THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS OF OBEN BIKES PLATFORM.
- Welcome to the user agreement (the "Agreement" or "User Agreement" or "Terms of Service") for OBEN BIKES (the "OBEN BIKES Platform"), an application owned and operated by ____________________________ whose office is located at ________________________________________________________. In this Agreement, OBEN BIKES refers to the OBEN BIKES Platform. The Agreement, User Agreement or Terms of Service, individually and interchangeably refer to the updated/revised terms of service for OBEN BIKES Platform, as periodically revised/updated and made available on the OBEN BIKES Platform.
- OBEN BIKES Platform would mean and refer to the application, that enables “Rides and Delivery” through a Mobile App or/and Progressive Web App with a customer support base.
- This Agreement, entered into between you and OBEN BIKES is a legally binding agreement made between you ("You," "Your," or "Yourself") and OBEN BIKES. ("OBEN BIKES," "We," "Us" or "Our"). The Agreement refers to the collective terms set out in this part, Part A and Part B, herein under.
- We reserve the right to amend this Agreement from time to time and we shall post the updated terms on the OBEN BIKES Platform. When we post amended terms on the OBEN BIKES Platform, You agree that, 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 OBEN BIKES Platform.
- Your use and access, to the OBEN BIKES Platform is licensed by OBEN BIKES only upon the condition that You accept all the terms contained in this Agreement. By signing up with or by using the OBEN BIKES Platform, You confirm that You understand this Agreement and accept all of its terms. Any use of the OBEN BIKES Platform without accepting to the terms of the Agreement shall be deemed as illegal and unauthorised use of the OBEN BIKES Platform. Should You choose not to accept to the terms in this Agreement, You shall not sign up with or use the OBEN BIKES Platform.
- This paragraph applies to any version of the OBEN BIKES Platform that You acquire from the Google Play Store and/or Apple Inc.'s App Store or through the Web application hosted by the company. Google Play and/or Apple Inc.'s App Store is not a party to this Agreement and shall have no obligations with respect to the OBEN BIKES Platform. OBEN BIKES, not Google and/or Apple Inc., is solely responsible for the OBEN BIKES Platform and the content thereof as set forth hereunder. However, Google and Google's Play Store and/or Apple Inc. and Apple Inc.'s App Store subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Google and/or Apple Inc. 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 to the Licensed Application End User License Agreement (EULA) published by Google and/or Apple Inc., 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 apply.
- The OBEN BIKES Platform integrates city transportation for customers and driver-Partners onto a mobile technology platform ensuring convenient, Transparent and quick service fulfilment. Oben is focused on leveraging the best of technology and building innovative solution ground up, that are relevant at global market. Instead of booking for Four wheelers for a short ride, OBEN BIKES can provide you with an interface for ride sharing taxis through its bigger fleet network of two wheelers. Users can also use the same for delivery of any product save that the same is legal. It is clarified that the OBEN BIKES Platform is intended to be used by Private operators only. The OBEN BIKES Platform is not meant for and does not in any manner permit the use thereof as Taxi service or public service vehicle or contract carriage or a stage carriage vehicle [as defined under the Motor Vehicles Act, 1988 (Act No. 59 of 1988)]. For purposes of this Agreement the services relating to connecting a Ride Share vehicle with You for private vehicle rides shall collectively be defined as the "Services". This Agreement describes the terms and conditions that will govern, Your use of and participation in the OBEN BIKES Platform.
- 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 OBEN BIKES and a User of Services available on the OBEN BIKES Platform ("Participant" or "User") and You agree to be bound by the terms and conditions of this Agreement with respect to such Services.
- Definitions :
The terms mentioned above are applicable based on role of the users for the ride; Same user can be “Oben Rider” and “Pillion/Co Rider” as well. The terms applicable as per the role played for the shared ride. Terms that are not defined, shall carry their dictionary meaning.
oben bikes does not provide public or private transportation services, and Oben bikes is not a transportation carrier. it is up to the “Oben rider” or ride vehicle owner to decide whether or not to offer a ride to a “Pillion/Co rider ” contacted through the Oben bikes platform, and it is up the “Pillion/Co rider ” to decide whether or not to accept a ride from any “Oben rider” contacted through the Oben bikes platform. Any decision by a user to offer or take ride once such user is matched by the automatic interface matching app through the Oben bikes platform is a decision made in such user’s sole discretion. Oben bikes offers information and a method to discover and connect “Oben riders” and “Pillion/Co riders” with each other, but does not intend to and does not 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 “Pillion/Co rider” by any “Oben rider” using the Oben bikes platform. You agree that Oben bikes platform only plays a transient role in providing a technological platform for connecting you with an Oben rider/ Pillion/Co rider, as the case maybe and as such, Oben bikes platform is and continues to be an intermediary for the purposes of the information technology act, 2000.
OBEN BIKES represents the information platform designed and intended only for use as a platform for connecting commuters to find, connect with and join other suitable users interested in sharing rides.
Ride-sharing may or may not be accompanied with ride cost sharing among the travelling parties details of which will need to be agreed between both parties, before they decide to ride-share. Ride Vehicle Owner (Oben Rider) 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 OBEN BIKES Platform
Pillion/Co Rider joining the Ride Vehicle Owner (Oben Rider) through the OBEN BIKES Platform, for the express intention of ride-sharing only (that may or may not include ride cost-sharing, as mutually agreed)
- 9.1 “Account” is the user account that needs to be created by each user of OBEN BIKES for registration and usage.
- 9.2 “Confidential Information” shall carry the meaning as provided in Clause 38.1.
- 9.3. “Content” shall carry the meaning as ascribed in Clause 36.3.
- 9.4. “Member” means any user of the OBEN BIKES Platform, who has downloaded the OBEN BIKES application, and registered providing requisite data (correctness of which is the responsibility of the user herself/himself) with an express interest of ride-sharing/offering private vehicle for ride becomes a member of the OBEN BIKES Platform. Every Member, by the very act of registering, implicitly agrees to abide by all the Terms & Conditions laid out by OBEN BIKES.
- 9.5. “Ride Vehicle” shall mean the vehicle intended to be used for Rides to provide a ride to the User or the person who requested for a Ride, which vehicle is owned by the Oben Rider or Oben Bikes and listed on the OBEN BIKES Platform and is not registered as a taxi, stage carrier, contract carrier or public service vehicle.
- 9.6. Pillion/Co Rider is the Individual who is looking for traveling to a place at a particular time, and who is willing to join the Oben Rider others rather taking own/adding more vehicles to congested roads.
- 9.7. "Submissions" shall carry the meaning as provided in Clause 33.4.
- 9.8. “Third Party Account” shall mean such account(s) as defined under Clause 26.1.
- 9.9. “Third Party Sites”, “Third Party Applications, Software or Content” shall carry the meaning as ascribed in Clause 36.4.
- 9.10. “Your Information” shall carry the meaning as ascribed in Clause 28.1.
- . 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, both directly or otherwise. By becoming a Participant, You represent and warrant that You are at least 18 years old. By using the OBEN BIKES Platform and/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 represent that You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password provided by You or OBEN BIKES for accessing the Services. You are solely and fully responsible for all activities that occur under account. OBEN BIKES 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 account or You suspect any other breach of security, You will contact Us immediately.
Oben Rider Pillion/Co Rider
- OBEN RIDER AND PILLION/CO RIDER REPRESENTATIONS, WARRANTIES AND OBLIGATIONS.
By using the Services, the Oben Rider represents, warrants the following to both OBEN BIKES and any Pillion/Co Rider and agrees that :
With respect to Your participation on the OBEN BIKES Platform or through the Services, You agree that You will not:
- 17.1. Such Oben Rider is at least 18 years of age.
- 17.1.2. Such Oben Rider possesses a valid Driving license issued by the relevant govt. authority and is authorized to operate a motor vehicle and has all appropriate licenses, approvals and authority to drive/ride the Ride Vehicles in all jurisdictions in which such Oben Rider uses the Services.
- 17.1.3. Such Oben Rider owns, or has the legal right to operate, the Ride Vehicle such Oben Rider uses when accepting Pillion/Co Rider, and such Ride Vehicle is in good operating condition and meets all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
- 17.1.4. Such Oben Rider is not registered or enrolled or in any manner recorded in any private enterprise record or public record as a taxi or a public/stage or contract carrier driver or operator and that the Ride Vehicle is not registered with any appropriate authority as a public service transportation vehicle, stage carrier/ contract carrier or tourist vehicle.
- 17.1.5 Such Oben Rider is named or scheduled on the insurance policy covering the Ride Vehicle such Oben Rider uses when accepting Pillion/Co Rider s.
- 17.1.6. Such Oben Rider has a valid policy of insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such Ride Vehicle to cover any anticipated losses related to such Oben Rider’s provision of rides to Pillion/Co Rider s.
- 17.1.7. Such Oben Rider will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the Ride Vehicle such Oben Rider uses to transport Pillion/Co Rider’s, including, but not limited to personal injuries, death and property damages.
- 17.1.8. In the event of a motor vehicle accident such Oben Rider will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with such Oben Rider’s insurance carrier.
- 17.1.9. Such Oben Rider will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
- 17.1.10. Such Oben Rider will not make any misrepresentation regarding OBEN BIKES, the OBEN BIKES Platform, the Services or such Oben Rider’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 Pillion/Co Riders, or engage in any other activity in a manner that is inconsistent with such Oben Rider’s obligations under this Agreement.
- 17.1.11. Such Oben Rider will only accept Pillion/Co Rider s using the Ride Vehicle that has been reported to and added on OBEN BIKES Platform.
- 17.1.12. Such Oben Rider 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.
- 17.1.13. Such Oben Rider is medically fit to drive in accordance with applicable law.
- 17.2 The Oben Rider further agrees, represents and undertakes to both OBEN BIKES and a Pillion/Co Rider :
- 17.2.1. That the Trip shall not be for any fraudulent, unlawful or criminal activity.
- 17.2.2. That they will procure for the Ride Vehicle, a insurance policy, which provides insurance cover to the occupants (including, but not limited to, Pillion/Co Rider s / Co-Travellers) in the Ride Vehicle and covers third party liability.
- 17.2.3. That they will present themselves on time and at the place agreed with the specified Ride Vehicle;
- 17.2.4. That they will immediately inform all Pillion/Co Rider s of any change whatsoever to the Trip.
- 17.2.5. If one or more Pillion/Co Rider s have made a booking and the Oben Rider decides to change any aspect of the Trip, the Oben Rider undertakes to contact all Pillion/Co Rider who have made a booking in relation to that Trip and to obtain the agreement of all Pillion/Co Rider s to the change.
- 17.2.6. If a Pillion/Co Rider refuses the change, they are entitled to a full refund and without any compensation being paid to the Oben Rider.
- 17.2.7. The Oben Rider self-declares that he/she complies fully with all legal requirements of owning and driving the Ride 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.
- 17.2.8. The Oben Rider must comply with agreed timings and reach the pickup point on time or keep the Pillion/Co Rider informed in case of any unforeseen delay. The Oben Rider 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 Oben Rider must keep the Pillion/Co Rider s informed of any such change before the deviation, and at the earliest possible time.
- 17.3. The Pillion/Co Rider agrees, represents and undertakes to both OBEN BIKES and a Oben Rider:
- 17.3.1. That the Trip shall not be for any fraudulent, unlawful or criminal activity.
- 17.3.2. That they will present themselves on time and at the place agreed with the Oben Rider;
- 17.3.3. That they will immediately inform the Oben Rider or OBEN BIKES if they are required to cancel a Trip.
- 17.3.4. That they will comply with the Good Conduct Charter at all times.
- 17.3.5. The Pillion/Co Rider agrees to wait at the pickup point at the agreed time for the Oben Rider to arrive.
- 17.3.6. That they will pay the Cost Contribution to the shared ride to Oben Rider by using the system provided options after pick-up and drop-off respectively, to allow the system to transfer appropriate ride points from Pillion/Co Rider to Oben Rider.
- 17.3.7. The Oben Rider agrees and undertakes to take out and maintain a insurance policy to cover third party liability, the occupants of the Ride Vehicle and the Trip offered or booked through the Site/OBEN BIKES Platform.
- 17.3.8. The Oben Rider agrees that they will, on request, provide the Pillion/Co Rider with evidence, in advance of the Trip, of the complete validity of its insurance policy.
- 17.3.9. It is the Oben Riders responsibility to ensure that their insurance provides adequate cover to Ride for the trip. It is up to each Oben Rider and Pillion/Co Rider to confirm with each other that the Oben Rider & Pillion/Co Rider s are covered by valid insurance. The Oben Rider must confirm that their insurance policy allows them to carry Pillion/Co Rider s and that their insurance policy covers all Pillion/Co Rider in case of any accident or incident, which may occur during a Trip.
Notwithstanding anything in the foregoing, Members agree and accept that all of the information they provide to OBEN BIKES when setting up their user Account and at any other time later, shall be true, correct, complete and accurate in all respects. Members also agree that any information supplied to OBEN BIKES or posted on the Site in connection with any Trip, Vehicle or Car Ride Sharing will be true, accurate and complete. Unless expressly agreed by OBEN BIKES, 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. OBEN BIKES reserves the right to suspend the account or apply penalty for the users who violate the intended use and terms and conditions.
Without prejudice to anything stated herein, the Site and the Services are strictly limited to providing a Service for Oben Riders and Pillion/Co Rider s to share a car or bike 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/bike sharing in exchange for sharing the cost of the Trip between the Car/Bike Owner and the Co-Traveller. 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/Bike Owners insurance and invite adverse legal actions by the road transport authorities. OBEN BIKES 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/Bike 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/Bike Owner and the Co-Traveller. Any offering of Trips in violation of the Conditions shall be at the sole risk such Member and OBEN BIKES shall have no liability towards Members for such violations.
If the Pillion/Co Rider or Oben Rider fail to comply with any of these terms or any other Conditions OBEN BIKES 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, in addition to enforcing such other rights and remedies available under law, that it may explore. That they shall ensure that all other persons who accompany the Pillion/Co Rider in the Trip comply with these Conditions as applicable to a Pillion/Co Rider.
VERIFICATION OF IDS AND PHONE NUMBER:
- 18.1. Impersonate any person or entity;
- 18.2. "Stalk" or otherwise harass any person;
- 18.3. Provide any false proofs to OBEN BIKES;
- 18.4. 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 of OBEN BIKES Platform;
- 18.5. 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;
- 18.6. remove any copyright, trademark or other proprietary rights notices contained in the Service;
- 18.7. interfere with or disrupt the Services or the OBEN BIKES Platform or the servers or networks connected to the Services or the OBEN BIKES Platform;
- 18.8. 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;
- 18.9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
- 18.10. "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 OBEN BIKES Platform in order to direct any person to any other web site for any purpose; or
- 18.11. 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.
- 18.12. You further agree that Your Information and Your interactions on the OBEN BIKES Platform shall not:
- 18.13. be false, inaccurate or misleading (directly or by omission or failure to update information);
- 18.14. 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;
- 18.15. violate any law, statute, ordinance or regulation;
- 18.16. be defamatory, trade, abusive, obscene, profane, offensive, sexually offensive, threatening, harassing, racially offensive or illegal material;
- 18.17. contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;
- 18.18. 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;
- 18.19. contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- 18.20. create liability for Us or cause Us to become subject to regulation as a transportation carrier or provider of taxi service; or
- 18.21. link directly or indirectly to any other web sites. You further agree that You will not transfer, use, or sell Your OBEN BIKES 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.
PAYMENT SYSTEM: To support ride sharing system among vehicle owners, OBEN BIKES sharing system implemented following payment system, detailed explanation whereof is provided as Part B to this Agreement.
- 22.1. 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 OBEN BIKES 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.
SAFETY: You are responsible for your safety with regard to the Ride Sharing and/or Ride Sharing undertaken using OBEN BIKES Platform. OBEN BIKES Platform is only a technology enabled social platform that helps you to initiate, accept and undertake Ride Sharing and/or Ride Sharing in order to use sustainable means of commuting, reduce fuel cost, reduce stress associated with driving and reduce overall traffic on the roads. You are encouraged to use OBEN BIKES responsibly and safely, OBEN BIKES provides you with multiple matches based on your routes and it is upto the Oben Rider and Pillion/Co Rider to choose their co-passengers. .
- 23.1 The riders shall link designated e-wallets at the time of creation of an Account and shall not be able to initiate/participate in a Trip/Ride without linking their respective e-wallets since the payment system as regards the sharing of costs between the Oben Rider and the Pillion/Co Rider cannot be done as cash transactions and shall only be recorded money transfers via e-wallets, UPI, Debit Cards, Credit Cards and Net Banking instruments.
- 23.2. Upon completion of the ride, the money shall be transferred from one person to another, as agreed between them or in the manner as indicated on the OBEN BIKES Platform, as the case maybe.
- 23.3. However, the Oben Rider expressly undertakes that all points / money redeemed from the OBEN BIKES Platform shall be used only for the purposes of vehicle maintenance like fuel, service and insurance costs and such payment shall not exceed the vehicle maintenance costs at any given time. The Oben Rider can also use the points received to take Rides.
- 23.4. If any violation observed such as failure/refusal to pay for a Ride etc, then the company reserves the rights to either suspend the account(s) of the user(s) or penalized up to Rs. 3000/-, to be appropriately remitted into the Oben Rider’s account.
SOCIAL MEDIA AND NETWORKING SITES
- 25.1. 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
- 25.2. Your participation in the OBEN BIKES Platform if You have misused the OBEN BIKES Platform or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
- 25.3. OBEN BIKES should be used for sharing of empty seats in personal/private vehicle with colleagues, friends and neighbours and not as a taxi service.
OBEN BIKES E-MAIL, TEXT, IN-APP Notification AND WHATSAPP COMMUNICATIONS
- 26.1. As part of the functionality of the OBEN BIKES Platform, 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:
- 26.2. Providing Your Third Party Account login information through the OBEN BIKES Platform; or
- 26.3. Allowing OBEN BIKES to access Your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
- 26.4. You represent that You are entitled to disclose Your Third Party Account login information to OBEN BIKES and/or grant OBEN BIKES 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 OBEN BIKES to pay any fees or making OBEN BIKES subject to any usage limitations imposed by such third party service providers.
- 26.5. By granting OBEN BIKES access to any Third Party Accounts, You understand that
- 26.5.1. OBEN BIKES may access, make available and store (if applicable) any content that You have provided to and stored in Your Third Party Account (the "3rd Party Content") so that it is available on and through the OBEN BIKES Platform via Your account, including without limitation any demographic, image, friend, contacts or following/followed lists, and
- 26.5.2. OBEN BIKES may submit and receive additional information to Your Third Party Account as indicated herein.
- 26.5.3. Unless otherwise specified in this Agreement, all 3rd Party Content, if any, shall be considered to be Your Information (as defined below) and Your Content for purposes of this Agreement.
- 26.5.4. 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 OBEN BIKES Platform.
- 26.6. Please note that if a Third Party Account or associated service becomes unavailable or the OBEN BIKES Platform’s access to such Third Party Account is terminated by the third party service provider, then 3rd Party Content may no longer be available on and through the OBEN BIKES Platform.
- 26.7. 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. OBEN BIKES makes no effort to review any 3rd Party Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and OBEN BIKES is not responsible for any 3rd Party Content
- 27.1. E-mail communications, Whatsapp, In-App Notifications, In-App Chat, and text messages sent from Us or through Us are designed to make Your OBEN BIKES experience more efficient.
- 27.2. By becoming a Participant, You specifically agree to accept and consent to receiving e-mail communications, Whatsapp, In-App Notification 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 Oben Riders or Pillion/Co Rider s and e-mails informing You of promotions We run and emails informing You of new and existing features We provide.
- YOUR INFORMATION
By accepting this Agreement, a Oben Rider agrees that:
- 28.1. Your Information is any information You provide, configure, publish or display ("post") to the OBEN BIKES Platform or send to other Users in the registration, or through ride creation, or in any public message area (including, but not limited to the feedback section) or through any email feature ("Your Information").
- 28.2. Your Information will be stored on computers controlled by OBEN BIKES and for the purposes of effective use of the OBEN BIKES Platform.
- 28.3. You consent to Us using Your Information to create a User account that will allow You to participate in the Services.
- 28.4. 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.
- 28.5. When You use the OBEN BIKES Platform, 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.
- 28.6. 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.
- 28.7 You agree that OBEN BIKES can use your information from time to time to recognise top Oben Riders and Pillion/Co Rider s and their contribution to raise awareness about the benefits of Ride Sharing.
- 29.1. We may obtain information about the Oben Rider, including without limitation the Oben Rider’s driving record, references and credit information.
- 29.2. A Oben Rider hereby, expressly, and this shall be deemed to be a written consent as per the relevant laws, authorizing Us to perform a background check on Oben Rider, and further agrees to provide any necessary authorization through mail, letter or fax to facilitate Our access to the Oben Rider’s official driving record, references and credit information during the term of the Agreement.
- 30.1. Location data collected and provided by the OBEN BIKES Platform 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 OBEN BIKES, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services.
- 30.2. Any of Your Information, including geolocational data, You upload, provide, or post on the OBEN BIKES Platform may be accessible to certain Users of the OBEN BIKES Platform.
- 30.3. We cannot verify or guarantee the accuracy of the information Users provide Us on the OBEN BIKES Platform, and We do not control the information provided by other Users that is made available through Our system. Therefore, OBEN BIKES cannot and does not confirm each User’s purported identity.
- 30.4. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the OBEN BIKES Platform. Please note that there are also risks of dealing with underage persons or people acting under false pretence. By using the OBEN BIKES Platform, You agree to accept such risks and OBEN BIKES is not responsible for the acts or omissions of users on the OBEN BIKES Platform.
OBEN BIKES owns and retains ownership in the OBEN BIKES Platform, viz., the interface of the OBEN BIKES Platform and the Site including the source codes thereof, and all intellectual property in respect thereof therein. Contingent upon Your compliance with the terms and conditions of this Agreement, OBEN BIKES hereby grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the OBEN BIKES Platform on
- 32.1. Any device that You own or control and as permitted by the rules prescribed by platforms such as Google’s Play Store and Apple’s App Store.
- 32.2. This license does not allow You to use the OBEN BIKES Platform on any device, You do not own or control, and You may not distribute or make the OBEN BIKES Platform 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 OBEN BIKES Platform. 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 OBEN BIKES Platform, 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 OBEN BIKES 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 OBEN BIKES that replace and/or supplement the OBEN BIKES Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- 33.1. All intellectual property rights on the OBEN BIKES Platform and in the Services – except those posted by a user of the OBEN BIKES Platform, shall be owned by Us absolutely and in their entirety.
- 33.2. 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.
- 33.3. All other trademarks, logos, service marks, company or product names set forth in the OBEN BIKES Platform are the property of their respective owners.
- 33.4. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or such other information about the OBEN BIKES Platform or the Services ("Submissions"), provided by You to Us are non-confidential and shall become the sole property of OBEN BIKES .
- 33.5. OBEN BIKES 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.
34.1 OBEN BIKES makes it clear that Cash can also be used as a mode of payment for successful rides and hence, OBEN BIKES has presently enabled Linked existing prepaid wallets (Paytm, etc.) to the OBEN BIKES registered account of the Rider and will also add other payment modes in the future.
ONLINE CONTENT DISCLAIMER
- 35.1. 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:
- 35.1.1. Your breach of this Agreement or the documents it incorporates by reference; or
- 35.1.2. Your violation of any law or the rights of a third party, including, without limitation, Oben Riders, Pillion/Co Rider’s, other motorists, and pedestrians, as a result of Your own interaction with such third party,
- 35.1.3. 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;
- 35.1.4. Your ownership, use or operation of a motor vehicle or passenger vehicle, including Your provision of rides to Riders; and/or
- 35.1.5. 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.
- 36.1. 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.
- 36.2. 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.
- 36.3. 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.
- 36.4. The OBEN BIKES Platform contains (or You may be sent through the OBEN BIKES Platform 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 OBEN BIKES Platform or any Third Party Applications, Software or Content posted on, available through or installed from the OBEN BIKES Platform, 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 OBEN BIKES Platform 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 OBEN BIKES Platform or relating to any applications You use or install from the OBEN BIKES Platform.
- 37.1. We, Our subsidiaries, officers, directors, employees and our suppliers provide the OBEN BIKES Platform 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 OBEN BIKES Platform 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.
- 37.2. 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 OBEN BIKES Platform or the Services by persons under the age of 18yrs in violation of this Agreement. We are not responsible or liable in any manner for any Content posted on the OBEN BIKES Platform or in connection with the Service, whether posted or caused by Users of the OBEN BIKES Platform, by OBEN BIKES , by third parties or by any of the equipment or programming associated with or utilized in the OBEN BIKES Platform 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 OBEN BIKES Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the OBEN BIKES Platform or in connection with any Content. OBEN BIKES is not responsible for the conduct, whether online or offline, of any user of the OBEN BIKES Platform or Services. It also is possible for others to obtain personal information about You due to Your use of the OBEN BIKES Platform 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 OBEN BIKES Platform or through the Services.
- 37.3. 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 OBEN BIKES Platform 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. OBEN BIKES only offers a venue that enables Oben Riders and Pillion/Co Rider s to match with each other. OBEN BIKES does not offer transportation services and OBEN BIKES is not a transportation company. We are not involved in the actual transportation provided by Oben Riders to Pillion/Co Rider s. 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 OBEN BIKES Platform. We cannot ensure that a Oben Rider or Pillion/Co Rider is who he or she claims to be or that a Oben Rider or Pillion/Co 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 OBEN BIKES Platform 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 OBEN BIKES or the OBEN BIKES Platform.
- 37.4. The OBEN BIKES Platform and the Services may be temporarily unavailable from time to time for maintenance or other reasons. OBEN BIKES 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. OBEN BIKES 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 OBEN BIKES Platform, 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.
- 38.1. You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to OBEN BIKES ’s business, operations and properties ("Confidential Information") disclosed to You by OBEN BIKES 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 OBEN BIKES in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to OBEN BIKES with regard to any Confidential Information which You can prove:
- 38.1.1. was in the public domain at the time it was disclosed by OBEN BIKES 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 OBEN BIKES ;
- 38.1.2. becomes known to You, without restriction, from a source other than OBEN BIKES without breach of this Agreement by You and otherwise not in violation of OBEN BIKES ’s rights; or
- 38.1.3. 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 OBEN BIKES to enable OBEN BIKES to seek a protective order or otherwise prevent or restrict such disclosure.
LIMITATION OF LIABILITY
- 39.1. You and OBEN BIKES are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
RELEASE: In the event that You have a dispute with one or more Users, You agree to release OBEN BIKES (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 OBEN BIKES Platform or the Services.
- 40.1. 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 OBEN BIKES , 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 WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OBEN BIKES OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF OBEN BIKES OR THE SERVICES, OR INTRODUCED TO YOU VIA OBEN BIKES OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
- 40.2. OBEN BIKES has no responsibility whatsoever for the actions or conduct of “Oben Riders” or “Pillion/Co Rider s”. OBEN BIKES has no obligation to intervene in or be involved in any way in disputes that may arise between “Oben Riders”, “Pillion/Co Rider s”, or Third Parties. Responsibility for the decisions you make regarding providing or accepting transportation rest solely with You. It is each user’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the services. OBEN BIKES may but has no responsibility to screen or otherwise evaluate potential users. Users understand and accept that OBEN BIKES has no control over the identity or actions of the Oben Riders and Pillion/Co Rider, and OBEN BIKES requests that users exercise caution and good judgment when using the services Oben Riders and Pillion/Co Rider s use the services at their own risk and evaluation.
- 40.3. Notwithstanding anything in the foregoing and without prejudice thereto, OBEN BIKES shall not be liable for any loss or damage arising as a result of:
- 40.3.1. False, misleading, inaccurate or incomplete information being provided by a Member;
- 40.3.2. The cancellation of a Trip by a Oben Rider or Pillion/Co Rider ;
- 40.3.3. Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Oben Rider or Pillion/Co Rider s before, during or after a Trip.
- 40.3.4. OBEN BIKES 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 OBEN BIKES Platform (whether suffered or incurred as a result of the OBEN BIKES s negligence or otherwise).
- 40.4. OBEN BIKES will not be liable to any Member in relation to any Trip. Given that Oben Riders are required to hold valid insurance to cover a Trip and given that OBEN BIKES s service is limited to putting Oben Riders and Pillion/Co Rider s in touch with each other and cannot oversee any Trip, Members accept that the limitations on the OBEN BIKES s liability set out above are reasonable.
AGREEMENT TO ARBITRATE ALL DISPUTES AND LEGAL CLAIMS
- 42.1. 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:
- 42.1.1. You breach this Agreement or the documents it incorporates by reference;
- 42.1.2. We are unable to verify or authenticate any information You provide to Us;
- 42.1.3. We believe that Your actions may cause financial loss or legal liability for You, Our users or Us, or subject OBEN BIKES or You or any other User to regulation by any state or local government or regulatory agency; or
- 42.1.4. If We suspect that You have engaged in fraudulent activity in connection with the OBEN BIKES Platform or the Services.
- 42.1.5. The feedback from other users is low.
- 43.1. This Agreement shall be governed in accordance with laws of India. 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 OBEN BIKES Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved amicably by mutual discussions, shall be submitted to binding arbitration. Disputes will be resolved by arbitration, by a single arbitrator appointed upon mutual consent by the disputing Parties, in Chennai, India. If the Parties fail to appoint a sole arbitrator by mutual consent then arbitrators shall be appointed in accordance with the Indian Arbitration and Conciliation Act, 1996. The Courts at Chennai shall have exclusive jurisdiction to settle any disputes arising out of this Agreement.
TERM AND TERMINATION
- 44.1. Except as explicitly stated otherwise, any notices to OBEN BIKES shall be given by certified mail, postage prepaid and return receipt requested to ______________________________________, and any notices to You shall be provided to You through the OBEN BIKES Platform or given to You via the email address You provide to OBEN BIKES 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 OBEN BIKES during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
- 44.2. To resolve a complaint regarding the Service, You should first contact Our Customer Service Department by email at support@______________.
DISPUTE BETWEEN/WITH MEMBERS:
- 45.1. This Agreement is effective upon use of the OBEN BIKES Platform or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users.
- 45.2. 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.
- 45.3. Either You or We may terminate Your participation in the OBEN BIKES Platform, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, We may retain an archived copy of records We have about You as may be required by law. 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 OBEN BIKES Platform is terminated, this Agreement will remain in effect.
- 46.1. Notwithstanding anything contained in Clause 42, OBEN BIKES may at its sole discretion provide its Members with an online service for resolving inter se disputes. This service is non-binding. OBEN BIKES is under no obligation to seek to resolve disputes and this Service is offered at OBEN BIKES s sole discretion and may be withdrawn at any time. Without prejudice, disputes arising out the Trip/ride between Oben Rider(s) and Pillion/Co Rider (s) or any other matter in relation to the use of the OBEN BIKES Platform between the Members shall be dealt with independently between such parties as deemed necessary.
- 46.2. Notwithstanding anything contained in Clause 42, OBEN BIKES reserves its right to suspend or terminate the account of any Member, who is found to be in breach of any of the terms of this Agreement, and render the OBEN BIKES Platform inaccessible (temporarily or permanently, as the case maybe) with or without notice to such Member and without prejudice to such other legal claims that OBEN BIKES may choose to agitate against such Member in breach, before an appropriate forum, at its discretion.
- 47.1. 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 deemed severed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by OBEN BIKES, 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 OBEN BIKES 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.