Terms and Conditions
RIDELY is a mobile application ("RIDELY") owned, maintained and controlled by Ridely Technologies Private Limited ("Company"), a company incorporated and existing in accordance with the laws of India. By registering on RIDELY, the end user ("User") acknowledges, accepts and agrees to abide by without limitation, below terms and conditions ("T&C") to view and/or use RIDELY, which forms a binding contract between the User and Company. The Company will facilitate the process of payment, car pooling and Cab Sharing services for User on RIDELY ("Services"). The Company may change, modify, alter or amend the T&Cs without notice at its discretion at any point of time.
- General Conditions to use RIDELY:
- RIDELY enables User to share a vehicle for a journey with other User in exchange for a cost ("Ride Offeror") which may be accepted by another User for travelling from one place to another with the Ride Offeror and it may include all other co-Rider/Users who accompany such User in the Vehicle for the Trip with Ride Offeror ("Co-Rider").
- The Vehicle is offered by the Ride Offeror for sharing a ride for a Trip in relation to which the Ride Offeror and the Co-Rider have conducted a Transaction on RIDELY which may be intra-city or inter-city ("Trip"). Vehicle means an automobile which is legally owned or rented by the Ride Offeror and has been offered for pooling a Trip on RIDELY. Any confirmed Trip which is scheduled using RIDELY by Ride Offeror and Co-Rider shall be termed as ("Transaction") under the T&Cs.
- Cost of the Trip which is to be shared between the Ride Offeror and Co-Rider will be calculated by RIDELY on the basis of distance and time of journey subject to final approval of the Ride Offeror ("Cost"). For the purpose of a particular Trip, cost contribution shall mean the individual share of Cost of each of the Co-Rider as agreed between the Ride Offeror and the Co-Rider in relation to the Trip which is payable by the Co-Rider as their respective contribution towards the Cost of the Trip in advance to the Company ("Cost Contribution")
- Ride Offeror must be above 18 years of age and should have contractual capacity at the time of registration on RIDELY.
- Co-Rider must be above 13 years of age and should have contractual capacity at the time of registration on RIDELY.
- The T&Cs apply to any and all use of RIDELY by a User, including without limitation whether such User is the 'Ride Offeror' or 'Co-Rider'. By registering on RIDELY, the User acknowledges, accepts and agrees to abide by the T&Cs.
- User agrees that the Company may vary or amend RIDELY, its Services, conditions, functionality, "look and feel" at any time without notice to User.
- In the event, the User fails to comply with any of the T&C, the Company reserves its right to withdraw the User Account (defined below) in question and suspend or withdraw Services to User without any prior notice.
- It is presumed that the person who has created the profile on RIDELY will be the one who will travel. In case of more than one booking s/he should be one of the Co-Riders.
- RIDELY Ride Offeror may deny boarding in case the Co-Rider profile does not match with the booking details. It is suggested that Co-Riders should always carry a valid Photo Id Proof to avoid any confusion / dispute at the time of boarding.
- The Name on your booking ticket / sms / email should match with the name on the photo id proof you are carrying.
- It is optional and recommended that the users rate every other user they travel with, rating them with grades or leaving a comment about the shared ride. The Ratings are of exclusive use of the Company, in order to provide a better service to users.
- Registration and verification on RIDELY:
- In order to be registered on RIDELY, the User must complete the verification process by signing-in through his Facebook Account or Google Account or LinkedIn Account details, thereby providing consent to capture details of User from Facebook Account or Google Account or LinkedIn Account which may be published on their respective User Account on RIDELY. User can also sign-in using their Email Address.
Email Address sign-in is followed by Email Address Verification. The final step of verification shall be completed with Mobile Verification of User on RIDELY. Any personal picture of User retrieved from Facebook Account may be uploaded on User Account of respective User on RIDELY. Only after confirmation of the User Account by the Company, the User can offer or book a ride on RIDELY. However, User agrees and understands that the Company does not undertake any responsibility for the accuracy of the Registration Data and any other information provided by the User on the Application or to a Ride Offeror or Co-Rider, as the case may be. The Company will not be liable to any User in any manner whatsoever in the event any information provided by another User results to be false, incomplete, inaccurate, misleading or fraudulent in nature. "Facebook Account" means the user account of User created on www.facebook.com. "Google Account" means the user account of User created on www.google.com. "LinkedIn Account" means the user account of User created on www.linkedin.com.
- Email Address Verification: In order to ensure credibility of User and to verify the User email address, the Company will send an Email comprising of a six digit 'one time password' on the registered email address of the User. User needs to validate this six digit 'one time password' on RIDELY in order to complete the process of registration and verification and to use or view RIDELY.
- Mobile Verification: In order to ensure credibility of User and to verify the User mobile number, the Company will send a SMS comprising of a six digit 'one time password' on the registered mobile number of the User. User needs to validate this six digit 'one time password' on RIDELY in order to complete the process of registration and verification and to use or view RIDELY.
- If Company has reasonable grounds to believe that any information provided by the User is incorrect or incomplete, then the Company may suspend or terminate the User Account of the respective User temporarily or indefinitely at its discretion without notice to such User.
- Use of Services:
- Services offered by the Company will allow the User to share a Vehicle for a Trip either as a Ride Offeror offering the ride for carrying a Co-Rider for that
Trip or as a Co-Rider booking the Trip. The Transaction shall be done in exchange for a Cost Contribution. The Cost of the Trip will be shared by the Ride Offeror with all the Co-Riders travelling in the Vehicle.
- The Co-Rider may contact the Ride Offeror directly for discussing any conditions of travel (including size of luggage allowed to carry, cancellation of Trip before or during the Trip etc.). After finalizing conditions of travel, the Co-Rider will pay his share of Cost at the time of completion of Trip to the Ride offeror. The payout to the Ride offeror will only happen in the form of cash by the Co-Riders.
- Parking, toll, interstate taxes, passenger taxes or any other applicable taxes and costs will be all inclusive in the Cost which will be shared between the Ride Offeror and the Co-Rider.
- All commercial and contractual terms are offered by and agreed to solely between the Users. The Company does not have any control and does not determine or advise or in any way involve itself in offering or approving such commercial and contractual terms agreed between the Ride Offeror and the Co-Riders. User unconditionally acknowledges that given the nature of the Services and the fact that it is free of charge, the Ride Offeror and Co-Rider will have no right to initiate any claim against the Company for any issue related to the Trip including, but not limited to, cancellation of Trip before or during the Trip, last minute changes, failure by the Ride Offeror or the Co-Rider to show up and/or any other unsatisfactory or delayed performance by the Ride Offeror.
- Company has endeavored to ensure that all the information on RIDELY is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained within the content available on RIDELY.
- Company has no role and will take no steps to manage or schedule any booking and at no time any right, title or interest over the Transaction contemplated herein shall vest with the Company nor shall Company have any obligations or liabilities in respect of the Services offered by and agreed to solely between the Ride Offeror and the Co-Rider. Company will also not be responsible for unsatisfactory or delayed performance by any User, including but not limited to, safety issues, cancellation of Trip, last minute changes, failure by the Ride Offeror or the Co-Rider to turn up etc.
- Limited use of Services on RIDELY:
- RIDELY is merely providing a platform to a Ride Offeror and Co-Rider for sharing a Vehicle in a private capacity in exchange of Cost between them. The User is only allowed to use RIDELY for his personal use. Under no circumstances shall a User be permitted to use his User Account or details thereof for any purpose other than for using car pooling or Cab Sharing facility in India in his personal capacity and he shall not indulge in any activity of profit making or car sharing for hire or similar purposes.
- Cab Sharing: The User can share any private Vehicle or cab or taxi rented by him with other Co-Riders by becoming a Ride Offeror. The User is liable to inform other Users while offering the Trip that the Vehicle used for the Trip is a cab or a taxi and not owned by the User.
- The User agrees and undertakes not to exploit or abuse RIDELY for any purpose other than the purpose herein and/or for any other purpose which is unlawful or illegal under any law for the time being in force within or outside the territory of India. In addition, RIDELY shall not be used in any manner, which could damage, disable, impair or interfere with any other User's right to use and/or enjoyment of RIDELY or cause any damage to or hamper the business or reputation of the Company. The User shall refrain itself from obtaining or attempting to obtain any information through any means which is not intentionally made available or provided to it for or through RIDELY.
- Obligations of the Ride Offeror and Co-Rider:
- Covenants and obligations of the Ride Offeror:
The Ride Offeror hereby covenants that:
- he is the legitimate owner of the Vehicle or is authorized and entitled to use the Vehicle under the laws of India;
- the Trip is undertaken in his personal capacity in accordance with his need;
- he will not use RIDELY for any purpose which is unlawful or illegal under any law for the time being in force within or outside the territory of India for any fraudulent, unlawful or criminal activity;
- if the Vehicle is owned by the Ride Offeror, he has procured for the Vehicle a comprehensive insurance policy, which provides insurance cover to the Co-Riders in the Vehicle and covers third party liability. The Ride Offeror further agrees that on the request of the Co-Rider, he will provide the evidence to the Co-Rider in respect of the subsistence of such insurance policy;
- if the Vehicle is driven by the Ride Offeror, he holds a valid driving license and valid pollution control certificate in respect of the Vehicle;
- he will present himself on time at the appointed pick up place as mutually agreed with Co-Rider with the specified Vehicle;
- he must wait for the Co-Riders at the appointed pick up place for at least 15 (fifteen) minutes after the agreed time in case Co-Rider fails to reach the appointed place on time;
- he must take reasonable care to ensure good and humble conduct with the Co-Riders during the Trip;
- he will immediately inform the Co-Riders about any change in respect of the proposed Trip for a Transaction. If one or more Co-Riders have made a booking and the Ride Offeror decides to change any aspect of the Trip, the Ride Offeror undertakes to contact all Co-Riders for a Transaction in relation to that Trip to obtain consent from them for such change. If any Co-Rider refuses to such change and declines to travel then that Co-Rider will not be entitled to pay any cost to the Ride Offeror for that Trip;
- he will not charge additionally at boarding or over what is listed on the Application, in case of breach RIDELY reserves right to block or prohibit the Ride Offeror from conducting Transactions on RIDELY;
- Covenants and obligations of the Co-Rider:
The Co-Rider hereby covenants that:
- the Trip is undertaken in his personal capacity in accordance with his need and car sharing shall not be accepted for hire or reward or for profit making in any commercial context;
- he will not use RIDELY for any commercial purpose and/or for any other purpose which is unlawful or illegal under any law for the time being in force within or outside the territory of India for any fraudulent, unlawful or criminal activity;
- he will arrive on time at the appointed pick up place as mutually agreed with Ride Offeror;
- he shall wait for the Ride Offeror at the appointed pick up place for at least 15 (fifteen) minutes after the agreed time if Ride Offeror fails to reach the appointed place on time;
- he must take reasonable care to ensure good and humble conduct with the Ride Offeror and other Co-Riders during the Trip;
- he will pay his share of Cost Contribution of the Trip at the time of completion of the Trip to the Ride Offerer;
- he will immediately inform the Ride Offeror in case he is required to cancel the Trip.
- Disclaimer of warranties and no liability of Company:
- User acknowledges that the Company is acting as a facilitator while providing the Services on RIDELY. It is as an online platform for Users who want to pool a car or share a cab within the city or inter-city in India. The Services offered through or via RIDELY is provided on "as is" basis without any representation or warranty of any kind from the Company, either expressed or implied, including without limitation, any representation or warranty for timeliness, safety, continuity, uninterrupted travel, quality, conditions of Vehicle, driving skill, performance for any particular purpose with respect to the Trip.
- User agrees that the Company doesn't control the Cost of Trip offered through RIDELY or any conditions or terms of the Trip as same are agreed and negotiated by the Ride Offeror and Co-Rider on their own and these are strictly within the control of the Ride Offeror and Co-Rider only. Users may access the Services on RIDELY at their own risk and using their best and prudent judgment before entering into any arrangement with other Users through RIDELY.
- User agrees that the Company is acting as a passive conduit between the Ride Offeror and Co-Rider and the Company does not have any control and does not determine or advise or in any way involve itself in the offering or acceptance of such commercial and/or contractual terms between the Ride Offeror and the Co-Rider. User further accepts that the Company shall not be responsible in any manner for any quality or performance or unsatisfactory or delayed performance by Ride Offeror and/or Co-Riders on the Trip.
- Company gives no warranty or assurance in regard to insurance and pollution control certificate obtained or to be obtained by the Ride Offeror as provided in Clause 5.1 (d) and (e) above and it is the Co-Rider's responsibility to verify that insurance procured by the Ride Offeror provides adequate cover to third party.
- The Company endeavors to provide information which is accurate, complete, and reliable posted on RIDELY. However, Company makes no representation about correctness of the Registration Data available on RIDELY or any other information published on RIDELY at any point of time. All information, picture(s), graphics, content is provided "as is" without warranty of any kind, either express or implied by Company on RIDELY.
- Users agree to indemnify and hold harmless the Company, its affiliates, franchisees and any of their respective directors, officers, employees, agents, licensees or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or in relation to (a) breach of the T&Cs by the Users; and (b) use of RIDELY including transmission or modification of Registration Data or any other information by the Users on RIDELY; and (c) consequences of any acts or omissions by Users and claims or demands under any statute, contract or otherwise in relation to Trip or Services provided herein. This provision shall survive the termination of User's right to use RIDELY.
- The User has discharged the Company, their affiliates, and their respective directors, officers, employees, and agents from any and all claims, liability, loss, or damage, including any third party claims, arising from or relating to, in whole or in part, the Services, or the use, misuse of, or inability to use the Services as contemplated on RIDELY.
- Intellectual property rights:
- The information displayed on or contained on RIDELY including, without limitation, RIDELY software, design, text, editorial materials, informational text, images, artwork and other graphic materials, names, logos including all other rights, tangible and intangible with regard to the Services belongs exclusively to the Company and Company is merely permitting Users to use the Services for Ride Offerors and Co-Riders for a Transaction in exchange for sharing the Cost of the Trip between the Ride Offeror and the Co-Rider.
- Users shall be responsible for maintaining the confidentiality of his user ID and password created at the time of registration and User shall be fully responsible for all the activities that occur under his User Account at all times.
- Applicable Laws and jurisdiction:
The T&C shall be governed by and construed in accordance with the laws of India and the Parties agree that any disputes arising in relation to these T&C shall be subject to exclusive jurisdiction of the competent courts at New Delhi only.
- Management of disputes
The Company may at its sole discretion provide Users with an online service for resolving disputes. This service is non-binding and Company is under no obligation to resolve disputes between Users and the dispute resolution mechanism may be opted and offered by Company at its sole discretion which may be withdrawn at any time.
- No Partnership
None of the provisions of the T&C, notices or the right to use RIDELY by the Users shall be deemed to constitute a partnership between the Users and the Company.