2. USER ACCOUNT
- 1.1. The Service is designed to provide a communication platform to connect and match Users who are looking for a car ride (“Passengers”) with Users who are offering to provide car rides (“Drivers”). PLEASE BE AWARE THAT WPCPL DOES NOT PROVIDE TRANSPORTATION SERVICES, AND IS NOT A CARRIER OR TRANSPORT PROVIDER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A PASSENGER CONTACTED THROUGH THE SERVICE, AND IT IS LEFT TO THE DISCRETION OF THE PASSENGER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE SERVICE. PLEASE NOTE THAT WPCPL OFFERS INFORMATION AND A METHOD TO CONNECT DRIVERS AND PASSENGERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES OBTAINED BY ANY PASSENGER OR PROVIDED BY ANY DRIVER USING THE SERVICES.
3. PAYMENT AND CANCELLATION
- 2.1. In order to use the Service, you are required to provide various information about yourself including your name, email address, address, date of birth and other personal information (“User Data”), and are required to be over the age of eighteen (18) years. You agree that any information you provide to WPCPL will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.
- 2.2. Users may receive ratings based on their usage patterns. The User acknowledges and agrees that these ratings maybe exhibited on the Website/Application
4. INTELLECTUAL PROPERTY
- 3.1. In order to use the Services, you shall be required to provide us your payment information such as your credit/debit card information or other payment instrument or authorisation to your payment wallet. You represent and warrant to WPCPL that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay WPCPL the fees charged for rides and any other fees described on the WPCPL website or the Service.
- 3.2. In the event that you cancel a ride booking made on the Website/Application more than five (5) minutes after such request, WPCPL may levy a cancellation feeof ten per cent (10%) of the estimated ride fare(the “Cancellation Fee”).
5. USAGE AND CONDUCT
- 4.1. The Website/Application contains content owned or licensed by WPCPL (“WPCPL Content”). WPCPL owns and retains all rights in the WPCPL Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the WPCPL Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the WPCPL Content.
- 4.2. The WPCPL name and logo are trademarks of WPCPL, and may not be copied, imitated or used, in whole or in part, without the prior written permission of WPCPL, except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of WPCPL, and may not be copied, imitated or used, in whole or in part, without prior written permission from WPCPL.
- 4.3. If you share your User Information (defined below) with WPCPL or link your User Information and/or User Content to WPCPL on a third party service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to WPCPL a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Information and your name, voice, and/or likeness as contained in your User Information, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website/Application and WPCPL’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Website/Application(and derivative works thereof) in any media formats and through any media channels.
- 5.1. Use of the Website/Application
- 5.1.1. You may use the Website/Application for lawful purposes only. You shall not post or transmit through the Website/Application, any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
- 5.1.2. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website/Application in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website/Application; (iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Website/Application; (v) collecting or harvesting any personally identifiable information, including account names, from the Website/Application; (vi) using the Website/Application for any commercial purposes without having all necessary rights and licenses to the User Information; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (viii) interfering with the proper working of the Website/Application; (ix) accessing any content on the Website/Application through any technology or means other than those capabilities provided by the Website/Application; or (x) bypassing the measures we may use to prevent or restrict access to the Website/Application, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website/Application or the content therein.
- 5.2. User Content Guidelines:
- 5.2.1. You are solely responsible for your conduct and any data and other content you submit, post or display on or via the Website/Application (“User Content”). WPCPL shall have no liability for conduct in relation to your use of our Website/Application. Violations of these Terms may result in legal consequences prescribed by the applicable laws.
- 5.2.2. You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. WPCPL reserves the right, but is not obligated, to reject and/or remove any User Content that WPCPL believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all Website/Application therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- 5.2.3. In connection with your User Content, you affirm, represent and warrant the following:
- a. Your User Content and your use thereof as contemplated by these Terms and the Website/Application will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
- b. To the extent that you use the Website/Application for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website/Application.
- c. WPCPL may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- d. WPCPL takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Website/Application, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that WPCPL is only acting a passive conduit for the distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.
- 6.1. THE WEBSITE/APPLICATION IS PROVIDED ON AN “AS IS” BASIS, AND USE OF THE WEBSITE/APPLICATION IS AT THE USER’S RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE/APPLICATION IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WPCPL OR THROUGH THE WEBSITE/APPLICATION WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WPCPL, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT FOUND ON THE WEBSITE/APPLICATION IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE/APPLICATION WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE/APPLICATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE/APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE/APPLICATION IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE/APPLICATION.
- 6.2. The Website/Application is a platform through which certain Drivers make available their services, and the Driver is solely responsible to you for the care and quality of the services it provides.
- 6.3. You agree and acknowledge that WPCPL does exercise any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and the Driver(s).
- 6.4. WPCPL does not make any representation or warranty as to the quality of the services made available by the particular Driver, or his/her conduct. or value of the goods offered on the Website/Application. WPCPL does not implicitly or explicitly support or endorse any Drivers on the Website/Application, and shall not be a party to, or in any way monitor any transaction between you and any Driver. WPCPL accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- 6.5. You acknowledge that the Website/Application is merely a platform that connects Passengers to Drivers, and while WPCPL requires all Users to provide proof of identity, WPCPL cannot and does not guarantee that each Driver is who he/she claims to be. You are advised to exercise abundant caution to ascertain the identity of the Driver by looking at the photos of the Driver.
- 6.6. You further acknowledge that given the nature of the Service and the Website/Application, WPCPL cannot be responsible for the conduct, whether online or offline, of the Drivers on the Website/Applicationor the Services. You are solely responsible for your interactions with other Users, andby using the Services, you agree to accept such risks, and agree that WPCPL shall have no responsibility for the acts or omissions of the Drivers, and WPCPL will have no liability or responsibility with respect thereto. WPCPL reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the WPCPL.
- 6.7. WPCPL is not responsible for any non-performance or breach of any contract entered into between you and the Driver(s), shall not and is not required to mediate or resolve any dispute or disagreement between you and the Driver (s).
- 6.8. You acknowledge that WPCPL does not procure insurance for rides booked through the Website/Application, nor is WPCPL responsible forany claims or damages arising out of, or as a result of a Passenger’s travel in a vehicle booked through the Website/Application
- 6.9. You understand and acknowledge that the Service is not intended for and should not be used or relied on in the case of an emergency, while driving or operating vehicles, or in a manner where the failure or inaccuracy of the Service could lead directly to death, personal injury, or severe physical or property damage.
- 6.10. You acknowledge that there will be occasions when the Website/Application may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
- 6.11. We may, without prior notice, change the Website/Application, stop providing the Website/Application or features of the Website/Application, to you or to Users generally, or create usage limits for the Website/Application. We may permanently or temporarily terminate or suspend your access to the Website/Application, or delete any User Information without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
8. LIMITATION OF LIABILITY
- 7.1. Despite any provisions of law to the contrary, you shalldefend, indemnify, and hold WPCPLand its officers, directors, agents, employees, and consultants harmless for damages, liabilities, claims, losses, costs, demands, suits, actions, and reasonable expenses (including attorneys' fees and settlement costs) arising out of or relating to your use or misuse of the Service, your receipt of transportation services through the Service, any User Content, your connection to the Service, your violation of these Terms or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein, or your violation of any rights of another.
9. PRIVACY AND SECURITY
- 8.1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WPCPLSHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WPCPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.WPCPL SHALL BEAR NO LIABILITY RELATED TO TRANSPORTATION PROVIDED BY DRIVERS TO PASSENGERS. THIS MEANS THAT THE COMPANY WILL HAVE NO RESPONSIBILITY FOR DAMAGES RESULTING FROM ANY INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE SUFFERED BY PASSENGERS OR DRIVERS IN THE EVENT OF AN ACCIDENT OR INCIDENT OR OTHERWISE, EXCEPT TO THE EXTENT REQUIRED BY WPCPL INSURANCE POLICY TERMS.
- 8.2. IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE RIDE WITH RESPECT TO WHICH THE CLAIM HAS ARISEN.
- 9.2. You understand that WPCPL cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
11. GOVERNING LAW
- 10.1. WPCPL may terminate these Terms, or your access to the Services in the event of a breach of any of the provisions of these Terms by you, with or without prior notice. WPCPL may also stop providing the Services to you, or all users when it is no longer practicable or feasible to do so. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
12. MISCELLANEOUS PROVISIONS
- 11.1. This Agreement shall be governed by the laws of India, and the courts of Bangalore shall have exclusive jurisdiction with respect to any dispute arising hereunder.
- 12.1. Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
- 12.2. Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
- 12.3. Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws
- 12.4. No Agency: Each party to these Terms is acting and shall act solely as an independent contractor. In no way is either Party to be construed as the agent, or to be acting as the agent, of the other party in any respect, notwithstanding any provision of this Agreement. The Parties expressly agree that nothing contained herein shall be deemed to create the legal relationship of agent and principal or employer-employee between WPCPL and the User.
- 12.5. No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
- 12.6. Notices:
Any notice required or permitted to be given to WPCPL hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified by WPCPL. All notice required to be given under these Terms shall be addressed to:
Wizard Group of Companies (P) Ltd
30/a Promenade Road, Fraser town,