TERMS OF SERVICE
1. Introduction
1.1) Doryde.com, Sevana.online and all associated sites and mobile applications linked with the same (the "Platform") is operated by Sevana Mobility Solutions Private Limited (including its directors, full time employees, subsidiaries and affiliates, collectively the "Company"). The Company, through its Platform offers a platform to connect persons seeking to avail ride hailing services (the "Riders"), and drivers and delivery and or cargo provider persons who have registered their vehicles on the Platform (the "Providers"), and including persons who have registered more than one [1] vehicle on the Platform (the Operators; the Riders, the Providers, etc., are collectively referred to as the "Users") to immediately download and access the Platform and interact with one another as available from time to time, on the Platform for ride hailing and delivery and cargo services and any other service that shall be offered (collectively referred to as the "Services").
1.2) These terms and conditions (the "Terms of Service") shall apply to all Users of the Platform. By registering on, browsing, downloading, using or accessing any part of the Platform or utilising the Services, the Users agree to be bound by these Terms of Service, including any additional or modified terms and conditions and policies in relation to the Platform or any future service that may be offered by the Company. If at any time the Users do not accept or agree to any or all of the Terms of Service, they may not access the Platform or use any of the Services.
1.3) The Users can review the most current version of the Terms of Service at any time on this page. The Company reserves the right to unilaterally update, change or replace any part of these Terms of Service by posting updates or changes to the Platform. It is the responsibility of the Users to check this page periodically for changes. The Users continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes.
1.4) These Terms of Service govern the use of the Platform, by installing, downloading or even merely accessing the Platform, the Users shall be contracting with the Company and any such installing, downloading or accessing signifies a User's acceptance to the Terms of Service and other policies of the Company (the "Policies") as posted on the Platform from time to time, which take effect on the date on which the Platform is installed downloaded or accessed as aforesaid and creates a legally binding arrangement to abide by these Terms of Service.
2. Eligibility
2.1) Accepting these Terms of Service will constitute a legal contract between the User and the Company. Consequently, any User who is "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. is not eligible to use the Platform. Only individuals who are eighteen (18) years of age or older may use the Platform and avail the Services. If it is brought to the Company's notice that any User is under the age of eighteen (18) years or otherwise incompetent to contract, the Company reserves the right to terminate such User's account and / or deny such User access to the Platform.
2.2) Each User represents that they are competent to contract in terms of the Indian Contract Act, 1872 and has not been disqualified or whose account has not been previously suspended or removed by the Company from the Platform. Each User also represents and warrants that such User has the right, authority and capacity to be bound the Terms of Service.
Account Registration
2.3) Each user agree to pay in due time any subscription and or other charges the Company may levy at any time and in case of non payment of such subscription and or other charges, the Company reserves the right to terminate such User's account and / or deny such User access to the Platform.
3. Account Registration
3.1) Users can only utilise the Services by creating an account. By registering for an account on the Platform, or availing the Services, Users automatically become members and agree to these Terms of Service. The membership is limited to accessing the Services and is subject to the acceptance of and adherence with the Terms of Service by the Users. So long as the Users abide by and accept the Terms of Service, the Company grants the Users with a non-transferrable, limited, non-exclusive and revocable privilege to register on and use the Platform and avail the Services, provided the Users pay any subscription and or other charges the Company may levy.
3.2) The Users agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Each User represents and warrants that they have not impersonated any person or entity or otherwise mispresented their identity, age or affiliation to any person or entity or any other information provided during the registration process.
3.3) The Company reserves the right to suspend or terminate a User's account or access to the Platform permanently: (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; or (ii) if the User is found to be non- compliant with these Terms of Service and (iii) if the Company deems it fit to terminate a User's account and access to the platform for any reason[s].
3.4) On registration, each User will receive a password protected account and an [identification][username]. The User agrees to: (i) maintain the confidentiality of their password; (ii) take full responsibility for all activities by Users accessing the Platform through their account; (iii) immediately notify the Company of any unauthorised use of their account or any other breach of security that they become aware of; and (iv) ensure that they exit (log out) from their account at the end of each session. Each User is solely responsible for all activities that occur under their account.
3.5) It shall be the responsibility of the Users to treat the [user identification code][username], password and any other piece of information that is provided by the Company, as part of the security procedures, as confidential and not disclose the same to any person or entity other than the Company. The Company shall at all times and at its sole discretion reserve the right to disable any username or password if the User has failed to comply with any provisions in the Terms of Service.
3.6) Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other property interest in their account, and further acknowledge and agree that all rights in and to their account are and shall forever be owned by and inure to the benefit of the Company.
Orders and Financial Terms
4.1) The Platform allows the Riders / Users to place orders for Services provided by the Providers/Operators through the Platform and the Company only provides a platform to the Riders / Users and Providers/Operators. The Company does not provide any of the Services on its own or does not control the Providers/Operators or the Users. The Company reserves the right to delist or add or change any Services from the Platform at its sole discretion
4.2) The Riders / Users understand that any order that they place shall be subject these Terms of Service and any terms and conditions imposed by the concerned Providers/Operators.
4.3) All commercial/contractual terms are offered by and agreed to between the Providers/Operators and the Riders / Users alone. The commercial/contractual terms include without limitation: price, payment methods, payment terms, date, period, time and mode of delivery of the Services, etc. Except to the extent of providing a facility for negotiation of fares between the Users, the Company does not have 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 the Users.
4.4) The transaction is bilateral between the Users and therefore, the Company is not liable to charge or deposit any taxes applicable on such transaction.
4.5) All Users, Providers, Operators, Riders and anyone with similar meaning using the Platform or website or mobile app shall not use anybody else's or any other person's information including but not limited to name, mobile number, One Time Password [OTP] via mobile number text messages or any other means. This shall include pictures or images of persons, vehicles, automobiles or any other such material.
4.6) All Users, Providers, Operators, Riders and anyone with similar meaning using the Platform or website or mobile app undertake and confirm that they have required authorisation, documents and approvals from required government and or such local or state government and or central government bodies and or regulatory bodies or regulators and are full responsible for their activities. They shall be deemed to be in legal confirmation and having required approvals and or licenses and or permits, etc., to offer and use any service[s] offered by the Company.
4.7) All Users, Providers, Operators, Riders and anyone with similar meaning using the Platform or website or mobile app shall comprehensively and without any limits indemnify the Company and or Platform and or any app or website including but not limited to by agreeing to provide the indemnification and take on the financial risk of any present or future or derived losses and damages. The indemnified party - Platform or website or mobile app shall be protected by this indemnity clause and will be able to claim any losses or expenses incurred as a result of the indemnifying party's actions or those of a third party. The scope of the indemnification - all types of losses or expenses that the indemnified party will be able to claim under the indemnity clause, such as property damage, legal fees, or other costs incurred as a result of the indemnifying party's actions. The period of the indemnification is during the presence in and use of the Company's platform[s], website and or app[s] and any / all claims that may occur as a result of users presence in and use of the Company's platform[s], website and or app[s] and the the indemnified party will be able to make claims under the indemnity clause without any limitation of time. No Exclusions and limitations are incorporated or envisaged to this indemnification, such as limits on the amount that can be claimed or certain types of losses and for avaoidance of doubt all types of claims are not covered by the indemnity clause. Survival of the indemnity: This indemnity of the users / providers, operators, riders and anyone with similar meaning using the Platform or website or mobile app shall continue even after the termination of the contract or use of the platform / website / app and shall continue and survive without any limitation of time.
5. Delivery of Services
5.1) The delivery of the Services placed by the Riders / providers through the Platform is undertaken directly by the Providers/Operators against whom the Riders / users have placed an order (the "Service Providers"). The Users acknowledge that the Company is merely acting as an intermediary between the Riders and the Service Providers. The Riders further acknowledge that the Company shall not be liable for any acts or omissions on part of the Service Providers including deficiency in service, wrong pick-up/drop-off, time taken to complete the service, quality of service, any charges or rates, etc.
5.2) The acceptance of the delivery of the service to a Rider / provider / delivery / cargo movement by a Service Provider shall constitute a contract of service between the Rider and the Service Provider alone under the Consumer Protection Act, 2019 or any successor legislations, to which the Company is not a party under any applicable law. It is hereby expressly clarified that the Company does not provide any logistics services and only facilitates the contracting for Services ordered by the Riders from the Service Providers through the Platform by connecting the Riders with the Service Providers.
5.3) The Users agree that the Service Providers shall collect service charges for the transportation Services provided by the Service Providers (the "Service Charges"), as the case may be. The Service Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to the Service Providers, order value, distance, etc. The Riders will be responsible for the Service Charges incurred for the order regardless of their awareness of such Service Charges. The service charges along with any tax, duties, fees, including any service or cess charges levied by any agency empowered to do so shall be settled in full and without any deduction between the users / parties providing and or using the services and the Company shall in no way responsible for such collection or payment or settlement of any such amounts, including any fees or tax or duties including any service or cess charges levied by any agency empowered to do so and shall not collect from any parties or Users such amount[s].
6. Use of the Platform
6.1) The Users agree, undertake and confirm that the Users' use of the Platform shall be strictly governed by these Terms of Service. Further the Users shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
6.1.1) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 ;
6.1.2) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
6.1.3) harasses or advocates harassment of another person, including children;
6.1.4) infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
6.1.5) promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
6.1.6) tries to gain unauthorised access or exceeds the scope of authorised access to the Platform or to the profiles, blogs, communities, account information, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
6.1.7) interferes with another User's use and enjoyment of the Platform or any third party users enjoyment of similar services;
6.1.8) refers to any website or URL that, in the Company's sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the spirit of these Terms of Service;
6.1.9) violates any law for the time being in force;
6.1.10) impersonates another person;
6.1.11) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
6.1.12) contains software viruses or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; or or
6.1.13) directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
6.2) By using the Platform, the Users represent and warrant that:
6.2.1) All registration information submitted by the Users is truthful, lawful and accurate;
6.2.2) The User's use of the Platform shall be solely for their personal use and they shall not authorise others to use their account;
6.2.3) The Users will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
6.2.4) All necessary licenses, consents, permissions and rights are owned by the Users and there is no need for any payment or permission or authorisation required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Service and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and/or other proprietary rights contained in any content that the Users submit, post, upload, distribute or otherwise transmit or make available;
6.2.5) The Users will not use the Platform in any way that is unlawful, or harms the Company or any other person or entity;
6.2.6) The Users will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.
6.2.7) The Users will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent their identity or affiliation with any person or entity.
6.2.8) The Users will not delete or modify any content of the Platform, including but not limited to, disclaimers or proprietary notices such as copyright or trademark symbols, logos.
6.2.9) The Users will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
6.2.10) The Users shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts, any part of the Platform or any equipment or any network on which the Platform is stored or any equipment of any third party; and
6.2.11) The Users release and fully indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that the Users may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, the Company cannot take responsibility or control the information provided by other Users which is made available on the Platform.
6.3) The Users shall not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform by any means. The Users shall not probe, scan or test the vulnerability of the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform.
6.4) The Users agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform. The Users may not use the Platform or any of its content for any purpose that is unlawful or prohibited by these Terms of Service.
6.5) The Users shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to goods and service tax, income tax, central excise, custom duty, local levies) regarding the use of the Platform and listing, purchase, solicitation of offers to purchase, and provision of Services. The Users shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
6.6) In order to allow the Company to use the information supplied by the Users, without violating any rights or any applicable law, the Users agree to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise copyright, publicity, database rights or any other rights in respect of any information whatsoever supplied by the Users. The Company will only use the information in accordance with these Terms of Service and Privacy Policy (defined below) applicable to use of the Platform.
6.7) The Company reserves the right, but has no obligation, to monitor the materials posted on the Platform. The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit of these Terms of Service. In no event shall the Company assume any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform.
6.8) The Company shall have all the rights to take necessary action and claim compensation for any damages that may occur due to the Users involvement/participation in any way either on their own or through group/s of people, intentionally or unintentionally in hacking.
6.9) The Users understand that their content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Users understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. The Users shall bear the costs incurred to access and use the Platform and avail the Services, and the Company shall not, under any circumstances whatsoever, be responsible or liable for such costs.
7. Accuracy, Completeness and Timeliness of Information
7.1) The Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Platform, either provided by the Users or otherwise. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. The Users agree that, the Company does not own any responsibility or obligation whatsoever towards either ensuring the accuracy of the information provided by the Users. Any reliance on the material on the Platform is at the Users own risk.
7.2) The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for the purpose of reference only. The Company reserves the right to modify the contents of the Platform at any time, but has no obligation to update any information on the Platform. The Users agree that it is their responsibility to monitor changes to the Platform.
7.3) The Users acknowledge that there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the Services, pricing, promotions, offers, Delivery Charges, transit times and availability. The Company reserves the right but undertakes no obligation to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Platform is inaccurate at any time without prior notice.
7.4) The Company undertakes no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Platform, should be taken to indicate that all information on the Platform or pertaining to the Services have been modified or updated.
8. Disclaimers of Warranties and Limitation of Liability
8.1) The Company will endeavour to make the Platform available, as far as possible, at all times. However, the Company does not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
8.2) The Company does not warrant that the Platform will be compatible with all hardware and software which is used by the Users. The Company shall not be liable for damage to, or viruses or other code that may affect, any equipment, software, data or other property as a result of downloading and installing or otherwise accessing the Platform.
8.3) The Company does not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.
8.4) The Service Providers shall be solely responsible about the details pertaining to specifics (such as quality, value, etc.) of the services proposed to be provided or offered to be provided on the Platform. The Company does not implicitly or explicitly support or endorse the provision of any Services nor does it provide any warrantee/guarantee of the Services provided to the Users, and in no event shall such Services be the responsibility of the Company.
8.5) The Company is not responsible for any non-performance or breach of any contract entered into between the Service Providers and Riders / users. The Company cannot and does not guarantee that the concerned persons will perform any transaction concluded on the Platform. The Company shall not and is not required to mediate or resolve any dispute or disagreement between the persons concerned.
8.6) The Company does not make any representation or warranty as to legally identify any of its Users using the Platform. The Users acknowledge and agree that the Company shall not be liable for Users interactions with each other on the Platform or through the Service. This includes, but is not limited to, payment and delivery of Services, and any other terms, conditions, warranties, or representations associated with any interaction Users may have with each other. These dealings are solely between the Users. You agree and acknowledge that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions for availing Services on the Platform. If there is a dispute between Users on the Platform, you understand and agree that the Company is under no obligation to become involved in such dispute. In the event that Users have a dispute with each other, you hereby release the Company, its officers, employees, agents, and successors from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Services.
8.7) The Company does not at any point of time during any transaction between any Service Providers and Riders take possession or control of or responsibility for any of the Services offered, and at no point gain title to or have any rights or claims over such Services. At no time shall the Company hold any right, title or interest over the Services nor shall the Company have any obligations or liabilities in respect of such contract entered into between the any Service Provider and Rider. The Company is not responsible for damages or delays as a result of Services which are unavailable.
8.8) The Company only provides a platform for communication and it is agreed that the contract for provision of any of the Services shall be a strictly bipartite contract between the Users concerned.
8.9) The Platform may be under constant upgrades, and some functions and features may not be fully operational.
8.10) The Platform is provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to the Users.
8.11) The Company makes no representation or warranty that: (i) the Platform will be accurate or reliable; (ii) the Platform will be uninterrupted, timely, secure, or error-free; (iii) any information that may be obtained from the use of the Platform will be accurate, timely or complete; or (iv) any errors in any software used on the site or in connection with the Platform will be corrected.
8.12) THE COMPANY DOES NOT REPRESENT ANY OF THE USERS, AND DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY ERROR OR INCONSISTENCY WITH RESPECT TO ANY INFORMATION RELATING TO SUCH USERS DISPLAYED ON THE SITE OR WITH RESPECT TO THE SERVICES PROVIDED. ANY INFORMATION PROVIDED WITH RESPECT TO THE USERS AND FEES PAYABLE IS SUBJECT TO CHANGE WITHOUT NOTICE. ANY TRADEMARK, WORD MARK OR INTELLECTUAL PROPERTY OF ANY USERS BELONGS TO SUCH USERS ALONE, AND THE COMPANY HAS NO RIGHT OR CLAIM OVER THE SAME.
8.13) The Company is not responsible and will have no liability for: (i) any content or Services provided by any persons or entities other than the Company; (ii) damages of any kind that result from the downloading of any data or any other materials on the site or through the Platform; or (iii) the failures of the internet or any data or telecommunications equipment, system or network used in connection with the Platform.
8.14) The Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of the Platform, or for any other claim related in any way to the use of the Platform, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platform or any content posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility.
8.15) The Company shall not be liable to anyone else for any losses or injury arising out of or relating to the information provided on the Platform. In no event will the Company or its employees, affiliates, authors or agents be liable to the Users or any third party for any decision made or action taken by the Users.
8.16) The Company shall not be liable for any acts or omissions on part of the Service Providers including deficiency in service, quality, incorrect pricing, time taken to prepare or deliver transportation services, etc.
9. Privacy
9.1) All information about Users that are collected, stored or transmitted in any way on the Platform, including any registration information, is subject to our Privacy Policy (the "Privacy Policy"), located at this website and appended to this document below.
10. Cancellation and Refund Policy
10.1) The Users acknowledge that the cancellation or purported cancellation of the Services, and subsequent refund thereto, is subject to the cancellation and refund policy of the concerned Service Provider. The Users understand and acknowledge that the Company does not collect or process any payments on behalf of any of the Users. The transactions are solely between the Riders and the Service Provider, and the Company does not assume any liability for non-refund by any Service Provider.
10.2) Any subscription charges collected by the company is only for use of the platform / website / app and does not indicate offering any other services as described herein. Subscription charges once paid are not refundable and is deemed to have been utilized for the download and or use of the platform / website / app.
10.3) The Company may offer at its sole discretion any benefits or giveaways other than the use of the platform / website / app and is not proportional and or in lieu any subscription fees or charges collected. Such benefits and or offers or giveaways may be altered, changed or cancelled or removed with or without notice at the sole discretion of the Company.
11. Third Party Links
11.1) Certain content, advertisements or products available via the Platform may include materials from third-parties.
11.2) Third-party links on the Platform may direct the User to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
11.3) The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure to understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products or Services should be directed to the third-party.
12. Intellectual property
12.1) The Company is either the owner of intellectual property rights or has the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, on the Platform, and on the material published on it.
12.2) The Users must not modify the paper or digital copies of any materials printed or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
12.3) The Users must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from the Company.
13. Indemnification
13.1) The Users agree to indemnify, defend and hold harmless the Company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of a breach of these Terms of Service or the documents they incorporate by reference, or violation of any law or the rights of a third-party.
14. Severability
14.1) In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
15. Independent Contractors
15.1) Nothing herein contained shall constitute or be deemed to constitute a relationship of agency, partnership, joint venture or employment between the Service Providers, the Riders, Users and the Company.
16. Termination
16.1) These Terms of Service are effective unless and until terminated by either the Company or the Users. The Users may terminate these Terms of Service at any time by notifying the Company that the Users no longer wish to use the Platform or the Services, or when the Users cease using the Platform.
16.2) If in the Company's sole judgment the Users fail, or they suspects that the Users have failed, to comply with any term or provision of these Terms of Service, the Company may also terminate their access to the Platform, or cease the provision of the Services at any time without notice and the Users will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Users access to the Platform or the Services (or any part thereof).
17. Entire Agreement
17.1) These Terms of Service and any policies or operating rules posted by the Company on the Platform constitute the entire agreement and understanding between the Users and the Company with respect to the Platform, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Users and the Company (including, but not limited to, any prior versions of the Terms of Service).
17.2) Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
17.3) This agreement and or Terms and Conditions also include the part titled "Other General Covenants" appended, and these shall also be considered as agreed to whether or not the same has appeared elsewhere on this documents.
18. Waiver
The failure of the Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
19. Governing law and dispute resolution
These Terms of Service are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the exclusive jurisdiction of the courts at Ernakulam, Kerala.
20. Contact Information
All notices and enquiries to the Company can be addressed to
Director
Sevana Mobility Solutions Pvt Ltd
Kochi, Kerala
Email : info@sevana.online
21. Grievance Redressal
21. 1) All grievances with the Company with respect to the Services or any other term of these Terms and Services can be addressed to:
Director
Sevana Mobility Solutions Pvt Ltd
Kochi, Kerala
Email : info@sevana.online
21.2) In the event the User's grievances are not suitably resolved or with respect to the alleged breach of any statutory compliances, such grievances can be escalated to:
Grievance Officer
Sevana Mobility Solutions Pvt Ltd
Kochi, Kerala
Email : jay@sevana.online
These Terms of Service constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.