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Terms and Conditions

Please read the following terms and conditions of the End-User License Agreement (“EULA”) carefully before using this Application, as described hereinabove. Your acceptance of these terms and conditions, in the manner provided therein, shall constitute a binding agreement between you and M/s ____________ having its office at ___________.

End-User License Agreement (“EULA”) between:

M/s ________ having its office at _____________ (hereinafter referred to as the “Licensor”) of the First Part;

AND

You (hereinafter referred to as “You’/ “you’ or “End User”) of the Second Part.

Whereas, the Licensor is engaged in the business of developing software and mobile applications. Based on extensive research & development, the Licensor has developed a proprietary mobile phone software applications to connect people who intend to offer their cars to the car pool while traveling on a particular route and those who intend to avail the ride on the cars offered to the pool in specified route. The details of the application and its features are provided in [Annexure A] forming part of this EULA and hereinafter referred to as “Application”/ “APP”.

The person intending to offer his/her car to the pool shall be referred to as “Offeror” and the person availing the car pool shall be referred to as ‘’Offeree”.

AND WHEREAS, the End User after reviewing the features as detailed in Annexure A, intends to install and use the APP either for offering his/her car to the car pool while travelling on a particular route, or for availing the cars being offered to the pool on his/her phone or other devices (hereinafter referred to as “Device”).

AND WHEREAS, the End User acknowledges that installation and use of the APP shall be subject to the terms and conditions mentioned herein below, and the acceptance of these terms and conditions, by way of opting the “I AGREE” option hereinafter, shall constitute a binding agreement (“Agreement”) between the End-User and the Licensor.

  • (1) GRANT OF LICENSE
  • Upon acceptance of the terms and conditions of this EULA by the End User, the Licensor grants to the End User, during the term of this Agreement, a personal, limited, non-exclusive, revocable and non-transferable license to install and use the Application for personal purposes on the Device owned or controlled by the End User and as permitted by the usage rules set forth in the app store’s/market place’s terms and conditions as may be applicable and binding upon the End User.

    The End-User agrees and acknowledges that all licenses not expressly granted in this EULA are reserved and no other licenses, immunity or rights, express or implied are granted by the Licensor by implication, estoppel or otherwise.

  • (2) OWNERSHIP AND USE
  • The End-User acknowledges and agrees that the Licensor retains all its rights and interest in and to the Application and any updates it may make available to the End-User.

  • (3) END-USER’S REPRESENTATION
  • The End-User acknowledges and represents that:

    1. (3.1) he/she is minimum of 18 years of age and competent to enter into this Agreement.
    2. (3.2) he/she is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and that he/she is not listed on any U.S. Government list of prohibited or restricted parties.
    3. (3.3) the Device is solely owned or controlled by him/her.
  • (4) END-USER’S COVENANTS
  • The End-User acknowledges and agrees:

    1. (4.1) to use the Application at the End-User’s own risk as to its content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, road conditions, route usability, expeditiousness or any interruption, virus or error.
    2. (4.2) that technical or any other information from the End-User’s Device such as GPS, IMEI no. etc. may be received, stored and/or used by Licensor or any third party, whose services have been engaged by the Licensor [hereinafter referred to as “Service Providers” which includes the programmer and designer of the Application (“Programmer”)] solely for the purposes of installation and proper use of the Application.
    3. (4.3) that the End-User shall comply with the applicable third party agreements while using the Application.
    4. (4.4) that the End-User shall not remove or alter any trademark, logo, images, graphics or proprietary notices, symbols, labels in the Application belonging to the Licensor or any third party and agrees to indemnify the Licensor or any third party in case of any violation/infringement of the same.
    5. (4.5) that the End-User shall not remove, alter/tamper or modify the content forming part of the Application.
    6. (4.6) that the End-User shall not block, disable, or otherwise affect any of the feature that constitute an integral part of the Application.
    7. (4.7) that the End-User shall not provide or unlock additional features or functionality of the Application.
    8. (4.8) that the Licensor reserves the right to change the content of the Application at any time during the term of this Agreement.
    9. (4.9) that the Licensor shall provide the End User’s name and designation to his/her employer [i.e. name of the Company to be inserted] so as to enable the employer that the End User is using the Application and for the purposes of entitling the End User for certain rewards as per the Company’s policy.
    10. (4.10) that the Application is not meant for and does not in any manner permit the use thereof by Offeror as taxi service or use of vehicle through the Application as a public service vehicle or contract carriage or a stage carriage vehicle [as defined under the Motor Vehicles Act, 1988.
    11. (4.11) that the Licensor does not provide public or private transportation services, and the Licensor is not a transportation carrier. It is up to the Offeror to decide whether or not to offer a ride to an Offeree contacted through the Application, and it is upto the Offeree to decide whether or not to accept a ride from an Offeror contacted through the Application. Any decision to offer or avail a ride once such user is matched through the Application is a decision made in such user’s sole discretion. It is acknowledged by the End User that the Application offers information and a method to discover and connect the Offeror and the Offeree with each other, but does not intend to and does not provide transportation services or act in any manner as a transportation carrier, and has no responsibility or liability for any transportation services voluntarily provided to any Offeree by any Offeror using the Application. You agree that the Application only plays a transient role in providing a technological platform for connecting the End User with an Offeror or as the case may be an Offeree and as such, the Application is and continues to be an intermediary for the purposes of the information technology act, 2000.
    12. (4.12) that (i) the agreeing to the terms and conditions contained herein; (ii) discharging the obligations under this EULA and/or (iii) availing the services and benefits of the Application, by the End User, is not violating, and shall not breach/violate, contractual obligations under any contract executed by the End User with third party and/or applicable laws.
  • (5) RESTRICTION ON THE USE OF APPLICATION
    1. (5.1) The End-User acknowledges and agrees that the Application may collect, transmit or use the End-User’s location data.
    2. (5.2) The End-User further acknowledges and agrees that he shall not use the Application:
      • (i) in any manner that could damage, disable, overburden, or impair the Application or its features or interfere with any other party's use and enjoyment of them.
      • (ii) in any manner to violate, misappropriate or infringe any intellectual property owned by the Licensor or any third party.
      • (iii) for automatic or autonomous control, positioning or navigation of vehicles, aircraft or other mechanical devices; or for dispatch or fleet management; or emergency or life-saving purposes.
      • (iv) in any way that violates this EULA or laws of India.
  • (6) GEOGRAPHIC DATA AND INFORMATION AND MAPS
  • The Application may use maps and geographic data and information provided by third parties. In such a case, all copyright and other intellectual property in relation to the maps used in this Application shall be attributable to such third party providers. The use of the maps by the End-User through this Application shall be subject to the terms and conditions of such third party providers. Also, the End User hereby render its consent for the Application to identify the real time locations of the End User use the End User’s geographic data and information solely for the purposes of enabling the End User to avail the features and services offered through this Application.

  • (7) INTELLECTUAL PROPERTY RIGHTS
    1. (7.1) The End User agrees and acknowledges that this EULA merely grants the End-User to use the Application in the manner provided in this herein. The End-User agrees and acknowledges that this EULA does not transfer or assign to the End-User any ownership, copyright or any other intellectual, industrial and propriety rights on the Application, including but not limited to literary works, artistic works and sound recordings therein.
    2. (7.2) Without prior written permission of the Licensor, the End-User agrees not to, enable others to, or attempt to:
      • (i) copy, reproduce, decompile, reverse engineer, disassemble, or derive the source code of the Application or modify, decrypt, or create derivative works of the Application or any part thereof in any form or by any means and in case of violation agrees to indemnify the Licensor or third parties whose services, technology and features are integrated to the Application;
      • (ii) copy or reproduce the underlying ideas of the Application in any form or by any means;
      • (iii) copy, reproduce, adapt, or as the case may be, translate the literary work or the sound recording constituting part of the Application in any form or by any means (graphic, electronic or mechanical, including recording or information retrieval systems).
    3. (7.3) The End User agrees and acknowledges that in the event of any third party claim that may arise in relation to the Application or the End-User’s possession and/or in relation to infringement of that third party’s intellectual property rights, the app stores/market place providers (including Google Play Store and/or Apple Inc.'s App Store where applicable) shall not be responsible for the investigation, defense, settlement and discharge of any such claim. Investigation, defense, settlement and/or discharge of the said claim, if any, shall be carried out through such third party service providers.
    4. (7.4) The End User acknowledges that the Licensor, not app stores/market place providers (including Google Play Store and/or Apple Inc.'s App Store where applicable), shall be responsible for addressing, either by itself or through Service Providers, any claim of the End-User or any third party, relating to the Application or the End- User’s possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. However, the Licensor, the app stores/market place providers (including Google Play Store and/or Apple Inc.'s App Store where applicable) and / or the third party service providers shall not be responsible for any claim of the End-User or third party if the same is not genuine or arising out of negligence on the part of End-User or due to breach of the terms herein.
  • (8) PRODUCT WARRANTY
    1. (8.1) Subject to Clause 8.3, the Application is provided on an “AS IS BASIS”, without warranty of any kind. The Licensor disclaims all warranties, express, implied, statutory or otherwise (including but not limited to implied warranties of fitness for a particular purpose and merchantability) to the maximum extent permitted by applicable law.
    2. (8.2) Further, subject to Clause 8.3, the Licensor disclaims all liability for consequential, special, indirect, incidental or punitive damages whatsoever arising out of the use or inability to use the Application to the maximum extent permitted by applicable law.
    3. (8.3) In case of failure of the Licensed Application, the End-User may notify the app stores/market place providers, and app store/market place provider will refund to the End-User, the purchase price for the Application, and that to the maximum extent permitted by applicable law, the Licensor and app stores/market place providers shall not otherwise have any other warranty obligation whatsoever with respect to the Application .
  • (9) THIRD PARTY BENEFICIARY
  • The End-User and the Licensor acknowledge and agree that the app stores/market place providers (including Google, Google Play Store and/or Apple Inc. and its subsidiaries), are third party beneficiaries of this EULA, and that, upon the End-User’s acceptance of the terms and conditions herein, the aforesaid app store/market place providers will have the right to enforce this Agreement against him/her as a third party beneficiary hereof.

    The End-User acknowledges that the Licensor shall have the right to terminate or suspend the services or use of the Application by the End-User due to any change in terms and conditions of the iOS Developer Program License Agreement entered into between the Programmer and the Apple or if required to be done by the Apple or under the laws of India.

  • (10) OFFEROR’S WARRANTIES
    1. 10.1 The Offeror warrants:
      • (i) That the Offeror has, and shall continue to have, a valid driving license to drive a motor vehicle which he/she is offering to the pool. That such license shall be valid in the jurisdiction where he/she is offering the car pool;
      • (ii) That the car offered to the car pool is not, and shall not be, registered with any appropriate authority as stage carrier/ contract carrier or tourist vehicle or as a public service transportation vehicle,;
      • (iii) That the Offeror shall be solely responsible for any and all liability which may arise or alleged to have arisen from or due to the operation of the car offered to the pool, including, but not limited to death, personal injuries and loss and damage to the property;
      • (iv) That the Offeror shall be named or scheduled on the insurance policy covering the vehicle offered to the car pool at the time of offering the car pool to the Offeree. That the Offeror shall always maintain a valid policy of liability insurance, with coverage amount consistent with all applicable legal requirements, for the operation of the car offered to the pool to cover any anticipated losses;
      • (v) That in the event of an accident the Offeror will be solely responsible for compliance with all the applicable statutory requirements, and for all the coordination as may be required with the Offeror’s insurance provider;
      • (vi) That vehicle offered to the pool is in good operating condition and meets all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind and the Offeror has legal rights to drive the pooled vehicle;
      • (vii) That Offeror is not registered or enrolled or in any manner recorded in any private enterprise record or public record as a public/stage or contract carrier driver or operator or as a taxi driver;
      • (viii) That the Offeror shall not make any misrepresentation of any nature whatsoever to the Offeree;
      • (ix) That the Offeror shall always ensure that he/she is medically fit drive the car offered to the pool;
  • (11) END USERS COVENANTS:
    • (i) The Users agree that they will comply with agreed timings and reach the pickup point on time or keep the party informed in case of any delay or change.
    • (ii) The End User shall furnish correct and accurate information both at the time of installing the Application and while using the Application for the purposes contemplated herein.
    • (iii) The End User shall be solely responsible for maintaining the confidentiality of the username, passwords and other credentials created at the time of installing the Application and/or while using the Application.
    • (iv) The End User shall maintain the confidentiality of the personal information of the Offeror, or as the case may be, of the Offeree.
    • (v) The Offeror shall not deviate from the agreed route, unless under exceptional circumstances or with the consent of the other party;
    • (vi) Neither the Application nor the ride contemplated by virtue of this Application shall be used for any fraudulent, unlawful or criminal activity or in any manner which may be in violation of the applicable laws or mutual understanding between the Offeror and the Offeree.
  • (12) CONCLUSION OF THIS AGREEMENT
    • 11.1 The End-User acknowledges that the terms of this EULA has been concluded between the Licensor and him/her and not with Apple Inc. Google or Google Play Store.
    • 11.2 The End-User acknowledges that Apple Inc., Google or Google Play Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. Apple Inc., Google or Google Play Store is not responsible for the Application and the contents thereof.
  • (13) DISCLAIMERS
    • 13.1 Disclaimer with regard to use of real time route guidance feature (if applicable in the features)
      The End-User acknowledges and agrees that the use of real time route guidance and location map feature of the Application is at his own sole risk and the location data may not be accurate. The End-User acknowledges that the Application may not be appropriate or suitable for the purposes where errors or inaccuracy in the features of the Application, the content or information provided therein may cause any harm, loss or damage to the End-User or its property.
    • 13.2 General Disclaimers
      The Licensor disclaims all warranties, express or implied, statutory or otherwise, including but not limited to quality, accuracy, completeness, effectiveness, reliability, fitness of the content and the information for a particular purpose, usefulness, road conditions, route usability, expeditiousness to the maximum extent permitted by applicable law;
      Neither the Licensor nor the Service Providers shall be liable for any loss, damage or inconvenience caused to the End-User from any interruption in the features or functionality of the Application due to technical snag, system failure, network attacks scheduled or unscheduled maintenance or for reasons beyond control of the Licensor including but not limited to failure of the network provider, network incompatibility geographical location, and weather conditions.
      The Licensor shall not be liable to the End-User or any person claiming through him in respect of any claim, demand or action alleging any loss, injury or damage, direct or indirect, which may arise out of use of the Application.
      The End User acknowledges that the scope of the Application is limited to connecting the Offeror and the Offeree, and therefore, the Licensor shall not be liable for any breach of mutual understanding between the Offeror and the Offeree. The End User also acknowledges that the Licensor has no control over the Offeror or the Offeree and the Licensor is not responsible for carrying out any kind of background check. The End User therefore acknowledges and agrees that it shall not be liable for any kind of acts or omission or illegal activities carried out by the Offeror or the Offeree during, before or after the ride contemplated in the Application or for breach of the terms and conditions contained herein by either of them leading to loss or damage to the other party. All the coordination and mutual understanding regarding the ride (including the route, number of riders, the timings, pick and drop point) shall be the responsibility of the Offeror and the Offeree and have to be mutually settled between them. Notwithstanding anything contained herein, any breach by the Offeror or the Offeree shall have to be resolved between the Offeror and the Offeree and the Licensor shall not be party to such mutual understanding or the breach or any acts or omission by either of them whatsoever.
  • (14) INDEMNITY
  • The End-User agrees to indemnify and hold harmless the Licensor, its employees directors, agents or any other person representing, or acting on behalf of, the Licensor from and/or against any claims, actions, or demands, including without limitation legal and accounting costs, resulting from the use of the Application by the End-User in breach of the terms of this EULA.

    The End-User further agrees to indemnify and hold harmless the Licensor, its employees, directors, agents, Service Providers or any other person representing, or acting on behalf of the Licensor from all losses and/or damage caused to the Licensor, its employees, directors, agents, Service Providers or any other person representing, or acting on behalf of the Licensor resulting from the use of the Application by the End-User in breach of the terms of this EULA.

  • (15) SUSPENSION
  • The Licensor shall have the right to suspend partially or permanently the services provided under the Application if so directed by the app store/market place provider or if it is required to be done under the applicable laws.

  • (16) TERMINATION
  • This Agreement shall be valid unless terminated.

    The Licensor shall have the right to unilaterally terminate or suspend the End-User’s access to the Application, with or without warning, in an event of breach of any of the terms of this Agreement by the End-User. In an event of such termination, the fees paid for purchasing the license under this Agreement shall be non-refundable. Upon termination of the End-User’s access to the Application, this Agreement will be terminated simultaneously.

  • (17) GOVERNING LAW
  • This Agreement shall be governed by and interpreted in accordance with the laws of India.

  • (18) DISPUTE RESOLUTION
  • All the disputes arising out of this Agreement shall be subject to the jurisdiction of the Courts in New Delhi, India.

  • (19) MISCELLANEOUS
  • The End-User may direct any questions, complaints or claims relating to the Application at the following contact information.