Section 1: General Terms

• The Ride Buddy Platform provides Ride Buddy Carpooling Services, which is a means to discover and connect people traveling in their private vehicles on the same route at the same time as per individual preferences. Instead of traveling separately in individual vehicles, users can pool and reduce the number of vehicles on the road. Users can either offer carpool/bikepool (“Carpool Givers”) or find carpool/bikepool (“Carpool Takers”). “Carpool Takers” and “Carpool Givers” are matched based on their route and time. It is clarified that the Ride Buddy Platform for Ride Buddy Carpooling Services is intended to be used only on private vehicles (Non-transport vehicles) by Carpool Givers (irrespective of the Carpool Givers being the owner of such vehicle or otherwise) who are not registered as public service vehicle/transport vehicle/taxi service provider/taxi operators. The Ride Buddy Carpooling Services is not meant for and does not in any manner permit the use thereof by Carpool Givers as Taxi service or use of any vehicle through the Ride Buddy Carpooling Services as a public service vehicle or contract carriage or a stage carriage vehicle [as defined under the Motor Vehicles Act, 1988 (Act No. 59 of 1988)]. For purposes of this Agreement, the services relating to connecting a Carpool Giver with a Carpool Taker for private vehicle rides shall collectively be defined as the “Carpooling Services”. This Agreement describes the terms and conditions that will govern Your use of and participation in the “Carpooling Services” of the Ride Buddy Platform.
• Please read this Agreement carefully before using the Ride Buddy Carpooling Services. You must read, agree with, and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You use any of the Ride Buddy Carpooling Services. By using any of the Ride Buddy Carpooling Services, You become a Participant in Ride Buddy Carpooling Services and a User of the Ride Buddy Carpooling Services available on the Ride Buddy Platform (“Participant” or “User”) and You agree to be bound by the terms and conditions of this Agreement with respect to such Ride Buddy Carpooling Services.

Definitions

• 33.1 “Account” is the user account that needs to be created by each user of Ride Buddy for registration and usage.
• 33.2 “Confidential Information” shall carry the meaning as provided in further clauses.
• 33.3 “Content” shall carry the meaning as ascribed in further clauses.
• 33.4 “Member” means any user of the Ride Buddy platform for Ride Buddy Carpooling Services only, who has downloaded the Ride Buddy application and registered providing requisite data (correctness of which is the responsibility of the user herself/himself) with an express interest in Carpooling services either by offering carpool in his private vehicle or by taking carpool, becomes a member of the Ride Buddy platform. Every Member, by the very act of registering, implicitly agrees to abide by all the Terms & Conditions laid out by Ride Buddy.
• 33.5 “Carpool Giver” is an individual (registered on our platform) who is using a Ride Vehicle (Car/Bike) to travel on a particular route and at a particular time for their own purpose, and willing to share the empty seats with other like-minded persons/colleagues/professionals or such other persons, rather driving alone, with the intent to reduce the vehicles on the road and reduce traffic congestion and pollution, may share costs of ride and have no intention to earn income or reward for sharing the rides. The Carpool Giver or anyone claiming under or through them, shall not be registered as a driver or a public service vehicle operator/stage carrier or contract carrier or taxi operator. The Carpool Giver shall be legally eligible to drive the Ride Vehicle in India.
• 33.6 “Ride Vehicle” shall mean the vehicle (Car) intended to be used by a Carpool Giver for own purpose and willing to share ride with the Carpool Taker (as defined below), which vehicle is owned by the Carpool Giver and listed on the Ride Buddy Platform by such Carpool Giver and is not registered as a taxi, stage carrier, contract carrier, transport vehicle, or public service vehicle.
• 33.7 “Carpool Taker” is the Individual who is looking to travel to a place at a particular time and who is willing to join others rather than taking their own/adding more vehicles to congested roads. They are socially conscious and would prefer Carpooling options rather than adding a vehicle to the road. They prefer to participate in carpooling in rotation or share ride costs (such as fuel) with Carpool Givers.
• 33.9 “SNS Content” shall mean such content as defined at another place in this document.
• 33.10 “Submissions” shall carry the meaning as defined at another place in this document.
• 33.11 “Third Party Account” shall mean such account(s) as defined at another place in this document.
• 33.12 “Third Party Sites”, “Third Party Applications, Software or Content” shall carry the meaning as ascribed at another place in this document.
• “Your Information” shall carry the meaning as ascribed at another place in this document.

The terms mentioned here are applicable based on the role of the users for the ride. The same user can be a “Carpool Giver” and a “Carpool Taker” as well. The terms applicable as per the role played for the shared ride. Terms that are not defined shall carry their dictionary meaning.

Role of Ride Buddy Carpooling Services

FOR THE PURPOSES OF RIDE BUDDY CARPOOLING SERVICES, THE RIDE BUDDY CARPOOLING PLATFORM DOES NOT PROVIDE PUBLIC OR PRIVATE TRANSPORTATION SERVICES, AND THE RIDE BUDDY CARPOOLING SERVICE IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE “CARPOOL GIVER” OR RIDE VEHICLE OWNER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A “CARPOOL TAKER” CONTACTED THROUGH THE RIDE BUDDY CARPOOLING PLATFORM, AND IT IS UP TO THE “CARPOOL TAKER” TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY “CARPOOL GIVER” CONTACTED THROUGH THE RIDE BUDDY CARPOOLING PLATFORM. ANY DECISION BY A USER (CARPOOL GIVER OR CARPOOL TAKER) TO OFFER OR TAKE A RIDE ONCE SUCH USER IS MATCHED THROUGH THE RIDE BUDDY CARPOOLING PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. THE RIDE BUDDY CARPOOLING SERVICE OFFERS INFORMATION AND A METHOD TO DISCOVER AND CONNECT “CARPOOL GIVERS” AND “CARPOOL TAKERS” WITH EACH OTHER, BUT DOES NOT INTEND TO AND DOES NOT PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY “CARPOOL TAKER” BY ANY “CARPOOL GIVER” USING THE RIDE BUDDY CARPOOLING PLATFORM. YOU AGREE THAT THE RIDE BUDDY CARPOOLING PLATFORM ONLY PLAYS A TRANSIENT ROLE IN PROVIDING A TECHNOLOGICAL PLATFORM FOR CONNECTING YOU WITH A CARPOOL GIVER/ CARPOOL TAKER, AS THE CASE MAY BE AND AS SUCH, THE RIDE BUDDY CARPOOLING PLATFORM IS AND CONTINUES TO BE AN INTERMEDIARY FOR THE PURPOSES OF THE INFORMATION TECHNOLOGY ACT, 2000.

Purpose of Ride Buddy Carpooling Services

For the purposes of Ride Buddy Carpooling Services, Ride Buddy represents the information platform designed and intended only for use as a platform for carpooling by interested users to find, connect with, and join other suitable users interested in sharing rides.

Sharing refers to joining (or allowing to join) another person, with a similar objective of sharing a vehicle for travel on a common route agreed by both parties, with or without using the Ride Buddy Carpooling Services through the Ride Buddy platform. Ride-sharing may or may not be accompanied by ride cost-sharing among the traveling parties, the details of which will need to be agreed between both parties, before they decide to ride-share. Ride Vehicle Owner (Carpool Giver) represents the vehicle owner who is the registered and legal owner of the vehicle – car that is intended to be used for the act of sharing (defined above) through the Ride Buddy platform for Ride Buddy Carpooling Services.

Carpool Takers joining the Ride Vehicle Owner (Carpool Giver) through the Ride Buddy platform for Ride Buddy Carpooling Services, for the express intention of ride-sharing only (that may or may not include ride cost-sharing, as mutually agreed).

Carpool Giver and Carpool Taker Representations, Warranties, and Obligations

• 38.1 By using the Ride Buddy Carpooling Services, the Carpool Giver represents, warrants the following to both Ride Buddy and any Carpool Taker and agrees that:
• 38.1.1 Such Carpool Giver is at least 18 years of age.
• 38.1.2 Such Carpool Giver possesses a valid Driving license issued by the relevant government authority and is authorized to operate a motor vehicle and has all appropriate licenses, approvals, and authority to drive/ride the Ride Vehicles in all jurisdictions in which such Carpool Giver uses the Carpooling Services.

Carpool Giver and Carpool Taker Representations, Warranties, and Obligations

• 38.1 By using the Ride Buddy Carpooling Services, the Carpool Giver represents, warrants the following to both Ride Buddy and any Carpool Taker and agrees that:
• 38.1.3 Such Carpool Giver owns, or has the legal right to operate, the Ride Vehicle such Carpool Giver uses when accepting Carpool Takers, and such Ride Vehicle is in good operating condition and meets all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
• 38.1.4 Such Carpool Giver is not registered or enrolled or in any manner recorded in any private enterprise record or public record as a taxi or a public/stage or contract carrier driver or operator and that the Ride Vehicle is not registered with any appropriate authority as a public service transportation vehicle, stage carrier/contract carrier or tourist vehicle.
• 38.1.5 Such Carpool Giver is named or scheduled on the insurance policy covering the Ride Vehicle such Carpool Giver uses when accepting Carpool Takers.
• 38.1.6 Such Carpool Giver has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such Ride Vehicle to cover any anticipated losses related to such Carpool Giver’s sharing of rides to Carpool Takers.
• 38.1.7 Such Carpool Giver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the Ride Vehicle such Carpool Giver uses to share rides with Carpool Takers, including, but not limited to personal injuries, death, and property damages.
• 38.1.8 In the event of a motor vehicle accident, such Carpool Giver will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with such Carpool Giver’s insurance carrier.
• 38.1.9 Such Carpool Giver will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
• 38.1.10 Such Carpool Giver will not make any misrepresentation regarding Ride Buddy, the Ride Buddy Platform, the Carpooling Services, or such Carpool Giver’s status as a Driver, offer or provide transportation service for profit, as a public carrier or taxi service, charge for rides or otherwise seek non-voluntary compensation from Carpool Takers, or engage in any other activity in a manner that is inconsistent with such Carpool Giver’s obligations under this Agreement.
• 38.1.11 Such Carpool Giver will only accept Carpool Takers using the Ride Vehicle that has been reported to and added on Ride Buddy carpool platform.
• 38.1.12 Such Carpool Giver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation.
• 38.1.13 Such Carpool Giver is medically fit to drive in accordance with applicable law.
• 38.1.14 Such Carpool Giver will not demand any additional cost from the Carpool Taker other than the mutually pre-agreed cost.
• 38.2 The Carpool Giver further agrees, represents, and undertakes to both Ride Buddy and a Carpool Taker:
• 38.2.1 That the Trip shall not be for any fraudulent, unlawful, or criminal activity.
• 38.2.2 That they will procure for the Ride Vehicle, an insurance policy, which provides insurance cover to the occupants (including, but not limited to, Carpool Takers / Co-Travellers) in the Ride Vehicle and covers third-party liability.
• 38.2.3 That they will present themselves on time and at the place agreed with the specified Ride Vehicle;
• 38.2.4 That they will immediately inform all Carpool Takers of any change whatsoever to the Trip.
• 38.2.5 If one or more Carpool Takers have joined the ride already and the Carpool Giver decides to change any aspect of the Trip, the Carpool Giver undertakes to contact all Carpool Takers who have made a booking in relation to that Trip and to obtain the agreement of all Carpool Takers to the change.
• 38.2.6 If a Carpool Taker refuses the change, they are entitled to a full refund of carpool points and without any deduction of carpool points being given to the Carpool Giver.
• 38.2.7 The Carpool Giver self-declares that he/she complies fully with all legal requirements of owning and driving the Ride Vehicle in use with fully compliant legal documents that include, but are not limited to, a valid driving license, appropriate and valid insurance policy, appropriate registration and tax paid certificates for the vehicle, and a valid pollution-under-control (PUC) certificate.
• 38.2.8 The Carpool Giver must comply with agreed timings and reach the pickup point on time or keep the Carpool Takers informed in case of any unforeseen delay. The Carpool Giver shall not deviate from the agreed route unless under exceptional circumstances when the agreed route becomes untenable. In case of any deviation due to exceptional circumstances, the Carpool Giver must keep the Carpool Takers informed of any such change before the deviation, and at the earliest possible time.
• 38.2.9 The Carpool Giver agrees and undertakes to take out and maintain an insurance policy to cover third-party liability, the occupants of the Ride Vehicle, and the Trip offered or confirmed through the Site/Ride Buddy Carpool Platform.
• 38.2.10 The Carpool Giver agrees that they will, on request, provide the Carpool Taker with evidence, in advance of the Trip, of the complete validity of its insurance policy.
• 38.2.11 The Carpool Giver also undertakes to hold a valid driving license and that the Carpool Giver will own or will be entitled to use the Ride Vehicle and that the Ride Vehicle will have a valid PUC (Pollution Under Control) certificate and the Carpool Taker is entitled to request evidence of the Carpool Givers insurance, registration certificate (logbook), driving license, and PUC certificate at any time up to completion of the Trip.
• 38.2.12 It is the Carpool Giver's responsibility to ensure that their insurance provides adequate cover to Ride for the trip. It is up to each Carpool Giver and Carpool Taker to confirm with each other that the Carpool Giver & Carpool Takers are covered by valid insurance. The Carpool Giver must confirm that their insurance policy allows them to carry Carpool Takers and that their insurance policy covers all Carpool Takers in case of any accident or incident, which may occur during a Trip.
• 38.2.13 The Carpool Giver agrees to comply with all driving restrictions, road restrictions, and guidelines and shall comply with all traffic rules and regulations.

38.3

The Carpool Taker agrees, represents and undertakes to both Ride Buddy and a Carpool Giver:

• 38.3.1 You are of age 18 years and above.
• 38.3.2 That the Trip shall not be for any fraudulent, unlawful or criminal activity.
• 38.3.3 That they will present themselves on time and at the place agreed with the Carpool Giver.
• 38.3.4 That they will immediately inform the Carpool Giver or Ride Buddy if they are required to cancel a Carpool.
• 38.3.5 That they will comply with the Good Conduct Charter at all times.
• 38.3.6 The Carpool Taker agrees to wait at the pickup point at the agreed time for the Carpool Giver to arrive.
• 38.3.7 That they will share the agreed ride cost with the Carpool Giver by using the Carpool point system provided on the Ride Buddy platform.
• 38.3.8 That they will not cancel the carpool at last minute and they will agree to share their agreed ride cost, when cancelled at the last minute.

39.1

With respect to Your participation on the Ride Buddy Platform or through the Ride Buddy Carpooling Services, You agree that You will not:

• 39.1 Impersonate any person or entity;
• 39.2 “Stalk” or otherwise harass any person;
• 39.3 Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents or user information of Ride Buddy platform;
• 39.4 Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
• 39.5 Remove any copyright, trademark or other proprietary rights notices contained in the Service;
• 39.6 Interfere with or disrupt the Services or the Ride Buddy Platform or the servers or networks connected to the Services or the Ride Buddy Platform;
• 39.7 Post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• 39.8 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
• 39.9 “Frame” or “mirror” any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Services or the Ride Buddy Platform in order to direct any person to any other web site for any purpose; or
• 39.10 Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services or cause others to do so.

39.11

You further agree that Your Information and Your interactions for the Ride Buddy Carpooling Services on the Ride Buddy Platform shall not:

• 39.12 Be false, inaccurate or misleading (directly or by omission or failure to update information);
• 39.13 Infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• 39.14 Violate any law, statute, ordinance or regulation;
• 39.15 Be defamatory, trade, abusive, obscene, profane, offensive, sexually offensive, threatening, harassing, racially offensive or illegal material;
• 39.16 Contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;
• 39.17 Include in Your Information any telephone numbers, street addresses, last names, URL’s or E-mail addresses other than where explicitly asked for it in the Your registration and profile section;
• 39.18 Contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• 39.19 Create liability for Us or cause Us to become subject to regulation as a transportation carrier or provider of taxi service; or
• 39.20 Link directly or indirectly to any other web sites. You further agree that You will not transfer, use, or sell Your Ride Buddy account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions.

Notwithstanding anything in the foregoing, Members agree and accept that all of the information they provide to Ride Buddy when setting up their user Account and at any other time later, shall be true, correct, complete and accurate in all respects. Members also agree that any information supplied to Ride Buddy or posted on the Site in connection with any Trip, Vehicle or Car Sharing will be true, accurate and complete. Unless expressly agreed by Ride Buddy, Members are limited to one User Account per person/Member. No User Account may be created on behalf of, or in order to impersonate, another person. Ride Buddy reserves the right to suspend the account or apply penalty for the users who violate the intended use and terms and conditions.

Without prejudice to anything stated herein, the Site and the Ride Buddy Carpooling Services are strictly limited to providing a Platform Service for Carpool givers and Carpool Takers to connect them and help them share a car or bike in a private capacity. The Ride Buddy Carpooling Services shall not be used to offer or accept car sharing for hire or reward or for profit or in any commercial or professional context. The Ride Buddy Carpooling Services shall be used only to offer or accept car ride sharing in exchange for carpool points to rotate carpooling or to share the cost of the ride between the Carpool Giver and the Carpool Takers. Members are reminded that using the Carpooling Services and offering Trips for hire or reward or in a commercial or professional capacity may invalidate a Car Owner's insurance and invite adverse legal actions by the road transport authorities. Ride Buddy shall not be liable for any loss or damage incurred by a Member as a result of any breach by a Member of these Conditions including where any Car Owner (in breach of these terms) offers Services through the Site in a professional or commercial capacity (thereby potentially invalidating their insurance) and breach of any agreement between the Carpool Giver and the Carpool Taker. Any offering of Carpool rides in violation of the Conditions shall be at the sole risk of such Member and Ride Buddy shall have no liability towards Members for such violations.

If the Carpool Taker or Carpool Giver fail to comply with any of these terms or any other Conditions Ride Buddy reserves the right to keep information relating to the breach, to publish or disclose this information on the Members online profile and to suspend or withdraw the Member's access to the Ride Buddy Platform, in addition to enforcing such other rights and remedies available under law, that it may explore. You shall ensure that all other persons who accompany the Carpool Taker in the Trip comply with these Conditions as applicable to a Carpool Taker.

CARPOOL WALLET AND PAYMENT SYSTEM:

Point Conversion:

RideBuddy operates on a point-based system. Money added to a user’s RideBuddy wallet will be converted to points at a 1:1 ratio. For example, if you add ₹100 to your wallet, you will receive 100 points.

Wallet Balance Requirement:

To book a ride on RideBuddy, users must maintain a sufficient balance in their RideBuddy wallet. The ride fare will be deducted from the wallet at the time of booking, and the same number of points will be transferred to the driver’s wallet upon ride completion.

Reward Points:

RideBuddy rewards users with points for various activities, including referrals, promotions, and more. These points will accumulate in your “Rewarded Points” balance and can be viewed in your RideBuddy account.

Non-Monetary Value:

Rewarded points hold no monetary value and cannot be converted into real currency or withdrawn from your RideBuddy account.

Payment Utilization:

Users can utilize a portion of their rewarded points to pay for ride fares. The exact percentage of rewarded points that can be utilized for payment may vary based on promotions and campaigns but will be clearly communicated within the app.

Utilization Limits:

Users are not allowed to use all of their rewarded points for a single ride payment. There will be a maximum limit on the percentage of the ride fare that can be paid using rewarded points. This limit will be determined by RideBuddy and communicated to users.

Point Expiry:

RideBuddy points earned through rewards do not expire, as long as the user’s RideBuddy account remains active and in good standing.

Point Addition:

Users can add points to their RideBuddy wallet using various payment methods, including UPI, payment wallets, Cashfree payment gateway, credit cards, and more.

Withdrawal of Wallet Balance:

Users can withdraw the wallet balance that consists of points added to the wallet or points earned by offering rides. Withdrawal requests will be processed based on the user’s approval of these terms and conditions. Please note that during the withdrawal process, a small amount may apply according to the charges imposed by the selected payment gateway or financial institution. These charges will be clearly communicated to the user before confirming the withdrawal.

Withdrawal Process:

When a withdrawal request is approved, the transfer of the withdrawal amount to the user’s desired account will be initiated on the same day. Transfers will be executed through NEFT or UPI.

Fraud Prevention:

RideBuddy reserves the right to investigate and take action against any fraudulent activities related to the point system. Any misuse or fraudulent attempts to gain points may result in the suspension or termination of the user’s account.

Point Adjustments:

RideBuddy may make adjustments to points or wallet balances in cases of errors, discrepancies, or fraudulent activities, as determined by RideBuddy.

Updates and Notifications:

Users will be notified of any changes to the point system terms and conditions through the RideBuddy app. It is the user’s responsibility to stay informed about these changes.

Dispute Resolution:

Any disputes related to the point system should be reported to RideBuddy’s customer support. RideBuddy will make a reasonable effort to resolve disputes in a fair and timely manner.

Note: By using the RideBuddy app and participating in the point system, users agree to these terms and conditions. RideBuddy reserves the right to modify these terms at any time and will notify users of such changes through the app. Users are encouraged to review these terms regularly to stay informed.

SAFETY

You are responsible for your safety with regard to the carpooling undertaken using the Ride Buddy Carpooling Services on the Ride Buddy Platform. Ride Buddy Platform for Ride Buddy Carpooling Services is only a technology-enabled social platform that helps you to initiate, accept and undertake carpooling in order to use sustainable means of commuting, reduce fuel cost, reduce stress associated with driving and reduce overall traffic on the roads. You are encouraged to use Ride Buddy responsibly and safely, Ride Buddy provides you with multiple matches based on your routes and it is up to the Carpool Giver and Carpool Taker to choose their carpool partners.

RESTRICTED ACTIVITIES: 45.1

You agree that You will use the Ride Buddy Carpooling Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate

45.2

Your participation in the Ride Buddy Platform will be terminated, if You have misused the Ride Buddy Platform or the Ride Buddy Carpooling Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.

45.3

Carpooling with family members with the intention of exploiting the platform and its offers is prohibited.

45.4

Ride Buddy Platform for rendering Ride Buddy Carpooling Services is developed to permit, and can only be used to offer two (2) rides by a Carpool Giver and/or Carpool Taker in 24 hours of a calendar day. Any attempt to increase the number of trips by an individual either directly or indirectly (by creating alias profiles) would be deemed as a breach of these terms, warranting immediate suspension/termination of the account without any further notice.

By accepting this Agreement, you agree that: 46.1

We may obtain information about You, including without limitation the Carpool Giver’s driving record, location, references, Contacts, Account balance and credit information.

46.2

You hereby, expressly, and this shall be deemed to be a written consent as per the relevant laws, authorizing Us to perform a background check on You, and further agrees to provide any necessary authorization through mail, letter or fax to facilitate Ride Buddy access to Your official driving record, references and credit information during the term of the Agreement.

46.3

You accept the terms of Ride Buddy’s Privacy Policy.

INDEMNITY 47.1

You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including:

47.2

Your breach of this Agreement or the documents it incorporates by reference; or

47.3

Your violation of any law or the rights of a third party, including, without limitation, Carpool Givers, Carpool Takers, other motorists, and pedestrians, as a result of Your own interaction with such third party,

47.4

any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;

47.5

Your ownership, use or operation of a motor vehicle or passenger vehicle, including Your provision of rides to Carpool Takers; and/or

47.6

any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

OTHER DISCLAIMERS 48.1

We, Our subsidiaries, officers, directors, employees and our suppliers provide the Ride Buddy Platform and the Services on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Ride Buddy Platform and/or the Services. We, Our subsidiaries, officers, directors, employees and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non- infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components.

48.2

We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the Ride Buddy Platform or the Services by persons under the age of 18yrs in violation of this Agreement. We are not responsible or liable in any manner for any Content posted on the Ride Buddy Platform or in connection with the Service, whether posted or caused by Users of the Ride Buddy Platform, by Ride Buddy, by third parties or by any of the equipment or programming associated with or utilized in the Ride Buddy Platform or the Services. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the Ride Buddy Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Ride Buddy Platform or in connection with any Content. Ride Buddy is not responsible for the conduct, whether online or offline, of any user of the Ride Buddy Platform or Services. It also is possible for others to obtain personal information about You due to Your use of the Ride Buddy Platform or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Ride Buddy Platform or through the Services.

48.3

You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the Ride Buddy Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users. Ride Buddy only offers a venue that enables Carpool Givers and Carpool Takers to match with each other. Ride Buddy does not offer transportation services and Ride Buddy is not a transportation company. We are not involved in the actual ride provided by Carpool Givers to Carpool Takers. As a result, We have no control over the quality or safety of the ride that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the of Participants’ information listed on the Ride Buddy Platform. We cannot ensure that a Carpool Giver or Carpool Taker is who he or she claims to be or that a Carpool Giver or Carpool Taker will actually complete an arranged service. We reserve the right to change any and all Content, software and other items used or contained in the Ride Buddy Platform and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Ride Buddy or the Ride Buddy Platform.

48.4The Ride Buddy Platform and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Ride Buddy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Ride Buddy is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the Ride Buddy Platform, on any web site or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.

48.5Ride Buddy will try best to provide accurate information related to Location, Estimated time, User profiles. However it is Your responsibility to validate before using. Company will try best to make services up and running reliably however it is not an obligation and there is no guarantee provided. Ride Buddy Carpool Platform shall not be used in critical or important scenarios, if used it is at members discretion and liability.

CONFIDENTIALITY

49.1You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Ride Buddy’s business, operations and properties (“Confidential Information”) disclosed to You by Ride Buddy for Your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Ride Buddy in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to Ride Buddy with regard to any Confidential Information which You can prove:

49.2was in the public domain at the time it was disclosed by Ride Buddy or has entered the public domain through no fault of Yours; was known to You, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Ride Buddy;

49.3becomes known to You, without restriction, from a source other than Ride Buddy without breach of this Agreement by You and otherwise not in violation of Ride Buddy’s rights; or

49.4is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Ride Buddy to enable Ride Buddy to seek a protective order or otherwise prevent or restrict such disclosure.

NO AGENCY

50.1You and Ride Buddy are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

LIMITATION OF LIABILITY

51.1IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH RIDE BUDDY, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF RIDE BUDDY OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF RIDE BUDDY OR THE SERVICES, OR INTRODUCED TO YOU VIA RIDE BUDDY OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, LOSS OF PRODUCTIVE TIME, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT.

51.2Ride Buddy has no responsibility whatsoever for the actions or conduct of “Carpool Givers” or “Carpool Takers”. Ride Buddy has no obligation to intervene in or be involved in any way in disputes that may arise between “Carpool Givers”, “Carpool Takers”, or Third Parties. Responsibility for the decisions you make regarding providing or accepting ride sharing rest solely with You. It is each user’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the services. Ride Buddy may but has no responsibility to screen or otherwise evaluate potential users. Users understand and accept that Ride Buddy has no control over the identity or actions of the Carpool Givers and Carpool Takers, and Ride Buddy requests that users exercise caution and good judgment when using the services Carpool Givers and Carpool Takers use the services at their own risk and evaluation.

51.3Notwithstanding anything in the foregoing and without prejudice thereto, Ride Buddy shall not be liable for any loss or damage arising as a result of:

51.3.1False, misleading, inaccurate or incomplete information being provided by a Member;

51.3.2The cancellation of a Trip by a Carpool Giver or Carpool Taker;

51.3.3Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Carpool Giver or Carpool Takers before, during or after a Trip.

51.3.4Ride Buddy will not be liable to any Member for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of the services provided by, or enabled through, the Ride Buddy platform (whether suffered or incurred as a result of the Ride Buddy's negligence or otherwise).

51.4Ride Buddy will not be liable to any Member in relation to any Ride. Given that Carpool Givers are required to hold valid insurance to cover a Ride and given that Ride Buddy's service is limited to putting Carpool Givers and Carpool Takers in touch with each other and cannot oversee any Ride, Members accept that the limitations on the Ride Buddy's liability set out above are reasonable.

RELEASE: In the event that You have a dispute with one or more Users, You agree to release Ride Buddy (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the Ride Buddy Platform or the Carpooling Services.

BREACH

53.1Without limiting other remedies, We may terminate Your Participation, remove Your Information, warn Our community of Your actions, issue a warning, and refuse to provide Our services to You if:

53.1.1You breach this Agreement or the documents it incorporates by reference;

53.1.2We are unable to verify or authenticate any information You provide to Us;

53.1.3We believe that Your actions may cause financial loss or legal liability for You, Our users or Us, or subject Ride Buddy or You or any other User to regulation by any state or local government or regulatory agency; or

53.1.4if We suspect that You have engaged in fraudulent activity in connection with the Ride Buddy Platform or the Services.

53.1.5The feedback/rating from other users is low.

AGREEMENT TO ARBITRATE ALL DISPUTES AND LEGAL CLAIMS

54.1 This Agreement shall be governed in accordance with laws of India. You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Ride Buddy Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved amicably by mutual discussions, shall be submitted to binding arbitration. Disputes will be resolved by arbitration, by a single arbitrator appointed upon mutual consent by the disputing Parties, in Bengaluru, India. If the Parties fail to appoint a sole arbitrator by mutual consent then arbitrators shall be appointed in accordance with the Indian Arbitration and Conciliation Act, 1996. The Courts at Bengaluru shall have exclusive jurisdiction to settle any disputes arising out of this Agreement.

NOTICES, COMPLAINTS

55.1 Except as explicitly stated otherwise, any notices to Ride Buddy shall be given by certified mail, postage prepaid and return receipt requested to AP Mobility India Pvt Ltd., #C-156 Radha Garden, Mawana Road, Ganga Nagar, Meerut, Uttar Pradesh 250001., and any notices to You shall be provided to You through the Ride Buddy Platform or given to You via the email address You provide to Ride Buddy during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Ride Buddy during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

55.2 To resolve a complaint regarding the Service, You should first contact Our Customer Service Department by email at [email protected]. If you like to escalate to senior officer, send email to [email protected].

TERM AND TERMINATION

56.1 This Agreement is effective upon use of the Ride Buddy Platform or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users.

56.2 You may terminate Your participation in the Services at any time, for any reason upon receipt by Us of Your written or email notice of termination.

56.3 Either You or We may terminate Your participation in the Ride Buddy Platform, for any or no reason, without explanation. Upon such termination, We may retain an archived copy of records We have about You as may be required by law. We maintain sole discretion to bar Your use of the Services in the future, for any or no reason. Even after Your participation in the Ride Buddy Platform is terminated, this Agreement will remain in effect.

DISPUTE BETWEEN/WITH MEMBERS:

57.1 Notwithstanding anything contained in this agreement, Ride Buddy may at its sole discretion provide its Members with an online service for resolving inter member disputes. This service is non-binding. Ride Buddy is under no obligation to seek to resolve disputes and this Service is offered at Ride Buddy's sole discretion and may be withdrawn at any time. Without prejudice, disputes arising out the Ride between Carpool Giver(s) and Carpool Taker(s) or any other matter in relation to the use of the Ride Buddy Platform between the Members shall be dealt with independently between such parties as deemed necessary.

57.2 Notwithstanding anything contained in this agreement, Ride Buddy reserves its right to suspend or terminate the account of any Member, who is found to be in breach of any of the terms of this Agreement, and render the Ride Buddy Platform inaccessible (temporarily or permanently, as the case maybe) with or without notice to such Member and without prejudice to such other legal claims that Ride Buddy may choose to agitate against such Member in breach, before an appropriate forum, at its discretion.

GENERAL

58.1 This Agreement shall be governed by the laws in India without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed severed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Ride Buddy, in Our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and Ride Buddy with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.

Section 2: Payment Terms

The Ride Buddy platform for the purposes of Ride Buddy Carpooling Services provides the option to measure the carpooling contribution by each user through the Carpool Point system. The “Carpool Giver” when he offers the ride to “Carpool Taker,” he gets points as per the distance shared. The points can be used to take carpool or can be redeemed. The point system will help drive the rotational carpooling among a large group of users or splitting and sharing of ride costs.

Ride Buddy for the purposes of Ride Buddy Carpooling Services works on a Carpool points system where points are transferred from Carpool Taker to Carpool Giver through the Ride Buddy application. Cash cannot be used as a mode of payment for successful rides and hence, Ride Buddy has enabled the following modes of payment for Carpool Takers:

Linked existing prepaid wallets (Paytm, etc.) to the Ride Buddy registered account of the Carpool Taker – Upon completion of the ride, points will be debited from the linked wallet of the Carpool Taker.

Pay later with Simpl – Carpool Taker can avail of ‘pay later’ service offered by Simpl, on the Ride Buddy platform – Carpool Taker can link their Simpl account with the Ride Buddy account and choose to make payment for their rides within the due date set forth by Simpl.

Redemption of Carpool points by the Carpool Giver is either through semi-closed PPI issued by Paytm, Amazon Pay, Sodexo, etc. (either instant or periodic).

For the purposes of Ride Buddy Carpooling Services, in the event that the redemption of points is through semi-closed PPI, the Carpool Giver has to undertake (by way of affidavit or self-declaration) that the amounts credited in the wallet will be used only for the purposes of fuel, service/ vehicle maintenance, and insurance costs. Once the amount is credited to the opted wallet, it will be governed by the terms and conditions of that wallet company. Ride Buddy at its discretion may monitor the usage of the amounts so credited for the purposes of fuel as declared by the Carpool Giver but is under no obligation to do so.

For the purposes of Ride Buddy Carpooling Services, Ride Buddy reserves the right to decide the fees such as Platform Service Fees, Subscription Fees, and Inactive User Account Maintenance Fees etc. as applicable to run the Ride Buddy Application. The user agrees to pay these fees by agreeing to the terms and conditions.

Other Payment Terms for the purposes of Ride Buddy Carpooling Services:

• Ride Sharing Points. Ride Sharing Points are displayed to Carpool Taker before joining the ride. Carpool Taker agrees to give to Carpool Giver. Ride Buddy reserves the right to cap the number of points for a ride.
• Cash prohibited. All Carpool points transfer made by “Carpool Taker” to “Carpool Giver” shall only be made through the Ride Buddy Platform. Cash Payments are strictly prohibited.
• Carpool Giver agrees to redeem the points earned by offering a ride is only for the purposes of vehicle maintenance like fuel, service, and insurance costs.
• Administrative Fee. Ride Buddy receives an administrative fee of 9% or a minimum of 5 rupees (the “Administrative Fee” or “Platform Fees” or “Service Fees”) for each ride shared towards the cost of technology, services, infrastructure, and support. Ride Buddy may change its Administrative Fee as we deem necessary for our business.
• Subscription Fees. Ride Buddy may charge you the periodic subscription fees for usage of the Ride Buddy platform.
• Account Maintenance Fees: Ride Buddy may charge you the periodic Account maintenance fees for usage of the Ride Buddy platform.
• All payments made are non-refundable. This no-refund policy shall apply at all times regardless of a Carpool Taker’s decision to terminate usage of Ride Buddy, our decision to terminate a Carpool Taker’s usage, disruption caused to our Services either planned, accidental or intentional, or any other reason whatsoever.
• Promotional Offers. Ride Buddy, at its sole discretion, may make available promotional offers with different features to any of our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract.
• Facilitation of Payments. All Charges, as applicable, shall be facilitated through standard payment gateway., Ride Buddy’s third-party payment processing services.
• Ride Buddy platform should not be used for moving money between wallets and for any financial transfers or for any money laundering activities.
• Ride Buddy as a platform shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, by payment gateway services.