This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the Information Technology Act, 2000 and rules made there under.
1. Electronic Media
1.1 Please note that (a) the domain name https://evcityride.com/ (the “Website”); and (b) the software application for use on small, wireless computing devices such as smartphones and tablets and also for use on desktop or laptop computers (“Application”) ((a) and (b) here in after collectively referred to the “Electronic Media”) is owned, controlled, managed and/or operated by H2H Intercity Solutions Private Limited, a private limited company incorporated in accordance with the laws of India, either itself and/or through its parent company, its subsidiaries or its affiliates (here in after collectively referred to as the (“Company”).
2. Legal Agreement
2.1 These terms and conditions of use (‘’Terms of Use’’) govern the use and access of Electronic Media and availing of the Services (defined below) on the Electronic Media; and constitutes a legal agreement ("Agreement") between the Company, and you/yourself/yourselves (“User(s)”). If you continue to use and/or access registration or avail the Services offered by the EV Cityride’s platform and browse the Electronic Media, you are agreeing to comply with and be bound by the Terms of Use.
2.2 In addition to the aforementioned, your use and access to the Electronic Media and the services provided by us through the Electronica Media, is subject to the guidelines, rules, privacy policy, terms, conditions and/or other applicable policies and procedures (“Company Policies”) applicable to such Service, which shall be posted on the Electronic Media from time to time. Unless otherwise provided for in any specific Company Policy, the Company Policies shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of hereof. Therefore, by impliedly or expressly agreeing to be bound by the Terms of Use, you also agree to be bound by the Company Policies, as may be updated, amended or revised from time to time. In case, you do not agree with the Terms of Use, please do not access and use the Electronic Media related to the Company or our Service (defined later) through all other means.
2.3 EV Cityride reserves the right, to modify or replace, in part or full, any of these Terms of Use, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Electronic Media at any time.
2.4 EV Cityride shall not be required to notify the User of any changes made to these Terms of Use. The revised Terms of Use shall be made available on the Electronic Media. The User is requested to visit the Website and/or Application to view the most current Terms of Use. The User can determine when EV Cityride last modified the Terms of Use by referring to the “Last Updated" legend above. It shall be User’s responsibility to check these Terms of Use periodically for changes. EV Cityride may require the User to provide User’s consent to the updated Terms of Use in a specified manner prior to any further use of the Electronic Media and the Services. If no such separate consent is sought, User’s continued use of the Electronic Media, following the changes to the Terms of Use, will constitute User’s acceptance of those changes. User’s use of the Electronic Media and the Services is subject to the most current version of the Terms of Use made available on the Electronic Media at the time of such use.
3. Registration and Account
3.1 The User hereby understands and acknowledges that he/she has attained at least 18 (eighteen) years of age and is competent to contract under the Applicable Law(s) and thereby can register on the Electronic Media after complying with the requirements of this Clause and by entering their Registration Data.
3.2 The User shall ensure that the Registration Data provided by him/her in the Account is accurate, complete, current, valid and true and is updated from time to time. The Company shall bear no liability for false, incomplete, old or incorrect Registration Data provided by the User.
3.3 The User is solely responsible for maintaining the confidentiality of his/her Registration Data and will be liable for all activities and transactions that occur through the User’s Account, whether initiated by the User or any third party. It has been agreed that the User shall not authorize any third parties to use his/her Account, and may not allow any persons under the age of 18 to receive transportation services from Service Providers unless they are accompanied by the User himself/herself. The User’s Account cannot be transferred or assigned to a third party. The Company shall not be liable for any third-party claim with respect to any loss that the User may have incurred as a result of someone else using the User’s password or Account, either with or without User’s knowledge or any third party have incurred upon usage of Services provided by EV Cityride through the User’s account, whether with or without User’s knowledge.
3.4 The Company reserves the right to suspend or terminate User’s Account with immediate effect and for an indefinite period, if the Company has a reason to believe that the Registration Data or any other data provided by the User is incorrect or false, or that the security of the User’s Account has been compromised in any way, or there is a breach of terms and conditions of these Terms of Use or upon any unauthorised use of User’s Account by any third party or for any other reason the User may find just or equitable.
3.5 It is the User’s responsibility to check and to ensure that the User downloads the correct application for his/her device. The Company shall not be liable if the User does not have a compatible mobile device or if the User downloads the wrong version of the Application for his/her mobile device.
3.6 The Company allows the User to open only one Account in association with the Registration Data provided by the Users. In case of any unauthorized use of the User’s Account please immediately inform the Company at [email protected].
3.7 In case, User is unable to access his/her Account, the User needs to inform the Company at [email protected] and make a written request for blocking the User Account. The Company will not be liable for any unauthorized transactions made through the User’s Account prior to the expiry of 72 (seventy two) hours after the User has made a request in writing for blocking the User Account, and shall not have any liability in case of a Force Majeure Event.
3.8 EV Cityride reserves the right to modify, terminate or suspend the Services to the User at any time without prior notice due to any changes in internal policy or due to the Applicable Laws or any breach of these Terms of Use by the User or for any reason whatsoever. The User may terminate his/her Account by submitting a request to EV Cityride at [email protected]. However, in either case, all previous service requests shall stand voided, and no refund or Service-related deliverable shall be provided. EV Cityride will make every effort to respond to the User’s request for termination at the earliest. However, the User will remain responsible for all the transactions that occurred prior to termination of User’s Account.
3.9 You may, by giving a written notice to us at the following email address [email protected], terminate or deactivate or delete your account at any time and/or remove any data or files uploaded by you on the account or request us to do the same. Provided that such deactivation or termination either by you or by us will not prejudice any of your past lawful acts on the Electronic Media.
4. User Content
4.1 Except for the Registration Data or any other data provided, posted, uploaded or submitted by the User on the Electronic Media during the use of any of the service offered through the Electronic Media, the Company does not want the User to, and the User should not, send any confidential or proprietary information to the Company on the Electronic Media or otherwise, unless otherwise is required by Applicable Laws. In accepting these Terms of Use, the User agrees that any information or materials that the User or individuals acting on the User’s behalf provide to the Company through the Electronic Media other than the aforementioned will not be considered confidential or proprietary.
4.2 EV Cityride will be entitled to process and transfer User’s information as and when it deems fit and it may store or transfer user’s information in a server outside India or the country where the User is located in order to perform EV Cityride’s obligations under this Terms of Use, Company Policies and Applicable Laws.
4.3 The User agrees to grant EV Cityride a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights which the User has in User’s information, in any media now known or not currently known, with respect to User’s information. The user agrees and permits EV Cityride to share user’s information with third parties in accordance with the applicable laws and privacy policy.
4.4 Further, EV Cityride shall store the information provided by the User including without limitation the recordings of User’s calls between the Company’s executive and the User for their conversation regarding the Services of the Company or any/all Service-related matters. The User shall promptly inform EV Cityride on any change in the information provided by the User to EV Cityride in respect to the Services availed on the EV Cityride platform.
4.5 EV Cityride reserves the right, but have no obligation, to monitor the content posted or the program me content materials posted on the Electronic Media. EV Cityride shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any Applicable Law or either the spirit or letter of these Terms of Use. Not with standing this right of EV Cityride, User remains solely responsible for the content of the materials he/she may post on the Electronic Media and in the private messages (as applicable). Please be advised that such content posted does not necessarily reflect EV Cityride’s views. In no event shall EV Cityride assume or have any responsibility or liability for any content posted/shared or for any claims, damages or losses resulting from use of content and/or appearance of content on the Electronic Media. The User hereby represents and warrants that he/she has all necessary rights in and to all content the User provides and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
5. Privacy
5.1 When you become a User, then and during your use of the Electronic Media and/or Services, you will provide us with certain information and other data as aforesaid that may or may not be otherwise publicly available. We will respect the privacy of such data as per our Privacy Policy which is available at https://evcityride.com/privacy Policy. We will only collect, use, disclose or process your data in accordance with our Privacy Policy, which you accept by your continued use of the Electronic Media and/or the Services. We will share your data with other parties only as set out in our Privacy Policy.
5.2 In addition to and not in contravention of the terms, measures and procedures regarding storing and securing the data and information on the Electronic Media as stipulated in the Privacy Policy, you acknowledge, accept and agree that the Company utilizes standard security configurations for securing data and information on the Electronic Media which is reasonable and sufficient security practice and procedure as per the industry standard and for the purposes of Information Technology Act, 2000 and the rules and regulations made thereunder. The User agree that in case of any leakage, destruction, unauthorized access or the like to information stored on the Company’s Electronic Media, they waive their right to file a complaint for compensation under all Applicable Laws.
6. Use of Electronic Media
6.1 The User agrees, undertakes and confirms that User’s use of Electronic Media shall be strictly governed by the following binding principles:
6.1.1 User shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which User do not have any right to; or interferes with another user's use and enjoyment of the Electronic Media or any other individual's user and enjoyment of similar services; or
(b) that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of another person; or
(c) misleading in any way; or
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
(e) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or" spamming"; or
(f) infringes upon or violates any rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; or
(g) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
(h) provides material that exploits people in asexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
(i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
(j) contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his/ her guardian in the case of minor; or
(k) tries to gain unauthorized access or exceeds the scope of authorized access to the Electronic Media or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Electronic Media or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
(l) engages in commercial activities and/or sales without EV Cityride’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual" items related to the Electronic Media. Throughout these Terms of Use, our "prior written consent" means a communication coming from EV Cityride’s authorized representative, specifically in response to User’s request, and specifically addressing the activity or conduct for which User’s may seek authorization; or
(m) interferes with another user's use and enjoyment of the Electronic Media or any other individual's user and enjoyment of similar services; or
(n) refers to any website or URL that, in EV Cityride’s sole discretion, contains material that is inappropriate for the Electronic Media, contains content that would be prohibited or violates the letter or spirit of these Terms of Use; or
(o) harm minors in any way; or
(p) is fraudulent or involve the sale of counterfeit or stolen items; or
(q) violates any law for the time being in force; or
(r) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
(s) impersonate another person; or
(t) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information or attempt to interfere with the proper working of the Electronic Media or any transaction being conducted on the Electronic Media; or
(u) 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 cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
(v) is false, inaccurate or misleading; or directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law, rule, regulation or guideline for the time being in force; or
6.1.2 The User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Electronic Media or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Electronic Media or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Electronic Media. We reserve the right to bar any such activity as and when detected or deemed appropriate.
6.1.3 The User shall not probe, scan or test the vulnerability of the Electronic Media or any network connected to the Electronic Media nor breach the security or authentication measures on the Electronic Media or any network connected to the Electronic Media. The User may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Electronic Media, or any other customer of EV Cityride, including any of EV Cityride’s account not owned by the User, to its source, or exploit the Electronic Media or any Service or information made available or offered by or through the Electronic Media, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Electronic Media.
6.1.4 The User agrees he/she will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Electronic Media or EV Cityride’s systems or networks, or any systems or networks connected to the Electronic Media.
6.1.5 The User may not use the Electronic Media or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of EV Cityride or others.
6.1.6 The User shall not use the services or Electronic Media in any manner that could damage, disable, overburden, block or impair any of the server connected to the Electronic Media. The User may not attempt to gain unauthorized access to the services through hacking, password mining or any other means.
6.1.7 The User may not reverse engineer, decompile and disassemble any software used to provide the Services by EV Cityride.
6.1.8 The User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about EV Cityride or the brand name or domain name used by EV Cityride or the Services provided by EV Cityride or otherwise engage in any conduct or action that might tarnish the image or reputation of EV Cityride or its merchants on platform or otherwise tarnish or dilute any of EV Cityride’s trade or service marks, tradename and/or goodwill associated with such trade or service marks, trade name as may be owned or used by EV Cityride.
6.1.9 The User, by creating an Account under the provisions of these Terms of Use, authorizes us to call or SMS or email on his/her registered mobile number/ registered email address for the purposes of communicating information pertaining to the Services, Rides, feedback or offers or providing customer support. The Users shall also have the option to request EV Cityride to send him/her information regarding service, discounts and promotions provided by it. If the User requires EV Cityride to provide him/her with information regarding offers, discounts and promotions relating to the services availed by him/her, click "Yes", otherwise click "No". If User clicks "Yes", we or an authorised representative shall provide the above information to the User by way of call or an SMS or email to the User’s registered mobile number/registered email id. The User also has the option to discontinue receiving such information at any point of time. To discontinue receiving such information, User may at any point of time visit the specific link provided on Electronic Media to discontinue the same. Solely to enable EV Cityride to use the information so that it is not violating any rights, Users might have in the Information, User hereby agrees to grant EV Cityride a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights User has the information, in any media now known or not currently known, with respect to User’s information. We will only use User’s information in accordance with these Terms of Use and the Privacy Policy.
6.1.10 The User shall not engage in advertising to, or solicitation of, other users of the Electronic Media to buy or sell any products or services, including, but not limited to, services related being displayed on or related to the Electronic Media. It shall be a violation of these Terms of Use to use any information obtained from the Electronic Media in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Electronic Media.
6.1.11 The User understands that EV Cityride always has the right to disclose any information (including the identity of the persons providing information or materials on the Electronic Media) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, EV Cityride can (and User hereby expressly authorize EV Cityride to) disclose any information about User to law enforcement or other government officials, as it, in EV Cityride’s sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
6.1.12 It is possible those other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Electronic Media and that User may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about Users on the public forum due to User’s use of the Electronic Media, and that the recipient may use such information to harass or injure the User. EV Cityride does not approve of such unauthorized uses but by using the Electronic Media. The User acknowledges and agree that EV Cityride shall not responsible for the use of any personal information that the User publicly discloses or shares with others on the Electronic Media. The User should carefully select the type of information that he/she publicly discloses or shares with others on the Electronic Media, or from the Electronic Media on other social platforms (e.g., but not limited to Facebook).
6.1.13 EV Cityride shall have all the rights to take necessary action and claim damages that may occur due to User’s involvement/participation in any way through User or through group/s of people, intentionally or unintentionally causing hindrance in provision of Services.
6.1.14 EV Cityride’s performance of these Terms of Use is subject to existing laws and legal processes of Government of India, and nothing contained in the Terms of Use is in derogation of EV Cityride's right to comply with law enforcement requests or requirements relating to User’s use of this Service or information provided to or gathered by EV Cityride with respect to such use. The User agrees that EV Cityride may provide details of User’s use of the service to regulators or police or to any other third party, or in order to resolve disputes or complaints which relate to the service, at EV Cityride’s complete discretion.
7. Services
7.1 The Company provides technology-based services for booking Vehicles in Dehradun and soon to launch other cities of India and you agree to avail the Services offered by the Company including vehicles as well as drivers or vehicle operators.
7.2 The Company shall take your booking through website, app or through call. Company shall have sole discretion to accept or reject any such request made by the User. Once the Company accepts your booking request, it shall notify you and provide you with the information regarding the vehicle as well as driver.
7.3 Services that are provided by the EV Cityride through app, website or call are mentioned below:
7.3.1 Airport Transfers: Such services are advised to be booked Two (2) hours in advance. We will provide you with details of the driver and vehicle nearest to the User’s location at the time of booking this service. Such details are provided 20 mins before the time slot booked by the User.
7.3.2 Rental Services: Such services are advised to be booked Two (2) hours in advance. We will provide you with details of the driver and vehicle nearest to the User’s location at the time of booking this service. Such details are provided 20 mins before the time slot booked by the User. However, such services are booked according to tariff plan which includes the Kilometres as well as for how much time the cab is to be rented. Users can choose whether they want to rent the services according to the Kilometres or time. In case, the kilometres or time is exceeded by the User, the Company will charge additional charges.
7.3.3 Corporate Tie Ups: Such services can be availed by corporate companies, hotels etc. This service works on lease basis, where User will specify the time period for which they are required to hire our services. The rate of such services will be communicated to the User according to their requirement.
7.3.4 Quick Rides: Such rides are available only on our mobile app and hence can be booked immediately and the company will allot the nearest driver. Prices of such services can vary time to time because of the time or demand of the services.
7.4 Depending upon the services availed by the User, Company shall make the efforts to allocate the driver who are in or around the User location at the time of their booking request made to the Company.
7.5 By using the Application or the Service, the User further agrees that:
7.5.1 The User will only use the Service or download the Application for his/her sole, personal use and will not for commercial purposes resell or assign it to a third-party;
7.5.2 The User will not use an account that is subject to any rights of a person, other than the User, without appropriate authorization;
7.5.3 The User will not use the Service or the Electronic Media for unlawful purposes or carry any materials equipment or material that is prohibited under the Applicable Law or the use of which can be used for any illegal purposes/activities;
7.5.4 The User will not try to harm the Driver, Electronic Media or EV Cityride’s network in any way whatsoever or cause any damage to the Vehicle;
7.5.5 The User will provide EV Cityride with such information and documents which EV Cityride may reasonably request;
7.5.6 The User will only use an authorized network to which it has access to for the purpose of availing service;
7.5.7 The User will comply with all Applicable Law from the User’s country of domicile and residence and the country, state and/or city in which the User is present while using the Electronic Media or Service;
7.5.8 The User is aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
7.5.9 The User will not, in his/her use of the Services, cause nuisance, annoyance, inconvenience, or property damage, to the Vehicle or any other party. In certain instances, the User may be asked to provide proof of identity to access or use the Services, and the User agrees that the User may be denied access to or use of the Services if you refuse to provide proof of identity.
7.6 EV Cityride reserves the right to immediately terminate the Service and the use of the Electronic Media in the event of non-compliance with any of the above requirements by the User.
7.7 The User is strictly prohibited from doing the following acts including without limitation: Smoking and/or drinking in the Vehicle, misbehaving with Driver, harass, slap, hurt, torture, extort, or assaulting the Driver in any manner, tear off any advertisement(s) material or promotional material placed in the Vehicle, disturb or distract the Driver while driving, make unnecessary noises, leave without paying, jump out of the Vehicle, abuse the Driver in any manner, doing acts which may harm the interiors of the Vehicle, causing fire in the Vehicle or doing any act in violation of the Applicable Laws.
7.8 In the event the User is found to be involved in the activities as set out above, the User shall be liable to pay a fine to EV Cityride and EV Cityride shall also have the right to terminate the Ride and/or User’s Account, immediately. Apart from the above rights EV City rights shall have right to appropriate legal action as per law.
7.9 In the event User fails to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law for recovery of the fine or any amount due and payable by User on account of loss, damages, costs and expenses that are incurred by the Company arising out of/or in relation to the illegal or unauthorised use of services or any act and omission on the part of the User in complying the terms herein. The User shall also be blacklisted as a result of non-payment of the fine or misbehaving or causing the a forementioned acts, as the case may be, and in such event, User’s Account may be terminated by EV Cityride.
8. Payment
8.1 The User will be charged the Total Ride Fee by EV Cityride in respect of each Ride towards the Services availed by the User through the Electronic Media. The User expressly acknowledges that the Total Ride Fee indicated on the platform at the time of booking is indicative only and may vary at the time of payment and ending of the Ride based on the actual trip undertaken (i.e. exact kilometres travelled, time taken to arrive at the location, change of location during the trip etc.)or such fee may change due to any exigencies in certain specific geographical areas (like curfews, road closures etc.), or due to the User opting for additional services; and the User will be liable to pay the actual Total Ride Fee as calculated and appearing on the Electronic Media at the end of each trip/Ride. EV Cityride will use reasonable efforts to inform you of the charges that may apply, provided that you will be responsible for any such charges incurred under your Account regardless of your awareness of such charges or the amounts thereof.
8.2 In addition to the above, User will be charged with a additional fees attributable to any toll duty, inter-state taxes, airport charges or any other charge/fee imposed by the governmental instrumentalities with regard to operation of the Vehicle at specific locations. The User acknowledges that the Additional Fee may be revised at the sole and absolute discretion of EV Cityride and such revised fee will be notified on the Electronic Media from time to time on the mode of booking by the User from time to time.
8.3 Further, the User shall be required to pay Cancellation Fee in case of a cancellation of the Ride in accordance with the terms of Clause of Cancellation Policy.
8.4 Upon the User opting for payment by cash option at the time of the booking, the Total Ride Fee will be collected by the Driver from the User at the end of the Ride.
8.5 EV Cityride shall provide a receipt and acknowledgement in respect of the Ride for the Total Ride Fee payable by the User at the end of the Ride and the User may raise a request for a copy of the invoices from the support page on the Electronic Media.
8.6 EV Cityride reserve the right to charge you any reasonable costs required to clean or repair the Vehicle attributable to you during a Ride and EV Cityride will collect payment for such costs. You shall be responsible for such cost of repair for damage to, or necessary cleaning of, the Vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”).
8.7 The User shall choose to pay for the Total Ride Fee (whether in whole or in part) by either of the following methods:
8.7.1 Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver. In case of any Additional Fee, it can also be paid by the User in cash, in which event the same will not be calculated while charging the Total Ride Fee.
8.7.2 Credit Card/ Debit Card/ Net Banking Payment: The User shall have the facility of making a payment online for the Total Ride Fee as maybe charged by EV Cityride for the Ride undertaken by the User. The Total Ride Fee in this regard may be paid by using the services of an entity providing a payment gateway/processor service (“Payment Gateway”), authorized by EV Cityride. Such Payment Gateway may either be provided by EV Cityride or any of its affiliates or partners or unrelated third parties. The User hereby agrees and undertakes to share relevant payment details including their credit/debit card details (“Card Details”) with the Payment Gateway for the successful completion of payment towards the Total Ride Fee to EV Cityride Application and authorize the Payment Gateway to complete such transaction(s).In this respect, it is clarified that all Payment Gateways whose services are utilized for the purposes of the Website and/or Application and/or services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. The User’s authorization permits the Payment Gateway to debit or credit the bank account associated with the User’s payment details. User’s authorization further permits the Payment Gateway to use User’s Card Details for the processing of transactions initiated by the User at any of EV Cityride’s affiliates. The User shall have the option to save the Card details or bank details for ease of payment in the next trip or Ride through EV Cityride as User’s authorization, as long as the User maintains an Account with EV Cityride on their Application. In the event the User deletes his/her Card Details with the Payment Gateway or if the User deletes the Account, the Payment Gateway will not process any further transactions initiated by the User at the Website or Application and at the sites of any of EV Cityride’s affiliates. User’s authorization under this clause is subject to any other terms and conditions of the Payment Gateway.
8.8 Any payment related issue, except when such issue is due to an error or fault in the Application and/or Website, shall be resolved between the User and the Payment Processor/Payment Gateway. EV Cityride shall not be responsible for any unauthorized use of the User’s Credit Card/ Debit Card/ Net Banking Payment during or after availing the Services on the Application and/or Website.
8.9 If the Company has a reason to believe that any payment instructions made on the User’s Account have been fraudulently made, the Company will suspend and deny the User any access to his/her Account in order to investigate and report the suspicious activity. Such suspension will continue in effect till the conclusion of the investigation.
9. Cancellation and Refund Policy
9.1 You may cancel your booking up to a certain time before the ride starts. If you cancel within the allowed time, you will not be charged. If you cancel after the allowed time, you may be charged a cancellation fee. Refunds for cancelled rides will be processed according to our refund policy.
10. Disclaimers, Waiver and Release
10.1 Except for EV Cityride’s limited role in processing payments that User’s authorize or initiate, EV Cityride is not involved in any underlying transaction between the User, any other customer, merchant, bank, Payment processor, Payment Gateway or other third party.
10.2 EV Cityride shall not be liable for the quality, safety, reliability, legality, delivery or any other aspect of any goods or service that User may purchase through any Third-Party Advertisers. The User’s use of the service is at his/her sole risk.
10.3 The service is provided on an "as is" and "as available" basis. EV Cityride disclaims all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness. Without prejudice to the forgoing paragraph, EV Cityride does not warrant that:
10.3.1 This Website and Application will be constantly available; or
10.3.2 This Website: information, content, materials, product (including software) or Services included on or otherwise made available to the User through the Website; their servers; or electronic communication sent from EV Cityride are free of viruses or other harmful components; and
10.3.3 Nothing on the Website will constitutes, or is meant to constitute, advice of any kind.
10.4 EV Cityride makes no express or implied representations or warranties about its Services or the Website and Application and disclaim any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. EV Cityride do not authorize anyone to make a warranty on EV Cityride’s behalf and User may not rely on any statement of warranty as a warranty by EV Cityride.
10.5 EV Cityride and its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from the User’s use or non-use of the Service or the Electronic Media, or User’s reliance upon the Service or the information contained upon the Electronic Media.
10.6 The User furthermore acknowledges and accepts that EV Cityride may not encrypt any content or communications from and to our Electronic Media.
10.7 The exchange of information, provision/availing of services, transaction by and between the third-party provider and user is done at your sole risk, and hence you agree that the company shall be in no event liable for any injury, losses, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with the aforesaid.
11. Customer Relationship Management
11.1 All issues, opinions, suggestions, questions and feedback while availing EV Cityride’s Services shall be communicated to us through the following email address [email protected]. In case of a Ride booked on the Application, User shall be required to rate the Driver after completion of the Ride. User hereby agrees to be fair, accurate and non-disparaging while leaving comments, feedbacks, testimonials or reviews on or about the Rides or Services.
11.2 Reporting of any issue needs to be within 7(seven) days of the happening of the issue, failing which, such issue will not be addressed. The User agrees and acknowledges that any and all issues/complaints/grievance a User has, must be communicated to EV Cityride only through the Electronic Media or to consumer helpdesk or grievance offices as stipulated in these Terms of Use of the Electronic Media and not on any other third-party platform/ social media channels.
11.3 The User shall be responsible and liable in respect of the wrongful allegation made and any issues posted on such other third-party platforms/social media. EV Cityride takes no liability for inability to get back or respond to any complaints made or content posted by the User about the Driver or EV Cityride on other channels.
11.4 EV Cityride shall endeavour to respond to User’s issues within 2 (two) working days of User’s reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, EV Cityride shall not be liable for any damages or losses in the event the User is not satisfied with any such resolution.
12. Indemnification
In addition, and not in derogation of the specific indemnities provided by you to the Company under these Terms of Use and/or Company Policies, you agree to indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, users and agents etc. (“Indemnified Parties”) against any/all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection there with and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against Indemnified Parties for breach of these terms by you.
13. Liability
13.1 The information, recommendations and/or Services provided to the User on or through the Electronic Media, website or mobile app are for general information purposes only and does not constitute advice. EV Cityride will reasonably keep the Electronic Media and its contents correct and up to date but does not guarantee that (the contents of) the Electronic Media is free of errors, defects, malware and viruses or that the same is correct, up to date and accurate.
13.2 EV Cityride shall not be liable for User missing trains/flights/events or delays etc as the Service is dependent on many factors not in EV Cityride’s control. User must book the Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays.
13.3 EV Cityride shall not be liable for any damages resulting from the use of or inability to use the Electronic Media, including damages caused by wrong usage of the Electronic Media, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the information or the or Application.
13.4 The User shall take full responsibility of his/her items and luggage. In case of lost items inside the Vehicle during the journey, EV Cityride will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same. If the User leaves any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, User shall have to inform EV Cityride of the same in writing within 24 (twenty-four) hours of using the Vehicle of EV Cityride. In the event it is found, User shall be informed about the EV Cityride office from where the User can collect it. EV Cityride however shall not be responsible for delivering the same back to the User.
13.5 EV Cityride does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
13.6 EV Cityride shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with EV Cityride. EV Cityride will not be responsible for appropriateness of mobile or email or any other communication medium. The User shall be responsible for immediately reporting the errors, if any, occurred in the information sent to the User regarding booking confirmation.
13.7 If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of EV Cityride shall be the minimum permitted under Applicable Law.
13.8 The total liability of EV Cityride under the present terms, user’s usage of Services or for any other reason whatsoever shall be limited to the charges paid by User to EV Cityride.
14. Intellectual Property Ownership
14.1 EV Cityride alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Electronic Media and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations ;text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or other information provided by the User or any other party relating to the Electronic Media or the Service.
14.2 These Terms of Use do not constitute a sale and do not convey to the User any rights of ownership in or related to the Electronic Media or the Service, or any intellectual property rights owned by EV Cityride. The User shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Electronic Media.
14.3 The User may use information on the Electronic Media purposely made available by EV Cityride for downloading from the Electronic Media, provided that the User:
14.3.1 does not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
14.3.2 use such information only for User’s personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
14.3.3 does not make any additional representations or warranties relating to such information.
15. Applicable Law and Dispute Resolution
15.1 These Terms of Use are subject to the laws of India.
15.2 All disputes arising out of or in connection with the Terms of Use shall be attempted to be settled through negotiation between senior management of the Company and the User. If any dispute arising between the parties is not amicably settled within reasonable period of sixty (60) days of the initiation of the aforesaid dispute resolution mechanisms, then, the same shall be resolved by arbitration in accordance with the provisions of the Rules of Arbitration of the Indian Council of Arbitration for the time being in force, which rules shall be deemed to be incorporated by reference in this Clause. The dispute shall be referred to one (1) arbitrator to be appointed/ nominated by the Company. The place of arbitration shall be Dehradun. The language of the arbitration will be English. The decision of the arbitrator will be final, binding and incontestable and may be used as a basis for judgment thereon in India or elsewhere. The Company and the User will bear its own costs of the arbitration.
16. General
16.1 We are not liable for any infringement of copyright, trademark, patterns and/or any intellectual or proprietary rights of any third party, arising out of contents and/or materials posted on or transmitted through the Electronic Media or items advertised thereon.
16.2 We shall have no liability to you for any failure and/or delay in performance of Services or any interruption or delay, to access the Electronic Media, if that failure and/or delay is due to reasons or circumstances beyond our reasonable control (and the time for performance of the same shall be and is extended accordingly). However, if we decide to grant you an indulgence on the performance of any obligation under these Terms of Use, such indulgence shall not constitute waiver of any of our rights.
16.3 These Terms of Use and the Company Policies incorporated herein by reference constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
16.4 The rights and obligations under the Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.
16.5 If any provision of the Terms of Use becomes or is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable then such invalidity, illegality or unenforceability shall not affect the validity of the other provisions of the Terms of Use, which shall remain in full force and effect.
16.6 No representation of our employees, officers or agents or those contained and advertised on the Website or the Electronic Media shall represent an addition or amendment to these Terms of Use unless the same has been set out in writing and signed by one of our directors.
16.7 You agree not to assign, transfer or novate your rights or obligations under these Terms of Use, without our prior written consent, if applicable.
16.8 The laws of India will govern these Terms of Use. By accepting to these Terms of Use you agree to irrevocably submit to the exclusive jurisdiction of the courts at Dehradun in respect of any disputes, acts, matters or controversies arising as a result of breach of these Terms of Use those relating to the validity, enforcement and/or interpretation of the terms of these Terms of Use.
16.9 Failure on our part to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
16.10 No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of these Terms of Use.
16.11 In our discretion we may serve any notice or communication on you by email, fax or mail. In the case of notices sent by(a) fax, you will be deemed served at the time and date of dispatch and receipt of confirmation regarding successful transmission of the fax; (b) email, you will be deemed served at the time and date of receipt of such email by you; and(c) mail, you will be deemed served 5 (five) business days after dispatch of the same.
16.12 No person other than you has any rights under these Terms of Use and cannot enforce these Terms of Use.
16.13 As part of the registration process you agree to receive such marketing and promotional materials via mail, SMS, email and/or fax as we may deem appropriate to send you in connection with our Website and Services. For further details relating to the same, please refer to our Privacy Policy.
16.14 The invalidity of any term of these Terms of Use shall not affect the validity of the other provisions of these Terms of Use. If and to the extent that any provision of these Terms of Use is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these Terms of Use.
16.15 EV Cityride may give notice by means of a general notice on the Service or Electronic Media, or by electronic mail to User’s email address or a message on User’s registered mobile number, or by written communication sent by regular mail to User’s address on record in EV Cityride’s account information.
16.17 EV Cityride shall not be liable for any failure to perform any obligations under these Terms of Use, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
17. Grievance Officer
Any complaints, abuse or concerns with regards to content and or comment or breach of these Terms of Use shall be immediately informed to Grievance Officer through email at [email protected] with the electronic signature or in writing at the following address to:
Designation: Grievance Officer,
Corporate Address: Brahmanwala, 114/1, By Pass Road, Niranjan Pur, Dehradun, Uttarakhand - 248001
