The Platform provides the following services (“Services”) to You:
- It allows you to pick up and drop off packages from one location to the other through the Captains (“Package Services”).
- It allows you to avail transportation services provided by the Captains on our Platform (“Transportation Services”).
- The Company shall take your booking request and forward it to the Captain through an app-based device operating on GPS-GPRS based device available with the Captain.
- The Captain shall have the sole discretion to accept or reject each request for the Service.
- If the Captain accepts the booking request made by the Company, a notification will be sent you with the information regarding the Captain including its name, contact number etc.
- The Company shall make reasonable efforts to bring you in contact with the Captain in order to obtain the Service subject to availability of the Captain in or around your location at the time of your booking request made to the Company.
- For the avoidance of doubt, it is clarified that the Company itself does not provide the Services. It is the Captain who shall render the Services to you.
- Even after acceptance of booking, the Captain may not reach your pick up location or decide not to render his services. in which event the Company shall not be held liable.
- You warrant that the information you provide to the Company is accurate and complete. The Company is entitled at all times to verify the information that you have provided. You may only access the Services using authorized means.
- The Company shall not be liable if you do not download the correct Platform or visit the appropriate web portal.
- The Company reserves the right to discontinue or introduce any of the modes of booking Vehicles and/or for providing Package Services.
- You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation and will comply with all applicable laws of the Republic of India.
- You will treat the Captain with respect and not cause damage to their Vehicle or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their Vehicle;
- The Company is not responsible for the behaviour, actions or inactions of drivers of Vehicles, Captains or quality of Vehicle which you may use. Any contract for the provision of Vehicle for the Services is exclusively between you and the Captain and the Company is not a party to the same.
- You also agree that you shall not request for dispatch of item(s) which require a special transportation permit or require any special license under applicable law.
- The Company does not check or verify the packages that are being picked up and dropped off on behalf of You or the Items that are being delivered to You by the Captain, and therefore the Company shall have no liability with respect to the same. However, if it comes to the knowledge of the Company that You have packaged any illegal or dangerous substance or availed the Package Services using the Platform to deliver any illegal or dangerous substance, the Company shall have the right to report You to the government authorities and take other appropriate legal actions against You.
- You agree that before requesting a Package Service, You are well aware of the contents of the package sent or requested by You through registered Captain, and that such contents are legal and within limits of transportation under any applicable laws. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws).
- You also agree that, upon becoming aware of the commission any offence by You or Your intention to commit any offence upon initiating a Package Service or during a Package Service of any Item(s) restricted under applicable law, the Captain may report such information to Company or to the law enforcement authorities.
- You agree that you will be solely responsible for the packages handed over to the Captain and shall be prudent not to handover expensive items to the Captain. You will be solely responsible for any loss or damage to the goods, in case of any theft or any other incidents to the packages by the Captain.
- You can initiate a transaction on the Platform by which You may (through the help of a Captain) send packages at a particular location. The Package Services are provided to You directly by the Captain and Rapido merely acts as a technology platform to facilitate transactions initiated on the Platform and Rapido does not assume any responsibility or liability for any form of deficiency of services on part of the Captain.
- By using the Platform of the Company, you further agree that:
- You will download the Application for your sole, personal use and will not resell it to a third party;
- You will not authorize others to use your account;
- You will not assign or otherwise transfer your account to any other person or legal entity;
- You will not use the Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Application to cause nuisance, annoyance or inconvenience;
- You will not impair the proper operation of the network;
- You will not try to harm the Application in any way whatsoever;
- You will not copy, or distribute the Application or other Company Content without written permission from the Company;
- You will keep secure and confidential your account password or any identification which the Company may provide you which allows access to the Application;
- You will provide the Company with whatever proof of identity we may request;
- You will only use an access point or 3G data account (AP) which you are authorized to use;
- You will not use the Application with an incompatible or unauthorized device;
- If within 24 hours a user creates more than one account on the same device, Rapido has the right to terminate his/her account;
3. PAYMENT FOR SERVICES
- You shall be required to pay charges for the Services used by you either by using the online payment gateway provided in the Platform or by paying cash to the Captains.
- The rates of the Services shall be notified on the website and mobile application of the Company.
- The charges for the Services shall be updated or amended from time to time at the sole discretion of the Company and it shall be your responsibility to remain informed about the charges for the Services.
- You agree that you will pay for all Services you purchase from the Captain either by way of credit card or debit card or by cash. In the event the payment cannot be accepted through debit card/credit card/Platform, you shall be required to pay the charges for the Services availed by way of cash.
- Any payment made is non-refundable. At the end of the trip for the Transportation Services, we will facilitate for you to receive a copy of the invoice from the Company on your registered e-mail account with the Company. You shall pay the service fees for availing the Package Service at the end of the completion of such services, as may be displayed to You on the Platform. You cannot initiate another Package Service until You have paid for the previously completed Package Service.
- It is clarified that the term “Trip” includes a trip for transportation of a passenger by the Captain.
- The Company provides an insurance policy for the Users availing the Transportation Services and the information on the same is available on the Platform once the Services are availed by the Users.
- The customer will be required to indicate the accurate address for the delivery of the parcel/good and also an accurate return address in case the parcel/good cannot be delivered for any reason whatsoever at the delivery address.
- It is clarified that the transit will commence from the moment the parcel/good is securely handed over to the Captain by the customer till the moment the Captain arrives at the delivery address or as near to the indicated delivery address as may be possible.
- In the event the Captain is not able to deliver the parcel/good at the indicated address for any reason whatsoever then the Company shall not be liable for any damages arising to the parcel/goods while delivering the parcel/goods at the return address as provided by the customer.
- The information, recommendations provided to you on or through the website, or the Platform is for general information purposes only and does not constitute advice.
- The Company will reasonably keep the website and the application and its contents correct and up to date but does not guarantee that the website and/or application are free of errors, defects, malware and viruses or that the website and/or application are correct, up to date and accurate. The Company shall not be liable for any damage arising from the same.
- The Company shall further not be liable for damages resulting from the use of or the inability to use the website or the application, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
- The quality of the Services requested through the use of the Platform is entirely the responsibility of the Captain who ultimately provides such Services to you and the Company is not liable for the same. However, any complaints about the Services provided by the Captain should be submitted to the Company by an email as notified from time to time.
6. INTELLECTUAL PROPERTY RIGHTS
- The Company is the sole owner and lawful licensee of all the rights to the web site, Platform or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, Platform or any other digital media content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives or licensor's as the case may be.
- The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website or Platform, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
- All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- All the contents on this website and/or Platform is copyright of the Company except the third party content and link to third party website on our website and/or Platform.
- Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Platform on a single mobile device that you own or control and to run such copy of the Platform solely for your own personal use.
- You shall not do the following:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
- modify or make derivative works based upon the Platform;
- create Internet "links" or "frame" or "mirror" any application on any other server or wireless or Internet-based device.
- 8. Reverse engineer or access the Platform in order to:
- design or build a competitive product or service,
- design or build a product using similar ideas, features, functions or graphics of the Platform, or
- copy any ideas, features, functions or graphics of the Platform, or
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform.
7. THIRD-PARTY LINKS
- During the use of the website or the application, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the website, the application and are beyond the Company's control.
- During use of the website and the application, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party Captains, advertisers or sponsors showing their goods and/or services through a link on the website or through the application or Service. These links take you off the website, the application and the Service and are beyond the Company's control. You therefore visit or access these websites entirely at your own risk.
8.TERM AND TERMINATION
- The contract between the Company and you is concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of the Platform installed on your mobile device, tablet or any electronic device capable of using the Platform thus disabling the use by you of the Platform and the Service.
- Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
10. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
- Subject to the provisions made in Clause 10.3, the Parties hereby submit to the exclusive jurisdiction of the courts of Bangalore, India.
- The arbitration proceedings shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by you and the Company.
- The arbitration proceedings shall be conducted in English language only and the seat for arbitration shall be Bangalore, India.
- The award of the arbitral tribunal shall be final and binding.
The Company may give notice by means of a general notice on the Application, or by electronic mail to your email address on record in the Company's account information, or by written communication sent by regular mail to your address on record in Company's account information.