Last Updated on April 27, 2018.
Roadies Rider User Agreement
THIS USER AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND ROADIES RIDER (BOTH TERMS DEFINED BELOW). THIS USER AGREEMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP AND TRANSACTION BETWEEN USER AND ROADIES RIDER FOR THE USE OF THE SERVICES OFFERED THROUGH WEBSITE (DEFINED BELOW).
This User Agreement on the website www.roadiesrider.com and mobile application under the name and style of “Roadies Rider” (the Website) is between Roadies Rider LLP (hereinafter referred to as “Roadies Rider” or “Company” or “We” or “Us” or “Our”) and the guest users or registered users of the Website (hereinafter referred to as “User” or “You” or “Your” or “Yourself” or “User”) describe the terms on which Roadies Rider offers You the access to the Website and such other services as are incidental and ancillary thereto (“Services”).
ROADIES RIDER RESERVES THE RIGHT TO CHANGE THE TERMS OF THIS USER AGREEMENT FROM TIME TO TIME AND SHALL GIVE NOTICE OF SUCH CHANGES TO THE USER IN A TIMELY MANNER. NOTICE TO THE USERS SHALL BE CONSIDERED GIVEN WHEN SUCH NOTICE IS INDICATED AND ACCESSIBLE FROM THE FIRST PAGE ACCESSED AFTER THE USER LOG-ON TO ROADIES RIDER WEBSITE, BY EMAIL TO THE USER’S EMAIL ADDRESS PROVIDED TO ROADIES RIDER IN THE USER’S ACCOUNT CREATION OR MOST RECENTLY PROVIDED TO ROADIES RIDER, OR BY SMS TO THE USER’S MOBILE NUMBER PROVIDED DURING THE ACCOUNT CREATION. USER AGREES THAT THE AMENDED TERMS AND CONDITIONS OF THIS AGREEMENT SHALL BE EFFECTIVE AND BINDING THE EARLIER OF (1) THE EFFECTIVE DATE INDICATED IN SUCH NOTICE; OR (2) ON THE DATE POSTED ON ROADIES RIDER’S WEBSITE.
IT WILL BE PRESUMED THAT USER HAS RECEIVED ANY SUCH NOTICE IF AND WHEN USER MAKES A RESERVATION FOR A ROADIES RIDER TWO WHEELER / VEHICLE AFTER NOTICE OF A CHANGE TO THIS AGREEMENT HAS BEEN PLACED ON ROADIES RIDER WEBSITE AND/OR DISTRIBUTED TO USER BY EMAIL OR SMS. BY MAKING A RESERVATION AFTER RECEIVING NOTICE OF ANY CHANGES TO THE AGREEMENT, USER ASSENTS TO AND WILL BE BOUND BY SUCH CHANGES TO THE AGREEMENT. USER MAY DECLINE SUCH CHANGES BY DISCONTINUING TRIPS UNDER ROADIES RIDER’S USER AGREEMENT.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT AND ANY OTHER DOCUMENT WITH RESPECT TO ROADIES RIDER’S OTHER PROGRAMMES, THESE TERMS AND CONDITIONS SHALL GOVERN EXCEPT OTHERWISE SET FORTH FROM ROADIES RIDER IN WRITING.
Roadies Rider LLP is a company incorporated under the laws of India, with its registered office at Malviya Nagar, Jaipur – 302017, India.
- Persons Permitted to Drive Vehicles:
2.1 Only active Roadies Rider User in good standing, as decided solely by Roadies Rider, is allowed to drive Roadies Rider vehicles. Non-User is expressly prohibited from driving a Roadies Rider vehicle at any time. User holding effective driving license,
2.2 Satisfying eligibility criteria required to become a Roadies Rider User does not automatically give an applicant the right to become a Roadies Rider User. Acceptance of the applicant’s Usership is subject to approval by Roadies Rider at its sole discretion.
- Prohibited Uses:
3.1 The use of a Roadies Rider vehicle under the following conditions is prohibited:
- a) any speed race or competition;
- c) for the primary business purpose of transporting people or operating a bike taxi service;
- d) by any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended. A zero-tolerance policy is adopted and a limit of 0.0% applies;
- e) in the carrying out of any crime or any other illegal activity;
- f) in an imprudent, negligent, or abusive manner or for any abnormal use of this vehicle;
- g) by any person who has provided Roadies Rider with false information or whose representations are determined to be false (including, without limitation, regarding his name, age, or address);
- h) driving a Roadies Rider vehicle outside of India or any prohibited areas within India;
- i) driving while using a mobile phone or any other mobile communication device in any manner whatsoever, including while sending an SMS, emailing, using a cell phone with or without a hands-free device, otherwise using a mobile communication device that may distract you from driving or otherwise engaging in similar activities that may be prohibited by applicable law;
- j) Using Roadies Rider vehicle to transport flammable, poisonous, or otherwise hazardous substances for other than legally permissible household use or in amounts greater than what is usually consumed in a household.
- k) Transporting objects with Roadies Rider vehicle that could – due to their size, shape, or weight adversely impact the vehicle’s handling safety or that could damage the interior of Roadies Rider vehicle or, by virtue of such object/s protruding outside, affect the safety of vehicles driving in the vicinity of Roadies Rider vehicle.
3.2 The foregoing examples are not intended to be an exhaustive list. Any unreasonable, unwarranted, illegal, unethical or inappropriate use of a Roadies Rider vehicle except the personal use for travel, as determined by Roadies Rider in its sole discretion, may be deemed a violation of these terms and conditions. Roadies Rider may report to the authorities any use of a Roadies Rider vehicle or other activities that are in violation of local, state, and/or national law or in violation of these terms and conditions.
3.3 Roadies Rider may immediately suspend or terminate the use of its Service by any User for a violation of any of the terms and conditions of User Agreement. Upon suspension or termination, any existing reservations for the User may be cancelled by Roadies Rider at its sole discretion. In addition, User will be absolutely responsible for any and all, losses, damages (direct/indirect), costs, charges, fees and expenses incurred by Roadies Rider, as a result of a breach of any of these terms and conditions and User unconditionally and irrevocably agrees that Roadies Rider reserves the right to pursue the remedial action to recover the losses/damages suffered by Roadies Rider from User’s property including but not limited to his/her legal heirs/representative’s properties.
- Reserving Roadies Rider Vehicles:
4.1 Reservation is required for all potential booking. User must always reserve a vehicle in advance of use and will be billed for usage fees at the time of reservation. User is required to fulfill the below mentioned conditions at the time of taking the possession of the Vehicle for scheduled ride/trip:
- a) User must carry the original driving license, which is being shared with Roadies Rider at the time of opening of account/booking of the ride with Roadies Rider. User must show the same to the representative of Roadies Rider available at location, where the possession of the Vehicle is supposed to be taken by User;
- b) User must carry and support Roadies Rider in capturing the image of any one out of following documents in original, as an additional document to be placed on records of Roadies Rider to justify his/her identity:
- i) EPIC (Electoral Photo Identity Biked), commonly known as Voter ID; or
- ii) Valid Passport; or
iii) Aadhaar card from Unique Identification Authority of India; or
- iv) Government Department (Including Public Sector Undertakings) Identity card; or
- v) Identity Biked of Tier -1/2 Universities, Colleges, Educational Institutions, which contains photo and address both.
- c) User must co-operate with the representative of Roadies Rider in taking a photo of Vehicle along with User, which is meant for safety of User and record purposes of Roadies Rider.
User shall be held solely responsible, if any of the above conditions are not being completed successfully at the time when possession of vehicle was supposed to be taken by User and Roadies Rider reserves the right not to handover the possession of Vehicle. Consequently, the booking will stand completed without any further onus of Roadies Rider to refund or return the booking amount.
4.2 If You wish to cancel a reservation or shorten the period for which a vehicle has been reserved, You must do so in advance, in pursuance of the Fee Policy.
4.3 If You wish to extend a reservation, You may do so only if following conditions are fulfilled:
- a) the online payment for the extension has been made and successfully receipt by Roadies Rider; and
- b) the Vehicle is available for use for the extension period (for example, it is not reserved by another User); and
- c) the request to extend is completed prior to the scheduled expiration time of Your existing reservation.
In case, any of the above conditions are missing after the expiry of the booking (initial or immediate prior) then You will be deemed to possess the vehicle without authorization and must hand over the Vehicle to Roadies Rider’s parking or its representative without fail/ delay. A delay beyond one hour from the expected handover time of vehicle or after the expiry of booking as the case may be, will be making You the guilty of breach of trust and Your involvement in theft of Vehicle would be presumed without any doubt.
4.4 In the event Your reservation is not extended successfully (even if You have put in a request for extending the reservation but which has not been confirmed or has been denied by Roadies Rider for any reason) and You do not return the bike to the correct and designated Roadies Rider space by the end time of Your reservation, Roadies Rider reserves the right to initiate the criminal proceedings against You and simultaneously will make all reasonable efforts to take possession of the vehicle from You immediately or any time thereafter, and at any location
For the avoidance of doubt,
- a) You will be charged late fee, inconvenience fee and any other charges applicable as per Our Fee Policy from the scheduled end time of Your booking till the time the vehicle is actually recovered by Roadies Rider,
- b) You will be charged any additional costs viz; legal attorney fees, consultants fees, travel costs, etc. incurred by Roadies Rider in taking possession of the vehicle from You, and
- c) You will not be provided any compensation or alternate means of transportation in such case and will not have the right to ride in Roadies Rider vehicle any more.You shall hold Roadies Rider, its officers, employees, agents and affiliates harmless against any claim in connection with the vehicle and/or its re-possession and shall irrevocably and unconditionally indemnify Roadies Rider against any cost, loss or liability suffered by Roadies Rider arising out of or in connection with any claim made by a third party against Roadies Rider in relation to the vehicle and/or its re-possession.
- Vehicle Pick-Up and Return/Vehicle Condition/Stolen Vehicles:
5.1 You must pick up the selected vehicle at its designated Roadies Rider parking space and return it secured, clean, and in good working order, to the correct and designated Roadies Rider space by no later than the end time of Your reservation. However, the handover of vehicle pursuant to your booking is subject to the the availability of vehicle. Further, Roadies Rider reserves the right to cancel any booking at its sole discretion with only consequence to return the fees collected at the time of creation of booking.
5.2 Prior to taking possession of a vehicle, You must do an exterior walk-around and an interior look-over. Before driving the vehicle, You must advise Roadies Rider of any damage or abnormality encountered on the vehicle or in the operation of the vehicle. If Roadies Rider is not notified of a problem at the start of a reservation, You will be deemed to be responsible for any problem with the vehicle discovered or reported after Your reservation, including, without limitation, damage to the vehicle or lack of cleanliness. You may be charged a damage fee, a cleaning fee, or other applicable fees, and Roadies Rider may suspend, or may even terminate Your reservation.
5.3 You must leave all the original documents including but not limited to registration certificate, insurance policy, tax payment challans, self-drive licenses, pollution clearance certificates, vehicle’s key, key fob, or other starting device to the vehicle in its designated position in the vehicle at the conclusion of Your reservation. You must advise Roadies Rider immediately if You fail to leave the original documents mentioned hereinabove, key/fob/starting device, parking pass, or toll payment pass (if applicable in the vehicle.) and this causes inconvenience to Roadies Rider or another User, You will be charged the hourly rate for the vehicle until the, original documents, key/key fob/starting device/parking pass/toll payment pass is returned safely to Roadies Rider and You will remain responsible for the payment of charges against the usage of the vehicle during such period. You may also be charged a fee at Roadies Rider’s sole discretion to replace any of the items missing from the vehicle.
5.4 The end of the trip is being confirmed by either a) specific completion of closing checklist at the end of trip; or b) an SMS message to Roadies Rider’s provided number to notify of such intent; or c) by unwarranted breakdown/accident of the vehicle.
5.5 Reserving User is responsible for all charges and costs incurred related to Roadies Rider vehicle for the entire period of the reservation and until the vehicle is returned, secured, closed, locked and serviceable (all accessories off, key out of ignition and in proper place, all windows, doors, hatches, sunroofs and other openings closed, toll payment pass and parking pass and other accessories in the vehicle) to its designated location. Roadies Rider vehicles must be returned no later than the end time of the reservation and the User scheduled trip/ride comes to an end automatically and will be governed as per the provisions of clause 4.3 above if extension is sought.
5.6 User is required to report to Roadies Rider immediately any condition that impairs the driving functionality of the vehicle, such as poor driving feel or external or internal damage that renders the vehicle unsafe, including but not limited to, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors and windshield glass.
5.7 Notwithstanding anything contrary contained under this policy, any damage caused to vehicle/Roadies Rider because of Your wilful misconduct or gross negligence, during such time when the vehicle is not in motion, will attract charges/fees as per the sole discretion of Roadies Rider.
5.8 Stolen vehicles or any accidental incidences must be immediately reported to Roadies Rider and the nearest police station with a detailed written complaint based on actual facts. User shall ensure that such complaint shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claim by Roadies Rider. The User will be solely liable without any demur, for any loss due to a discrepant, inconsistent or distorted complaint or information by the User.
- Securing Roadies Rider Vehicles:
7.1 Each time User parks a Roadies Rider Vehicle (either at the end of the reservation or during the reservation period), the User is responsible for securing the vehicle from external factors including human or general known adverse weather conditions.
- Fees And Eligible (Reimbursable) Expenses:
8.1 User is subject to Roadies Rider’s fees policy being mentioned on the website www.roadiesrider.com It entails the scenarios which covers all the fees including but not limited to rentals, excess kilometer driving charges, late fees, late charges, extensions fees, penalties or fines, if any etc.
8.2 An “Eligible Expense” is defined as;
(a) any fuel related expense, provided it reconciles reasonably with distance travelled; in pursuance of the standard industry mileage or Roadies Rider’s internal mileage standard; or
(b) an expense incurred by the User for minor (under INR 200) routine maintenance on Roadies Rider vehicles, such as light bulbs, or engine oil, etc. or (c) any expense in excess of INR 200 that is authorized in advance by a Roadies Rider Representative, via e-mail/sms/phone. If a User pays for an eligible expense, he or she must keep the invoice which is subject to fuel test more particularly mentioned in the Fee Policy, which conspicuously captures the date and time showing that it was incurred during the reservation period. The User must print his or her name on the receipt and give a physical original hard copy of the receipt to Roadies Rider vehicle attendant after his/her reservation. Roadies Rider will reimburse the User or credit the User’s account, post the verification of claim and corresponding invoices. No reimbursement or credit will be given without an invoice, or if the invoice is submitted later than 3(Three) days from the reservation date.
9.1 Roadies Rider will perform all necessary and required routine maintenance on all of its vehicles. However, User is responsible for the cleanliness of vehicle and is expected to assist in helping Roadies Rider to maintain the driving safety and performance of the vehicle, in particular during longer reservations or when the vehicle indicates that service or maintenance is required.
9.2 Vehicle may require Roadside Assistance from time to time. Roadies Rider makes reasonable best efforts to provide Roadside Assistance support in all cases. If, however, a User’s need for Roadside Assistance results from a breach of these Terms and Conditions, the User may be charged for the full costs of the towing, repair & maintenance.
9.3 Use of tobacco, cigarettes, cigars, and alcohol is absolutely prohibited on Roadies Rider vehicles. User is subject to additional fine if evidence of smoking, chewing, drinking or dipping is found on Roadies Rider vehicles or complained of by a User using the vehicle immediately following the User’s reservation.
9.4 Burning any substance is absolutely prohibited in Roadies Rider vehicles. This includes, but is not limited to tobacco, other drugs, and incense.
9.5 Pets are absolutely prohibited on Roadies Rider vehicles, except for those vehicles designated “pet friendly”. User is subject to additional fees, if evidence of pets is found in Roadies Rider vehicles or complained of by a User using the vehicle immediately following the User’s reservation.
- Breakdown or Incidents:
10.1 All breakdowns or incidents involving Roadies Rider vehicles must be reported to Roadies Rider immediately by phone to +91 95251 99900 and via email on firstname.lastname@example.org
10.2 Breakdown and Roadside Assistance. While using a vehicle, You must follow the Roadies Rider’s manual instructions, provided on the vehicle’s booking time. If a problem arises that prevents or limits the use of the vehicle or that may compromise people’s safety, User must immediately notify Roadies Rider on the above mentioned phone number/email id and follow Roadies Rider’s instructions. User may have to pay for towing, repairs, and other expenses in some circumstances.
10.3 Jump start. If you perform a jump start to Roadies Rider vehicle, You must inform Roadies Rider immediately by phone or through the email. You are fully responsible for any damage that may result from the improper use of bike body or other tools. It is strictly forbidden to provide a jump start to any vehicle other than a Roadies Rider vehicle.
10.4 Incident. In case of an incident involving property damage or any third party, the User must fill out an official police report form and, mandatorily provide a jointly agreed-upon statement, complete Roadies Rider’s incident report form, and obtain the following information:
- Date, time, and place of incident;
- The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate’s number (with name, address and phone number of the insurance agent);
- The names, addresses, and driver’s license numbers of the persons involved in the incident;
- The name, address, and driver’s license number of the owner of the vehicle (if he or she is not the driver);
- The name, addresses, and phone number of witnesses, passengers, and any other involved persons;
- Circumstances of the incident describing immediate surrounding environment and bike position prior to the incident; and
- A police report is required regardless of liability or fault. User shall specify in his/her detailed written complaint to the police the actual facts only. User shall ensure that such complaint shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claim by Roadies Rider. Any loss occasioned to Roadies Rider due to a discrepant, inconsistent or distorted complaint by a User shall be to the account of such User.
10.5 Investigation and procedure. User must provide to Roadies Rider and any other claims adjustment service with the findings of any report or any notice relating to a claim or a lawsuit against Roadies Rider regarding any incident involving a Roadies Rider vehicle. User agree to cooperate fully with Roadies Rider in the investigation and defense of any such claim or lawsuit. A User’s accounts will be suspended until the investigation has been concluded.
10.6 The User shall be responsible for the costs related to the repair, recovery, and loss of use of any Roadies Rider vehicle resulting from any of the foregoing, up to the current damage fee, as set forth in the Fee Policy / Rate Schedule (if such costs are because of the fault of the User or if the fault is not directly established to any other person/ entity, or where any cost is not paid / reimbursed by the insurer of Roadies Rider vehicles or the insurer of the other vehicle involved in the accident).
10.7 In case of any accidents/damages, any out of court settlement initiated or accomplished by Users with the third parties without written consent of Roadies Rider will be solely borne by the User.
- Traffic Violations:
11.1 You are responsible for any traffic violations incurred due to Your inappropriate use of a Roadies Rider vehicle. This includes, but is not limited to: unauthorised parking, excess speeding, breaking red light, photo enforcement, and toll violations. You are solely liable for all costs imposed due to any such violation during the concurrence of Your trip/ride/booking, including fines for late payment and any processing fees added by the respective regulatory authority. You must report such violations to a Roadies Rider representative, as soon as possible, within the prescribed timeline for the violation (for example, if the case is being taken to court). Roadies Rider will notify the User immediately by e-mail after it comes to know about any of such violation and User shall forthwith pay the relevant fine/s to the authority concerned and provide Roadies Rider with the proof of such payment, failing which Roadies Rider will pay those amounts and User shall reimburse the same to Roadies Rider at earliest. However, where User has personal knowledge of such violations, Roadies Rider will not be obligated to provide User with the notification as above, but User’s obligation to pay the relevant fine/s and notifying Roadies Rider of such compliance will continue as aforementioned.
11.2 You must notify Roadies Rider of any traffic violation notices found on a vehicle at the time of vehicle pick up.
11.3 You must not leave a vehicle in a zone which has parking restrictions. If You leave the vehicle in such a restricted zone, You must immediately notify Roadies Rider, and You will be responsible for any and all violation notices or towing charges incurred by Roadies Rider. Additionally, financial penalties will be levied against You for any inconvenience caused to other Roadies Rider User if the vehicle is unavailable for its scheduled reservation because of such parking violations as set out in the fee policy on the website i.e. www.roadiesrider.com
- Insurance and Liability:
12.1 USER DEDUCTIBLE OBLIGATION:
- IF USER IS IN FULL COMPLIANCE WITH THE TERMS AND CONDITIONS OF ROADIES RIDER’S POLICIES BEING MENTIONED AT WWW.ROADIESRIDER.COM, ROADIES RIDER LLP SHALL PROVIDE PRIMARY THIRD PARTY LIABILITY PROTECTION, WHICH WILL BE TO THE EXTENT OF CLAIMS / LIABILITIES COVERED BY ROADIES RIDER’S VEHICLE INSURER, ON ROADIES RIDER’S VEHICLES FOR ANY/ ALL CLAIMS AND/OR LIABILITIES ARISING DURING THE USE OR OPERATION OF THE VEHICLE BY THE USER. USER WILL BE RESPONSIBLE FOR ANY ASSOCIATED DEDUCTIBLE CHARGES DIRECTLY/INDIRECTLY PERSONALLY ATTRIBUTABLE TO THE USER’S DEFAULT OR OTHERWISE AS PER DISCRETION OF ROADIES RIDER.
- IF AT ANY TIME IT IS DETERMINED THAT LOSSES/CLAIMS MENTIONED HERE IN ABOVE WILL EXCEED THE INSURANCE COVERAGE TAKEN BY ROADIES RIDER, USER WILL BE RESPONSIBLE FOR ANY SUCH EXCESS CLAIMS/ LOSS/ DAMAGES.
12.2 ROADIES RIDER LLP IS NOT RESPONSIBLE FOR ANY DAMAGE TO, LOSS OR THEFT OF, ANY PERSONAL PROPERTY BELONGING TO USER OR CO-PASSENGER OR THIRD-PARTIES, REGARDLESS OF FAULT OR NEGLIGENCE.
12.3 LIABILITY PROTECTION APPLIES ONLY TO CLAIMS OF THIRD-PARTY BODILY INJURY, DEATH OR PROPERTY DAMAGE, OTHER THAN TO THE VEHICLE, ARISING FROM THE USE OF ROADIES RIDER VEHICLE AS PERMITTED BY THIS AGREEMENT AND APPLICABLE LAW. ANY SUCH PROTECTION EXCLUDES ANY CLAIM MADE BY USER OR CO-PASSANGER OR USER’S/CO-PASSANGER’S IMMEDIATE FAMILY USERS WHO PERMANENTLY LIVE WITH USER OR IS TRAVELLING WITH USER AT THE TIME OF INCIDENT. THIS OBLIGATION MAY BE LIMITED TO THE EXTENT ROADIES RIDER’S COVERAGE APPLIES. ROADIES RIDER SHALL NOT BE LIABLE TO USER/CO-PASSANGER FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING FROM OR RELATED TO ROADIES RIDER VEHICLE, ITS USE, OR THIS AGREEMENT.
12.4 USER INCLUDING BUT NOT LIMITED TO HIS/HER PROPERTIES, LEGAL HEIRS ETC; (IN CASE OF HIS/HER ABSENCE) INDEMNIFIES AND HOLDS ROADIES RIDER, ITS PARENT COMPANY AND AFFILIATES AND HIS/HER RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, ATTORNEYS, ASSIGNS AND SUCCESSORS-IN-INTEREST, HARMLESS WITHOUT DEMUR FOR ALL LOSSES, LIABILITIES, DAMAGES, INJURIES, CLAIMS, DEMANDS, COSTS, ATTORNEY FEES, BUSINESS LOSS AND OTHER EXPENSES INCURRED BY ROADIES RIDER (A “LOSS”) ARISING FROM: (1) THE USE OR POSSESSION OF ROADIES RIDER VEHICLE BY THE USER AND (2) THE USER’S NON-COMPLIANCE WITH THIS AGREEMENT.
12.5 USER INCLUDING BUT NOT LIMITED TO HIS/HER LEGAL HEIRS/ REPRSENTATIVES/ GAURDIANS SHALL HAVE FINAL RESPONSIBILITY TO ROADIES RIDER FOR ALL SUCH LOSSES.
12.6 This Agreement is intended for the benefit of User and Roadies Rider and no other party may claim rights hereunder, whether as a third-party beneficiary or otherwise. UNDER NO CIRCUMSTANCES WILL ROADIES RIDER BE LIABLE TO ANY THIRD-PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR USE OF ROADIES RIDER VEHICLES AND AVAILING OF SERVICE BY USER.
- Data Protection:
13.1 Roadies Rider captures, stores, processes and uses the User’s Personal data, including, but not limited to, name, e-mail id, internet protocol address, copy of driving license and any other additional address cum identity proof, image of the customer, the usage and vehicle data as they relate to the User, to the extent this is necessary for the administration and implementation of this Agreement and the User’s use of Roadies Rider’s vehicle.
13.2 Should third-party services be used, Roadies Rider is entitled to forward to the third-party service provider the User’s Personal data, to the extent this is required in order to fulfil the objectives of Roadies Rider.
13.3 Roadies Rider is entitled to provide User’s Personal data to third-parties for the purposes of providing individualized offers, Services, and other customized information to Users.
13.4 Roadies Rider shall implement and maintain reasonable procedures for protecting sensitive personal information in compliance with applicable law.
13.5 Roadies Rider shall be entitled to disclose information of the User to Roadies Rider’s parent company and to all companies controlled by Roadies Rider or any of its affiliates and to any government body as required by the law/ or by directive/ or request from any government body or to any third party deemed fit and proper by Roadies Rider, in its absolute discretion.
- Arbitration & Jurisdiction for Disputes:
14.1 Any Dispute, controversy or claims by or between, Roadies Rider and User, hereto arising out of or relating to or in connection with terms and conditions of this User Agreement or transactions contemplated on Website, or the breach, termination, validity of any term under this agreement shall be finally settled by ‘Arbitration’ in accordance with the Indian Arbitration and Conciliation Act, 1996. There shall be a sole arbitrator, who shall be appointed by Roadies Rider. Any arbitration proceedings or award rendered hereunder and the validity, effect and interpretation of this agreement to arbitrate shall be governed by the Laws of India. The arbitration proceedings shall be conducted in Jaipur, and the award shall be rendered in the Hindi/English Language. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
14.2 (a) Subject to sub-clause (b) the User irrevocably agree that the courts in Bangalore are to have exclusive jurisdiction for the purpose of hearing and determining any litigation, suit, action or proceedings and/or to settle any disputes arising out of or in any way relating to this Agreement or its formation or validity (“Proceedings”) and for the purpose of enforcement of any judgment against its property or assets
(b) Nothing in this clause shall (or shall be construed so as to) limit the right of Roadies Rider to initiate proceedings against any of its Users in accordance with mandates contained in Section 20 of the Civil Procedure Code, 1908.
(c) Notwithstanding anything contained in the foregoing sub clauses, the jurisdiction in relation to criminal proceedings shall be governed in accordance with the provisions contained in Chapter XIII of the Code of Criminal Procedure, 1973. ”
14.3 User agrees to pay Roadies Rider’s reasonable attorneys’ fees and costs in any legal proceeding relating to this Agreement, including appeals, where the respective court or forum pronounces the order in favour of Roadies Rider.
14.4 User must not aid or encourage the filing of any third-party claim or lawsuit against Roadies Rider, and User must cooperate fully with Roadies Rider and Roadies Rider’s insurer in the investigation and defense of any claim or lawsuit. In any proceeding involving the User and Roadies Rider as co-defendants should Roadies Rider determine in its sole discretion that the User’s independent attorney has not aligned his defense similar to that of Roadies Rider, Roadies Rider shall be entitled to call upon the User to change his attorney to one advised by Roadies Rider and the User shall accordingly change his attorney at his own cost.
14.5 User must immediately notify and deliver to Roadies Rider every summons, complaint, document, or notice of any kind received by User in any way relating to an accident, theft, or other circumstances related to Roadies Rider vehicle.
- Severability and Integrated Agreement:
If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. The Parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision. This Agreement, together with the User Guide, Trip Process, User Application, Fee Policy / Rate Schedule, and any applicable consent forms, along with any amendments hereto, encompasses the entire agreement between User and Roadies Rider, and supersedes all previous understandings and agreements between User and Roadies Rider. User acknowledges and represents that he or she has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement.
- No Waiver:
No term contained in this Agreement may be changed or waived, except in writing signed by an expressly authorized representative of Roadies Rider. No waiver of default by User/ You under any of the Terms or Conditions of this Agreement shall be construed as a waiver of any prior or subsequent default of any of the Terms or Conditions of this Agreement.
- Assignment or Transfer:
The rights granted to the User under this Agreement are not assignable or transferable, in whole or part. Any attempt to transfer this Agreement without the written consent of Roadies Rider shall be void and of no force and effect. Roadies Rider reserves the right and can at its absolute discretion can assign the rights and obligations under this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
- No Agency:
User will never be deemed to be Roadies Rider’s agent, servant, or employee in any manner for any purpose whatsoever.
- Terms & Termination:
19.1 This User Agreement shall continue to apply until terminated by either You or Roadies Rider as set forth below. If You want to terminate Your agreement with Roadies Rider, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where Roadies Rider has made this option available to You.
19.2 You agree that Roadies Rider may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Roadies Rider determines that You have violated the terms & conditions of this User Agreement any other Policy(s) of the Website. You also agree that any violation by You of the Agreement(s) will cause irreparable harm to Roadies Rider, for which monetary damages may be inadequate, and You consent to Roadies Rider obtaining any injunctive or equitable relief that Roadies Rider deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies which Roadies Rider may have at law or in equity.
19.3 Roadies Rider may, at any time, with or without notice, terminate these terms of the User Agreement with You if:
- Roadies Rider is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
- The provision of the Services to You by Roadies Rider is, in Roadies Rider’ s sole discretion, no longer commercially viable;
- Roadies Rider has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
- In the event Roadies Rider faces any unexpected technical issues or problems that prevent the Website and / or Services from working.
19.4 Roadies Rider may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, Registration Number, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.
19.5 You agree that all terminations shall be made in Roadies Rider’s sole discretion and that Roadies Rider shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
19.6 Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Roadies Rider chooses to terminate them.
- Force Majeure:
If performance of any Service or obligation under the terms and conditions of this User Agreement or any other provisions of the policies of the Website, or other third parties in fulfilment of transaction (for e.g. home deliveries of vehicles, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable commercial control of Roadies Rider or its third parties performing such services as sub-contractor to Roadies Rider and could not have been prevented by reasonable precautions (each, a “Force Majeure Event”), then Roadies Rider shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Roadies Rider shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
When You use the Website or send emails or other data, information or communication to Roadies Rider, You agree and understand that You are communicating with Roadies Rider through electronic records and You consent to receive communications via electronic records from Roadies Rider periodically and as and when required. Roadies Rider will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law, It is further clarified that You can also use the customer support e-mail, facebook page and twitter handle of Roadies Rider to share your words of appreciation pertaining to ride only.
- Feedback and Information:
22.1 Any feedback You provide to Roadies Rider shall be deemed to be non-confidential. Roadies Rider reserves the right to use such information without any restriction. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of anybody including you and third parties; (ii) Roadies Rider is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Roadies Rider may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Roadies Rider for the feedback under any circumstances.
22.2 To clarify, Roadies Rider may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however Roadies Rider shall not be obliged to do so. Further, in the event that Roadies Rider makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to Roadies Rider, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.
- Provisions for Traveller of Chauffeur Driven Vehicles:
23.1 Any issues of the Team, which attributes and directly relates to the personality of an individual including but not limited to behaviour, actions, voices, conduct, negligence etc., are not responsibility of Roadies Rider in any case.
23.2 Roadies Rider or Team on duty has the right to refuse the service in the following circumstances: a) if the traveller is found to be in an intoxicated state or is found misbehaving with other passengers or the Team, or is causing a nuisance; b) if the traveller is misusing, soiling or damaging any of the devices (technical/non-technical) of Roadies Rider’ s vehicle.
23.3 If any traveller misses his/her next scheduled programmes viz next journey via train/ flight/bus, conference, functions, meetings, festivals etc; Roadies Rider will not be liable for any compensation.
23.4 If the traveller has any complaints in respect of the services or the conduct of the driver, the traveller has to inform Roadies Rider about the same in writing during the continuation of ride/trip.
23.5 Roadies Rider declares that traveller opting for chauffeur driven vehicles must not drive the vehicle booked by traveller and consequently provisions of sections 2.1, 2.3, 2.4, 4.1 (a) & (c), 5.1, 5,2, 5.3, 5.5, 5.6, 8.2 and 10 of this User Agreement would not be applicable to such traveller. It is further clarified that all other provision of this User Agreement will be applicable to traveller mutatis-mutandis.
In case of any dispute Roadies Rider’s decision shall be final
- On The Pickup Time customer need to submit one original document as security purpose if customer don’t want to submit his/her original document booking will be cancelled and no refund made for such cancellations.
- There is a minimum billing of 8 hrs (except Harley Davidson) on weekdays and 24 hours on weekends applicable on all bookings.