RideBoom Legal India Terms and Conditions

RideBoom Legal

INDIA Terms of Use

Effective: November 8, 2019

 

  1. Contractual Relationship

These Terms of Use (“Terms”) govern your access or use, from within the INDIA and its territories and possessions, of the applications, websites, content, products, and services (the “Services,” as more fully defined below in Section 3) made available in the INDIA and its territories and possessions by RideBoom INDIA, LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “RideBoom”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND RIDEBOOM. In these Terms, the words “including” and “include” mean “including, but not limited to.”

 

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. RideBoom may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.

 

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH RIDEBOOM ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

 

Supplemental terms may apply to certain Services, such as policies for an event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on RideBoom.com/India) or in connection with the applicable Service(s). Supplemental terms are in addition to and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

 

RideBoom may amend the Terms from time to time. Amendments will be effective upon RideBoom’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If RideBoom changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing RideBoom written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o RideBoom INDIA address , (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account. By rejecting changes, you agree that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).

 

  1. Arbitration Agreement

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against RideBoom on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against RideBoom, and preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against RideBoom by someone else.

 

Agreement to Binding Arbitration Between You and RideBoom.

You and RideBoom agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and RideBoom, and not in a court of law.

 

You acknowledge and agree that you and RideBoom are each participate the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and RideBoom otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and RideBoom each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

 

Rules and Governing Law.

The arbitration will be administered by the Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by RideBoom and You. The place of the arbitration shall be Chandigarh INDIA unless otherwise mutually agreed by RideBoom and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Chandigarh INDIA.

Process.

These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of RideBoom. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules.

Location and Procedure.

Unless you and RideBoom otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely based on documents you and RideBoom submit to the Arbitrator unless you request a hearing, or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Rules. Subject to the arbitration Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

 

Arbitrator’s Decision.

The Arbitrator will render an award within the time frame specified in the Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. RideBoom will not seek, and hereby waives all rights RideBoom may have under applicable law to recover, attorneys’ fees and expenses if RideBoom prevails in arbitration.

 

Fees.

Your responsibility to pay any filing, administrative and arbitrator fees will be as set forth in the Rules and each party will pay their own fee.

 

Changes.

Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if RideBoom changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing RideBoom written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o RideBoom INDIA, LLC (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: contact_IN@RideBoom.com. The notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you agree that you will arbitrate any dispute between you and RideBoom in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

 

Severability and Survival.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must, therefore, proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration.

 

  1. 3. The Services

The Services comprise mobile applications and related services (each, an “Application”), which enable users to arrange and schedule transportation, logistics and/or delivery services and/or to purchase certain goods, including with third-party providers of such services and goods under agreement with RideBoom or certain of RideBoom’s affiliates (“Third Party Providers”). In certain instances, the Services may also include an option to receive transportation, logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third-Party Providers. Unless otherwise agreed by RideBoom in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH RIDEBOOM AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.

 

License.

Subject to your compliance with these Terms, RideBoom grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by RideBoom.

 

Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by RideBoom; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

Provision of the Services.

You acknowledge that portions of the Services may be made available under RideBoom’s various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “RideBoom,” “RB Eco,” “RB Best,” “RB LUX,” “RB AID,” “RB SUV” and “RB VAN” and the parcel request products currently referred to as “RB DELIVERY,”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Ride Boom’s subsidiaries and affiliates; or (ii) independent Third-Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.

 

Third Party Services and Content.

The Services may be made available or accessed in connection with third-party services and content (including advertising) that RideBoom does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. RideBoom does not endorse such third-party services and content and in no event shall RideBoom be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

 

Ownership.

The Services and all rights therein are and shall remain RideBoom’s property or the property of RideBoom’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner RideBoom’s company names, logos, product and service names, trademarks or services marks or those of RideBoom’s licensors.

 

  1. Access and Use of the Services

DEFINITIONS

  1. “Service User,” “you,” “yours” means a person who has signed up and is registered with the RideBoom for the use of the Service.
  2. “Driver,” “you,” “yours” means the person who is registered with the RideBoom as Driver for providing transportation services to the Service Users using the RideBoom App.
  3. “Vehicle” means a vehicle that is owned licensed for use by a Driver to provide the ride to the Service User.

 

  1. “Service” means the use of the Application to secure collection, travel and set down at a given destination nominated by the Service User to a Driver and vehicle dispatched by the Application.
  2. “Application (or App)” is the software, delivery platform, and network, owned and operated by RideBoom for the dispatch of the ground transportation services to the Service User
  3. “Company,” “we,” “our,” “ours” is RIDEBOOM INDIA PRIVATE LTD.

 

CHILDREN BELOW 18 YEARS OF AGE

  1. A RideBoom Service User and Driver conditions specify that children below the age of 18 years are strictly not eligible for applying for service registration nor can they be lawfully registered as a Driver. The registration is not directed towards children under 18; they are not allowed to register with us or provide personal data. Persons of all age are eligible to use the services provided by our drivers.
  2. We do not knowingly collect personal information from anyone under the age of 18. If we discover that we have collected personal information from a child under 18, we will delete that information immediately

 

Text Messaging and Telephone Calls.

You agree that RideBoom may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a RideBoom account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from RideBoom at any time, either by texting the word “STOP” from the mobile device that is receiving the messages or by contacting help.RideBoom.com. If you do not choose to opt out, RideBoom may contact you as outlined in its User Privacy Statement, located at www.RideBoom.com/inida/legal-terms .

 

Referrals and Promotional Codes.

RideBoom may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future Services and/or a Third-Party Provider’s services, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that RideBoom establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by RideBoom; (iii) may be disabled by RideBoom at any time for any reason without liability to RideBoom; (iv) may only be used pursuant to the specific terms that RideBoom establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. RideBoom reserves the right to withhold or deduct credits or other features or benefits obtained using the referral system or Promo Codes by you or any other user in the event that RideBoom determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of RideBoom’s Terms.

 

INFORMATION WE COLLECT ABOUT YOU

  1. We collect your personal information when you (Driver, Service User or visitors) provide it to become a member of RideBoom to avail our services.
  2. You may also choose to provide us with additional information to enable us to improve and expand our service to you such as special requirements for rides.
  3. This additional information is only collected and/or used as necessary in order to provide you with specific additional ride arrangements.
  4. Collection and use of Driver information:

RideBoom and its Affiliates may collect personal data from Driver (Third Party Transport Provider) during the course of Driver’s sign-up for, and use of, the RideBoom Services, including location data, which information may be stored, processed, and accessed by RideBoom and its affiliates for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with RideBoom and its affiliates’ legitimate business needs. The Driver expressly consents to such collection and use of personal data.

We collect your personal information when you provide such information to become a Driver member or a partner member of RideBoom during completion of your registration.

WE MAY COLLECT AND PROCESS THE FOLLOWING DATA ABOUT YOU

 

SERVICE USERS & DRIVERS

  1. Registration and payment details
  2. Rating information (where other RideBoom Drivers and Service Users are able to rate each other, only to the extent of behaviour and temperament as a law-abiding and fare-paying passenger and driver);
  3. Where you choose to use RideBoom social networking features or pages (including our Facebook pages and Twitter accounts), such information that you post or about yourself;
  4. Location data, including your journey start and end points and the route, took the normal location of operation, number of jobs and the like.

VISITORS

  1. Cookies information;
  2. Other data that you choose to provide to us;

FOR ALL

  1. If you contact us, we may keep a record of that correspondence;
  2. Details about the device you use to access RideBoom, which may include your IP address or other unique device identifiers;
  3. Cookies information;
  4. Any other information provided by you pursuant to your use of RideBoom.

COOKIES

  1. When you visit our website, details are recorded about your visits, such as time and date, your server address, pages accessed, time spent and type of browser. This information is used in an anonymous form for statistical purposes and as such cannot identify you individually.
  2. We use Cookies to identify your browser so that next time you visit our website, we remember your log in details. A cookie is a small file which remains on your computer and contains information enabling our website to recognize your browser. If you do not wish to use cookies, you can adjust the settings on your browser to reject cookies or notify you when they are being used.
  3. We collect your email address when you request to be added to our mailing list to receive updated information about additional services, promotions, etc. You can unsubscribe at any time. In order to enter you into our mailing list, we do not require you to provide any information to us apart from an email address.

STORAGE AND SECURITY OF PERSONAL INFORMATION

  1. RideBoom does not store any Service User, Driver or visitor credit card details on its servers. RideBoom ensures your credit card information (if required for registration purposes) provided during registration is on-passed to a third-party accredited payment processing company. This company ensures all transactional details of the credit card are transmitted over secure lines using the encrypted software. They use a mechanism widely used by the e-commerce communities to transfer sensitive data over the Internet called Secure Sockets Layer (SSL). SSL is a protocol that provides communications privacy, authentication, and message integrity and prevents eavesdropping, tampering or message forgery by encrypting data.
  2. RideBoom takes all reasonable steps to protect the personal information it holds from misuse and loss and from unauthorized access, modification, and disclosure. This includes the use of access control via unique user passwords.
  3. RideBoom will not be responsible for any access or change made to your personal information occurring as a result of you disclosing your password to a third party, or through any unauthorized access.
  4. You can also help us keep your personal information secure by ensuring that any password you use on our website is kept strictly confidential, and by logging off when you have finished using a shared computer.

WE USE YOUR INFORMATION IN THE FOLLOWING WAYS

  1. Your personal information will only be used or disclosed as is necessary to provide you with the services available through the website offered by us or the organizations identified there, for administrative purposes (including fraud and security checks) and to assist us to improve our website, mobile platform and services, and to provide you with information and offers relevant to our dealings with you. You may opt-out of the receipt of any such offers at any time by submitting a request through our feedback form, or through the methods described in any emails we may send you;
  2. To provide the RideBoom services to you including processing any bookings and payments;
  3. Your contact details may be used to notify you about changes to RideBoom or respond to any communication or request from you;
  4. Unless you have told us that you do not want to receive marketing communications, those of third parties which we think may be of interest to you. This may also include marketing communications on social media platforms (including Facebook) used by you. You can ask us to stop sending you marketing communications by emailing us;
  5. To monitor the use of RideBoom;
  6. To investigate any complaints or potential breaches of the service;
  7. For debt tracing, debt recovery, credit management and crime, fraud and money laundering detection and prevention;
  8. Where you are a Driver, to provide you and other Drivers with relevant reports including aggregate information based on other Drivers’ operation and financial performance (although please note that this information will always be aggregate, anonymous, statistical information and will never identify you to any other Drivers individually).
  9. You accept that not all recipients of your information may have privacy policies or be subject to privacy laws equivalent to RideBoom’s and consent to the disclosure of your personal information for that purpose.
  10. Where you send us an email, use our feedback form, or enter into an interactive chat with us in relation to your matters as a Driver, Service User or visitor, we may record this information to improve our service and assist you with any requests. This information will not be disclosed to any third party, except as required to provide you with the services you request.
  11. RideBoom will not, without your prior consent, disclose personal information for any purpose other than those purposes described in this Privacy Policy to which you have already consented.
  12. We may disclose your personal information where required or authorized by law to do so.

USING AND DISCLOSING YOUR PERSONAL information

  1. Your personal information will only be used or disclosed as is necessary to provide you with the goods and services available through the website or mobile platform offered by us or the organizations identified there, for administrative purposes (including fraud and security checks) and to assist us to improve our website and services, and to provide you with information and offers relevant to our services.
  2. You may opt-out of the receipt of any such offers at any time by submitting a request through our feedback form, or through the methods described in any e-mails, we may send you.
  3. Your personal information is securely accessed by staff in our Customer Service Centres.
  4. We will disclose personal information as required by the providers of the services you have obtained.
  5. You accept that not all recipients of your information may have privacy policies or be subject to privacy laws equivalent to RideBoom’s and consent to the disclosure of your personal information for that purpose.
  6. Where you send us an email, use our feedback form, or enter into an interactive chat with us, we may record this information to improve our service and assist you with any requests. This information will not be disclosed to any third party, except as required to provide you with the products and services you request.
  7. Wherever it is lawful and practicable, RideBoom will Endeavor to provide you with the option of not identifying yourself or not providing personal information when entering transactions with us. However, failure to provide full and complete information we request may mean that we are unable to provide our services to you.
  8. RideBoom will not, without your prior consent, disclose personal information for any purpose other than those purposes described in this Privacy Policy to which you have already consented.
  9. We may disclose your personal information where required or authorized by law to do so.

INFORMATION WHICH WE MAY SHARE WITH THIRD PARTIES

  1. Disclosure of Information to Third Parties:

Subject to all applicable laws, RideBoom may provide to a third party any information (including personal data and any RideBoom data) about you, hereunder if:

  1. There is a complaint, dispute or conflict, including an accident, between Driver, on the one hand, and a Service User, on the other hand;
  2. It is necessary to enforce the Terms and Conditions of the Agreement;

iii.            It is required, in RideBoom or any affiliate’s sole discretion, by applicable law (e.g., RideBoom receives a subpoena or warrant for information); or

  1. It is necessary due to any reasonable circumstances prevailing requiring such disclosure of information.
  2. We never disclose information to anyone (except pursuant to a court order or otherwise where required by law).
  3. We only disclose your information in under mentioned situations:
  4. To any suppliers and subcontractors (including payment providers) in order to fulfil the service;
  5. If we (or a part of our business) are acquired by a third party, Your Information may be one of the transferred assets;
  6. To credit reference agencies and/or fraud detection and prevention agencies;
  7. To any relevant public authority or law enforcement agency, including for example where we suspect you have committed a criminal offense or we suspect fraud where required by law, regulation or legal proceedings;
  8. In order to enforce or apply the Service Users Terms and Conditions or any other agreement to which you and we are a party, as applicable;
  9. Unless you have told us that you do not want to receive marketing communications, to third parties engaged by us to provide you with marketing communications about our services. This may also include social media platforms (including Facebook) where we provide limited information about our users (e.g., their email address) to the social media platform so they can provide to us an anonymous demographic profile of our users with profiles on that platform to inform our targeted marketing activities on that platform; and
  10. To third parties from whom you have chosen to receive marketing information.
  11. You should take care when using any RideBoom social networking features since the information you choose to make available can be seen by other users in the selected group. We do not monitor the use of such features in the normal course of business although we reserve the right to do so at our discretion.
  12. We will ensure any data export is undertaken in accordance with relevant data protection laws and take all steps reasonably necessary to ensure that Your Information is treated securely and in accordance with this privacy policy.

TRANS-BORDER DATA FLOWS AND THIRD-PARTY WEBSITES

  1. Where it is required to provide service that you have requested, we will disclose your personal information to third parties which may be interstate or overseas. You accept that these third parties may not have in place equivalent privacy policies or be subject to equivalent privacy laws as RideBoom.
  2. This website and third-party websites contain several links to other websites, including the websites of our commercial partners. If you use those links to access those websites, be sure to check their Privacy Policy as we are not responsible for privacy policies or practices of other websites.

ACCESSING, CHANGING AND DELETING YOUR PERSONAL INFORMATION

  1. Your personal information that RideBoom holds is accessible by RideBoom and you with your password or to any other person to whom you disclose your password. You may make changes to your personal information, if you wish, at any time. RideBoom relies on the information you provide us and may collect personal information about you from other sources if required to serve you.
  2. RideBoom will retain your information in order to allow you to use our services via our mobile platform and Website until you request that we delete it from our database. In order to request that your personal information is removed from our database, please send your request to us via email. If this occurs, we will no longer be able to provide you with the services or customer support.

HOW DO WE PROTECT YOUR INFORMATION?

  1. All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Service, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
  2. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect Your Information, we cannot guarantee the security of data transmitted to the Service; any transmission is at your own risk. Once we have received Your Information, we will use strict procedures and security features to try to prevent unauthorized access.

ACCESS TO YOUR INFORMATION AND CORRECTIONS

  1. You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all such information, please contact us.
  2. You may ask us to correct or remove information you think is inaccurate by contacting us. We hope you will be happy with the way we handle your information but if not you have the right to complain, and we will take measures to correct matters.

COMPLAINTS RESOLUTION

  1. RideBoom is committed to providing customers with a fair and responsible system for the handling of customer complaints.
  2. If at any time you have any concerns or complaints

 

All Charges and payments will be enabled by RideBoom using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that RideBoom may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable unless otherwise determined by RideBoom.

 

 

Repair, Cleaning or Lost and Found Fees.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from the use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). If a Repair or Cleaning request is verified by RideBoom in RideBoom’s reasonable discretion, RideBoom reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by RideBoom to a Third-Party Provider, if applicable, and are non-refundable.

 

DISPUTE RESOLUTION

  1. The Service User, Driver, and Company agree that any dispute, claim or controversy arising out of or relating to this policy will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
  2. The Service User and Driver and visitors acknowledge and agree that they and the Company are each waiving the right to a trial by jury. The disputes need to be solved through arbitration.
  3. You expressly waive the rights to join with other parties in bringing any “class action” whatsoever against RideBoom. This clause may be used by RideBoom to defend and disallow such “class action fully.” In the event, such class action is pursued RideBoom shall be entitled to a payment of a defense bond of US$ 50Million to be paid to us upfront before RideBoom takes steps to deal with such matters required for the defense.
  4. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RIDEBOOM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, RIDEBOOM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. RIDEBOOM DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

LIMITATION OF LIABILITY.

RIDEBOOM SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF RIDEBOOM, EVEN IF RIDEBOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

RIDEBOOM SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF RIDEBOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RIDEBOOM SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND RIDEBOOM’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

 

THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT RIDEBOOM HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

 

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RIDEBOOM’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON RIDEBOOM’S CHOICE OF LAW PROVISION SET FORTH BELOW.

 

Indemnity.

You agree to indemnify and hold RideBoom and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) RideBoom’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

 

 

Notice.

RideBoom may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to RideBoom, with such notice deemed given when received by RideBoom, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o RideBoom INDIA, The name and current contact information for the registered agent in each state are available online here.

 

General.

You may not assign these Terms without RideBoom’s prior written approval. RideBoom may assign these Terms without your consent to (i) a subsidiary or affiliate; (ii) an acquirer of RideBoom’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, RideBoom or any Third-Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced fully under the law. RideBoom’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RideBoom in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.