Terms and Conditions
The Platform is owned by SVIDA Mobility Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at 7-2-31/A, B-31, Talwar Tower, 1st Floor Industrial Area (Ie), Sanathnagar, Hyderabad- 500018, Telangana and operated under the name of ‘SVIDA’.
‘Services‘ shall mean the transportation services provided to You on the Vehicles belonging to the Svida through the Platform, subject to and in accordance with the terms and conditions of the Agreement between SVIDA and You directly or with your Company / Organisation for your benefit.
‘Vehicle(s)’ shall mean the vehicles which are made available for use to the User through the use of the Platform.
‘Payment Facility’ refers to the third-party payment processors, wallets, online fund transfer facility through banks or credit cards or mobile & internet-based payment/commerce platforms or authorized payment gateway networks as recognised and authorised by the Reserve Bank of India, used to facilitate the purchase of rides (as defined hereinafter) on the Platform.
I. USER(S) ELIGIBILITY
- User(s) means any individual or business entity/organization that legally operates in India, who uses and has the right to use the Services provided on by Svida, either on this Platform or otherwise, for personal and non-commercial use.
- The Services offered by Svida are available only to those individuals or companies or entities who can execute legally binding contracts under the applicable law. Therefore, the User(s) must not be a minor as per Indian Law; i.e. User(s) must be at least 18 years of age to be eligible to use the Platform.
- Svida advises its User(s) that while availing Svida Services, they must follow/abide by the related laws. Svida is not responsible for the possible consequences or any third party liabilities caused / arisen by your actions/behaviour during the use Services. Svida may, in its sole discretion, suspend the Services or refuse to usage of the Services and the Platforms to any User at any time or block the access of any User to the Platform.
II. USER(S) ACCOUNT AND OBLIGATIONS
- Svida reserves the right to collect any user data including name, contact information and other details through the Platform or other apps/ websites to facilitate use of its platform to avail Services. All information collected from the User is on a bonafide basis. You agree that Svida may contact You by telephone or text messages (including by an automatic telephone dialling system) at any of the phone numbers provided by You or on your behalf in connection with your Svida account created through the Platform (“Svida account”), including for marketing purposes.
- You are solely and entirely responsible for maintaining the confidentiality, usage and security of your Svida account, display name and password and for restricting access to your mobile device.
- You will only use the Services or download the Platform for your sole and personal legal use and will not resell it to a third party nor try to hack or reverse engineer the Platform or facilitate any person to do the same while using the Platform or otherwise. Svida has irrevocable and unilateral right to refuse to User the usage of Platform and/or block the User and/or to impose any fines or penalties or take any other recourse, legal or otherwise, as may be available to Svida under any applicable laws or under contract at the sole expense of the User, in case it appears to Svida, or is discovered by, alleged or comes to the knowledge of Svida that the User is guilty of any fraud, misrepresentation, illegal actions, cheating, creating nuisance, misuse of Platform or any other misconduct.
- You shall not license, sublicense, transfer, assign, sell or distribute or otherwise commercially exploit or make available to any third party the Credits or the Platform in any way.
- Svida is entitled at all times to verify the information that You have provided and to prohibit You from accessing or using the Platform without providing any reason.
- In case where the system is unable to establish unique identity of the User against a valid mobile number or e-mail ID or other contact details, as may be prescribed by Svida from time to time, the account shall be indefinitely suspended. Svida reserves the full discretion to suspend or permanently disable a User’s account in the above event and shall not have the liability to share any account information whatsoever.
- You agree to accept responsibility for all benefits availed through your Svida account or activities that occur under your Svida account or password including any content stored, posted or otherwise transmitted through your Svida account even when certain content is posted / activities undertaken / benefits availed by others who have access to your Svida account with or without your consent/authorization. Svida will not be responsible for any changes to the content in your Svida account that are attributable to use of your Svida account by any third party, with or without your consent and You hereby expressly agree not to hold Us liable in such a case. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by You to protect your password for your Svida account and the loss or damage arising therefrom.
- If You know or suspect that someone unauthorized knows your password for your Svida account or any other security breach, then You should notify Us by contacting Us immediately and in no event later than 24 hours through the contact details provided in the “Contact Us” section of the website or on the chat support and/or ‘Help’ option on the Platform. If Svida has reason to believe that there is likelihood of a breach of security or misuse of the Platform, We may require You to change your password for your Svida account or We may suspend your Svida account without any liability to Svida and without any prior notice to You. Without prejudice to the above, Svida reserves the right to recover from You any and all damages, losses or costs that are levied on or suffered by Svida, Svida’s vendor(s) or other Users due to misuse of your Svida account or your password for your Svida account whether due to reasons attributable to You or not. We shall not be held liable in any manner whatsoever to anyone for any misuse of your Svida account by any person with or without your consent or authority.
- You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information that
i. belongs to another person and to which the User does not have any right to;
ii. is grossly, directly or indirectly, harmful, harassing, blasphemous; outrageous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. harms minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonates another person;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform;
ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
When You use the Platform or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Svida through electronic records and You consent to receive communications via electronic records from Svida periodically and as and when required. Svida may communicate with You by email or by such other mode of communication, electronic or otherwise.
IV. PLATFORM FOR TRANSACTION AND COMMUNICATION
- It is agreed and understood by the User that Svida through the Platform enables the Users to avail the Services for their transportation from one point to another on the Vehicles on pre-determined specified routes and times as determined by Svida. By using the Platform, You or your business organisation enter into a contract with Svida for the purpose of availing the Services in accordance with the terms and conditions contained herein. Svida reserves the right to remove / modify / alter existing routes / pick-up points / drop-off points and the timings of the Services as well as the fee / charges for the Services, from time to time, without any prior notice to You. It shall be the sole responsibility of the User to verify these details prior to availing the Services. Svida shall not be held responsible for any inconvenience caused to the User due to the changes stipulated in this clause.
- The User shall at the time of entering the Vehicle be required to validate his/her identity in order to comply with the regulations/ law concerning a contract carriage.
- The Platform acts as a facilitator for the User to avail the Services for their transportation. By registering for the use of the Platform, the User enters into an agreement, for the purpose of availing the Services for his transportation on the Vehicles as offered through the use of the Platform.
- Svida shall provide the Services on best effort basis, Svida accepts no liability in connection with and/or related to the acts, actions, omissions, behaviour, conduct and/ or negligence, defaults, accidents, tort on the part of the co-passengers or any third party not controlled by Svida.
- Svida does not make any representation or warranty of the Vehicles and the drivers, conductors, helpers and other crew of the Vehicles as to specifics (such as quality, efficiency, background, value, etc) of the services offered by the Operator and Svida accepts no liability for any errors or omissions thereof.
V. TERMS & CONDITIONS FOR USE OF PLATFORM
The following terms and conditions shall apply to User(s) using the Platform and / or utilising the Services of the Operator:
- For availing the Services through the Use of Platform, the User shall purchase subscription packages as available on the Platform through his Svida account and pay the fare and any fee or levy, tolls and applicable taxes presently payable or hereinafter imposed by the law or required to be paid for availing of the Services. Svida reserves the right to change the fare for the Services at any time at its sole discretion, without any prior notification. Svida shall not be liable to refund any amount collected from the User towards any booking of Services which could not be used by the User for any reason whatsoever. No refund shall be made by Svida to the User for the payments made by the User for availing a subscription package for availing the Services. In case, if any refund has to be made by Svida in this regard, the same shall be made by Svida at its own discretion on reasonable grounds, on a case to case basis as per Svida’s internal policy as may be applicable from time to time.
- The User agrees and accepts that the use of the Platform or the Services is at the sole risk of the User, and further acknowledges that Svida disclaims all representations and warranties of any kind, whether express or implied.
- The User shall ensure that he/she will not indulge in any of the following activities while in a Vehicle:
i. Smoking or consuming any kind of intoxicants inside the Vehicle;
ii. Littering the Vehicle;
iii. Soiling or damaging the seats and/or any other interiors of the Vehicle;
iv. Misusing, soiling or damaging any of the devices (technical/non-technical) in the Vehicle;
v. Asking the driver to break any traffic/RTO/city police and/or Government rules for any purpose (especially reaching the destination earlier). The driver has the right to refuse such a request by the User;
vi. Interfere in any manner in the discussions between the driver and government official/representative;
vii. Any kind of altercation or verbal spat with co-passengers, drivers, conductors and other crew of the Vehicles; and
viii. Any kind of misbehaviour, untoward incidents or harassment of the women, other co-passengers, drivers, conductors and other crew of the Vehicles.
Upon occurrence/ threat of occurrence of the aforestated events, the driver/ conductor has the right to refuse the pick-up or ask the User to alight the Vehicle forthwith and Svida shall have the right to terminate or suspend the provision of the Services to the defaulting User and / or its Company / business organisation and/or block the User accessing, either permanently or temporarily, the Platform and/or claim indemnities for the damage/loss caused, directly or indirectly, to Svida. The information provided by the driver, conductor and other crew of the Vehicles or a representative of Svida, present inside the Vehicle to Svida with regard to the occurrence of any of such events specified above shall be conclusive evidence for Svida to take the aforestated action by it against the defaulting User.
The User agrees that the information provided by the driver, conductor and other crew of the Vehicles or a representative of the Operator, present inside the Vehicle to Svida with regard to the occurrence of any of such events specified above shall be conclusive evidence for Svida to initiate or take the aforestated action by it against the defaulting User.
- The User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, by hacking, password ‘mining’ or any other illegitimate means.
- The User shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You shall not reverse look-up, trace or seek to trace any information on any other User or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform. Further, You shall not reverse engineer or access the Platform in order to (a) design or build a competitive product or service; or (b) copy any idea / feature / functions of the Platform.
- The User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Svida or the brand name or domain name used by Svida, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Svida on any platform or otherwise tarnish or dilute any of Svida’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Svida. The User agrees to not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Svida’s systems or networks, or any systems or networks connected to Svida.
- The User shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and Rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations regarding the User’s use of Platform. The User shall not engage in any transaction which is prohibited by the provisions of any applicable law for the time being in force.
- The User acknowledges and agrees that Svida is not responsible for any unauthorised use of any personal information that the User publicly discloses or shares with others on the Platform.
- The User shall avail of the Services by purchasing through his Svida account the subscription packages as available on the Platform by using the Payment Facility (formerly known as “Credits”).
- All payments made by the User towards the purchase the subscription packages through the Payment Facility shall be reflected on the User’s wallet in the User’s Svida account in the form of rides, which is a closed system payment instrument within the meaning of the master circular issued by the Reserve Bank of India.
- It is agreed by the User that once the rides are purchased, they are final and shall not be refundable for any reason whatsoever.
- If the User does not avail the Services for a continuous period of 30 days from the date of purchase, then any unused Credits lying in the User’s Wallet in his Svida account may be forfeited by Svida at its sole discretion. However, Svida at it’s own discretion, may, upon his request made through the Platform, transfer the Credits available in the Svida account of the User, to the Svida account of another User registered on the Platform which are non-refundable. However, the transferee cannot obtain any money equivalent for the unused Credits so transferred.
- While availing of the Payment Facility, Svida will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
i. Lack of authorization for any transaction/s, or
ii. Unauthorized/ illegal use of the Credits, or
iii. Exceeding the pre-set limit mutually agreed by and between the User and bank(s), or
iv. Any payment issues arising out of the transaction, or
v. Decline of transaction for any other reason/s.
- All payments made by the User against the Services through the Payment Facility shall have Indian Rupees as the underlying currency. The Platform will not facilitate transaction with respect to any other underlying currency with respect to the transactions done on the Platform.
- All commercial terms relating to the Services are as per bipartite contractual obligations between the User and Svida and the Payment Facility is used by the User to facilitate the completion of the transaction. Use of the Payment Facility shall not render Svida liable or responsible for the non-payment, damage, breach of representations and warranties, non-provision of the Services or fraud as regards the Services offered through the Platform.
- You understand, accept and agree that the Payment Facility provided on the Platform is neither a banking nor financial service but is merely a facility providing an electronic, automated online electronic payment and remittance for the transactions on the Platform using the existing authorized banking infrastructure and payment gateway networks. Further, by providing Payment Facility on the Platform, Svida is neither acting as a trustee, agent, collaborator of banking organisation or payment gateway networks nor acting in a fiduciary capacity.
- Svida reserves the right to refuse to process requests for availing the Services by User with a prior history of questionable charges including without limitation breach of any agreements by the User with Svida or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
- The User acknowledges that Svida will not be liable for any damages, interests or claims etc. resulting from not processing a request for availing the Services by the User or any delay in processing such request for Services which is caused due to technical reasons and/or is beyond the control of Svida.
- The User shall be issued an online receipt on making a booking through the use of the Platform.
VII. LIMITATION OF SVIDA’S LIABILITY
- Neither Svida nor any of its directors, officers, employees, and agents shall be liable for any losses, direct or indirect, special, punitive, exemplary, or consequential damages of any kind, including but not limited to lost profits, arising from the use of the Services. Any claim against other passengers or Users shall be pursued by the User directly with any of them and Svida shall not be impleaded as a party to any such claim.
- Svida is hereby authorized by the User to use the location based information provided by any of the telecommunication companies when the User uses the mobile phone to avail the Services. The location based information will be used only to facilitate and improve the probability of locating a Vehicle for the User.
- Svida shall be entitled at any time without giving any reason to terminate the booking on the Vehicle done by the User.
- If any User misses the Vehicle for no fault of Svida, Svida will not be liable for paying any compensation or refund to the User or for making any alternative transportation arrangements for the User.
- Subject to the terms specified herein, Svida shall, on best effort basis, make an alternate arrangement only if the Vehicle has not reached the designated pick-up point due to reasons attributable to Svida.
- Svida encourages all the Users to take full responsibility of his/her items. In case of lost items during the journey, Svida will assist in locating the items, but shall not be responsible in any manner whatsoever for the loss or damage to the same. If the User leaves any goods inside a Vehicle or has any complaint in respect of the Services or the use of the Vehicle, the User has to inform Svida of the same in writing within 24 hours of using the Services. The User waives the right to make any claims against Svida under this clause.
- Svida shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions as available on the Platform on the date that Svida may indicate that such addition, variation or amendment is to come into effect.
- It is expressly made clear to You hereby that Svida does not own all of the Vehicles nor does it directly or indirectly employ the drivers/conductors for all the Vehicles. For the Vehicles owned and the staff therein employed by third parties, Svida disclaims any and all liability in respect of the drivers, the conductors, helpers and other crew and the Vehicles alike. However, Svida encourages You to notify it of any complaints that You may have against such driver / conductors of any Vehicle that You may have hired using the Platform.
- The User waives the right to claim any damages / losses from Svida caused due to actions or omissions of other Users or his co-passengers in the Vehicle.
- If Svida has suspicion or knowledge, that any User is involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Svida may while reserving its rights to initiate civil and/or criminal proceedings including filing of complaints against such User may also at its sole discretion suspend, block, restrict, disqualify that User and any related users from using the Platform.
- Svida reserves its right to initiate civil and/or criminal proceedings against a User who files an invalid and / or false claim or provides false, incomplete, or misleading information or makes misrepresentation or is engaged in illegal activities or engages in illegal activities during the course of availing the Services.
- Every effort is made to keep the Platform up and running smoothly. However, Svida takes no responsibility for, and will not be liable for the Platform being temporarily unavailable due to technical issues or due to any reasons beyond Svida’s control.
- The User acknowledges that, the liability of Svida if any, shall not exceed the amount that has been paid by the User on the Platform with respect to the booking, under which the User is claiming damages.
VIII. DISCLAIMER OF WARRANTIES AND LIABILITY
This Platform and the Services, included on or otherwise made available to You through the Platform are provided on an ‘as is’ and ‘as available’ basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Svida does not warrant that:
- This Platform will be constantly available, or available at all times; or
- The information on this Platform is complete, true, accurate or non-misleading; or
- The Services will meet the User’s requirements; or
- The Services will be uninterrupted, suitable, reliable, safe, timely, secure, or error-free; or
- Services once accepted will definitely be performed.
Svida 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.
IX. INTELLECTUAL PROPERTY RIGHTS
- Svida is the sole owner or lawful licensee of all the rights to the Platform and its content. Platform content means its design, layout, text, images, graphics, sound, video etc. All title, ownership and intellectual property rights in the Platform and its content shall remain with Svida.
- All rights not otherwise claimed under this Agreement or by Svida are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Svida does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this Platform, or information displayed, or obtained by You as a result of an advertisement or any other information or offer in or in connection with the Service.
- We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information on this Platform is provided “as is” with no guarantee of completeness, accuracy, timelines or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
- Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
- Svida reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Platform.
- You may use information, if any, on the Services purposely made available on the Platform, provided that, You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
- Material on Platform 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 the prior written consent of the owner, modification of the materials, use of the materials on any other website 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.
- Trademark complaint: Svida respects the intellectual property of others. In case You feel that your Trademark has been infringed, You can write to Svida at firstname.lastname@example.org
Svida reserves the right to terminate access to certain areas or features of the Platform at any time for any reason whatsoever, with or without notice. Svida also reserves the universal and unconditional right to deny access to particular User(s) to any/all of Services available on the Platform without any prior notice/explanation in order to protect the interests of Svida and/or other Users of the Platform. Svida reserves the right to limit, deny or create different access to the Platform and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice.
XII. APPLICABLE LAW AND JURISDICTION
XIII. ENTIRE AGREEMENT
XIV. CONTACT US
Please contact Us at email@example.com for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
XV. GRIEVANCE OFFICER
- In accordance with Information Technology Act, 2000 and Rules made there under, the name and contact details of the Grievance Officer are provided below:
SVIDA Mobility Private Limited
Talwar Tower, 1st Floor Industrial Area (Ie),
Sanathnagar, Hyderabad- 500018,
Time: 10.00 am to 07.00 pm (Monday thru Friday)
- Any person aggrieved or suffers as a result of access or usage of the Platform can notify the Grievance Officer in the form of a written complaint within 5 (five) business days of the act. The Grievance Officer shall redress the complaints within 1 (one) month from the date of receipt of the complaint.