Terms and Conditions

Effective 1 October 2020

INDIA

1. Contractual Relationship

These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available by Think Crazy Technologies Private Limited (using their trademarked brand “MetroRide”) a private limited liability company established in India, having its registered office at Prerana Towers, No: 563/1, 1st Floor, Ranka Colony Road, Bangalore 560076 along with office in other states with Corporate Identification Number U72900KA2019PTC129009. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and MetroRide. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. MetroRide may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. MetroRide may amend the Terms related to the Services from time to time. Amendments will be effective upon MetroRide’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Our collection and use of personal information in connection with the Services is as provided in MetroRide’s Privacy Policy located at https://www.metroride.in/privacy.html. MetroRide may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a driver and such information or data is necessary to resolve the complaint, dispute or conflict.

2. The Services

The Services constitute a technology platform that enables users of MetroRide’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services either directly with MetroRide or with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with MetroRide or certain of MetroRide’s affiliates (“Third Party Providers”). Unless otherwise agreed by MetroRide in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

LICENSE.

Subject to your compliance with these Terms, MetroRide grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by MetroRide and MetroRide’s licensors.

RESTRICTIONS.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by MetroRide; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

THIRD PARTY SERVICES AND CONTENT.

The Services may be made available or accessed in connection with third party services and content (including advertising) that MetroRide does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. MetroRide does not endorse such third party services and content and in no event shall MetroRide be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service. OWNERSHIP. The Services and all rights therein are and shall remain MetroRide’s property or the property of MetroRide’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner MetroRide’s company names, logos, product and service names, trademarks or services marks or those of MetroRide’s licensors.

3. Your Use of the Services

USER ACCOUNTS.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to MetroRide certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or MetroRide’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by MetroRide in writing, you may only possess one Account.

USER REQUIREMENTS AND CONDUCT.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the driver or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

TEXT MESSAGING.

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from MetroRide at any time by sending an email to support@MetroRide.in indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

PROMOTIONAL CODES.

MetroRide may, in MetroRide’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that MetroRide establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by MetroRide; (iii) may be disabled by MetroRide at any time for any reason without liability to MetroRide; (iv) may only be used pursuant to the specific terms that MetroRide establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. MetroRide reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that MetroRide determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

USER PROVIDED CONTENT.

MetroRide may, in MetroRide’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to MetroRide through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to MetroRide, you grant MetroRide a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and MetroRide’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant MetroRide the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor MetroRide’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by MetroRide in its sole discretion, whether or not such material may be protected by law. MetroRide may, but shall not be obligated to, review, monitor, or remove User Content, at MetroRide’s sole discretion and at any time and for any reason, without notice to you.

NETWORK ACCESS AND DEVICES.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. MetroRide does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Payment

You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). After you have received services or goods obtained through your use of the Service, MetroRide will facilitate your payment of the applicable Charges. Charges will be inclusive of applicable taxes where required by law. MetroRide reserves the right to charge you an additional amount for pickup facility provided at various places along with applicable taxes (including but not limited to GST). Charges paid by you are final and non-refundable, unless otherwise determined by MetroRide. All Charges are due immediately and payment will be facilitated by MetroRide using the preferred payment method designated in your Account, after which MetroRide will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that MetroRide may use a secondary payment method in your Account, if available. As between you and MetroRide, MetroRide reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in MetroRide’s sole discretion. MetroRide will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. MetroRide may from time to time provide certain users with promotional offers, subscriptions and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers, subscriptions and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services at any time prior to the MetroRide driver’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the MetroRide driver for the services or goods provided. Any representation by MetroRide (on MetroRide’s website, in the Application, or in MetroRide’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that MetroRide provides any additional amounts, beyond those described above, to the drivers. You understand and agree that, while you are free to provide additional payment as a gratuity to any driver who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your driver.

REPAIR OR CLEANING FEES.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, MeroRide’s vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a driver reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by MetroRide in MetroRide’s reasonable discretion, MetroRide reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account.

5. MetroRide Wallet

These terms and conditions ("Terms") govern the usage of the MetroRide Wallet, a digital wallet provided by MetroRide, a ride-hailing platform ("Company”). By using the MetroRide Wallet, you ("User" or "You") agree to abide by these Terms.

1. Wallet Recharge:

1.1 The MetroRide Wallet can be recharged by Users through authorized channels provided by the Company.

1.2 The minimum and maximum recharge amounts shall be subject to the Company's discretion and as per RBI guidelines.

2. Wallet Usage:

2.1 The MetroRide Wallet balance can be used for booking rides on the MetroRide platform.

2.2 The Wallet balance is non-transferable and can only be used for availing MetroRide services.

3. Expiry of Wallet Balance:

3.1 The balance in the MetroRide Wallet will expire if not used for over 6 months from the date of the last transaction.

3.2 The Company will not be liable to reimburse or refund the expired balance.

4. Refund Policy:

4.1 All transactions made using the MetroRide Wallet are final and non-refundable, except as outlined in special cases mentioned below.

4.2 In special cases, at the Company's sole discretion, refunds may be initiated. Such cases could include technical errors, failed transactions, or any other circumstances deemed appropriate by the Company.

4.3 The Company reserves the right to review and process refund requests within a reasonable time frame.

5. Discretionary Refunds:

5.1 The Company holds the discretion to consider refund requests for exceptional cases not explicitly mentioned in these Terms.

5.2 The Company's decision to provide a refund or deny it shall be final and binding.

6. Loss or Theft:

6.1 Users are solely responsible for the security of their MetroRide Wallet accounts.

6.2 In case of loss, theft, or unauthorized access to the Wallet account, Users should promptly notify the Company to take necessary action.

7. Account Suspension and Termination:

7.1 The Company reserves the right to suspend or terminate a User's MetroRide Wallet account in case of any violation of these Terms, fraudulent activities, or misuse of the Wallet.

7.2 In case of account suspension or termination, the User shall forfeit the Wallet balance without any liability on the Company.

8. Amendments to Terms:

8.1 The Company reserves the right to modify, alter, or update these Terms at any time without prior notice.

8.2 Continued use of the MetroRide Wallet after modifications implies acceptance of the updated Terms.

9. Governing Law and Jurisdiction:

9.1 These Terms and the usage of the MetroRide Wallet shall be governed by the laws of India.

9.2 Any disputes arising out of or in connection with the Wallet usage shall be subject to the exclusive jurisdiction of the courts in the city where the Company's registered office is located.

By using the MetroRide Wallet, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree with these Terms, you should refrain from using the Wallet.

6. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MetroRide DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MetroRide MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

MetroRide SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF MetroRide HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MetroRide SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. MetroRide SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MetroRide’S REASONABLE CONTROL. IN NO EVENT SHALL MetroRide’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE THOUSAND RUPEES (A500). THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

INDEMNITY.

You agree to indemnify and hold MetroRide and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) MetroRide’s use of your User Content; or (iv) your violation of the rights of any third party.

7. Governing Law; Arbitration.

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

8. Other Provisions

CLAIMS OF COPYRIGHT INFRINGEMENT.

Claims of copyright infringement should be sent to MetroRide’s designated agent. Please visit MetroRide’s web page at https://www.metroride.in/ for the designated address and additional information. NOTICE. MetroRide may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to MetroRide by written communication to MetroRide's address as mentioned above GENERAL. You may not assign or transfer these Terms in whole or in part without MetroRide’s prior written approval. You give your approval to MetroRide for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of MetroRide’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, MetroRide or any driver as a result of the contract between you and MetroRide or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

HOW DOES MetroRide HANDLE EMERGENCY REQUESTS?

We have a process for evaluating requests on an emergency basis where there is an emergency that involves protecting a user, driver, or third party or stopping illegal activity that poses an immediate threat of death or serious bodily harm. Requestors must submit an Emergency Request Form (which can be requested through care@MetroRide.in) that describes in detail the nature of the emergency, and we review these requests on a case-by-case basis. Law enforcement can submit an emergency request by emailing care@MetroRide.in. Please note that we will only review and respond to emergency requests from law enforcement and will not respond to emergency requests sent to this address by non-law enforcement officials. Non-law enforcement officials aware of an emergency situation should immediately and directly contact local law enforcement officials.

DOES MetroRide NOTIFY INDIVIDUALS OF A LAW ENFORCEMENT REQUEST FOR INFORMATION RELATING TO THEM?

Yes, we may notify subjects before producing their information to law enforcement, unless we are prohibited by law from doing so, or in exceptional circumstances such as emergencies. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other appropriate process establishing that notice is prohibited.

DOES MetroRide PROVIDE A CERTIFICATE OF AUTHENTICATION OR EXPERT TESTIMONY?

We may provide a certification from our records custodian but are not generally able to provide in-person or expert witness testimony. Law enforcement officials with questions about these guidelines should email care@MetroRide.in. Please note that we will not respond to non-law enforcement inquiries received at this email address. For non-law enforcement inquiries, please see Guidelines for Third Party Data Requests.