discretion to accept or reject each Service Request.
9. If the
Captain accepts the Service Request, a notification will be sent to you with
the Information regarding the Captain including their name, contact number, and
Vehicle registration number, etc.
10. The
Company will make reasonable efforts to bring you in contact with the Captain
in order to obtain the Service subject to availability of the Captain in or
around your location at the time of your Service Request.
11. Even
after acceptance of the Service Request, the Captain may not reach your pick-up
location or decide not to render the Service, in which event the Company will
not be held liable.
12. The
Company will not be liable if you do not download the correct mobile application
to access the Platform or do not visit the appropriate web portal.
13. For the
avoidance of doubt, it is clarified that the Company itself does not provide
the Transportation Services and Package Services and only facilitates these
services through the Platform. It is the Captain who is responsible for
rendering the Transportation Services and Package Services to you. You
acknowledge that Sirider is merely an intermediary and does not provide the
Services as a transportation carrier and the Transportation Services and
Package Services are provided by independent third-party contractors (Captains)
directly who are not employed by Sirider or any of its affiliates.
14. The
Company reserves the right to discontinue or introduce any of the modes of
Service Requests and/or for providing Services.
IV.
YOUR CONDUCT
1. You
will use the Services for lawful purposes and in compliance with applicable
laws, and refrain from doing anything which we reasonably believe to be
disreputable or capable of damaging our reputation and will comply with all
applicable laws of the Republic of India.
2. You
will treat the Captain with respect and not cause damage to their Vehicle or
engage in any unlawful, threatening, harassing, abusive behavior or activity
whilst using their Vehicle.
3. The
Company is not responsible for the behavior, actions, or inactions of Captains
or quality of Vehicle which may be provided to you by the Captains. Any
contract for the provision of Vehicle and/or for the Services is exclusively
between you and the Captain and the Company is not a party to the same.
4. By
using the Platform, you acknowledge and agree that:
a. You
will download Sirider App for your sole, personal use and will not resell it to
a third party;
b. You
will not authorize others to use Your Account;
c. You
will not assign or otherwise transfer Your Account to any other person or legal
entity;
d. You
will not use the Platform for unlawful purposes, including but not limited to
sending or storing any unlawful material or for fraudulent purposes;
e. You
will not use the Platform to cause nuisance, annoyance or inconvenience to
either Company, Captains or third parties;
f. You
will not misuse the Platform or attempt to defraud either the Company, Captain
or third parties;
g. You
will not impair the proper operation of the Platform and you will not use any
device, software, routine, file or other tool or technology, which includes any
viruses, trojan horses, worms, time bombs or cancelbots, intended to damage,
interfere with or affect functionality or operation of the Platform or the Services,
to surreptitiously intercept or expropriate any system, data or information in
connection with the Services or as hosted/available on the Platform, or to
affect the operation of any other websites or the internet;
h. You
will not take any action that imposes an unreasonable or disproportionately
large load on the infrastructure associated with the Platform or the Services,
including but not limited to denial of service attacks, “spam” or any other
such unsolicited overload technique;
i. You
will not try to harm the Platform in any way whatsoever;
j. You
will not copy or distribute the Platform or its contents without written
permission from the Company;
k. You
will keep secure and confidential your account password or any identification
which the Company may provide you which allows access to the Platform;
l. You
will provide the Company with whatever proof of identity we may request;
m. You
will only use an access point or at least a 3G, 4G or 5G data account access
point which you are authorized to use;
n. You
will not use the Platform with an incompatible or unauthorized Device;
o. You
will not indulge in any fraudulent activities including, but not limited to
intentionally falsifying Information, create dummy/duplicate accounts for
fraudulent purposes, manipulate the settings on a phone/Device to prevent or
impair the proper functioning of the Platform, abuse promotions and/or not use
them for their intended purpose, dispute charges for fraudulent or illegitimate
reasons, falsify documents, records, or other data for fraudulent purposes, or
any other activity which is in contravention of applicable laws, is in
violation of these Terms, or is not intended or permitted under these Terms;
and
p. If you
create more than one account per User, Sirider has the right to terminate such
accounts
5. In
addition to the foregoing, you will not upload, display, share, host, publish
or transmit any information that:
a. Belongs
to another person and to which you do not have a right to such information;
b. Is
harmful, offensive, harassing, obscene, pornographic, invasive of another’s
privacy, hateful, racially or ethnically objectionable, disparaging, relating
to or encouraging money laundering or gambling, or an online game that causes
user harm, or otherwise unlawful in any manner whatsoever, or promoting enmity
between different groups on the grounds of religion or caste with the intent to
incite violence;
c. Infringes
any patent, trademark, copyright or any other proprietary rights;
d. Harms
minors in any way or is harmful to child;
e. Any
commercial material or content (including solicitation of funds, advertising,
or marketing of any good or services);
f. Deceives
or misleads the addressee about the origin of such messages, or communicates
any misinformation or information which is patently false and untrue or
misleading in nature, or, in respect of any business of the Central Government,
is identified as fake or false or misleading by such fact check unit specified
by the Government;
g. Impersonates
another person;
h. Contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer resource;
i. Threatens
the unity, integrity, defence, security or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to the
commission of any cognizable offence or prevents investigation of any offence
or is insulting any other nation;
j. Is in
the nature of an online game that is not verified as a permissible online game;
k. Is in
the nature of advertisement or surrogate advertisement or promotion of an
online game that is not a permissible online game, or of any online gaming
intermediary offering such an online game; or
l. Violates
any law for the time being in force.
6. The
Company reserves the right to immediately terminate your use of the Platform
and stop providing you the Services should you not comply with any of the rules
provided in these Terms.
V.
COMMUNICATION AND NOTIFICATION
1. You
agree that Sirider (either directly or indirectly through its affiliates or
third parties) may communicate with you in connection with the Platform or the
Services, either electronically (for example, push notifications), or through
phone calls, WhatsApp messenger application, email, or in writing through other
modes.
2. Any
electronic communications will be considered to be received by you within 24
hours of the time we send it to your attention (such as via email, SMS or other
online notification, through WhatsApp messenger application). We will assume
you have received any communications sent to you by postal mail, 3 business
days after we send it.
3. If you
are a Customer who has registered on the Platform and shared your contact
details with us, we may need to contact you in connection with the Services,
and you give express consent to us and our permitted assigns and third-party
agents to communicate with you in any way, such as calling, texting, or
e-mailing via:
a. A
mobile phone or landline number you provide to us, use to contact us, or at
which we believe we can reach you (even if it is not yours);
b. Any
email address you provide to us or associated with your account on the
Platform;
c. Automated
dialler systems and automatic telephone dialling systems; and
d. Pre-recorded
or artificial voice messages and other forms of communications.
4. The
accuracy, readability, clarity, and promptness of the communications depend on
various factors. Sirider will not be responsible for any non-delivery, delayed
delivery, or distortion of the communication in any way whatsoever.
VI.
PAYMENT FOR SERVICES
1. You
will be required to pay charges for the Services used by you either by using
the online payment gateway provided in the Platform or by paying cash to the
Captains. The Company collects the charges for the Services on behalf of the
Captains after obtaining authorization from the Captains and the payment is
remitted to the Captain’s bank account registered with the Company.
2. The
rates of the Services and any cancellation fee, if applicable, will be notified
on the Platform.
3. The
charges for the Services will be updated or amended from time to time at the
sole discretion of the Company and it will be your responsibility to remain
informed about the charges for the Services.
4. You
agree that you will pay for all Services you purchase from the Captain and for
the use of the Platform either by way of online payment or by cash. In the
event the payment cannot be accepted through the online payment or any other
mode, you will be required to pay the charges for the Services availed by way
of cash. You agree and acknowledge that Sirider is not in any way responsible
for the settlement of cash payments made by you directly to the Captain.
5. In
order for us to facilitate UPI payments, we are required to conduct a bank
account validation and Virtual Payment Address (“VPA”) validation and you agree
for such validation to be conducted. We conduct these validations through a
third-party service provider.
6. Any
payment made is non-refundable. At the end of the trip for the Transportation
Services, we will facilitate for you to receive a copy of the invoice from the
Company on your registered e-mail account with the Company.
VII.
DISCLAIMERS
1. The
information, recommendations provided to you on or through the website or the
Platform is for general information purposes only and does not constitute
advice.
2. The
Company will reasonably keep the Platform and its contents correct and up to
date and offer you uninterrupted access but does not guarantee that the
Platform is free of errors, defects, malware, and viruses or that the contents
in the Platform are correct, up to date, and accurate. Sirider assumes no
liability whatsoever for any monetary or other damage or loss suffered by you
on account of the delay, failure, interruption, or errors in the operation of
the Platform.
3. The
Company will further not be liable for damages resulting from the use of or the
inability to use the Platform, including but not limited to damages resulting
from failure or delay in the delivery of electronic communications,
interception or manipulation of electronic communications by third parties or
by computer programs used for electronic communications and transmission of
viruses.
4. If you
choose to access the Platform from locations other than India, you will do so
at your own risk, and you will be solely liable and responsible for compliance
with applicable local laws and regulations of such location. The mere fact that
the Platform can be accessed through the internet by you in a country other
than India will not be interpreted to imply that the laws of the said country
govern these Terms or use of the Platform. We accept no liability whatsoever,
indirect or consequential, for non-compliance with the laws of any country
other than India.
5. 5.
Access to the Platform or the Services may be unavailable, delayed, limited, or
slowed, from time to time, due to the inherent nature of the internet and,
among other things, also due to:
a. Servers,
networks, hardware failure (including your own computer or mobile),
telecommunication lines and connections, and other electronic and mechanical
equipment;
b. Software
failure, including among other things, bugs, errors, viruses, configuration
problems, incompatibility of systems, utilities or applications, the operation
of firewalls or screening programs, unreadable codes, or irregularities within
particular documents or other content;
c. Overload
of system capacities;
d. Damage
caused by severe weather, earthquakes, wars, insurrection, riots, civil
commotion, act of God, accident, fire, water damage, explosion, mechanical
breakdown, or natural disasters;
e. Interruption
(whether partial or total) of power supplies or other utility service, strike
or other stoppage (whether partial or total) of labor;
f. Governmental
or regulatory restrictions, exchange rulings, court or tribunal orders, or
other human intervention; or
g. Any other
cause (whether similar or dissimilar to the above) beyond the control of Sirider.
6. The
quality of the Transportation Services and Package Services requested through
the use of the Platform is entirely the responsibility of the Captain who
ultimately provides such services to you and Company is not liable for the
same. However, any complaints about the Transportation Services and Package
Services provided by the Captain should be submitted to Company by an email as
notified from time to time
THE COMPANY MAKES NO REPRESENTATION, WARRANTY,
OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY,
AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR THE PLATFORM. THE
COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE AND/OR
THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN
COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B)
7. THE
SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL
BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION OBTAINED
BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E)
ERRORS OR DEFECTS IN THE SERVICES AND/OR THE PLATFORM WILL BE CORRECTED, OR (F)
THE PLATFORM OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,.
THE PORTAL IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. All conditions,
representations and warranties, whether express, implied, statutory or
otherwise, including, without limitation, any implied warranty of merchantability,
fitness for a particular purpose, or non-infringement of third party rights,
are hereby excluded and disclaimed to the highest and maximum extent. You
acknowledge and agree that the entire risk arising out of your use of the
Platform and / or the Services remains solely and absolutely with you and you
will have no recourse whatsoever to the Company.
VIII.
INTELLECTUAL PROPERTY RIGHTS
1. The Company is the sole owner and lawful
licensee of all the rights to Platform or any other digital media and its
contents. The content means its design, layout, text, images, graphics, sounds,
video, etc. the website, Platform or any other digital media content embody
trade secrets and Intellectual Property Rights protected under worldwide
copyright and other laws. All titles, ownership and Intellectual Property
Rights in the Platform and its content remain with the Company except the third
party content and link to third party website on the Platform.
The term “Intellectual Property
Rights” means all intellectual property rights or similar proprietary
rights, including: (i) patent rights and utility models, (ii) copyrights and
database rights including moral rights, (iii) trademarks, trade names, domain
names and trade dress and the associated goodwill, (iv) trade secrets, and (v)
industrial design rights; and for each of the foregoing includes any
registrations of, applications to register, and renewals and extensions of, any
of the foregoing in any jurisdiction in the world.
2. All rights not otherwise claimed under
these Terms or by the Company are hereby reserved. The information contained in
this Platform is intended, solely to provide general information for the
personal use of the reader, who accepts full responsibility for its use.
3. The Company does not represent or endorse
the accuracy or reliability of any information or advertisement contained on,
distributed through, or linked, downloaded or accessed from any of the services
contained on this Platform, or the quality of any products, information or other
materials displayed, or obtained by you as a result of any product, information
or other materials displayed, or obtained by you as a result of an
advertisement or any other information or offer in or in connection with a
Service.
4. All related icons and logos are registered
trademarks or service marks or word marks of the Company in various
jurisdictions and are protected under applicable copyrights, trademarks and
other proprietary rights laws. The unauthorized copying, modification, use or
publication of these marks is strictly prohibited.
5. Subject to your compliance with these
Terms, the Company grants you a limited, non-exclusive, non-transferable
license to download and install a copy of the Platform on a single mobile
device that you own or control and to run such copy of the Platform solely for
your own personal use.
6. Customer data: As between Sirider and
Customer, all right, title and interest in: (i) the Information, (ii) other
information input into the Platform by Customer or its authorized users (“Other
Information”), and (iii) all Intellectual Property Rights in each of the
foregoing, belong to and are retained solely by the Customer. Information and
Other Information are collectively referred to as “Customer Information”.
Customer grants to Sirider a limited, non-exclusive, royalty-free, worldwide
license to use the Customer Information and perform all acts with respect to
the Customer Information, as may be necessary for Sirider to operate, maintain
and improve the Platform or provide the Services to Customer, and a
non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up
license to use, reproduce, modify and distribute the Other Information as a
part of the Aggregated Statistics (defined below). Customer is solely responsible
for the accuracy, quality, veracity, integrity, legality, reliability, and
appropriateness of all Customer Information. Sirider agrees to access and use
the Customer Information solely as set forth in these Terms or the Privacy
Policy.
7. Aggregated statistics: Notwithstanding
anything else in these Terms, Sirider may monitor Customer’s (including the
authorized users) use of the Platform and the Services and use data and
information related to such use and Customer Information in an aggregate and
anonymous manner, including to compile statistical and performance information
related to the provision and operation of the Platform and the Services
(“Aggregated Statistics”). As between Sirider and Customer, all right, title
and interest in the Aggregated Statistics and all Intellectual Property Rights
therein, belong to and are retained solely by Sirider. Customer acknowledges
that Sirider will be compiling Aggregated Statistics based on Customer
Information and Information input by other customers into the Platform.
Customer agrees that Sirider may: (i) make such Aggregated Statistics publicly
available, and (ii) use such information to the extent and in the manner
required by applicable law and for purposes of data gathering, analysis,
service enhancement and marketing, provided that such data and information does
not identify Customer.
8. You will not do the following:
i.
License, sublicense, sell, resell, transfer, assign, distribute
or otherwise commercially exploit or make available to any third party the
Platform in any way;
ii.
Modify or make derivative works based upon the Platform;
iii.
Create internet "links" or "frame" or "mirror"
any application on any other server or wireless or Internet-based device; or
iv.
Reverse engineer or access the Platform in order to:
a.
design or build a competitive product or service,
b.
design or build a product using similar ideas, features,
functions or graphics of the Platform,
c.
copy any ideas, features, functions or graphics of the Platform,
or
d.
launch an automated program or script, including, but not
limited to, web spiders, web crawlers, web robots, web ants, web indexers,
bots, viruses or worms, or any program which may make multiple server requests
per second, or unduly burdens or hinders the operation and/or performance of
the Platform.
IX.
THIRD-PARTY LINKS
1. During use of the Platform, you may enter
into correspondence with, purchase goods and/or services from, or participate
in promotions of third party Captains, advertisers or sponsors showing their
goods and/or services through a link on the Platform. These links take you off
the Platform and are beyond the Company's control. You therefore visit or
access these websites entirely at your own risk.
2. Please note that these other websites may
send their own cookies to users, collect data or solicit personal information,
and you are therefore advised to check the terms of use or privacy policies on
those websites prior to using them.
X.
EMERGENCY SOS
1. Sirider provides SOS feature on the Sirider
App wherein the Customer can call for emergency services in case of any safety
issues or other emergency by tapping the "Red" button made available
on the Sirider App. This is linked to the internal emergency response team of Sirider,
and any such case is escalated and dealt with on priority.
2. In case of an accident, an ambulance can be
called upon by the Customer immediately through the Sirider App, and the said
information can be shared with trusted/ emergency contacts of the Customer
provided to Sirider.
3. You agree not to misuse the Emergency/ SOS
feature and will solely use it during emergencies. In case of any misuse of the
SOS feature, you will be liable for consequences/actions in accordance with
applicable laws and/or as per Sirider's internal policies.
XI.
TERM AND TERMINATION
1. These Terms, which form the contract
between the Company and you, are concluded for an indefinite period. You are
entitled to terminate the contract between the Company and you at any time by
deleting Your Account on the Platform.
2. The Company is entitled to terminate your
access to the Platform and/or the Services at any time and with immediate
effect (by disabling your use of the Platform and the Service) if you: (a)
violate or breach any term of these Terms, or (b) in the opinion of the
Company, misuse the Platform or the Service, or (c) if there is reason to
believe that the account is used fraudulently.
3. The Company is not obliged to give notice
of the termination in advance. After termination, the Company will give notice
thereof in accordance with these Terms.
4. Neither party hereto will be responsible
for delays or failures in performance resulting from acts beyond its reasonable
control and without its fault or negligence. Such excusable delays or failures
may be caused by, among other things, strikes, lockout, riots, rebellions,
accidental explosions, floods, storms, acts of God, and similar occurrences.
5. The Company, in addition to its right to
terminate or suspend access to Your Account and/or the Services in case of
violation of these Terms, the Privacy Policy, or any applicable law, reserves
the right, in its sole discretion, to legally prosecute you if you act in a way
that the Company, at its sole capacity, decides involves fraud or misuse of the
Platform, or is harmful to the Company's interests or another user, any
Captain, or any other participating third-party.
6. The Company's failure to insist upon or
enforce your strict compliance with these Terms will not constitute a waiver of
any of the Company's rights.
XII.
INDEMNITY AND LIMITATION OF LIABILITY
1. You will, at your expense, defend,
indemnify and hold harmless the Company, its affiliates, licensees, and its
officers, directors, agents, and employees from any and all claims, losses,
liabilities, damages, expenses, and costs (including attorneys' fees and court
costs) which result from a breach or alleged breach of these Terms by you,
including but not limited to, (i) your use or misuse of the Platform or
Services; (ii) any claims from any third-party as a result of or in connection
with your use of the Platform or the Services.
2. Sirider reserves the right, at your
expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify Sirider, including rights to settle, and you
agree to cooperate with Sirider for such defense and settlement. Sirider will
use reasonable efforts to notify you of any claim, action, or proceeding
brought by a third party that is subject to the foregoing indemnification upon
becoming aware of it. Customer may, at its own expense, engage separate counsel
to advise Customer regarding a claim and to participate in the defense of the
claim, subject to Sirider's right to control the defense and settlement.
3. IN NO EVENT WILL SIRIDER BE LIABLE FOR ANY
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY
DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY
THEREOF.
4. IN ADDITION, AND WITHOUT LIMITING THE
FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SIRIDER’s
AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE
SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE,
PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT
OF INR. 1000/-.
XIII.
GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
1. These Terms will be governed by and
interpreted in all respects in accordance with the laws of the Republic of
India.
2. Subject to the provisions made in Clause
XIII.3, the Parties hereby submit to the exclusive jurisdiction of the courts
of Bangalore, India.
3. All disputes arising out of or in relation
to these Terms will be settled amicably by the parties. In the event no
amicable settlement is arrived at within a period of fifteen (15) days from the
date of first initiation of the dispute by one party to the other, the parties
will resolve the dispute by means of arbitration pursuant to the Arbitration
and Conciliation Act, 1996.
4. The arbitration proceedings will be
conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually
appointed by You and the Company.
5. The arbitration proceedings will be
conducted in the English language only, and the seat for arbitration will be
Bangalore, India.
6. The award of the arbitral tribunal will be
final and binding.
XIV.
ASSIGNMENT
You may not assign your rights under these
Terms without the prior written approval of the Company.
XV.
SEVERABILITY
If any provision or any part of a provision of
these Terms is held to be invalid, unenforceable or prohibited by applicable
laws of the Republic of India, such provision or part of provision will be
severed from these Terms and will be considered divisible as to such provision
or part thereof and such provision or part thereof will be inoperative and will
not be part of the consideration moving between you and the Company hereto and
the remainder of these Terms will be valid and binding and of like effect as
though such provision was not included herein.
XVI.
CHANGES TO THESE TERMS
Sirider may change these Terms from time to
time. If Sirider makes any changes to these Terms that it deems to be material,
Sirider will make a reasonable effort to inform you of such changes, but it is
your responsibility to review the Terms posted to the Platform from time to
time to see if it has been changed. The updated version of these Terms will
supersede the current version and such updated version will be immediately
effective upon being posted on the Platform. The continued use of the Platform
following the notification of modification of the Terms or after being updated
on the Platform will be construed to mean the acceptance of the said modified
Terms.
XVII.
NOTICES
The Company may give notice by means of a
general notice on the Platform, or by electronic mail to your email address on
record in the Company’s account, or
by written communication sent by regular mail
to your address on record in Company’s account.
XVIII.
CUSTOMER CARE AND GRIEVANCE REDRESSAL
Any opinions, issues, or suggestion regarding
the Platform and / or Services can be provided / resolved by reaching out to
the customer care number or email mentioned below:
Customer Care details: shoutout@Sirider.bike
Alternatively, you can contact Customer Care
using the chat functionality on the Sirider App and a customer service
associate will get back to you.
Please note, concerns pertaining to a specific
Service Request or a Captain may be reported not beyond 24 hours from when the
Services were availed. In case the issue or grievance is criminal in nature,
the complaint may be filed within 72 hours of the event / availing the Service.
Any complaint, dispute or grievance in
relation to the Services should be addressed to Sirider as given below. Such
complaint, dispute or grievance will be handled as per applicable laws.
Grievance Officer: Doulanna
e-mail: anna@Sirider.bike
Address: Plot
No 5, 2nd Floor YSR Circle Gudsov Complex, Dharur V M Gadwal Mahbubnagar TG
509125 IN .
B.
SPECIAL TERMS
In addition to the General Terms, along with
any other agreements or documents executed / accepted by you, the following
additional special terms (“Special Terms”) apply to your use
of certain specific Services.
I.
PACKAGE SERVICES
1. You can
initiate a transaction on the Platform by which you may (through the help of a
Captain) send packages (“Package(s)”) to a particular
location. The Package Services are provided to you directly by the Captain and Sirider
merely acts as a technology platform to facilitate transactions initiated on
the Platform and Sirider does not assume any responsibility or liability for
any form of deficiency of services on part of the Captain.
2. Sirider
does not assume any responsibility or liability whatsoever for any damage/deficiency
or loss of the Package(s).
3. You
agree that you will not request Package Services for Package(s) which are
illegal, hazardous, dangerous, or otherwise restricted or constitute items that
are prohibited by any statute or law or regulation or the provisions of these
Terms.
4. You
also agree that you will not request for dispatch of Package(s) which require a
special transportation permit or require any special license under applicable
law.
5. You
will be required to indicate the accurate addresses for pick up and delivery of
the Package(s) you wish to avail Package Services in respect of, and also an
accurate return address in case the Package(s) cannot be delivered for any
reason whatsoever at the delivery address.
6. It is
clarified that the transit will commence from the moment the Package(s) is
securely handed over to the Captain by the Customer till the moment the Captain
arrives at the delivery address or as near to the indicated delivery address as
may be possible.
7. In the
event the Captain is not able to deliver the Package(s) at the indicated
address for any reason whatsoever, then the Company will not be liable for any
damages arising in respect of the Package(s) while delivering the Item(s) at
the return address as provided by the Customer.
8. The
Company does not check or verify the Package(s) that are being picked up and
dropped off on behalf of you or the Package(s) that are being delivered to you
by the Captain, and therefore the Company will have no liability with respect
to the same. However, if it comes to the knowledge of the Company that you have
requested Package Services in respect of any illegal or dangerous substance or
availed the Package Services using the Platform to deliver any illegal or
dangerous substance, the Company will have the right to report you to the
government authorities and take other appropriate legal actions against you. Sirider
will not be liable for any consequences that may arise on such reporting.
9. You
agree that before requesting a Package Service, you are well aware of the
contents of the Package(s) sent or requested by you through registered Captain,
and that such contents are legal and within limits of transportation under any
applicable laws. Such contents will not be restricted and/or banned and/or
dangerous and/or prohibited for carriage (such items include, but are not
limited to, radio-active, incendiary, corrosive or flammable substances,
hazardous chemicals, explosives, firearms or parts thereof and ammunition,
firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious
metals and stones, jewellery, semi-precious stones including commercial carbons
or industrial diamonds, currency (paper or coin) of any nationality, securities
(including stocks and bonds, share certificates and blank signed share transfer
forms), coupons, stamps, negotiable instruments in bearer form, cashier’s
cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards,
antiques, works of art, lottery tickets and gambling devices, livestock, fish,
insects, animals, plants and plant material, human corpses, organs or body
parts, blood, urine and other liquid diagnostic specimens, hazardous or
bio-medical waste, wet ice, pornographic materials, contraband, bottled
alcoholic beverages or any intoxicant or narcotics and psychotropic substances
or any other prohibited material or material for the transportation of which
specific authorisation/license is required under applicable laws.
10. You
also agree that, upon becoming aware of the commission of any offence by you or
your intention to commit any offence upon initiating a Package Service or while
providing Package Service of any Package(s) restricted under applicable law,
the Captain may report such information to Company or to the law enforcement
authorities.
11. You
agree that you will be solely responsible for the Package(s) handed over to the
Captain and will be prudent not to handover expensive items to the Captain. You
will be solely responsible for any loss or damage to the Package(s) in case of
any theft or any other incidents to the Package(s) on account of the Captain or
otherwise.
12. You
will pay the service fees for availing the Package Services at the end of the
completion of such services, as may be displayed to you on the Platform. You
cannot initiate another Package Services until you have paid for the previously
completed such Package Services.
II.
INSURANCE FOR TRANSPORTATION SERVICES BY MEANS OF BIKES
1. The
Company has facilitated provision of an insurance policy for the users availing
the Transportation Services by means of Bikes and the information on the same
is available on the Platform once the Services are availed by the users.
2. Sirider
is not engaged in the insurance business and does not provide any insurance
services. Sirider has facilitated provision of insurance services for the
benefit of Customers, under group travel insurance policies availed from
licensed insurance companies, whereby Sirider is acting as the group manager of
the policy.
3. Sirider
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.
4. The
details of the insurance policy are available on the concerned insurer’s
website which can be accessed through the third party link provided on the
Platform. Any claim or servicing of insurance policies, remains a matter
between the Customer and the insurer, and Sirider will not be responsible for
the actions of the insurer or the Customer.