1. What is this document?

i. These terms of use, read together with the Privacy Policy located at http://www.mgaadi.com/privacy-policy/(“Privacy Policy”), constitute a legal and binding contract between you and India Drivers Network Services Private Ltd. (“IDN”) (the “Agreement”) providing, inter alia, the terms that govern your access to and use of (i) the website www.mGaadi.com (“Website”) owned and operated by IDN, (ii) an Android application, iOS application and Windows phone application for mobile telecommunications devices (collectively called “Mobile Applications”) (iii) any ancillary services provided by IDN in connection with the Website or the Mobile Applications (collectively the “Services”). The Services, inter alia enable you to hire auto rickshaws for a point to point service, or for time and usage based service within city limits and outside city limits, including inter-city all over India (“Bookings”).

ii. You hereby agree that this Agreement is a binding contract between IDN and you for the access or use the Services in any manner and accordingly you hereby agree to be bound by the terms contained in this Agreement. If you do not agree to the terms contained in this Agreement, you shall not have the right to use the Services and shall forthwith leave the Website and/or stop using the Mobile Applications.

iii. You must be 18 (eighteen) years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to IDN that you are 18 (eighteen) years of age or older, and that you have the right, authority and the capacity to use the Services and agree to and abide by this Agreement. If you are using the Services on behalf of another organization or entity (“Organization”), then you are agreeing to be bound by the Agreement on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to this Agreement. In that case, “you” and “your” refers to you and the concerned Organization.

iv. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:

a. the Indian Contract Act, 1872,

b. the (Indian) Information Technology Act, 2000, and

c. the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

v. IDN authorizes you to view and access the content available on the Services (including the use of the Website and the Mobile Applications) solely for making Bookings and communicating as per this Agreement. The contents of the Services, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website, the Mobile Applications or any of the other Services (collectively, “IDN Content“), are the property of IDN and are protected under the applicable copyright, trademark and other laws. You shall not modify the IDN Content or reproduce, display, publicly perform, distribute, or otherwise use the IDN Content in any way for any public or commercial purpose or for personal gain.

2. Use of Services

2.1. You hereby agree that you shall not at any time (i) distribute, resell, cross-sell, or permit access to the Services to any third party and (ii) use the Services other than in accordance with (a) the instructions or documentation that IDN may provide from time to time, (b) applicable laws and (c) this Agreement.

2.2. You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes unless you are authorized to do so by IDN.

2.3. IDN shall provide you the Services and basic support in respect of the same at no charge to you, and will use commercially reasonable efforts to make the Services available 24 (twenty four) hours a day, 7 (seven) days a week, except for (i) planned downtime (of which IDN shall give at least 8 (eight) hours’ notice via the Services or (ii) any unavailability caused by circumstances beyond IDN’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delays or disruption of the Services due to any illegal hacking. Further, IDN disclaims all liabilities in the event its servers are illegally hacked, disrupted, or compromised in any manner and IDN shall not be held responsible for any loss of information (including sensitive personal information under the SPI Rules).

2.4. IDN may, at its sole discretion, suspend your ability to use or access the Services (or a part of the Services) at any time while IDN investigates complaints or alleged violations of this Agreement, or for any other reason. Further, IDN shall also have the ability to prohibit or restrict you from using the Services if IDN is of the opinion that you are misusing the Services in any manner whatsoever.

2.5. IDN has the right to edit your profile to make it more suitable for the Website or the Mobile Applications. If you find any wrong information on the Website or the Mobile Applications about you, you can correct it yourself or alternatively you could contact IDN immediately for such corrections. However, IDN shall have no liability or responsibility in this regard.

2.6. You hereby agree and authorize IDN to disclose to all its group entities, or any government body as so required by the law or by directive or request from any government body, the information submitted by you to IDN in any way as IDN, in its absolute discretion, deems fit or if it considers it in its interests to do so.

2.7. IDN may, at any time and without having to serve any prior notice to you, (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit and change the contents of this Agreement or the Privacy Policy.

3. Covenants

3.1. As mandated by Regulation 3(2) of the IG Rules, IDN hereby informs you that you are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

i. belongs to another person and to which you do not have any right;

ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

iii. harm 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. impersonate or defame another person;

viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and

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 to any other nation.

3.2. You are also prohibited from:

i. violating or attempting to violate the integrity or security of the Website or any IDN Content;

ii. transmitting any information on or through the Website and Mobile Applications that is disruptive or competitive to the provision of Services by IDN;

iii. intentionally submitting on the Website or Mobile Applications any incomplete, false or inaccurate information;

iv. making any unsolicited communications to other users of the Services;

v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

vii. copying or duplicating in any manner any of the IDN Content or other information available from the Website; and

viii. framing or hotlinking or deep linking any IDN Content.

3.3. IDN, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email about any such information as mentioned clause 3.2 above, shall be entitled to disable such information that is in contravention of clause 3.2. IDN shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.

3.4. IDN may disclose or transfer information provided by you to its affiliates, and you hereby consent to such transfer. The SPI Rules permit IDN to transfer sensitive personal data or information including any information to (i) any other body corporate or a person in India, or (ii) located in any other country, that ensures the same level of data protection that is adhered to by IDN as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between IDN or any person on its behalf and the user or where you have consented to data transfer.

3.5. You agree not to disclose, duplicate, publish, disseminate, release, transfer or otherwise make available Confidential Information belonging to IDN in any form to, or for the use or benefit of, any person or entity without IDN’s prior written consent. “Confidential Information” means any financial, technical, or business information that IDN designates as confidential at the time it discloses it to you, or that you reasonably should understand to be confidential based on the nature of the information or the circumstances surrounding its disclosure. Further, (i) the specific features of the Services, (ii) the documentation IDN provides to you in connection with the Services, and (iii) information provided by other users of the Services shall also be deemed to be Confidential Information and shall be treated in a manner provided in this clause 3.5.

4. Covenants in respect of Bookings

4.1. The following terms and conditions shall apply in respect of Bookings:

i. You hereby agree and confirm that you will not indulge in the following activities while travelling in an auto rickshaw:

a) Smoking or consuming any kind of intoxicants. The driver of the auto rickshaw (“Driver”) shall have the right to refuse the pick-up or ask you to alight from the auto rickshaw if you are in an intoxicated state or found to be misbehaving with other passengers or the driver, or causing a nuisance;

b) Littering the auto rickshaw;

c) Soiling or damaging the seats and/or damaging any part of the auto rickshaw;

d) Asking the Driver to break any Traffic/RTO/City Police and/or government rules for any purpose (especially reaching the destination earlier). The Driver shall have the right to refuse such a request and further ask you to alight from the auto rickshaw, in the event such a request is made by you;

e) Asking the Driver to board more than 3 (three) adults in the auto rickshaw. The rules under which the Services are provided, stipulate that a maximum of 3 (three) adult passengers shall be allowed per trip;

ii. You hereby agree and authorize IDN to use the location based information provided by any of the telecommunication companies when you use your mobile telecommunication devices to make a Booking. The location based information will be used only to facilitate and confirm the Booking.

iii. You hereby agree and confirm that you will be in-charge of and solely responsible for all your items and baggage, during the journey. In the event any items belonging to you are lost during the journey or left behind in the auto rickshaw, IDN shall endeavor to locate the items on a “best-effort” basis; but it is expressly stated that IDN shall not be responsible in any manner whatsoever, for any loss caused to you in respect of the same.

iv. In the event you have any complaints regarding the Services or the use of the auto rickshaws, you shall inform IDN of the same in writing within 24 (twenty four) hours of using the auto rickshaw or the Services. IDN shall use its best efforts to resolve your complaint within 2 (two) business days of receipt of the same.

v. You agree that IDN shall have the right to terminate a Booking without assigning any reasons whatsoever and you further agree that you will have no claim against IDN for the same.

vi. You understand and further agree that calls made by you to IDN’s call center or customer service executives may be recorded by IDN for quality and training purposes.

vii. All the auto rickshaws registered with IDN are tracked using GPS, enhanced GSM or compatible methods for the purposes of security and core Service delivery. It is expressly made clear that IDN does not own any of the auto rickshaws nor does it directly or indirectly employ any of the Driver(s). IDN disclaims any and all liability in respect of the loss caused to you due to the any action, inaction or negligence on the part of the Driver.

viii. You agree and confirm that IDN shall have the authority to use the information provided by you for its own marketing purposes. IDN shall be entitled to send regular SMS updates to your mobile telecommunication devices registered with it.

5. Payment for Bookings

5.1. There shall be no charge for the Services and/or Booking confirmations, provided by IDN to you.

5.2. In respect of auto rickshaw journeys undertaken pursuant to a Booking made, you shall be required to pay the auto rickshaw fare (as displayed in the government certified meter and Bangalore tariffs as described here), additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by law or required to be paid for availing the auto rickshaw services (“Fare”). In addition to the above, you will also be required to pay an additional amount of Rs. 10 as pick up fee (“Pick up Fee”). The Fare along with the Pick up Fee shall be payable at the end of the journey. The Pick up Fee payable is in respect of the cost incurred by the Driver to reach your pick-up destination.

5.3. In the event you choose to make Bookings through the Website or by calling the IDN call centre, you shall pay be required to pay the Fare and the Pick up Fee directly to the Driver. However in the event the Services are availed using the Mobile Applications, you will have the option of making an online payment at the end of the journey. Once the payment is made, IDN shall provide the Driver and you, with a confirmation of the amounts being received. It is clarified that in respect of online payments, IDN only acts as the payment facilitator for the Driver and no amounts remitted are consideration from you to IDN for the Services being provided by IDN to you.

5.4. In order to process the online payments made through the Mobile Applications as mentioned above, IDN utilizes the support and services of third parties including third party payment gateways. IDN shall not responsible for any loss or damage caused you during this process as these third parties are beyond the control of IDN.

5.5. In respect of all online payments, the payment process would be considered to be complete only on receipt of the amount to IDN’s designated bank account. In the event the process cannot be completed for any reason whatsoever, you shall pay be required to pay the amounts directly to the driver.

5.6. In order to process the online payments, IDN may require details of your bank account, credit card number etc. Please check the Privacy Policy located at www.mgaadi.com/privacy-policy/ on how IDN uses such confidential information provided by you.

5.7. Cancellation/Refund Policy:  There shall be no charges levied in respect of Bookings that are cancelled prior to the start of a journey, as presently no amounts are required to be paid or remitted till you reach your destination or the journey is completed.

6. Collection, Use, Storage and Transfer of Personal Information

The information collected by IDN and/or provided by you while using the Services is governed by the Privacy Policy provided at www.mgaadi.com/privacy-policy/. IDN may update the Privacy Policy from time to time without having to provide prior written notice to you. The Privacy Policy sets forth the practices followed by IDN regarding the collection, use and disclosure of personal information (including sensitive personal information under the SPI Rules) obtained in connection with your use of the Services.

7. Liability

7.1. IDN shall not be responsible or liable to you in any manner for any losses, damage, injuries or expenses incurred by you as a result of any disclosures made by IDN, where you have consented to the making of such disclosures by IDN. If you have revoked such consent under the terms of the Privacy Policy, then IDN shall not be responsible or liable in any manner to you for any losses, damage, injuries or expenses incurred by you as a result of any disclosures made by IDN prior to its actual receipt of notice or any method of intimation of such revocation.

7.2. You shall not hold IDN responsible or liable in any way for any disclosures by IDN under Regulation 6 of the SPI Rules.

7.3. The Services provided by IDN or any of its licensors or other service providers are provided on an “as is” basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). IDN does not provide or make any representation, warranty or guaranty, express or implied about the Website, Mobile Applications or the Services.

7.4. IDN does not verify any content or information provided by you while using the Services and to the fullest extent permitted by law, disclaims all liability arising out of your use or reliance upon the Website, Mobile Applications, the Services, and the IDN Content.

7.5. The Website and Mobile Applications may be linked to the website of third parties, affiliates and business partners. IDN has no control over, and shall not be liable for the content, accuracy, validity, reliability, or quality of such websites. Inclusion of any link on the Website or Mobile Applications does not imply that IDN endorses the linked site. You may use the links and the services provided thereunder at your own risk.

7.6. IDN assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of your access to/use of, the Services or the downloading of any material, data, text, images, video content, or audio content from the Website or any of the Services.

7.7. In no event, including but not limited to negligence on the part of IDN, or any of its directors, officers, employees, agents or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Services or the content, materials and functions related thereto, (ii) your provision of information via the Services, or (ii) lost business or lost sales, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the the Protected Entities be liable for any content posted, transmitted, exchanged or received by or on behalf of you or other person on or through the Website or Mobile Applications unless otherwise specifically provided for in this Agreement. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the Services exceed, in the aggregate Rs. 1000.

8. Indemnity

8.1 You hereby agree to indemnify and hold harmless IDN, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of Services, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your account with IDN, (iv) infringement of any intellectual property or other right of any person or entity. IDN will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

9. Term, Termination and Disputes

9.1. This Agreement will remain in full force and effect while you are a user of the Services in any form or capacity.

9.2. You may terminate your arrangement with IDN under this Agreement at any time by providing 30 (thirty) days’ prior written notice to mgaadi-feedback@indiadrivers.net. IDN shall discontinue your account, only after verifying if there are any ongoing or pending Services or payments. IDN may want you to continue until the completion of an on-going Service should the situation warrant.

9.3. You shall be obligated to pay IDN for any and all Services that you would have procured till the date of termination of the Agreement.

9.4. IDN reserves the right to terminate any account in the event that:
• You breach any terms and conditions of this Agreement including the Privacy Policy;
• IDN is unable to verify or authenticate any information provide to IDN by you; or
• IDN believes in its sole discretion that your actions may cause legal liability for the other users of the Services or for IDN or are contrary to the interests of IDN.

9.5. Once the Services provided to you are temporarily suspended, indefinitely suspended or terminated, you shall not continue to use the Services under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, you shall no longer have access to data, messages, files and other material kept on the Website or on any other application hosted by IDN.

9.6. Upon your request or within 30 (thirty) days after the effective date of termination of Services under this Agreement, IDN will make available to you (for download) a copy of your data. After a period of 30 (thirty) days after the termination of the Services subscription, IDN shall have no obligation to maintain or provide any of your data and shall thereafter, unless legally prohibited, delete all your data in its systems or otherwise in its possession or under its control.

9.7. IDN reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your Content from the Website and immediate termination of your account with or without enabling you to access the Website and the other Services, upon any breach of this Agreement or if IDN is unable to verify or authenticate any information you submits to IDN, or if you fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for IDN to provide the Services to you.

9.8. This Agreement and any contractual obligation between IDN and yourself will be governed by the laws of India, subject to the exclusive jurisdiction of courts at Bangalore.

9.9. All disputes will be subject to arbitration at Bangalore in English by a single arbitrator appointed by IDN under the Arbitration and Conciliation Act, 1996.

9.10. Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution and Confidentiality shall continue and survive termination.

10. Severability & Waiver Contact Information

10.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

11. Contact Information

11.1 If you have any question, issue, complaint regarding any of our Services, please contact our customer service at mailto: mgaadi-feedback@indiadrivers.net.

11.2 If you have any questions concerning IDN, the Website, this Agreement, or anything related to any of the foregoing, IDN can be reached at the following email address – mailto: mgaadi-feedback@indiadrivers.net or via the contact information available at the following hyperlink: Contact Us.