1. GENERAL CONDITION FOR USE
- Definitions and Scope
The Terms & Conditions (“Terms”) are made by “Together We Go” (as defined hereinafter) and shall apply to your visit and your use of Services (as defined hereinafter) provided through our Website and / or Application (as defined hereinafter).
Users are hereby allowed to use the Services, subject to acceptance in full, of the Terms mentioned herein below and any other conditions as specified by “Together We Go” from time to time on the Application and / or on the Website.
““Together We Go”” shall mean Chitrani Technologies Private Limited, a company incorporated under the Companies Act, 2013 with Corporate Identity Number U72300TG2015PTC099995 and having its registered office at Plot No.337, Silver Oak, Bungalows, Phase-3, Cherlapally, Hyderabad – 500051, Telangana, INDIA, who owns, operates and maintains the Website and Application, providing web and mobile based digital platform for enabling User to User Carpooling, on mutual consent between a Lift Giver and a Co-traveler;
“Application” shall mean such mobile applications which are owned, maintained and operated by “Together We Go” and all screenshots, pages appearing, appended, available along with such mobile applications;
“Website” shall mean the website www.togocarpool.com and any other electronic medium platform maintained or operated by “Together We Go” which offers similar services including any microsites or sub-sites offered through any such website;
“User” refers to any persons who have registered themselves with “Together We Go” by using the Website or the Application, after accepting the Terms;
“Lift Giver” means a User who through the Website or Application offers to share the Vehicle with a Co-traveler for a Ride in exchange for the Ride Fee;
“Vehicle” means the vehicle owned by Lift Giver or vehicle whose full capacity is rented by Lift Giver for intra-city ride or inter-city ride, of which vacant space is offered by a Lift Giver for Carpooling to a Co-traveler.
“Co-traveler” means a User who has accepted an offer to be transported by a Lift Giver in the Vehicle for a Ride in exchange for the Ride Fee;
“Carpooling” shall mean the mutually agreed sharing of a ride in the Vehicle of a Lift Giver by a Co-traveler for a particular Ride in exchange for a Ride Fee;
“Service” refers to any service provided by “Together We Go” through the Website or the Application to any User who has accepted the Terms.
“Ride” means a given journey in relation to which a Lift Giver and a Co-traveler have mutually agreed upon the communication enabled through the Website or the Application.
“Ride Fee” means the amount calculated at the end of each Ride on the basis of pre-disclosed parameters which shall be payable by a Co-traveler as part of his contribution towards the cost of the Ride;
“User Account” means an account which shall be opened by any User using the Website or the Application and used in order to access the Service provided by “Together We Go” through the Website or Application, by providing basic personal information.
1.2 Acceptance of Terms
1.2.1 The Terms are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of “Together We Go”. Please carefully read these Terms. A User must accept the Terms in full to use the Services offered by “Together We Go”. No User is entitled to accept only a part of the Terms. If a User does not agree to the Terms for whatever reasons, such User shall not be allowed to use the Services.
1.2.3 We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your User Account and all related information and/or bar any further access to your User Account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.
1.2.4 These Terms are intended to create binding rights and obligations between the Users and “Together We Go” in accordance with the Indian Contract Act, 1872 and all other applicable laws.
1.3 Changes to the Terms, Website, Application or Service
1.3.1 “Together We Go” may vary or amend or change or update these Terms / Application / Website / Service, from time to time entirely at its own discretion. You shall be responsible for checking these Terms / Application / Website / Service from time to time and ensure continued compliance. Your use of Website or Application after any such amendment or change in the Terms / Application / Website / Service shall be deemed as your express acceptance to such amended/changed Terms / Application / Website / Service and you also agree to be bound by such changed/amended Terms / Application / Website / Service.
1.3.2 Any modification to the Website, Application, Services or Terms shall come into effect as soon as such changes are published on the Website and / or the Application. “Together We Go” does not hold the responsibility of communicating the change or amendments to the Users.
1.4 Translation of Terms
2. USE OF SERVICE
2.1 User Account and Accuracy of Information
2.1.3 Users agree and understand that “Together We Go” shall not undertake any verification to confirm the accuracy of any information provided by the Users on the Website and / or the Application or to a Co-traveler or Lift Giver, as the case maybe. “Together We Go” shall not be liable to any User in the event of any repercussions cause by information provided by another User, which is false, incomplete, inaccurate, misleading or fraudulent.
2.1.4 Users are limited to create only one User Account per User. No User Account may be created on behalf of or in order to impersonate another person. If any person is found impersonating another person then “Together We Go” reserves the right to withdraw, suspend or delete such User Account.
2.2 Services Provided by “Together We Go”
2.2.1 “Together We Go” provides a platform to Users to participate in Carpooling, via its Application/Website. Lift Givers or Lift Takers can post their travel itineraries in the Application / Website, based on which other Users may contact them for the purpose of Carpooling. Users must understand and accept that there is a mutual understanding between them to travel together. “Together We Go” is just a platform which connects the Users, but does not make it mandatory in any way for the Users to travel together. The decision of traveling together is solely of the Users and can be taken basis certain parameters provided in the Application / Website such as Route Match %, Ride Fee, profile details and Vehicle details. “Together We Go” does not provide any guarantee in terms of the accuracy of the data displayed to users, such as Route Match %, Ride Fee, profile details and Vehicle details.
2.2.2 Neither “Together We Go” nor its Website or Application provides any cab or transport services. Also, “Together We Go” is not in any sense a transportation carrier nor does it encourage people to use it in that form. “Together We Go” is strictly meant for peer to peer Carpooling. However “Together We Go” cannot be held responsible or accountable for any cab drivers or transport aggregators or transport service providers using the Service.
2.2.3 “Together We Go” does not hold the responsibility of ensuring Users to participate in Carpooling. The decision to travel together and complete a Ride rests solely upon the mutual understanding and agreement of the Users. If a Lift Give denies to travel with Lift Taker or vice versa, “Together We Go” will not interfere to convince either of the Users to change their decisions. No User who has an active/passive User Account with “Together We Go”, can be coerced to provide the Services of “Together We Go” to other Users. The contract with “Together We Go” pertains only with use of services provided by “Together We Go”.
2.4.1 In case a Lift Giver is offering Carpooling in own car:
- a) The Lift Giver shall have a comprehensive insurance to cover third party liability.
b) The Lift Giver agrees that it shall, on request by the Co-traveler, provide enough documentary evidence, in advance of the Ride, of the complete validity of its insurance policy.
c) The Lift Giver also undertakes to hold a valid driving license, if he is offering Carpooling in a self-driven Vehicle.
2.4.2 It is hereby presumed by “Together We Go” that governmental authorities take the view that a Co-traveler who contributes only towards travel expenses is treated as travelling without hire or reward to the driver, and is therefore a third party passenger who is covered by comprehensive third party insurance policy in India. However “Together We Go” gives no warranty or assurance in this regard.
2.4.3 The Lift Giver and the Co-traveler are aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Lift Giver had made or was seeking to make a profit while offering Carpooling in the car owned by Lift Giver.
2.4.4 If the insurers repudiate or refuse to accept any claim arising during a Ride for any reason whatsoever, the Lift Giver shall be responsible for the financial consequences, losses and damages arising out of it and under no circumstances “Together We Go” shall be liable to the Lift Giver or the Co-traveler.
2.4 Management of Disputes between Users
“Together We Go” may at its sole discretion provide its Users with an online service for resolving disputes. This service is non-binding. “Together We Go” is under no obligation to resolve any kind of disputes arising amongst the Users – Lift Givers or Co-travelers, or of the Users with any Third Party.
3.2 “Together We Go” would prescribe a rate for every Ride even before the Lift Giver and the Co-traveler contact each other. The Ride Fee, payable by Co-traveler, would be calculated automatically by the system, taking into account distance travelled with the Lift Giver.
3.3 “Together We Go” would not be responsible for any tax incidence occurring on Lift Giver on account of receipt of payment in lieu of Carpooling. The Lift Giver is advised to consult tax advisors/consultants/chartered accountants to get full clarity on any incidence of income tax or direct or indirect tax on account of Carpooling.
3.4 The Lift Giver shall not provide any additional services to the Co-traveler for the purpose of making monetary profit or reward, other than Carpooling.
3.5 The Lift Giver must not make any profits by collecting the Ride Fee from Co-travelers. If they do, “Together We Go” will not be liable to account for any kind of laws being broken by the Lift Giver. It is the responsibility of the Lift Giver to limit the number of Rides and the number of Co-travelers, so as to ensure that he/she does not make any profits out of Carpooling via the Application / Website. In case the Lift Giver owns the Vehicle, he may consider the costs related to fuel, pro-rata depreciation, pro-rata maintenance, toll charges, parking charges and driver expenses, to calculate whether he/she is making any profits out of Carpooling. Such calculations are at the sole discretion of the Lift Giver, and not the responsibility of “Together We Go”. If the Users feel that they are making any profits out of Carpooling via the Application / Website, then it is their responsibility to immediately terminate the use of “Together We Go”.
3.6 Lift Giver offering Carpooling in own car: Users are informed that using the Services and offering Rides in for hire or reward or in a commercial or professional capacity may invalidate a Lift Giver’s insurance and invite adverse legal actions by the road transport authorities. “Together We Go” shall not be liable for any loss or damage incurred by a User as a result of any breach by a User of these Terms, including where any Lift Giver (in breach of these terms) offers Services through the Website or Application in a professional or commercial capacity (thereby potentially invalidating their insurance). Any offering of Rides in violation of the Terms or otherwise shall be at the sole risk such User and “Together We Go” shall have no liability towards Users for such violations.
3.7 Lift Giver offering Carpooling in hired car: Lift Giver shall offer Carpooling in a hired car only when a Lift Giver has hired a vehicle in its full capacity and is allowed to go alone or with co-passengers in that hired car for their Ride. Nevertheless, Users are reminded that the owner or any representative of the owner of such hired car may charge extra money to allow Lift Giver to offer Carpooling to Co-traveler. In such circumstances, it shall be the sole liability of the Lift Giver to bear such extra charge with no recourse to “Together We Go” or to Co-travelers. It is expressly stated that neither the Co-traveler nor “Together We Go” would be held liable for such extra charge to be paid by the Lift Giver. If the Co-traveler decides to pay the extra charge, then it will be at his/her sole discretion. In case the owner or a representative of the owner of hired car refuses to allow Lift Giver offer Carpooling to Co-traveler, the Lift Giver would have to concede. “Together We Go” would not be held responsible for any loss or consequential loss borne by the Lift Giver or Co-traveler or the owner or representative of owner of hired car under any circumstances.
4. DISCLAIMER OF LIABILITY
4.1 Users shall access the Services on the Website and / or the Application at their own risk and using their best and prudent judgment and enter into Carpooling agreement with other User registered on the Website and / or the Application. “Together We Go” will neither be liable nor responsible for any actions or inactions of Users nor any breach of Terms, representations or warranties by the Users. “Together We Go” hereby expressly disclaims and any and all responsibility and liability in arising out of the use of the Website and / or Application.
4.2 “Together We Go” expressly disclaims any warranties or representations (express or implied) in respect of Rides, accuracy, reliability and completeness of information provided by Users, or the content (including details of the Ride and Ride Fee) on the Website or the Application. While “Together We Go” will take precautions to avoid inaccuracies in content of the Website and the Applications, all content and information, are provided on an as is where is basis, without warranty of any kind. “Together We Go” does not implicitly or explicitly support or endorse any of the Users availing Services from the Website and / or the Applications.
4.3 “Together We Go” is not a party to any Carpooling agreement between a Lift Giver and Co-traveler and will not be liable to either the Lift Giver or the Co-traveler.
4.4 “Together We Go” shall not be liable for any loss or damage arising as a result of:
1 A false, misleading, inaccurate or incomplete information being provided by a User;
2 The cancellation of a Ride by a Lift Giver or Co-traveler;
3 Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Terms by a Lift Giver or Co-traveler before, during or after a Ride.
4.5 “Together We Go” will not be liable to any User for any personal, business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, lost of anticipated savings or lost opportunity arising as a result of the Services provided by “Together We Go” (whether suffered or incurred as a result of the “Together We Go”’s negligence or otherwise).
4.6 “Together We Go”’s liability to any User for all losses in respect of any Ride is capped at the sum of INR 1,000/- (Indian Rupees One Thousand only).
4.7 To mention explicitly, “Together We Go” will not be held liable in case of any Crimes conducted by Users or Third Parties against any other Users or Third Parties before, during or after the Ride. Crimes may be defined by the Criminal Law of India governed by Indian Penal Code, CRPC, Evidence Act, etc.
5. INDEMNITY AND RELEASE
5.1 Users will indemnify and hold harmless “Together We Go”, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand made by any third party or penalty imposed due to or arising out of breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
5.2 The indemnification rights of the “Together We Go”, its subsidiaries, affiliates and their respective officers, directors, agents and employees under this Terms and Terms are independent of, and in addition to, such other rights and remedies as the “Together We Go”, its subsidiaries, affiliates and their respective officers, directors, agents and employees may have at law or in equity or otherwise, including the right to seek specific performance, rescission, restitution or other injunctive relief, none of which rights or remedies shall be affected or diminished thereby
6. GENERAL TERMS
No arrangement between the Users and “Together We Go” shall constitute or be deemed to constitute an agency, partnership, joint venture or the like between the Users and “Together We Go”.
6.2 Suspension or Withdrawal of Access to Website and Application
In the event of non-compliance on your part with all or some of the Terms, you acknowledge and accept that “Together We Go” can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or your access to the Website and / or the Application (including in particular your User Account).
6.3 Intellectual Property
6.3.1 The format and content included on the Website and the Application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of “Together We Go”, its affiliates or its content suppliers and are protected under applicable copyright, trademark and other proprietary rights laws.
6.3.2 All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to “Together We Go”) which appear on the Website and the Application.
6.3.3 The Website and Application or any portion of the Website and the Application may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of “Together We Go”. No person is entitled to systematically extract and/or re-utilise parts of the contents of the Website and Application without the express written consent of “Together We Go”. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this Website and / or of Application is strictly prohibited.
6.4 Content of the Website and Application Provided by the Users
6.4.1 By displaying content on this Website and Application, Users expressly grant a license to “Together We Go” to display the content and to use it for any of our other business purposes.
6.4.2 Users of this Website and Application shall not upload, distribute or publish through the Website and / or Application, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act 2000 or such other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to “Together We Go” or that aids in providing the services offered by “Together We Go”.
6.4.3 Users of this Website and Application shall not disseminate or upload viruses, programs, or software whether it is harmful to the Website or not. Additionally, Users shall not impersonate another person or user, attempt to get a password, other user account information, or other private information from a user, or harvest email addresses or other information.
6.4.4 Users of this Website and Application are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content which is contrary to “Together We Go”’s policy and “Together We Go” does not accept liability in respect of such content, and the User responsible will be personally liable for any damages or other liability arising and agrees to indemnify “Together We Go” in relation to any liability it may suffer as a result of any such content. However as soon as “Together We Go” becomes aware of infringing content, “Together We Go” shall do everything it can to remove such content from the Website and / or Application as soon as possible.
7. MEMBER DISCIPLINE
By using the Website and / or the Application, Users agree to comply with the “User Discipline” set out below. This is binding on all the Users and Users may enforce terms of this against each other directly during the Ride. “Together We Go” cannot he held liable in case of any kind of breach of discipline, arising out of Users not enforcing these terms.
7.1.1 Every Lift Giver, if driving the Vehicle, undertakes not to take any risks and not to consume any alcohol, drugs (whether recreational or prescription) which may impair or alter Lift Giver’s ability to drive safely and with due care and attention. Further, the Co-traveler agrees not to hinder the Lift Giver’s driving in any way.
7.1.2 Users are required to be careful even when providing information through the Website and / or Application or directly to Users. “Together We Go” does not take steps to verify the identity of any User.
7.1.3 User should report any abuse or harassment to “Together We Go” immediately by contacting us on details given on “Call Support” tab in the Application.
7.2.1 All Users agree to provide any other User with such information and documents as the other User may reasonably request in the event that Users are participating in a Carpooling. The identities of the Co-traveler and the Lift Giver must correspond to those communicated through or to “Together We Go”’s Website and / or Application.
7.2.2 A Co-traveler or Lift Giver may refuse to participate in Carpooling if the identity of the other User does not correspond to that provided through or to “Together We Go”’s Website and/or Application.
All Users agree to comply with and adhere to the times and places fixed for pickup points. The Lift Giver and Co-traveler must present themselves at the place and time agreed for the pickup.
7.4 Rules and Legislation
7.4.1 The Lift Giver, while driving the car, agrees that they and the vehicle will at all times comply in full with any other applicable rules and legislation relating to their driving and the vehicle including speed limits, number of people on-board the Vehicle, loading restrictions etc
7.4.2 All Users agree not to carry or transport any substance, material or object which is illegal, dangerous, offensive or anti-social during a Journey.
Every User undertakes the responsibility of keeping the Vehicle clean and tidy during and at the end of the Ride. “Together We Go” cannot be held accountable for any inconvenience caused related to cleanliness and tidiness of the Vehicle.
7.6 Comfort and Terms
Users must agree with each other the following Terms prior to the Ride and these Terms will form part of the agreement between Users
7.7 Information published on the Website and Application
No user of the Website and / or Application shall publish on the Website and / or Application any defamatory or offensive information or information that may be damaging to third parties. “Together We Go” shall remove any information that is contrary to this policy as soon as it becomes aware thereof (but “Together We Go” does not actively monitor the Website and / or Application for such information). Lift Givers and Co-travelers accept in advance that ratings about them may be published on the Website and / or the Application.
8. LAW AND JURISDICTION
These terms shall be governed by the law of India and any disputes arising in relation to these terms shall be subject to the jurisdiction of the Courts of Mumbai.