Please note that the Company does not provide transportation services to any party and is not a transportation carrier. It is up to individual users, both car owners and co-travellers, to offer and accept transportation services which may be scheduled through use of the car-pool platform or services. The Company offers information and a method to obtain transportation for and from third parties, but does not and does, not intend to, provide transportation services or act in any way as a transportation carrier. The Company accepts no responsibility or liability for any transportation services provided by or to any user and expressly disclaims any liability with regard to any user's claims against the Company in connection with such user's use of the Company platform and/or services. By creating an account with the company and using the Company services, you agree that you are using those services at your own risk.
Car Pool or Car Sharing or Ride Sharing means sharing of the personal vehicle by the Individual with the co-traveller for a pre-determined journey at a mutually agreed Cost Contribution.
Car Pool Platform Pool Platform means an online platform like a mobile app or website developed by the Company, which facilitates car owners to offer rides and co-travelers to find and book such rides.
Cost Contribution means amount of consideration payable by the Co-traveller to the Car owner towards the cost of the Trip.
Company means Meru Connect Private Limited or such other legal entity as may be constituted from time to time.
Co-Traveller means an individual Member sharing ride with the car-owner and includes all other individuals who share the ride with the car-owner at mutually agreed Cost Contribution.
Car-Owner means a Member who through the Company Platform offers to share a car journey with the Co-traveller in exchange for Cost Contribution.
Member or User means an individual registered on the car-pool platform of the Company. Service means any services rendered by providing car-pool platform to any Member by the Company.
To avail the Services each Member is required to create a user account on car-pool platform of the Company by providing its personal information or create a user account via third Party service providers such as Facebook. By doing so, You agree to provide your personal information as well as your third party log-in information as is permitted by your third party provider. Members who are Car-owners are also required to provide their personal background and car details which include but are not limited to car, make, car-model, year of registration; car colour, car registration number, personal preferences etc. By providing your personal information, you authorize the Company to carry out your Comprehensive background check on your identity and update that Comprehensive Background Check from time to time on Car-pool platform at its sole discretion. It is agreed that the Company shall not create user account of such individual who fails in background check and is not as per Company standards and policy. Use of the Site is limited to those over the age of 18 years at the time of registration. As part of the functionality of the Car-pool Platform and Services, you may be able to create an account and log in via third party service providers such as Facebook. By doing so, you may provide the Company with information relating to those third party providers. You may do this by providing your third party login information through the Car-Pool Platform or by permitting the Company to access your third party log in information as is permitted by your third party provider. By doing so, you represent and warrant that you are entitled to disclose your third party account log in information to Company and/or grant Company access to your third party account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable your third party account and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by such third party service providers. By granting the Company access to any your third party account, you acknowledge that the Company may access, make available and store (if applicable) any content that you have provided to and stored in your third party account so that it may be available on and through the Car-pool Platform via your account, including without limitation any friend, contacts or following/followed lists, and that the Company may submit and receive additional information to your third party account as indicated herein. Unless otherwise specified in this Agreement, content derived from your third party account, if any, shall be considered to be information that you agree to share with the Company for purposes of this Agreement. Depending on which of your third party accounts that you choose to share with the Company, and subject to the privacy settings that you may have set in each of your third party accounts, personally identifiable information that you post to your third party accounts may be available on and through the Car-pool Platform. Please note that if any or all of your third party accounts becomes unavailable or Company access to your third party accounts is terminated for any reason, then the information that you have provided to Company via your third party account may no longer be available on and through Car-pool Platform. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. The Company makes no effort to review any content you provide via your third party accounts for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Company is not responsible for any violation of any terms of your agreement with respect to any of your third party accounts.
Members agree and accept that all of the information they provide to the Company when setting up their user account and at any other time shall be true, correct, complete and accurate in all respects. Members also agree that any information supplied to the Company or posted on the Site in connection with any Trip, Vehicle or Car Sharing will be true, accurate and complete. For any false information members will be held liable in person.
Unless expressly agreed by the Company, Members are limited to one user account per Member. No user account may be created on behalf of or in order to impersonate another person. The Company reserves the right to block the user account of suspicious user and may report to the police of such suspicious activities of the individual.
The Car-pool Platform and the Services are strictly limited to providing a Service for Car Owners and Co-Travelers to car share in a private capacity. The Services may not be used to offer or accept car sharing for hire or reward or for profit or in any commercial or professional context. The Services may be used only to offer or accept car sharing in exchange for sharing the cost of the Trip between the Car Owner and the Co-Traveler.
Car Owners agree not to obtain any hire or reward or make profit in any form, from any Trip. The Cost Contribution may only be used to discharge the Car Owner's costs and may not be used to generate any hiring charges or reward or profit in any form for the Car Owner. The Car Owner is not entitled to make profit by virtue of the amount of the Cost Contribution, the types of Trips offered by a Car Owner, the frequency of such Trips or the number of Co-Travelers transported. This applies to all activities, arrangements and Services booked using the Car-Pool Platform and any additional services or activities which may be agreed between Car Owner and Co-Traveler through the Car-pool platform.
The Car Owner must not provide any additional services to the Co-Traveler in exchange for hiring charges or any reward or for profit or otherwise (and the Co-Traveler may not accept or ask for any such services) including (without limitation) package delivery, waiting time, additional drop offs and pick-ups and collecting additional Co-travellers (other than the Co-Traveler).
All Trips, collection points and destinations must be pre-agreed through the Car-pool Platform between the Car Owner and Co-Traveler. Car Owners may not collect any Co-Travelers from any location which has not been pre-agreed with the Co-Traveler through the Car Pool Platform. The Company shall not be involved in determination of the Cost Contribution between Car-Owner and Co-Traveller. The Company shall not be liable for any loss or damage incurred by a Member as a result of any breach by Member of these Conditions including where any car-owner (in breach of terms) offers Services through Car-pool Platform or any break-down of the car during the journey or any offerings of trips in violation of the Conditions shall be at the sole risk of such Member.
The Co-travellers shall be required to maintain a payment wallet of Paytm for making the payment to the Car Owner. Similarly, the Car Owner needs to maintain a payment wallet of Paytm to receive the cost share amount for the ride. The terms and conditions applicable of wallet payment shall be applicable to both Car Owner and Co-traveller. The Cost Contribution is mentioned upfront by the car owner on the car-pool platform and this Cost Contribution transfer is facilitated by the Company through Paytm wallet or such other wallet as may approved by the Company from time to time when the event is triggered from Member's side. The user pledges not to make any settlement of cost contribution amongst themselves by by-passing the payment mode prescribed the Company. The Company will not contact either party and will take no steps to manage the trip booking. The execution of trip shall be solely managed by the respective car-owner and co-traveller(s). The Company shall on trip start facilitate the cost contribution to the car-owner through wallet transfer facility. Any fees that the Company may charge you for use of the Car-Pool Platform or its Services are due immediately and are non-refundable once paid to the Company. This no refund policy shall apply at all times regardless of your decision to terminate your account with the Company, our decision to terminate your account, and any disruption or interference with your use of the Car-Pool Platform or the Company's Services whether planned, accidental, intentional, or otherwise. The Company reserves the right to determine applicable pricing for all of the Services and you agree, by using the Services, to be responsible for all fees and financial terms as determined by the Company. We encourage you to check the Company's Car-Pool Platform and the Car-Pool Platform you have downloaded to your mobile device to confirm the fees charged for your use of the Services from time to time.
The Car Owner agrees and undertakes to take out and maintain a comprehensive insurance to cover third party liability, the occupants of the Vehicle and the Trip offered or booked through the Car-pool Platform. The Car Owner agrees that they will, on request, provide the Co-Traveler with evidence, in advance of the Trip, of the complete validity of its insurance policy. The Car Owner also undertakes to hold a valid driving licence and that the Car Owner will own or will be entitled to use the Vehicle and that the Vehicle will have a valid PUC (Pollution Under Control) certificate and the Co-Traveler is entitled to request evidence of the Car Owner's insurance, registration certificate ('log book'), driving licence and PUC certificate at any time up to completion of the Trip.
It is Company's understanding that governmental authorities take the view that a Co-Traveler who contributes only towards travel expenses is treated as travelling without hire or reward to the driver, and is therefore a third party passenger who is covered by comprehensive third party insurance policy in India. However the Company gives no warranty or assurance in this regard and it is the Car Owner's responsibility to verify that their insurance provides adequate cover. It is up to each Car Owner and Co-Traveler to confirm with each other that the Car Owner is covered by valid insurance. The Car Owner must confirm that their insurance policy allows them to carry Co-Travelers and that their insurance policy covers all Co-Travelers and any accident or incident which may occur during a Trip.
The Car Owner and the Co-Traveler are aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Car Owner had made or was seeking to make a profit.
The Car Owner may collect no payment from the Co-Traveler other than the Cost Contribution and the Car Owner must not in any event provide vehicle on hire or for reward in any form.
The Car Owner therefore undertakes to calculate their expenses (fuel, toll, maintenance, repairs, depreciation and insurance of their vehicle) and guarantees that the total Cost Contributions requested from their Co-Travelers does not result in the vehicle running for hire or for reward. If the Car Owner does receive any hiring charges or reward, or if the insurers repudiate or refuse to accept any claim arising during a Trip for any other reason, the Car Owner will be responsible for the financial consequences, losses and damages arising and the Company will not be liable under any circumstances to the Car Owner or the Co-Traveler. The Company reserves the right, but not the obligation at its own discretion, to suspend / block immediately the account of a user including the money displayed and to make aware to competent authorities any professional activity.
The Company does NOT provide Transportation services, being only a mean of supporting Ride Sharing as a way to benefiting its users. Therefore, when requiring or accepting to share a ride, the users understand that the Company does not have any direct bond with any user, just easing the Car Owner – Co-Traveller contact. The user understands and agrees that the Company cannot be held responsible for any acts or omissions by any user, including but not limited to be those robbery, thievery, missing an appointment due to any act, argument and others, including the effective compliance with the Users' obligations. The user understands and accepts that upon registering and accepting the Service policies, has done it at the users own risk. The Company recommends that every transaction is made with good sense.
The user agrees to compensate and exempt the Company and its representatives from any complaints, law suits, losses responsibilities, damages and expends, including reasonable lawyer fees and law cost for any damage that they cause or suffer.
It is optional and recommended that the users rate every other user they travel with, rating them with grades or leaving a comment about the shared ride. The Ratings are of exclusive use of the Company, in order to provide a better service to users. We hold the right to exclude/block users from the Company / Car-Pool Platform in case of too many complaints or poor ratings. Ratings can be published in the Car-Pool Platform and seen by every individual who makes a search on the Company. The Company has the right to use the Ratings as a mean of improving the service provided, internally or externally.
The format and content included on the Car-pool Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company and its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws.
All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to the Company or its affiliates which appear on the Car-pool Platform. The Car-pool Platform or any portion of the Car-pool Platform may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of the Company. No person is entitled to systematically extract and/or re-utilise parts of the contents of the Site without the express written consent of the Company. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Car-pool Platform is strictly prohibited.
By displaying content on this Site, Members expressly grant a license to the Company to display the content and to use it for any of our other business purposes.
Members of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content which is contrary to Company's policy and Company does not accept liability in respect of such content, and the Member responsible will be personally liable for any damages or other liability arising and agrees to indemnify the Company in relation to any liability it may suffer as a result of any such content. However as soon as Company becomes aware of infringing content, Company shall do everything it can to remove such content from the Car-pool Platform as soon as possible.
The Company foresees that special conditions to women may be offered, looking to provide comfort and convenience to this share of users. However, the Company does not assure: (i) this service will comply with the user's needs; (ii) this service will work 24 hours a day with any interruption; (iii) that this servicee Error free and completely safe; (iv) that the information provided by other users is real.
The Company provides these Services in the capacity of independent contractors, and no agency, partnership, joint venture, employee-employer, franchisor-franchisee or any similar relationship is intended or created by this Agreement.
Please note that the Company may terminate this Agreement and your account at any time and for any reason, this includes but is not limited to the forth mentioned reasons a) If you have breached any provisions of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms), b) If the Company is required to do so by law.
We maintain sole discretion to bar your use of service in the future, for any or no reason. Even after your participation on Car-Pool Platform is terminated, this agreement will remain in effect.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY DOES NOT PROVIDE ANY WARRANTY RELATED WITH THE USE OF SERVICES AND YOU USE THE SERVICES PROVIDED BY THE COMPANY AT YOUR OWN RISK. YOU ALSO UNDERSTAND AND AGREE THE COMPANY DOES NOT WARRANT THAT IT WILL MEET YOUR REQUIREMENTS, ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE, COMPLETE, CURRENT, UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE (INCLUDING SPECIFICALLY FROM SERVER DOWNTIME), OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE ANY OTHER ELECTRONIC DEVICE OR LOSS OF DATA OR ANY OTHER KIND OF ELECTRONIC MALFUNCTION THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY AND THROUGH ITS SERVICE WILL CREATE ANY WARRANTY WHETHER EXPRESSLY STATED HEREIN OR NOT, INCLUDING WITH RESPECT TO DRIVER OR PASSENGER SAFETY.
WE CANNOT AND DO NOT TAKE RESPONSIBILITY OF USERS OF OUR SERVICE AND WE DO NOT CONFIRM THEIR PURPORTED IDENTITY. YOU UNDERSTAND THAT OTHER USERS MAY USE OFFENSIVE, HARMFUL, INCORRECT, MISLEADING OR DECEPTIVE INFORMATION. PLEASE USE CAUTION AND COMMON SENSE WHEN USING OUR CAR-POOL PLATFORM AND ITS SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS SHALL NOT BE LIABLE AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY RIDE YOU REQUEST OR PROVIDE THROUGH THE COMPANY SERVICE, NOR DOES THE COMPANY WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY MISBEHAVIOR, PROPERTY DAMAGE, INCLUDING TO YOUR VEHICLE, PERSONAL INJURY, UP TO AND INCLUDING DEATH, THAT OCCURS AS A RESULT OF THE RIDE OR YOUR USE OF THE SERVICE AND ANY DISPUTE ARISING AMONG YOU AND THE OTHER USERS OF OUR SERVICE.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR ANY HYPERLINKED CAR-POOL PLATFORM OR SERVICE, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You agree to indemnify and hold harmless the Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, suits, legal proceedings and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claims or damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code; or (vii) any and all claims or damages (alleged or actual) that arise as a result of a ride that you provide as a Driver or a ride that you take as a Passenger.
The Company may make changes to the terms from time to time. We keep the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. All changes/revisions would become effective immediately upon being posted at the Car-Pool Platform. Continued use of the Car-Pool platform by user, after amendments are posted, it implies an acknowledgment and acceptance at your end of the Agreement and its modifications.
All the disputes and differences arising between the parties hereto, including any dispute or difference in regard to the interpretation of any provision or term hereof or the meaning thereof, or in regard to any claim of one party against the other or in regard to the rights and /or obligations of any party or parties hereto under this agreement or otherwise, howsoever, shall be referred to an Arbitral Tribunal consisting of a Sole Arbitrator appointed by the Company and the said Arbitrator shall not be related, directly or indirectly, as an employee, agent, dealer or representative of either party or otherwise interested in either party or its business or that he/she has expressed any opinion in regard to the subject matter of the dispute in question at any time, to either party. Such Arbitration shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 and the Laws of India shall prevail.