Rider T&C - RideBoom

RIDER (SERVICE USER) TERMS AND CONDITIONS

(RideBoom INDIA)

RIDEBOOM INDIA PRIVATE LIMITED is wholly owned by its Australian holding company RIDEBOOM TECHNOLOGIES PTY LTD and got an operating license from IP holding company. or “We” or “Us” or “Our”) is an international technology service platform, Email – Contact_IN@rideboom.com.

The Holding Company owns the RideBoom App which matches the request of registered passengers to professional drivers.

This Site/ Application/ Services is/are operated /provided in India operating company RideBoom India Private Limited.

These terms and conditions (“User Terms”) apply to Your visit to and use, of the Site whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to you on or through the Site, the Service and the Application. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, you are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If you do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND RIDEBOOM IN RESPECT OF THE USE AND SERVICES OF THE SITE.

For the avoidance of doubt, the Company (Rideboom India Private ltd) neither owns vehicles nor does employ any drivers. RideBoom is a Technology Company providing a platform which creates a bridge between RideBoom registered passengers and drivers.

For the use of RideBoom App, the passengers and drivers are required to comply with the applicable terms and conditions and privacy policy.

DEFINITIONS

“Service User”, “You”, “Yours“means a person who has signed up and is registered with the RideBoom for the use of the Service.
“Driver” means the person who is registered with the RideBoom as Driver for the purpose of providing transportation services to the Service Users using the RideBoom App
“Vehicle” means a vehicle that is owned and commercially licensed for use by a Driver to provide the ride to the Service User.
“Account” shall mean the account created by the Customer on the Application for availing the Services provided by RideBoom.
“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
“Additional Fee” shall mean any toll duty, inter-state taxes, etc. as may not be included in the Fare or not already paid as a part of the Total Ride Fee but payable to any third party/ government authorities for undertaking the Ride under Applicable Law
“Cancellation Fee” shall mean the Fare and Convenience Fee payable towards cancellation of a Ride by a Customer under the cancelation T&C.
“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.
“City of Operation” shall mean a city in which the Customers and TPSPs avail and render the transportation services respectively. For clarity, the services rendered by the TPSPs and availed by the Customers shall be in the same city.
“Driver” shall mean and include such individuals as may be evaluated, appointed and trained by an operator associated with us to provide the transportation services on its behalf and persons who are registered with RideBoom and own the Vehicles and who have necessary city taxi permits and other applicable transport vehicle permits and licenses to provide transportation services within the City of Operation.
“E-Wallet” shall mean a pre-paid instrument, which can be used to make payments.
“Fare” shall mean such amount in Indian Rupees, which is reflected in the Application, as the fare payable for the specific Ride performed by a Driver. The Fare shall be exclusive of all applicable taxes on the Fare if any. In relation to a taxi/car, the Fare shall be as prescribed by law and/or as stipulated by relevant authorities.
“Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of RideBoom.
“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.
“RideBom” or “we” or “ us “ or “our” shall mean RideBoom India Private Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its corporate office at 004,BLOCK C,SUNNY ENCLAVE, VIEW COMPLEX SECTOR-125 MOHALI,PUNJAB, SAS NAGAR MOHALI, 140301 which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
“Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by RideBoom from the Customer from time to time for registration on the Application.
“Ride” shall mean the travel in the Vehicle by the Customer facilitated through the Site.
“Site” shall mean the Application and the website https://www.rideboom.com/ operated by RideBoom or any other software that enables the use of the Application or such other URL as may be specifically provided by RideBoom.
“Total Ride Fee” shall mean and include the Fare, the Convenience Fee or Access Fee, the Cancellation Fee and Additional Fee and taxes as may be applicable from time to time.
“T&Cs” and “User Terms” shall mean these Customer terms and conditions.
“TPSP” shall mean a Driver and/or an operator associated with us offering the service of transporting Customers within the City of Operation as requested by the Customer on the Application.

With Effect From 28/8/2019

These Terms and Conditions were last updated on 28/08/2019

ORDER OF PRECEDENCE

Service User Specific Terms and Conditions will take precedence over General Terms and Conditions in the event of inconstancies.

SPECIFIC TERMS AND CONDITIONS FOR RIDERS

The Terms and Conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between the Service User and Rideboom (The “Company” or “RideBoom” or “We”, “Us” or “Our”).
In order to use the Service and the Application, the Service User hereby agrees to the Agreement, Terms, and Conditions and the General Condition of Contract contained herein.
The access to the RideBoom website and the RideBoom App is free of charge. You must be registered with RideBoom to access our services. RideBoom will use data provided in accordance with its Privacy Policy.
By using or receiving the Service and downloading, installing and using the App the Service User, hereby, expressly acknowledges and agrees to be bound by the Agreement, Terms and Conditions and general conditions of the Contract , and any future amendments and additions to the Agreement as published and updated from time to time at RideBoom website (https://www.rideboom.com/india/).
The Service User warrants that the information provided to RideBoom is accurate and complete. RideBoom is entitled at all times to verify the information that the Service User has provided, and to refuse the Service, and withdraw use of the Application without providing reasons.
The Service User may only access the Service using authorized means. It is the Service User’s responsibility to check to ensure that the Service User has downloaded the correct Application to match their device. RideBoom is not liable if the Service User does not have a compatible mobile device, or if the Service User has downloaded the wrong version of the Application for its mobile device.
RideBoom reserves the right to terminate the Service and the use of the Application, should the Service User be using the Service or Application with an incompatible or unauthorized device.
By using the RideBoom App, you (the Service User) further agree that:

You will only use the Service or download the Application for your sole and personal use and will not resell it to a third party;
You will not authorize others to use your account;
You will not assign, or otherwise transfer your account to any other person or legal entity;
You will not use an account that is subject to any rights of a person or entity other than you without appropriate authorization;
You will not use the Service or Application for unlawful purposes, including but not limited to, sending or storing any unlawful material or for fraudulent purposes;
You will not use the Service or Application to cause nuisance, annoyance or inconvenience to others;
You will not impair the proper operation of the software, delivery platform or the network;
You will refrain from doing anything which the Company reasonably believe to be disreputable or capable of damaging Company reputation;
You will not try to harm the Service or Application in any way whatsoever;
You will not copy, modify or distribute the Application, or other RideBoom content, without written permission from RideBoom;
You will keep secure and confidential your account password, or any identification we provide to you which allows access to the Service and the Application;
You will provide us with whatever proof of identity we may reasonably request;
You will not download (other than page caching) or modify the website and/or the App, or any part of it, except with the express prior written consent of
You will not use the Website site and/or the App or any part of it for any resale or commercial use of the services on offer or its contents, except with the express written consent of
You do not have any rights to any collection and use of any product listings, descriptions or prices;
You will not use any data mining robots or other data gathering/extraction tools.
You will not attempt or assist anyone to attempt to reverse engineer, decompile, disassemble, adapt, modify, copy, reproduce, sub-license, make available to the public, create any derivative works, distribute, commercially exploit, transmit or otherwise use the Website and/or the App, or any part of them, in any way;
You will not use the Service or Application with an incompatible or unauthorized device;
You will not collude with the Driver to defraud Company of its ride income by attempting to by-pass payment systems and start dealing in cash transactions only.
You will comply with all applicable laws of your home nation, the country, state, and city in which you are present while using the Application or Service;
RideBoom may immediately terminate the Agreement or any Services with respect to Service User, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason;
RideBoom reserves the right to modify the Agreement and its Terms and Conditions and its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application or in its website;
Service User is responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute the Service User’s consent to such changes;
RideBoom does not operate any vehicles and is not a transportation carrier. It is the responsibility of the third-party transportation providers, drivers or vehicle operators to provide the transportation services requested by the Service User using the RideBoom App. RideBoom takes no responsibility or liability for providing transportation services. RideBoom offers information and methods to obtain such third party transportation services and facilitates payments;
You have read these Terms and Conditions and the General Terms and Conditions carefully before downloading the application and/or using the Service;
You will compensate and defend the Company fully against any claims or legal proceedings brought against the Company by any other person as a result of Service User’s breach of these Terms.

CODE OF CONDUCT

RideBoom Service User’s obligations and behavior stipulated in this Code of Conduct

The Service User shall obey all rules and regulations related to traveling in a commercial vehicle at all times, regardless of any other mitigating circumstances, while using the RideBoom App.
RideBoom Service Users will ensure that they behave civilly while traveling to ensure their own safety, security and comfort are not compromised such that the Drivers can provide the best possible service to the Service User.

The Service User shall not behave abusively or confrontationally with Drivers based on race, nationality, religious beliefs, origin, disability, marital status, sexual orientation, gender identity, age or any other characteristics that are protected by law.

RideBoom have zero tolerance for bullying, harassment, discrimination, and inappropriate conduct while traveling in a RideBoom facilitated vehicle. You must treat the Driver with dignity and respect.
If the Service User notices any criminal conduct or corrupt conduct by Drivers, he/she has an obligation to notify the law enforcement authorities immediately and advise RideBoom subsequently.
The Service User may direct the Driver to the desired destination, contrary to a route suggested by the Driver as the most optimum, as long as the Service User accepts any additional charges at the end of travel.
The Service User must be friendly, polite and courteous to the Driver. No violent behavior will be tolerated.
The Service User may call the police or other security authorities in the event of violence or serious altercations and advise RideBoom subsequently. We will instigate immediate action and co-operate with all regulatory and security authorities.
Drivers will carry commercial vehicle insurance certification with them while providing services to the Service Users. It is the responsibility of the Service User to resolve any accident-related issues with the Drivers. RideBoom has no obligation to resolve or be liable for any ensuing costs.
Service User will be liable to pay the Vehicle Driver / Owner, any charges that may arise due to misbehavior of the Service User during a ride. Some examples are vomiting in the Vehicle, causing internal and external damages to the Vehicle, or abusing the seats, graffiti painting and the like. If the Service User does not make these payments demanded by the Vehicle Driver, RideBoom will deduct such payments from the Service User credit card and pay the Driver.
The Service User is required to comply with a request made by a law enforcement authority while using RideBoom App in the event of any issues.
RideBoom does not require any tipping. The Service User may issue tips to the Drivers at their own discretion, but this matter does not involve RideBoom.
Service Users shall not smoke in the Service Vehicle at any time to ensure a clean environment for the Drivers and the Service Users.
Service Users shall not use the RideBoom App facilitated Vehicle to transport any illegal substances, arms or other prohibited items at any time.
The Service Users shall not transport alcohol or consume alcohol in the RideBoom facilitated cars.
It is your responsibility to wear a seat belt for your own safety and be compliant with the law.
Service Users are responsible for guests traveling with them. It is the responsibility of the Service User to ensure that anyone traveling with them adheres to this Code of Conduct.
If the Service User leaves behind any articles in the Vehicle, it is the responsibility of the Service User to contact the Vehicle driver to obtain any lost items. RideBoom accepts no liability for any losses.
In case of emergencies, please inform law enforcement or emergency services providers directly and subsequently advise RideBoom.

BREACH OF CODE OF CONDUCT

RideBoom reserves the right to terminate or suspend your access to the RideBoom App and platform in the event of a breach of this Code of Conduct. We, at our own discretion, may conduct an investigation into breaches of this Code of Conduct howsoever advised, whether by RideBoom drivers, other users, regulatory authorities or others. If we find breaches of this Code of Conduct, we may terminate your right to use the Services with immediate effect, without providing any explanations to you or any other parties.

REPRESENTATIONS & WARRANTIES

By using the Application or Service, the Service User expressly represents and warrants that:

He / She are legally entitled to enter into this Agreement.
If the Service User resides in a jurisdiction that restricts the use of the Service because of age or restricts the ability to enter into the agreement due to age, the Service User will abide by such age limits and the Service User will not use the Application to secure the Service.
Without limiting the foregoing, the Service User shall have to be of is at least 18 years of age to register with RideBoom.
You have the right, authority and capacity to enter into this Agreement and to abide by the Terms and Conditions of this Agreement.
Use of the Service and the Application is for sole, personal use.
The Service User may not authorize others to use the Service User’s status, and the Service User may not assign or otherwise transfer the Service User’s account to any other person or entity unless expressly approved by the Company.
When using the Application or Service, the Service User will comply with all applicable laws from the Service User’s home nation, the country, state, and city in which the Service User is present while using the Application or Service.
You will comply in all respects with the Code of Conduct of Service Users.

SMS/CALLS

RideBoom is using the third-party safe call masking platform for making all calls and sending SMS from time to time and the time of connecting rider called to the driver and by signing with RideBoom you are accepting these T&C and providing your approval. “irrespective of your DND status, we will be calling you”

Suspension or modification of the WEBSite and/or App

RideBoom reserves the right, at its sole discretion to change, alter, suspend or indefinitely close the website and/or the App.
From time to time, RideBoom may also restrict access to some parts of the Website and/or the App, or the entire Site and/or App, to Service Users.

FARES & CHARGES FOR SERVICE USERS

By using the Application or the Service, the Service User agrees that:

While the RideBoom will endeavor to provide you with a driver and vehicle of your choice, if your choice is not available, other options will be presented to you via RideBoom App platform.
When the Service User pays for the ride through RideBoom App then such payment will be taken either automatically at the end of the journey using the card [credit, debit or other authorized cards] details the Service User registered with RideBoom or rider can pay by cash accordingly. You agree that we may undertake authorization checks on that card when you first join as well as when you order a ride with RideBoom.
Each ride charge will be calculated in accordance with the information provided on the website and mobile application based on the city-country, time of the day and other factors.
The fare estimation provided in our website and App is an estimation only. The Service User acknowledges that the actual fare will depend on many factors and could have significant variation from the fare estimate that the Service User obtained. We are not responsible for any direct or indirect losses that may occur due to any potential variation. The Service User acknowledges and expressly agrees that the Company is not liable to pay any fare discrepancies between the fare estimate and actual fare to the Service User.

PAYMENT TERMS AND CONDITIONS

Fees that the Company charges the Service User for the Service are due immediately and are non-refundable unless otherwise agreed.
The Company, at its sole discretion, may make promotional offers with different features and different rates to Service Users. These promotional offers do not constitute a variation to the agreement and the Terms and Conditions.
The Company may change the fees of the Service from time to time and will post such changes on the website which shall be binding on the Service User.
You can pay cash to the driver or by auto-debit with your credit card.
Credit Card/ Debit Card/ Net Banking Payment: Total Ride Fee shall be effected using the services of an entity providing payment gateway/processor services (“PG”), authorized by RideBoom. Such PG may either be RideBoom or any of its affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the PG for the successful completion of payment towards Total Ride Fee to RideBoom and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposes of the Site and/or Application and/or Services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with Your payment details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by You at any of RideBoom affiliates. Your authorization will remain in effect as long as you maintain an Account with Us. In the event, You delete Your Card Details with the PG or if You delete Your Account, the PG will not process any further transactions initiated by You at the Site or Application and at the sites of any of RideBoom’s affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.

PROVISION FOR SPECIAL NEEDS

RideBoom provides provisions for special needs such as support for Folding Wheelchairs. RideBoom Drivers do not provide foldable wheelchairs, but merely provide support to such Service Users that use their own wheelchairs.
Once the Service User special needs bookings have been confirmed by RideBoom system, it is the responsibility of the Service User to contact the Driver directly and confirm the delivery of such requests.
In the event that the Driver does not provide such facility, though a request has been made and confirmed by the Driver, RideBoom is neither responsible nor liable for any inconveniences, delays, losses and the like, due to non- delivery of such services to the Service User.
If any issues arise during the special needs services, such as damage to Vehicle, damage to Wheelchair and the like, RideBoom is neither responsible nor liable for any losses, expenses or any other disputes whatsoever. The Service User and Driver have to resolve the issue between themselves.

TOLLS:

At the end of the trip, the driver got the option to enter and add tolls amount.

BOOKING CANCELLATION POLICY AND CHARGES FOR SERVICE USER

The Service User may cancel a booking any time they wish, subject to conditions stated hereunder. Cancellation charges apply only after your booking has been confirmed by RideBoom system.

Once Service User has taken a RideBoom provided ride, Service User will not be able to cancel (since the service has already been provided) and the payment will be taken automatically and is non-refundable. If Service User has any complaint in relation to the service provided then that dispute must be taken up with the Driver directly. If the Service User is unable to resolve the dispute with the Driver or Service User cannot come to an agreement with the Driver, please contact RideBoom and Company may try to resolve the dispute.
The RideBoom charges the Service User a “No Show” fee if the Service User does not make use of the Service once a car has arrived at the pick-up point.

In the event that the Service User’s communication device is non-functional, it is the responsibility of the Service User to use alternate communication channel to contact the Driver in order to avoid a ‘No show’ charge.

‘Ready Now’ bookings cancellation charges :

The RideBoom charges a cancellation fee if the booking is canceled. The cancellation charge is according to the car typeand as stated below:

If you cancel the booking after a minimum of 5 minutes have elapsed from the system confirmation time of your booking;
If you do not present, yourself [“No Show”] after the car has arrived at your pick-up point. The Driver will advise the system and report the ‘No show’ reason for not picking up Service User;
If you are late by more than 10 minutes of the pick-up time, unless the Driver has communicated with you, he may notify RideBoom of a “No show”. In that case, the trip will be cancelled and you will be charged a cancellation fee. In case of anticipated delays, You should contact the Driver and advise him accordingly.

For Ride Later ‘Time Bookings’ [2 hours to 7 days in advance]

Cancellation charges for pick-ups –

The RideBoom charges a cancellation fee for Car Services if the booking is canceled. Cancellation charges will apply as follows:

After the RideBoom system has confirmed your booking, if you cancel the booking, ten minutes prior to scheduled pick-up time, then the cancellation charge is zero.
If you do not present Yourself [No show] at all, after the car has arrived at Your pick-up point, the Driver will cancel the ride and report the ‘No show’. Then the cancellation charge is according to the car type.
If you are late by more than 10 minutes of the pick-up time, unless the Driver has communicated with you, he may notify RideBoom of a “No Show”. In that case, the trip will be cancelled, and the Service User will be charged a cancellation fee. In case of anticipated delays, you should contact the Driver and advise him accordingly.

BOOKING CANCELLATION BY DRIVER

The Driver may cancel Your booking on his / her discretion at any time. If this situation arises, as soon as the Driver cancels Your booking, RideBoom will send a message to you and will endeavor to book an alternate Vehicle for You. However, this may not be possible due to time constraints or alternate Driver availability. In such instance, RideBoom is not responsible for any delays, inconvenience, direct or indirect losses that may eventuate due to such Driver cancellation, no is RideBoom liable for any financial losses that the Service User may encounter.

INSURANCES

The Service User is covered by the commercial vehicle insurance provided by the Driver. This insurance covers various aspects of commercial service risks and is the responsibility of the Driver to implement if the requirement arises. The Service User should contact the Driver and obtain insurance details when required.
RideBoom is neither responsible nor liable to the Driver or the Service User in the event of any incident that may occur when the Driver provides Service to the Service User.
Service User and/or Driver expressly agree and warrant that any incidents would be settled between then and not involve RideBoom.

GRANTING OF LICENSE AND RESTRICTIONS

Subject to the Service User’s compliance with the Agreement and Terms and Conditions the Company grants the Service User a limited, non-exclusive, non-transferable license to download, install and use the Services.
Service User has no right to sublicense the license rights so granted and agrees to run such copy of the Application for the Service User’s sole personal use.

INTELLECTUAL PROPERTY OWNERSHIP

The Company and its licensors, where applicable shall own all right, title and interest, including all related intellectual property rights, in and use of the Application, and the Service. Any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Service User, or any other party, relating to the Application or the Service shall also vest with the Company.
This Agreement is not a sale and does not convey to the Service User any rights of ownership in, or related to, the Application or the Service, or any intellectual property rights owned by the Company.
The Company name, the Company logo, and the product names associated with the Application and Service are trademarks of the Company and no right or license to ownership is granted or transferred to the Service User.
Your use of RideBoom App grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to Rideboom software, applications and website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the RideBoom services in accordance with these Terms.
All the proprietary rights (tangible and intangible) related to the App shall vest with Rideboom Technologies Pty Ltd, ACN: 612 871 888.

THIRD-PARTY INTERACTIONS

During use of the Application and Service, the Service User may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers or sponsors showing their goods and/or services through the Application or Service. Any such activity, and any terms and conditions, conditions, warranties or representations associated with such activity are solely between the Service User and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between the Service User and any such third-party.
The Company does not endorse any sites on the internet that are linked through the Service or Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers.
The Company provides the Application and Service to the Service User pursuant to the Terms and Conditions of this Agreement, and the Company disclaims any and all responsibilities or liabilities arising from such agreements between the Service User and the third-party providers.

EMERGENCY SERVICES TO CUSTOMER

By accepting these User Terms and on pressing the SOS button on the RideBoom App, you consent to RideBoom using its best endeavors to provide you with assistance during a safety incident, emergencies or distress, as per RideBoom’s internal policies on emergency response. RideBoom may undertake remedial action(s), including, but not limited to the following:

When you tap on the emergency button your call will connect to the emergency service or police who may ask you to share your location and other details include your driver.
We may share your personal information, including but not limited to, your exact GPS location, your registered email ID and mobile number with third parties such as a security services provider, to enable them to take appropriate steps to assist You and solely to resolve the incident.
Further to the above, you may receive telephone calls from a RideBoom representative and/or the relevant response team at the time of pressing the SOS button and in the duration that the incident is being resolved, and the same shall not be construed as breach of TRAI guidelines, in as much as these would be made for Your security and safety purposes.
Under this clause, You give Your express consent to permit RideBoom to undertake the above along with any ancillary actions that may be required to facilitate effective emergency response.
RideBoom will not be liable for any deficiency of service, provided to You under this clause on a best efforts basis, and this clause does not, in any manner, restrain You from seeking any other form of assistance from any other party.

Uploading material to the WEBSite and/or the App

Any material you upload to the RideBoom Website and/or the App will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose, in any medium and through the world. RideBoom also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the RideBoom website and/or the App constitutes a violation of their intellectual property rights, or of their right to privacy.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that would constitute or encourage conduct that would be considered unlawful and/or a criminal offense.
RideBoom will not be continuously monitoring user content published on the RideBoom website and/or the App by you, or moderating between users, nor shall it be under an obligation to do so. You acknowledge and agree that RideBoom will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the RideBoom website and/or the App.

Viruses, hacking and other offences

RideBoom does not guarantee that its website and App will be secure or free from bugs or viruses.
You must not misuse the Website and/or the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the website and/or the App, the server on which the website and/or the App are stored or any server, device or database connected to the website and/or the App. You must not attack the website and/or the App via a denial-of-service attack or a distributed denial-of-service attack. You should not facilitate or be associated with any parties that may instigate such attacks on RideBoom website or App.
By breaching this provision, you would commit a criminal offense under the Computer Misuse Act and other relevant applicable acts. RideBoom will report any such breach to the relevant law enforcement authorities and RideBoom will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and/or the App will cease immediately.
You are responsible for configuring your information technology, computer programs, and platform in order to access the RideBoom website and/or the App. You should use your own virus protection software.

Linking to the Site and/or the App

You may not link to RideBoom home page or App without its express written consent.
The Website and the App must not be framed on any other site or app, nor may you create a link to any part of the RideBoom website and/or the App without RideBoom’s prior written consent. RideBoom reserves the right to withdraw any linking permission without notice.
If you wish to make any use of material on the Site and/or the App other than that set out above, please address your request to support_IN@rideboom.com

Links from the Site and/or the App

The Website and the App may include links to other web sites, apps or material which is beyond RideBoom’s control and which are owned and controlled by third parties. RideBoom is not responsible for the content on these links, the internet or World Wide Web pages or any other site or app outside the RideBoom website and the App.
Where the RideBoom website and/or the App contain links to other websites or apps or materials provided by third parties, these links are provided for your information only. These links are provided as a courtesy to RideBoom customers and are not administered or verified in any way by RideBoom.
Such links are accessed by you at your own risk and RideBoom makes no representations or warranties about the content of such websites or apps and cannot be held liable for the content and activities of these websites or any losses you suffer as a result of using such third party websites.
RideBoom may provide links to third-party websites or apps that use cookies on users to collect data and/or to solicit personal information. RideBoom recommends that you read the privacy policies and terms of use of any third-party websites or apps prior to using them.

INDEMNIFICATION

By entering into this Agreement and using the Application or Service, the Service User agrees that the he / she shall defend, indemnify and hold harmless the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, other Service Users, employees, attorneys and agents harmless from and against any, and all, claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:

The Service User’s violation or breach of any term of this Agreement, or any applicable law or regulation, whether or not referenced herein;
The Service User’s violation of any rights of any third party, including providers of transportation services arranged via the Service or Application, or
The Service Users use or misuse of the Application or Service.

DISCLAIMER OF WARRANTIES

The Company makes no representation, warranty, or guaranty as to the reliability, timeliness, deliverability, quality, suitability, availability, accuracy or completeness of the Service or Application. The company does not represent or warrant that,

The use of the Service or Application will be secure, timely, uninterrupted or error-free;
Already confirmed bookings will be fulfilled (due to Driver booking cancellation);
The Service or app will meet the service user’s requirements or expectations;
Any stored data will be accurate or reliable;
The quality of any products, services, information, or other material purchased or obtained by the Service User’s through the Service will meet the Service User’s requirements or expectations.

INTERNET DELAYS AND EQUIPMENT PERFORMANCE

The Company’s Service and Application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.
The Company takes no responsibility for any impacts the Application may have upon the Service User’s equipment, hardware’ mobile devices and the like.
The company is not responsible for any delays, failures, or other damage, direct or indirect, resulting from such problems.

TERMINATION

RideBoom may terminate these Terms and close any account Service User has by giving Service User 7 days’ notice in writing or by email to Service User’s registered email address. Company may also terminate these Terms and close the Service User’s account without notice if the Service User breaches any of the obligations under these Terms if bankruptcy proceedings are brought against the Service User or not pay a court judgment on time.
RideBoom reserve the right to suspend, restrict or terminate Service User access to RideBoom at any time without notice if Company has reasonable grounds to believe Service User has breached any of these Terms. This shall not limit the Company right to take any other action against the Service User that Company considers appropriate to defend Company rights or those of any other person.
Service User is under no obligation to use the service and may simply choose to stop using it at any time.

LIMITATION OF LIABILITY

In no event shall the Company and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind including personal injury, loss of data, loss of revenue and profits, use or other economic disadvantages. The Company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by the Service User, including by not being limited to loss, damage or injury arising out of, or in any way connected with the Service or Application, including, but not limited, to the use or inability to use the Service or Application, any reliance placed by the Service User on the completeness, accuracy or existence of the Service including any advertised benefits, or as a result of any relationship or transaction between the Service User and any third-party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the Service or Application, even if the Company and/or its licensors have been previously advised of the possibility of such damages.
RideBoom will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer and/or mobile equipment, computer programs, data or other proprietary material due to your use of the Website and/or App or to your downloading of any content on it, or on any website linked to it.

RideBoom is not responsible for:
Losses not caused by its breach;
The actions or inactions of other RideBoom users;
Indirect losses which means a loss to service user which is a side effect of the main loss or damage and where service user and Company could not have reasonably anticipated that type of loss arising at the time of entering into these terms;

RideBoom does not guarantee that its Website and/or the App, or any content contained on them, will always be available or uninterrupted. RideBoom reserves the right to withdraw or amend the services it provides on the Website and/or the App without notice to you. RideBoom will not be liable if, for any reason, the Website and/or the App are unavailable at any time or for any period.
The Website and the App are available on a number of different devices and these terms of use shall apply to any device, both current and future. By using the Website and/or the App, you hereby acknowledge and agree that RideBoom will not be liable under any circumstances for any damage caused to your device or any software.
We are also not responsible for:

Failure to provide RideBoom generated rides, or our failure to meet any of our obligations under these Terms and Conditions, where such failure is due to events beyond our control (for example a network failure and events of Force Majeure. The events of Force Majeure include the following events or similar events that are beyond the reasonable control of RideBoom. These include, but not limited to:
1. Network and carrier failures
2. Adverse market conditions

The bankruptcy of the Credit card processing companies

Strikes or industrial action
The bankruptcy of payment processing companies
Changes to regulations and law

Act of God such as storms, floods, tempest, earthquakes, etc.
Data server failures

Data/website/ App hacking and interference by malicious acts by others
Malicious acts by competitors and others disabling or making inefficient RideBoom services.

Any losses incurred due to delay in payment processing companies in settling Service User payments. In this event, a delay of up to 2 months could occur.

RideBoom is not responsible for the behavior, actions or inactions of Drivers which the Service User may use (which has been provided by the RideBoom App). Any contract for the provision of services is between the Service User and the Driver and not RideBoom. Company simply provides a platform to introduce drivers and passengers.
RideBoom is not responsible for Drivers canceling any jobs already confirmed and notified to the Service User (which has been provided by the RideBoom App). Any contract for the provision of services is between the Service User and the Driver and not RideBoom. Company simply provides a platform to introduce drivers and passengers. At the time RideBoom will endeavor to provide alternate Driver / Vehicle, RideBoom is not liable to the Service User under whatever conditions.
The Company may introduce the Service User to third-party transportation providers for the purposes of providing transportation. The Company will not be responsible to assess the suitability, legality or ability of any third-party transportation providers and the Service User expressly waives and releases the company from any and all any liability claims for damages arising from or in any way related to the third party transportation provider.
The company will not be a party to disputes, negotiations of disputes between the Service User and any third party providers. The company cannot and will not play any role in managing payments between the Service User and the third-party providers.
Responsibility for the decisions by the Service User regarding services offered via the application or Service (with all its implications) rests solely with the Service User.
The quality of the transportation services scheduled through the use of the Service or Application is entirely the responsibility of the third-party provider who ultimately provides such transportation services to the Service User.

ASSIGNMENT

This Agreement may not be assigned by the Service User without the prior written approval of the Company but may be assigned without the Service User’s consent by the Company to:

a parent or subsidiary;
an acquirer of assets;
a successor by merger.

Any purported assignment by the Service User in violation thereof shall be void.

DISPUTE RESOLUTION

The Service User and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) 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.
The Service User acknowledges and agrees that both it and the Company are each waiving the right to a trial by jury. The disputes need to be solved through arbitration.
You expressly waive the rights to join with other parties in bringing any “class action” whatsoever against RideBoom. This clause may be used to fully defend and disallow such as “class action” by RideBoom. 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 RideBoom upfront before RideBoom takes steps to deal with such matters required for the defense.
Arbitration Rules and Governing Law: Any legal case or dispute shall be settled under the laws of India.
Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written notice for Arbitration.
Arbitration Location: Unless the Service User and Company otherwise agree, the arbitration will be conducted in the county where the Company resides.
Arbitration procedure: ACICA procedure is to be followed.
Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in , India.
Fees: Each party will pay its own legal fees.

PROMOTIONS

RideBoom may, in RideBoom’s sole discretion, create promotions that may be redeemed for credit, 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 from time to time. The terms will be available on RideBoom’s website. The Service User agrees that these promotions:

must be used for the intended audience and purpose, and in a lawful manner;
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);
maybe disabled by RideBoom at any time for any reason without liability to RideBoom;
may only be used pursuant to the specific terms that RideBoom establishes for such Promotions;
are not valid for cash; and
May expire prior to your use.

RideBoom reserves the right to withhold or deduct credits or other features or benefits obtained through the use of these promotions by Service User or any other user in the event that RideBoom determines or believes that the promotion was in error, fraudulent, illegal, or in violation of the applicable Promotion terms or these Terms.

GENERAL

No joint venture, partnership, employment, or agency relationship exists between the Service User, the Company or any third-party provider as a result of this Agreement or use of the Service or Application.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall fully be enforceable under law.

RIDER (SERVICE USER) TERMS AND CONDITIONS

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