Saamanuthao is effective from August 20, 2017.
(i) “Account” shall mean the account created by the Customer on the Application for availing the Services provided by saamanuthao.
(ii) “Additional Fee” shall mean any toll duty, inter-state taxes, etc. as may not be included in the Fare but payable to any third party / government authorities for undertaking the Ride under Applicable Law.
(iii) “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
(iv) “Convenience Fee” shall mean the fee payable by the customer to saamanuthao for the service i.e., for availing the technology services offered by saamanuthao. Convenience fee shall be chargeable on every booking made through the Site. The convenience fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
(v) “Cancellation Fee” shall mean the fare and Convenience fee payable towards cancellation of a booking by a Customer in terms of Clause 7 of these User Terms and the Cancellation Terms and Conditions available at https://www.saamanuthao.com. The Cancellation fee shall be exclusive of all applicable taxes on the Cancellation fee, if any.
(vi) “City of Operation” shall mean a city in which the Customers and TPSPs avail and render the transportation services respectively. For clarity, the services rendered by the TPSPs and availed by the Customers shall be in the same city.
(vii) “Customer/You” means a person who is registered with the https://www.saamanuthao.com.
(viii) “Driver” shall mean and include such individuals as may be evaluated, appointed and trained by an operator associated with us or TFS to provide the transportation services on its behalf and persons who are registered with saamanuthao and own the vehicles and who have necessary city vehicles permits and licenses to provide transportation services within the City of Operation.
(ix) “E-Wallet” shall mean a pre-paid instrument, which can be used to make payments.
(x) “Fare” shall mean such amount in Indian Rupees, which is reflected on the Application, as the fare payable for the specific booking performed by a Driver. The Fare shall be exclusive of all applicable taxes on the Fare, if any.
(xi) “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of saamanuthao.
(xii) “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by saamanuthao from the Customer from time to time for registration on the website.
(xiii) “Service(s)” means the facilitation of transportation service by saamanuthao through the saamanuthao or via a telephone/mobile request at the call centre of saamanuthao, or booking on the Site, within the City of Operation, as elaborated in Clause 4.
(xiv) “Site” shall mean the website https://www.saamanuthao.com/ operated by saamanuthao or any other software that enables the use of the Application or such other URL as may be specifically provided by saamanuthao.
(xv) “Total Ride Fee” shall mean and include the Fare, the Convenience Fee, the Cancellation Fee and Additional Fee and taxes as may be applicable from time to time.
(xvi) “T&Cs” and “User Terms” shall mean these Customer terms and conditions.
(xvii) “Vehicle” shall mean a vehicle as defined under the Motor Vehicles Act, 1988. 2. ELIGIBILITY 2.1 You will be “Eligible” to use the Services only when You fulfil all of the following conditions:
(A) You have attained at least 18 (eighteen) years of age.
(B) You are competent to enter into a contract under the Applicable Laws. If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.
REGISTRATION AND ACCOUNT
You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause and by entering Your Registration Data at saamanuthao
You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.
Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), saamanuthao does not want You to, and You should not, send any confidential or proprietary information to saamanuthao on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to saamanuthao other than the Permitted Information will not be considered confidential or proprietary.
It is Your responsibility to check to ensure that You go through the correct URL of saamanuthao for Your device. We are not liable if You do not have a compatible mobile device or if You go through the incorrect URL for Your mobile device. We reserve the right to terminate the Service and the use of the website should You be using the Service or website with an incompatible or unauthorized device.
We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at email@example.com.
In case, You are unable to access Your Account, please inform Us at support at saamanuthao.com and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.
By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold saamanuthao, their affiliates, their licencors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
(a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein.
(b) Your use or misuse of the Application or Service. 12. LIABILITY 12.1. The information, recommendations and/or Services provided to You on or through the Site, the Application and saamanuthao call center are for general information purposes only and does not constitute advice. saamanuthao will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate. saamanuthao shall not be liable for You missing trains/flights/events or delays etc as the Service is dependent on many factors not in saamanuthao’s control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, vehicles breakdowns and other un-expected delays.
saamanuthao shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call center number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, saamanuthao 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 You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform saamanuthao of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of saamanuthao. In the event it is found, You shall be informed about the saamanuthao office from where You can collect it after 3 (three) working days from the date You were informed. saamanuthao however shall not be responsible for delivering the same back to You. If requested, saamanuthao may deliver the misplaced item/s back to You after 3 (three) working days from the date You were informed, subject to the place of delivery being twenty (20) kms from the saamanuthao office. saamanuthao shall charge You a flat fee of Rs 500 for such delivery.
saamanuthao does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
saamanuthao 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 saamanuthao. saamanuthao will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.
IN NO EVENT SHALL saamanuthao BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF saamanuthao HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL saamanuthao’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
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 saamanuthao shall be the minimum permitted under Applicable Law.
APPLICATION LICENSE: Subject to Your compliance with these User Terms, saamanuthao grants You a limited, revocable, non-exclusive, non-transferable and non sub licensable license to download and install a copy of the website on a single mobile device that You own or control and to run such copy of the website solely for Your own personal use and to use the Site. You shall not
(i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way;
(ii) modify or make derivative works based upon the Service or website;
(iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based saamanuthao policy;
(iv) reverse engineer or access the Site in order to
(a) design or build a competitive product or service,
(b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or
(c) copy any ideas, features, functions or graphics of the Service or Site
(v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site. You shall not:
(i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
(ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
(iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
(iv) interfere with or disrupt the integrity or performance of the Site, the website or Service or the data contained therein; or
(v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks. 13.4. saamanuthao will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. 14.2. You agree that when posting Posted Content,
You will not:
(i) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
(ii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.
(iii) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
(iv) Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
(v) Conduct or forward surveys, contests, pyramid schemes or chain letters.
(vi) Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
(vii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(viii) Deceive or mislead the addressee about the origin of a messages or communicate any information which is grossly offensive or menacing in nature.
(ix) Restrict or inhibit any other user from using and enjoying the Site.
(x) Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.
(xi) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
(xii) Threaten 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 any other nation.
(xiii) Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
INTELLECTUAL PROPERTY OWNERSHIP
saamanuthao alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to
(i) the website and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations;
(ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or
(iii) other information provided by You or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party’s intellectual property, You need to get permission directly from the owner of the intellectual property for any use. These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the website or the Service, or any saamanuthao intellectual property rights owned by saamanuthao. You 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 website You may use information on the Site purposely made available by saamanuthao for downloading from the website, provided that
You: (i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
(ii) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
(iii) do not make any additional representations or warranties relating to such information. If permitted by saamanuthao, You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Us. You must not use on Your site or in any other manner any saamanuthao trademarks or service marks or any Content belonging to saamanuthao and appearing on the website, including any logos or characters, without our express written consent. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without our prior written consent.
TERM AND TERMINATION OF LICENSE AGREEMENT
Unless terminated in accordance with this Clause, the agreement between saamanuthao and You is perpetual in nature upon downloading the website and for each booking booked through the Site. You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Site. You can close Your Account at any time by following the instructions on the website. saamanuthao is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the website and the Service) if You:
(a) violate or breach any term of these User Terms, or
(b) in the opinion of saamanuthao, misuse the website or the Service. saamanuthao is not obliged to give notice of the termination of the agreement in advance. After termination saamanuthao will give notice thereof in accordance with these User Terms. Termination of this agreement will not prejudice accrued rights of either saamanuthao or You.
This website and all content on the website are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or website, that Your access of the website and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the website, and that saamanuthao shall not be liable for any damages of any kind related to Your access and use of this saamanuthao.
saamanuthao All images, audio, video and text in the saamanuthao are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental. MODIFICATION OF THE SERVICE AND USER TERMS. saamanuthao reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or website at any time.
saamanuthao shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the website. You are requested to regularly visit the website to view the most current User Terms. You can determine when website last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes. saamanuthao may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the website and the Services. If no such separate consent is sought, Your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the website and the Services is subject to the most current version of the User Terms made available on the website at the time of such use.
saamanuthao may give notice by means of a general notice on the Service or website, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in saamanuthao’s account information. You may contact Ola by electronic mail at Our email address saamanuthao@gmail or by written communication sent by regular mail to Our address at E-531/A Gali No.-10, west vinod nagar, delhi-110092. You shall not assign Your rights under these User Terms without prior written approval of saamanuthao. saamanuthao can assign its rights under the User Terms to any affiliate.
APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the website, the Service (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of saamanuthao as saamanuthao may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by saamanuthao and You. The place of the arbitration shall be Delhi, Noida, Greater Noida unless otherwise mutually agreed by saamanuthao and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Delhi, India.