THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH ALMAWIZ TECHNOLOGIES PVT. LTD. OFFERS YOU ACCESS TO THE LOLOSHARE APPLICATION.
Welcome to the user agreement (the “Agreement” or “User Agreement” or “Terms of Service”) for LoloShare Ride, an application developed on LoloShareTM Platform owned and operated by Almawiz Technologies Pvt Ltd., whose office is located at #649,Royal Park Residency, JP Nagar 9th Phase, Bangalore-62, 560037.
This Agreement is a legally binding agreement made between you (“You,” “Your,” or “Yourself”) and LoloShare Ride (“LoloShare Ride,” “We,” “Us” or “Our”).
LoloShare Ride is willing to license, not sell, the LoloShare Ride Application to You only upon the condition that You accept all the terms contained in this Agreement. By signing up with or by using the LoloShare Ride Application, You indicate that You understand this Agreement and accept all of its terms. If You do not accept all the terms of this Agreement, then LoloShare Ride is unwilling to license the LoloShare Ride Application to You.
This paragraph applies to any version of the LoloShare Ride Application that you acquire from the Google play-store and Apple App-Store. This Agreement is entered into between You and LoloShare Ride. Google play-store and Apple App-Store is not a party to this Agreement and shall have no obligations with respect to the LoloShare Ride Application. LoloShare Ride, not Google or Apple, is solely responsible for the LoloShare Ride Application and LoloShareTM Application and the content thereof as set forth hereunder. However, Google, Apple, Google’s subsidiaries and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Google and Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Google and Apple, for purposes of which, You are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
The LoloShare Ride Application provides a means to enable persons who seek transportation to certain destinations (“Riders”) to be matched with persons driving to or through those destinations (“Drivers”). For purposes of this Agreement these services shall collectively be defined as the “Services”. This Agreement describes the terms and conditions that will govern Your use of and participation in the LoloShare Ride Application.
Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You use any of the Services. By using any of the Services, You become a Participant in LoloShare Ride Application and a User of Services available on the LoloShareTM Application (“Participant” or “User”) and You agree to be bound by the terms and conditions of this Agreement with respect to such Services.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS LOLOSHARE RIDE APPLICATION OR REGISTER FOR THE SERVICES PROVIDED ON LOLOSHARE RIDE APPLICATION. We may amend this Agreement at any time by posting the amended terms on the LoloShare Ride Application. If We post amended terms on the LoloShare Ride Application, You may not use the Services without accepting them. Except as stated below, all amended terms shall automatically be effective after they are posted on the LoloShare Ride Application. This Agreement may not be otherwise amended except in writing signed by You and LoloShare Ride.
LOLOSHARE RIDE APPLICATION DOES NOT PROVIDE TRANSPORTATION SERVICES, AND LOLOSHARE RIDE IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER OR VEHICLE OPERATOR TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE LOLOSHARE RIDE APPLICATION, AND IT IS UP THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE LOLOSHARE RIDE APPLICATION. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH THE LOLOSHARE RIDE APPLICATION IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. LOLOSHARE RIDE APPLICATION OFFERS INFORMATION AND A METHOD TO CONNECT DRIVERS AND RIDERS 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 VOLUNTARILY PROVIDED TO ANY RIDER BY ANY DRIVER USING THE LOLOSHARE RIDE APPLICATION.
- Charges: You agree that any mandatory amounts charged following a ride (a “Charge”) are due immediately. LoloShare Ride reserves the right to determine pricing.
- Cash prohibited: All Donations and Payments made by Passengers to Drivers shall only be made through the LoloShare Ride Application. Cash Payments are strictly prohibited. Neither Drivers nor Passengers may make or accepts Payments in cash under any circumstances.
- Administrative Fee: LoloShare Ride receives an administrative fee of up to 7% (the “Administrative Fee”) of points towards the cost of technology, services, infrastructure and support.
- Refunds: The full amount of the Charge, as applicable (including the Administrative Fee), is charged immediately following completion of such election to the Rider’s authorized credit card and transferred (less the Administrative Fee) to such Driver’s account. All payments made are non-refundable. This no-refund policy shall apply at all times regardless of a Rider’s decision to terminate usage of LoloShare Ride, our decision to terminate a Rider’s usage, disruption caused to our Services either planned, accidental or intentional, or any other reason whatsoever.
- Promotional Offers: LoloShare Ride, at its sole discretion, may make available promotional offers with different features to any of our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract. LoloShare Ride may change its Administrative Fee as we deem necessary for our business. We encourage You to check this Agreement periodically if You are interested in keeping abreast of the rate of our Administrative Fee.
- Cancellation Fee: In the event that a Rider cancels a ride request on the LoloShare Ride Application within a short notice( less than an hour) before the scheduled ride, Rider agrees to pay a “Cancellation Fee” of 20% of the ride fare.
- Facilitation of Payments: All Charges, as applicable, shall be facilitated through standard payment gateway., LoloShare Ride’s third-party payment processing service.
Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants. By becoming a Participant, You represent and warrant that You are at least 18 years old. By using the LoloShare Ride Application or the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password provided by You or LoloShare Ride for accessing the Services. You are solely and fully responsible for all activities that occur under Your password or account. LoloShare Ride has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You will contact Us immediately.
TERM AND TERMINATION
This Agreement is effective upon use of the LoloShare Ride Application or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate Your participation in the Services at any time, for any reason upon receipt by Us of Your written or email notice of termination. Either You or We may terminate Your participation in the LoloShare Ride Application by removing Your Information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, We will remove all of Your information from Our servers, though We may retain an archived copy of records We have about You as required by law or for legitimate business purposes. We maintain sole discretion to bar Your use of the Services in the future, for any or no reason. Even after Your participation in the LoloShare Ride Application is terminated, this Agreement will remain in effect.
Your Information is any information You provide, publish or display (“post”) to the LoloShare Ride Application or send to other Users in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature (“Your Information”). Your Information will be stored on computers. You consent to Us using Your Information to create a User account that will allow You to participate in the Services. You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your online posting of Your Information. When You use the LoloShare Ride Application, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services.
By accepting this Agreement, a Driver agrees that We may obtain information about the Driver, including without limitation the Driver’s driving record, references and credit information. A Driver hereby authorizes Us to perform a background check on Driver, and further agrees to provide any necessary authorization to facilitate Our access to the Driver’s official driving record, references and credit information during the term of the Agreement.
SOCIAL MEDIA AND NETWORKING SITES
As part of the functionality of the LoloShare Ride Application, You may be able to login through online accounts You may have with third party service providers (each such account, a “Third Party Account”) by either:
- Providing Your Third Party Account login information through the LoloShare Ride Application; or
- Allowing LoloShare Platform to access Your Third Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third Party Account.
You represent that You are entitled to disclose Your Third Party Account login information to LoloShare Platform and/or grant LoloShare Platform access to Your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by You of any of the terms and conditions that govern Your use of the applicable Third Party Account and without obligating LoloShare Platform to pay any fees or making LoloShare Platform subject to any usage limitations imposed by such third party service providers. By granting LoloShare Platform access to any Third Party Accounts, You understand that
- LoloShare Platform may access, make available and store (if applicable) any content that You have provided to and stored in Your Third Party Account (the “SNS Content”) so that it is available on and through the LoloShare Ride Application via Your account, including without limitation any friend, contacts or following/followed lists, and
- LoloShare Platform may submit and receive additional information to Your Third Party Account as indicated herein.
Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be Your Information and Your Content for purposes of this Agreement. Depending on the Third Party Accounts You choose and subject to the privacy settings that You have set in such Third Party Accounts, personally identifiable information that You post to Your Third Party Accounts may be available on and through the LoloShare Ride Application. Please note that if a Third Party Account or associated service becomes unavailable or the LoloShare Ride Application’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the LoloShare Ride Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. LoloShare Ride makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and LoloShare Ride is not responsible for any SNS Content.
DRIVER REPRESENTATIONS AND WARRANTIES
By using the Service, a Driver represents, warrants and agrees that:
- Such Driver is at least 21 years of age.
- Such Driver possesses a valid driver’s license and is authorized to operate a motor vehicle and has all appropriate licenses, approvals and authority to provide transportation to third parties in all jurisdictions in which such Driver uses the Services.
- Such Driver owns, or has the legal right to operate, the vehicle such Driver uses when accepting Riders, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
- Such Driver is named or scheduled on the insurance policy covering the vehicle such Driver uses when accepting Riders.
- Such Driver has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such Driver’s vehicle to cover any anticipated losses related to such Driver’s provision of rides to Riders.
- Such Driver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle such Driver uses to transport Riders, including, but not limited to personal injuries, death and property damages.
- In the event of a motor vehicle accident such Driver will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with such Driver’s insurance carrier.
- Such Driver will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
- Such Driver will not make any misrepresentation regarding LoloShare Platform, the LoloShare Ride Application, the Services or such Driver’s status as a Driver, offer or provide transportation service for profit, as a public carrier or taxi service, charge for rides or otherwise seek non-voluntary compensation from Riders, or engage in any other activity in a manner that is inconsistent with such Driver’s obligations under this Agreement.
- Such Driver will only accept Riders using the vehicle that has been reported to and photographed by LoloShare Ride.
- Such Driver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
- Such Driver is medically fit to drive in accordance with applicable law.
You are responsible for your safety w.r.t. the carpooling on LoloShare Ride.in. LoloShare Ride is only a technology enabled social Application that helps you to initiate, accept and undertake carpooling in order to use sustainable means of commuting, reduce fuel cost, reduce stress associated with driving and reduce overall traffic in the roads. You are encouraged to use LoloShare Ride Application responsibly and safely. LoloShare Ride Application recommends the following safety guidelines in the course of using our product.
- LoloShare Ride Application validates email addresses during registration using mechanism described in the Eligibility section of this document. This pertains to the registrations done using the Email option. LoloShare Ride does not undertake any other user checks at an individual level.
- LoloShare Ride Application validates Google+ and Facebook based registrations using Google+ and Facebook based authentication respectively. This pertains to the registrations done using the Google+ or Facebook options.
- Please set up your Favorites carefully and verify the information provided while requesting a carpool with a “Car Owner”. Follow similar caution while accepting a carpool request from a “Passenger”.
- Carry a photo ID and show the same at the pickup point while take a ride and request the same from your ride partner.
- If you are a Passenger choose a safe pick up location which will not compromise your safety when you are waiting for the “Car Owner” to arrive.
- If you are a Car Owner choose a pick up location which does not compromise your safety on the road or disrupt traffic if you have to wait for the Passenger to arrive.
- Use of mobile phones while driving is extremely dangerous. Do not under any circumstances use your mobile phone for any reason.
- LoloShare Ride Application recommends using the product to set up carpools before you start driving or to park your car in safe designated parking areas if you have to use the product or coordinate with your ride partner on the way.
- The Phone number of the other person with whom your ride match is done will be shown to you. Please use discretion in sharing it with others.
- Exercise overall caution and common sense while using LoloShare Ride Application
You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate Your participation in the LoloShare Ride Application if You have misused the LoloShare Ride Application or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
With respect to Your participation on the LoloShare Ride Application or through the Services, You agree that You will not:
- Impersonate any person or entity;
- “Stalk” or otherwise harass any person;
- Express or imply that any statements You make are endorsed by Us, without Our specific prior written consent;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
- post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
- remove any copyright, trademark or other proprietary rights notices contained in the Service;
- interfere with or disrupt the Services or the LoloShare Ride Application or the servers or networks connected to the Services or the LoloShare Ride Application;
- post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
- “frame” or “mirror” any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Services or the LoloShare Ride Application in order to direct any person to any other web site for any purpose; or
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services or cause others to do so.
- You further agree that Your Information and Your interactions on the LoloShare Ride Application shall not:
- be false, inaccurate or misleading (directly or by omission or failure to update information);
- infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- violate any law, statute, ordinance or regulation;
- be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material;
- contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;
- include in Your Information any telephone numbers, street addresses, last names, URL’s or E-mail addresses other than where explicitly asked for it in the Your registration and profile section;
- contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- create liability for Us or cause Us to become subject to regulation as a transportation carrier or provider of taxi service; or
- link directly or indirectly to any other web sites. You further agree that You will not transfer, use, or sell Your LoloShare Ride account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions.
TERMS OF SERVICE – Additional Notes
- LoloShare Ride Application represents the information Application designed and intended for use as a Application for ride-sharing by interested users to find, connect with and join other suitable users interested in sharing rides.
- Sharing refers to joining (or allowing to join) another person, with a similar objective of sharing a vehicle for travel on a common route agreed by both parties, with or without using the LoloShare Ride Application. Ride-sharing may or may not be accompanied with cost sharing among the travelling parties details of which will need to be agreed between both parties, before they decide to ride-share along a common path
- Car Owner represents the vehicle owner who is the registered and legal owner of the vehicle – car or motorbike (i.e., 2 wheeler) that is intended to be used for the act of sharing (defined above) through the LoloShare Ride Application
- Co Traveller person(s) joining the Car Owner (/Rider) through the LoloShare Ride Application, for the express intention of ride-sharing only (that may or may not include cost-sharing, as mutually agreed)
- Member any user of the LoloShare Ride Application, who has downloaded the LoloShare Ride application, and registered providing requisite data (correctness of which is the responsibility of the user herself/himself) with an expressed interest of ride-sharing becomes a member of the LoloShare Ride Application. Every Member, by the very act of registering, implicitly agrees to abide by all the Terms & Conditions laid out by LoloShare Ride (and updated from time to time) for use of this Application and also self-certifies all information provided by them to be accurate and true.
- Definitions will follow common English definitions, unless they are specifically defined in this section separately in which case the definitions specified in this document will prevail
- Account is the user account that needs to be created by each user of LoloShare Ride Application for registration and usage. It is detailed out in a following section of this document.
2. Account – In order to use the Services each Member must create a User Account and agrees to provide any personal information requested by LoloShare Ride Application. In particular, Members will be required to provide their first name, last name, age, title, valid telephone number and email address. Use of the Site is limited to those over the age of 18 years at the time of registration.
Members agree and accept that all of the information they provide to LoloShare Ride Application when setting up their User Account and at any other time shall be true, correct, complete and accurate in all respects. Members also agree that any information supplied to LoloShare Ride Application or posted on the Site in connection with any Trip, Vehicle or Car Sharing will be true, accurate and complete. Unless expressly agreed by LoloShare Ride, Members are limited to one User Account per person/Member. No User Account may be created on behalf of, or in order to impersonate, another person.
- No Commercial Activity
The Site and the Services are strictly limited to providing a Service for Car Owners and Co-Travelers to car share in a private capacity. The Services may not be used to offer or accept car sharing for hire or reward or for profit or in any commercial or professional context. The Services may be used only to offer or accept car sharing in exchange for sharing the cost of the Trip between the Car Owner and the Co-Traveler. Members are reminded that using the Services and offering Trips for hire or reward or in a commercial or professional capacity may invalidate a Car Owners insurance and invite adverse legal actions by the road transport authorities. LoloShare Ride shall not be in for any loss or damage incurred by a Member as a result of any or breach by a Member of these Conditions including where any Car Owner (in breach of these terms) offers Services through the Site in a professional or commercial capacity (thereby potentially invalidating their insurance) and breach of any agreement between the Car Owner and the Co-Traveler. Any offering of Trips in violation of the Conditions shall be at the sole risk such Member and LoloShare Ride shall have no liability towards Members for such violations.
- Method of Payment
To support carpooling system among vehicle owners, LoloShare Ride Application sharing system implemented following payment system. It is limited for cost sharing of vehicle, but not for any Commercial benefits. There are no cash exchanges involved.
When a car owner offer ride, he earn the points based on distance and fare set by the owner (Default recommended is 3 with max. limit of 8). When a person avails ride, he has to transfer the points to the person offering ride. When a car owner wants to redeem points, these can only be used for Car fuel/Maintenance costs.
- Car Owner and Co-Traveller Obligations
Car Owner’s obligations
The Car Owner agrees: That the Trip shall not be for any fraudulent, unlawful or criminal activity. That they will procure for the Vehicle, a comprehensive insurance policy, which provides insurance cover to the occupants (including, but not limited to, Co-Travellers) in the Vehicle and covers third party liability. That they will present themselves on time and at the place agreed with the specified Vehicle; That they will immediately inform all Co-Travelers of any change whatsoever to the Trip. If one or more Co-Travelers have made a booking and the Car Owner decides to change any aspect of the Trip, the Car Owner undertakes to contact all Co-Travelers who have made a booking in relation to that Trip and to obtain the agreement of all Co-Travelers to the change. If a Co-Traveler refuses the change, they are entitled to a full refund and without any compensation being paid to the Car Owner. The Car Owner self-declares that he/she complies fully with all legal requirements of owning and driving the vehicle in use with fully compliant legal documents that include, but are not limited to, a valid driving license, appropriate and valid insurance policy, appropriate registration and tax paid certificates for the vehicle, and a valid pollution-under-control (PUC) certificate. The Car Owner must comply with the Good Conduct Charter at all times. The Car Owner must comply with agreed timings and reach the pickup point on time, or keep the Co-Traveler informed in case of any unforeseen delay. The Car Owner is expected to wait for the Co-Traveler at the pickup point for at least 15 minutes after the agreed time (however, the Co-Traveler is expected to be punctual). The Carowner shall not deviate from the agreed route, unless under exceptional circumstances when the agreed route becomes untenable. In case of any deviation due to exceptional circumstances the Car Owner must keep the Co-Traveler informed of any such change before the deviation, and at the earliest possible time.
The Co-Traveller agrees: That the Trip shall not be for any fraudulent, unlawful or criminal activity. That they will present themselves on time and at the place agreed with the Car Owner; That they will immediately inform the Car Owner or LoloShare Ride support team if they are required to cancel a Trip. That they will comply with the Good Conduct Charter at all times. The Co-Traveler agrees to wait at the pickup point for at least 30 minutes after the agreed time for the Car Owner to arrive. That they will pay the Cost Contribution to the Car Owner by using the Check In and Check out buttons after pick-up and drop-off respectively, to allow the system to transfer appropriate ride points from Passenger to Rider. If the Co-Traveler or Car Owner fail to comply with any of these terms or any other Conditions LoloShare Ride reserves the right to keep information relating to the breach, to publish or disclose this information on the Members online profile and to suspend or withdraw the Members access to the Site. That they shall ensure that all other persons who accompany the Co-Traveller inthe Trip comply with these Conditions as applicable to a Co-Traveller..
- The Car Owner agrees and undertakes to take out and maintain a comprehensive insurance to cover third party liability, the occupants of the Vehicle and the Trip offered or booked through the Site. The Car Owner agrees that they will, on request, provide the Co-Traveler with evidence, in advance of the Trip, of the complete validity of its insurance policy. The Car Owner also undertakes to hold a valid driving license and that the Car Owner will own or will be entitled to use the Vehicle and that the Vehicle will have a valid PUC (Pollution Under Control) certificate and the Co-Traveler is entitled to request evidence of the Car Owners insurance, registration certificate (log book), driving licence and PUC certificate at any time up to completion of the Trip. It is the Car Owner (/Rider)s responsibility to ensure that their insurance provides adequate cover to Co-traveller/Passenger for the trip. It is up to each Car Owner (/Rider) and Co-Traveler (/Passenger) to confirm with each other that the Car Owner & Passengers are covered by valid insurance. The Car Owner must confirm that their insurance policy allows them to carry Co-Travelers and that their insurance policy covers all Co-Travelers in case of any accident or incident, which may occur during a Trip.
- Dispute between Members LoloShare ride may at its sole discretion provide its Members with an online service for resolving disputes. This service is non-binding. LoloShare Ride is under no obligation to seek to resolve disputes and this service is offered at LoloShare Rides sole discretion and may be withdrawn at any time.
- Jurisdictions 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 Bangalore.
- Verification of IDs and Phone number
By accepting the terms and conditions contained herein, every Member or any person who wishes to register as a Member hereby agrees and consents to the fact that LoloShare Ride may collect IDs / documents belonging to them including but not limited to Driving License, Passport, PAN Card and AADHAR card, or other relevant proof-of-identity documents – for the purpose of verification of the information contained in such IDs / documents by third party service providers.LoloShare Ride shall not be liable for any loss or damage arising as a result of: False, misleading, inaccurate or incomplete information being provided by a Member; The cancellation of a Trip by a Car Owner or Co-Traveler; Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Car Owner or Co-Traveler before, during or after a Trip. LoloShare Ride will not be liable to any Member for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of the services provided by, or enabled through, the LoloShare Ride Application (whether suffered or incurred as a result of the LoloShare Rides negligence or otherwise). LoloShare Rides liability to any Member for all losses in respect of any Trip is capped at the sum of INR 1,000/- (Indian Rupees One Thousand) only. LoloShare Ride will not be liable to any Member in relation to any Trip unless LoloShare Ride is notified of a claim relating to that Trip within 15 days of completion of the Trip Given that Car Owners are required to hold valid insurance to cover a Trip and given that LoloShare Rides service is limited to putting Car Owners and Co-Travelers in touch with each other and cannot oversee any Trip, Members accept that the limitations on the LoloShare Rides liability set out above are reasonable.
LoloShare Ride owns and retains ownership in the LoloShare Ride Application, and all intellectual property therein. Contingent upon Your compliance with the terms and conditions of this Agreement, LoloShare Ride hereby grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the LoloShare Ride Application on
- any Android device that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”).
This license does not allow You to use the LoloShare Ride Application on any Android device, You do not own or control, and You may not distribute or make the LoloShare Ride Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the LoloShare Ride Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the LoloShare Ride Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of LoloShare Ride and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by LoloShare Ride that replace and/or supplement the LoloShare Ride Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Location data provided by the LoloShare Ride Application is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither LoloShare Ride, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services.
Any of Your Information, including geolocational data, You upload, provide, or post on the LoloShare Ride Application may be accessible to certain Users of the LoloShare Ride Application. We cannot verify or guarantee the accuracy of the information Users provide Us on the LoloShare Ride Application, and We do not control the information provided by other Users that is made available through Our system. Therefore, LoloShare Ride cannot and does not confirm each User’s purported identity. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the LoloShare Ride Application. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the LoloShare Ride Application, You agree to accept such risks and LoloShare Ride is not responsible for the acts or omissions of users on the LoloShare Ride Application. In order to help You evaluate with whom You are dealing, LoloShare Ride can link to a User’s Facebook.com profile if they supply Us with their Facebook.com account information. We also encourage You to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
LOLOSHARE RIDE E-MAIL AND TEXT COMMUNICATIONS
E-mail communications and text messages sent from Us or through Us are designed to make Your LoloShare Ride Application experience more efficient. By becoming a Participant, You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails or text messages informing You about potential available Drivers or Riders and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. If You change Your mobile phone service provider, the notification service may be deactivated for Your phone number and You may need to re-enroll in the notification service. LoloShare Ride reserves the right to cancel the notification service at any time. If You do not wish to receive any of our e-mail communications or text messages, please do not use the Services.
All intellectual property rights on the LoloShare Ride Application and in the Services shall be owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the LoloShare Ride Application are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the LoloShare Ride Application or the Services (“Submissions”), provided by You to Us are non-confidential and shall become the sole property of LoloShare Ride. LoloShare Ride shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
LoloShare Ride respects the intellectual property of others, and expects Users to do the same. If You believe, in good faith, that any materials on the Services infringe upon Your copyrights, please send the following information to LoloShare Ride’s Copyright Agent at Almawiz Technologies Pvt. Ltd., #649, Royal Park Residency, JP Nagar 9th Phase, Bangalore – 560062.
- A description of the copyrighted work that You claim has been infringed, including specific location on the Services where the material You claim is infringed is located. Include enough information to allow LoloShare Ride to locate the material, and explain why You think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the information in Your notice is accurate, and that You are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including:
- Your breach of this Agreement or the documents it incorporates by reference; or
- Your violation of any law or the rights of a third party, including, without limitation, Drivers, Riders, other motorists, and pedestrians, as a result of Your own interaction with such third party,
- any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
- Your ownership, use or operation of a motor vehicle or passenger vehicle, including Your provision of rides to Riders; and/or
- any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us. Under no circumstances will We be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, or transmitted to participants. We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Services. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the “Content”) that You post in the public areas of the Services and in Your private e-mail messages. We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails sent between You and other participants that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.
The LoloShare Ride Application contains (or You may be sent through the LoloShare Ride Application or the Services) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Sites accessed through the LoloShare Ride Application or any Third Party Applications, Software or Content posted on, available through or installed from the LoloShare Ride Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Us. If You decide to leave the LoloShare Ride Application and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which You navigate from the LoloShare Ride Application or relating to any applications You use or install from the LoloShare Ride Application.
We, Our subsidiaries, officers, directors, employees and our suppliers provide the LoloShare Ride Application and the Services on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the LoloShare Ride Application and/or the Services. We, Our subsidiaries, officers, directors, employees and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the LoloShare Ride Application or the Services by persons under the age of 18 in violation of this Agreement. We are not responsible or liable in any manner for any Content posted on the LoloShare Ride Application or in connection with the Service, whether posted or caused by Users of the LoloShare Ride Application, by LoloShare Ride, by third parties or by any of the equipment or programming associated with or utilized in the LoloShare Ride Application or the Services. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the LoloShare Ride Application and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the LoloShare Ride Application or in connection with any Content. LoloShare Ride is not responsible for the conduct, whether online or offline, of any user of the LoloShare Ride Application or Services. It also is possible for others to obtain personal information about You due to Your use of the LoloShare Ride Application or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the LoloShare Ride Application or through the Services.
You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the LoloShare Ride Application or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized users, or “hackers”). LoloShare Ride only offers a venue that enables drivers and riders to match with each other. LoloShare Ride does not offer transportation services and LoloShare Ride is not a transportation company. We are not involved in the actual transportation provided by Drivers to Riders. As a result, We have no control over the quality or safety of the transportation that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the of Participants’ information listed on the LoloShare Ride Application. We cannot ensure that a Driver or Rider is who he or she claims to be or that a Driver or Rider will actually complete an arranged service. We reserve the right to change any and all Content, software and other items used or contained in the LoloShare Ride Application and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by LoloShare Ride or the LoloShare Ride Application.
The LoloShare Ride Application and the Services may be temporarily unavailable from time to time for maintenance or other reasons. LoloShare Ride assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. LoloShare Ride is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the LoloShare Ride Application, on any web site or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH LOLOSHARE RIDE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT SCREEN THE PARTICIPANTS USING THE SERVICES IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF LOLOSHARE RIDE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF LOLOSHARE RIDE OR THE SERVICES, OR INTRODUCED TO YOU VIA LOLOSHARE RIDE OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT..
LoloShare Ride has no responsibility whatsoever for the actions or conduct of drivers or riders. LoloShare Ride has no obligation to intervene in or be involved in any way in disputes that may arise between drivers, riders, or third parties. Responsibility for the decisions you make regarding providing or accepting transportation rest solely with You. It is each rider and driver’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the services. LoloShare Ride may but has no responsibility to screen or otherwise evaluate potential riders or users. Users understand and accept that LoloShare Ride has no control over the identity or actions of the riders and drivers, and LoloShare Ride requests that users exercise caution and good judgment when using the services. Drivers and riders use the services at their own risk.
In the event that You have a dispute with one or more Users, You agree to release LoloShare Ride (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the LoloShare Ride Application or the Services.
Without limiting other remedies, We may terminate Your Participation, remove Your Information, warn Our community of Your actions, issue a warning, and refuse to provide Our services to You if:
- You breach this Agreement or the documents it incorporates by reference;
- We are unable to verify or authenticate any information You provide to Us;
- We believe that Your actions may cause financial loss or legal liability for You, Our users or Us, or subject LoloShare Ride or You or any other User to regulation by any state or local government or regulatory agency; or
- if We suspect that You have engaged in fraudulent activity in connection with the LoloShare Ride Application or the Services.
AGREEMENT TO ARBITRATE ALL DISPUTES AND LEGAL CLAIMS
You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the LoloShare Ride Application and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND LOLOSHARE RIDE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to LoloShare Ride’s business, operations and properties (“Confidential Information”) disclosed to You by LoloShare Ride Application for Your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of LoloShare Ride in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to LoloShare Ride with regard to any Confidential Information which You can prove:
- was in the public domain at the time it was disclosed by LoloShare Ride or has entered the public domain through no fault of Yours;
- was known to You, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure;
- is disclosed with the prior written approval of LoloShare Ride;
- becomes known to You, without restriction, from a source other than LoloShare Ride without breach of this Agreement by You and otherwise not in violation of LoloShare Ride’s rights; or
- is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to LoloShare Ride to enable LoloShare Ride to seek a protective order or otherwise prevent or restrict such disclosure.
You and LoloShare Ride are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices to LoloShare Ride shall be given by certified mail, postage prepaid and return receipt requested to Almawiz Technologies Pvt Ltd., #649,Royal Park Residency, JP Nagar 9th Phase, Bangalore-560062, and any notices to You shall be provided to You through the LoloShare Ride Application or given to You via the email address You provide to LoloShare Ride during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to LoloShare Ride Application during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Service, You should first contact Our Customer Service Department by email at email@example.com.
This Agreement shall be governed by the laws India without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Almawiz, in Our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and LoloShare Ride with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.