BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT REGISTER OR USE THE PLATFORM.
WHEREAS THE RIDER AGREES
- The Company is, inter alia, engaged in operating a platform that facilitates transportation services for passengers by connecting them with independent drivers.; and
- The Company offers a subscription-based pick-up and drop-off service, as well as a Rental Auto/Cab service. Riders may pre-book transportation with the option to share rides with others on the same route to a specified location for a predetermined number of days per week, as per their preference. Additionally, the Rental Auto/Cab service can be booked on an hourly basis; and
- The Rider desires to take the transportation services using the Company’s platform in accordance with its policies and guidelines, and shall do so using the PicUpMe Application or Website.
- Both Parties agree to enter into this Terms and Conditions to define their respective rights and obligations.
DEFINITIONS
- “Company” refers to the operator of the transportation service platform.
- “Rider” refers to any user availing transportation services through the platform.
- “Platform” refers to the website or mobile application facilitating the services.
- “Driver” refers to the independent service provider connected via the platform.
- “Subscription Service” refers to the pre-booked transportation option.
- “Rental Auto/Cab Service” refers to the pre – booked vehicle on an hourly basis.
- “Parties” collectively refer to the Company and the Rider, while “Party” refers to either the Company or the Rider individually.
SCOPE OF SERVICES
- That the Company facilitates a subscription-based and/or hourly basis transportation service wherein passengers pre-book pick-up and drop-off rides on designated days and times.
- That the Riders may book services based on availability and pricing through the PicUpMe application or website.
- That the Company acts solely as an intermediary, connecting Riders with independent service providers i.e., Drivers and does not directly offer transportation services.
REGISTRATION AND RIDER OBLIGATIONS
- That the Riders must complete the registration process by providing accurate personal details and any required documentation.
- That the Riders are responsible for maintaining and updating their profile details as required.
- That by completing the registration process on the application, the Rider acknowledges that they have read, understood, and agreed to these Terms & Conditions. No separate signature or physical agreement is required.
- That the Riders must use the platform only for its intended purpose and comply with all applicable laws.
- That engaging in fraudulent activities, misuse of the platform, or violating the rights of other Riders is strictly prohibited.
PAYMENT TERMS
- That the Riders agree to pay for services as per the pricing structure displayed on the platform.
- That the Company reserves the right to modify pricing, introduce dynamic pricing, or offer promotional discounts at its discretion. Riders will be notified of any pricing changes, and continued use of the platform shall constitute acceptance of the revised pricing.
- That the applicable taxes shall be included in the final billing amount.
- That the payments shall be processed through the platform’s designated payment methods.
- That refunds and cancellations shall be governed by the Company’s refund policy.
CANCELLATION AND REFUND POLICY
- That the Riders may cancel bookings as per the Company’s cancellation policy.
- That the refunds will only be processed if cancellations align with the cancellation and refund policy.
- That the Company reserves the right to impose penalties for multiple cancellations. If a subscriber discontinues the service, a penalty will be deducted from the remaining subscription balance before processing the refund.
INTELLECTUAL PROPERTY
- That all intellectual property rights related to the platform, including but not limited to trademarks, logos, software, content, and design, are owned by the Company. Users shall not use, modify, or reproduce any content from the platform without the Company’s express written permission.
CONDUCT AND COMPLIANCE
- That the Riders must adhere to professional conduct while using the platform, in vehicles, and while interacting with Drivers.
- That any form of harassment, discrimination, or policy violation may result in suspension or termination of the Rider’s profile. Riders must not engage in off-platform transactions related to the Company’s services.
- That the Company prioritizes Riders’ safety and implements reasonable measures to ensure the security of Riders’ personal data and transactions. Riders are encouraged to use in-app features such as GPS tracking and emergency contacts for enhanced safety. The Company shall not be held liable for incidents arising from Riders’ interactions with third-party service providers.
LIABILITY AND INDEMNIFICATION
- That the Riders agree to indemnify and hold the Company harmless against any claims arising from their actions or misuse of the platform.
- That the Company operates solely as an intermediary platform facilitating the connection between Riders and independent third-party Drivers who provide transportation services. The Company does not exercise control over, nor does it assume responsibility for, the actions, omissions, conduct, negligence, or unlawful acts of such Drivers. Accordingly, the Company shall not be held liable for any injury, loss, damage, or harm suffered by any party arising out of or in connection with the conduct of Drivers, including but not limited to reckless or negligent driving, violations of traffic laws, delays, deviations from designated routes, trip cancellations, or any unauthorized or illegal activities undertaken by Drivers, whether within or outside the scope of the Platform.
- That the Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate with defense of such claims. It is further agreed not to settle any such claim without the Company’s prior written consent.
DATA PROTECTION AND PRIVACY
- That the Company will collect, store, and process personal data in accordance with applicable data protection laws. Refer the company’s privacy policy for more details.
- That by registering, the Rider consents to the processing of their personal data for service-related purposes.
- That the Rider data may be shared with Drivers for operational purposes.
- That the Company shall implement necessary security measures to protect Rider’s data, but shall not be liable for data breaches resulting from external cyber threats or driver negligence.
FORCE MAJEURE
- That neither Party shall be held liable for any failure or delay in the performance of its obligations under this Terms and Conditions due to any cause beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, strikes, labour disputes, pandemics, governmental restrictions, power or communication failures, or any other unforeseeable event (“Force Majeure Event”). The affected Party shall promptly notify the other Party of the occurrence of such an event through the application and take all reasonable measures to mitigate its effects.
TERMINATION
- That the Company reserves the right to suspend or terminate a Rider’s access to the platform in case of violations of these terms. The Riders may terminate their accounts by submitting a request through the platform. Any outstanding amount left in the wallet after termination will be credited back after the deductions as per the Refund and Cancellation policy.
DISPUTE RESOLUTION
- That these Terms and Conditions shall be governed by the laws of India. Any disputes arising from these Terms and Conditions shall first be referred to mediation in Bengaluru, India, under the Mediation Act, 2023, or any statutory modification thereof. The mediation shall be conducted by a mutually appointed mediator, and the language of the proceedings shall be English. If the dispute remains unresolved within 30 days from the commencement of mediation, the Parties shall proceed to arbitration in Bengaluru, India, under the Arbitration & Conciliation Act, 1996, as amended.
- That the arbitration shall be conducted by a sole arbitrator mutually appointed by both Parties, and the language of arbitration shall be English. Before initiating arbitration, the Parties shall engage in good faith discussions for at least 15 days to seek an amicable resolution.
MODIFICATIONS TO TERMS
- That the Company reserves the right to modify these Terms and Conditions as necessary, in accordance with applicable laws. Updates will be communicated through the platform via notifications and email, and continued use of the service shall constitute acceptance of the revised terms. If any provision of these Terms and Conditions is found to be invalid, the remaining provisions shall continue in full force.
By registering on the platform and accepting the terms through the app or website, the Rider acknowledges that they have read, understood, and agreed to all the terms and conditions set forth herein.