For the purpose of these Terms of Use, where for the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Products and services by providing registration data while registering on the our Application (App), products and services as registered user using the computer systems. The term “We”, “Us”, “Our” shall mean RIDE(*).
When you use any of the services provided by us through the app, products and services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Products and services following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the app, products and services. Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions under these terms of use, so please read the terms of use carefully before proceeding. By impliedly or expressly accepting these terms of use, you also accept and agree to be bound by our policies (“policies”) ((including but not limited to privacy policy as amended from time to time.
We encourage you to please read this Agreement carefully, including the terms of Disclaimer of Warranty, Limitation of Liability, and Rights and Limitations besides other terms and conditions. This Agreement (including the Privacy Policy) is the ultimate, integral and exclusive agreement between you and us, in relation to any matter relating to the application or our products and services. We may suspend or stop providing our services to you if you do not comply with our terms or policies. By your registration, login, usage of the services or other actions, you acknowledge that you have read and understood, and agree to accept and be bound by the terms and conditions of this Agreement and our other policies. Before proceeding to login, access, use or download the Services please read this Agreement and the Privacy Policy. By selecting to continue with the mobile application, you signify your acceptance of this Agreement (as amended from time to time), and agree to be bound, along with all your obligations, by them for as long as you are using or accessing the Service. We reserve the right, at our sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. We request you to visit this Agreement from time to time to stay informed of any changes that may be introduced. You can log in on our webpage at any time to check the latest Agreement. If you cannot accept any content that we have changed, you may choose to withdraw your consent and cease to avail of the Services.
MEMBERSHIP ELIGIBILITY
Use of our applications, products and services is unavailable to persons who are “incompetent to contract” within the meaning of Indian Contract Act, 1872 including minors, un-discharged insolvents etc. You shall be solely responsible for compliance of all applicable laws including for those to make payments to buy our application, products and services. You shall be responsible for providing the details and maintaining the confidentiality for all activities that occur under your mobile number, vehicle information, display name etc. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership and refuse to provide you with access to your account with us.
TERMS OF USE
For use of our applications, products and services, you agree, undertake and confirm that you shall not (i) Impersonate another person or provide false, inaccurate or misleading information (ii) Infringe on our copyright, patent, trademark, intellectual property rights, rights of publicity or privacy (iii) Upload/download any content, software, programs, application etc that contain viruses, corrupted files, malware, trojans, bots etc that may damage the operation of our applications, products and services (iv) Violate any terms of this agreement or terms of agreement of our promotions, our privacy policy, applicable laws or regulations or any code of conduct or other guidelines, which may be applicable for or to any particular portion our applications, products and services (v) Abuse of Misuse our devices, SIM cards, hardware, software, technical environment and infrastructure etc which are in direct /indirect relation to our applications, products and services in any manner whatsoever, causing any harm or damage to our reputation besides other economical losses (vi) Promote any of our competition in any manner whatsoever (vii) Make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name, logo or domain name used by us or any seller on our applications, products and services (vii) assign any or whole of this agreement without our explicit written consent (viii) transfer the rights and obligations stated in this Agreement. Any behavior or activity violates the provision about such a transfer attempt is invalid.
LIMITATION OF LIABILITIES
You agree to use our products or services harmlessly and to indemnify us against any nature of lawsuit, complaint, loss, damage, responsibility, cost, interest and fees (including but not limited to counsel fees) from any claims made by you or by any third party claims caused by your acts in relation to use of our products or services. We reserve the exclusive right to defend and the right to claim for compensation and our delay or failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Under no circumstances we or our affiliates, associates, concerns shall bear any indirect, consequential, exemplary, incidental, exceptional or punitive cost of any nature whatsoever as a resulting from this Agreement. We are neither responsible nor liable for acts or omissions of any third party service provider, for information provided through our products and services, hardware and software or for factors and reasons beyond our control such as loss/ theft or functioning of devices/sensors, power or network outage, breakdown or glitch in servers or cloud infrastructure, availability of coverage of any telecom operator besides other including any natural calamities or act of god. You agree and accept that in such events as well as events including but not limited to theft/ loss/ damage/ change of your phone, change of device/sensor, your choice to disable any notification etc, we do not guarantee and shall not be responsible in any manner whatsoever, for the efficiency of our services. In no event shall ride be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if user has been informed in advance of the possibility of such damages.
DISCLAIMER OF WARRANTY
We shall not be responsible for the accuracy, completeness, reliability, fitness, availability or relevance of any information on the product or platform. We will not bear any legal liability under circumstances stated below as under (i) Providing your personal information in accordance with local regulations and government request (ii) Disclosure of private information caused by your negligent actions (iii) Any circumstances caused by suspension, breakdown and so on that result from reasons beyond our reasonable control including, without limitation, from hacking, virus invasions, blockings due to illegal and harassing content, government control or any other reasons related to telecom network, technique, communication line and information security management (iv) Losses to the users because of any third party, such as the communication line breakdown, technical problems, the network and computer breakdown, and other cases of force majeure (v) Any psychological or physical damage and economic losses when you interact with others through our products, platforms or services.
We expressively declare that we do not guarantee timeliness, security and accuracy of the services expressly, impliedly or in other forms. Under no circumstances shall we bear any responsibility for any indirect, consequential, exemplary, incidental, exceptional or punitive damages, including profit losses, loss of reputation, goodwill, business opportunities, data or other intangible losses or be liable for any loss or damages of any kind whatsoever arising out of the use of or inability to use our products or services. In spite of the provisions in this Agreement, the responsibilities we bear will not exceed the fees (if any) you pay for our services during your registration period, for any reason or in any manner. We also disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to the use of the services. We shall not be responsible or liable for any damages or losses resulting from any correspondence or business dealings with third party service providers or advertisers or resulting from the presence of such advertisers on the platform or products.
DEVICE WARRANTY
The limited warranty on the hardware (sensor/device) is for a period of 1 (one) Year and commences from the date the same has been received by you and installed and used in accordance with the instructions and has not been damaged or deteriorated or malfunctioned resulting from any alteration, modification, improper or unreasonable use or maintenance. You give you unconditional, explicit and no recourse consent to us for installing the hardware for effective functioning of the product. The warranty will cease to be applicable if the device or the entire installation/ wiring has been opened or repaired by anyone or if incorrect installation by you, which may lead to breakdown or damage of the hardware in any manner whatsoever. We are not responsible for any improper installation and in such event take no responsibility for the proper and effective functioning of our product and services. Violations against warranty, includes but not limited to customer tampering, removal, routine wear and tear induced damage, such as self-repairs, exposure to water, damage caused by misuse, alternation, failure to comply with product manual etc.
REPLACEMENT POLICY
At our discretion, our limited warranty and replacement policy allows you to request replacement devices at no additional cost if the device when received by you is damaged / defective or is not as ordered by you. Your will be eligible for a replacement under only if (i) Our examination of the device shows a defect or damage of a nature that qualifies the device for replacement; (ii) A replacement request is made within 10 (ten) days of receipt of the delivery of the order by the user; (iii) The device has been received in its unused, original condition; and (iv) The device has been received in the original product packaging along with supporting original documentation such as invoice, receipt or proof of purchase, price tags, labels, warranty card and any freebies and accessories obtained along with the original product. The replacement is subject to availability of a suitable replacement. You may initiate your replacement request by writing to us at support@rideapp.online. Upon the old product satisfying the aforesaid conditions, we will notify you of the time period within which you will receive the replacement product. If you don’t get the replacement device within the specified time, please contact us immediately. Please note that this policy only covers replacements for eligible products that are damaged in transit, or are not shipped as ordered. It will not cover routine product wear and tear; damage incurred during use or any other forms of damage and will not, in any event, entitle you to a refund, whether partial or otherwise.
MODIFIED TERMS
We may change or modify terms of this Agreement at any time, and will notify you through your email address or notifications on the site or the application. Your use of our products or services therein after modifications to the terms indicates that you agree to such changes. We reserve the right to modify, keep and suspend the application and site and our products and services without notification from time to time. You agree that we shall not be liable for changing, reserving or suspending the application and site and our products and services, or for any actions taken by other third parties.
TRADEMARK, COPYRIGHT AND RESTRICTION
Our application is controlled and operated by us and products are sold by through various channels including our website as well as our application. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Products and services is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without our prior written consent, modification or use of the materials on any other products and services or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
TERMINATION
This Agreement becomes valid on your registration and purchase of our product or services and stays valid during your use of the same until terminated in accordance with this Agreement. We may suspend or restrict your right to access our product or service; and/or terminate this Agreement at any time without notice, if we believe you violated our policies or other terms of this Agreement. Once this Agreement is terminated, your account with us to use our products or Services will also be terminated forthwith and will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity will be referred to appropriate law enforcement authorities. In the event if you do not choose to renew our subscription after completion of the validity period, the Agreement stands automatically terminated and No request shall be entertained by us without a valid Agreement.
SURVIVAL
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
INDEMNITY
You shall indemnify us, and hold harmless the company, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including attorneys’ fees or any third party or penalty (if any) imposed due to or arising out of your breach of this agreement for terms of use, privacy Policy and other policies, or your violation of any law, rules or regulations or the rights.
DISPUTE RESOLUTION & APPLICABLE LAW
We shall be glad to resolve any issues, queries and provide workable solutions for resolutions. It is our endeavor to provide our best services to you. Failing which, if any dispute of any kind whatsoever arises out of or in connection with this Agreement (“Dispute”), including without prejudice to the generality of the forgoing, any question regarding the existence, validity or termination, the parties shall seek to resolve any such dispute by resolution process governed by and interpreted and construed in accordance with the laws of India and shall be referred for Arbitration under provisions of The Arbitration and Conciliation Act 1996 and with the prevailing amendment. The jurisdiction for the Arbitration shall be Mumbai, India.
SEVERABILITY
Every part, term or provision of the Agreement is severable from others. If any provisions of this Agreement or a particular part therein is deemed or held by a Court of jurisdiction of this Agreement, to be contrary to law, invalid, void or unenforceable, the provisions of this Agreement shall be enforced to the extent legally permissible and unenforceability of any provisions of this Agreement shall not affect the remaining provisions of this Agreement which shall remain in full force and effect.
ASSIGNMENT
You agree and have no objection in we making any collateral assignment of our interest in this Agreement to a Financing Party; or entering in to any transaction that may change the eventual owner ship of our products and services, assets etc including but not limited to entering in to merger, acquisition, restructuring, consolidation or creation of mortgage, charge, lien, pledge of transfer of the System/Platform/technical environment that is built, operated and maintained by us.
COMMUNICATIONS
We may communicate with you by email or by such other mode of communication, electronic or otherwise. You hereby authorize RIDE to call you about the product/installation/delivery of your order. Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding our app, products and services policies@rideapp.online