GENERAL TERMS


         THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS OF OBEN BIKES PLATFORM.

 

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. Definitions :
  10. 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.
  11. 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.
  12. 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.
  13. 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
  14. 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)

ELIGIBILITY

  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.
  2. 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

  1. 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 :

  1. With respect to Your participation on the OBEN BIKES Platform or through the Services, You agree that You will not:
  2. 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.
  3. 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.
  4. 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.
  5. VERIFICATION OF IDS AND PHONE NUMBER:
  6. 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.
  7. 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. .
  8. RESTRICTED ACTIVITIES:
  9. SOCIAL MEDIA AND NETWORKING SITES
  10. OBEN BIKES  E-MAIL, TEXT, IN-APP Notification AND WHATSAPP COMMUNICATIONS

 

  1. YOUR INFORMATION
  2. By accepting this Agreement, a Oben Rider agrees that:
  3. INFORMATION CONTROL
  4. PRIVACY
  5. PROPRIETARY RIGHTS

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

  1. INTELLECTUAL PROPERTY
  2. PAYMENT TERMS

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.

  1. INDEMNITY
  2. ONLINE CONTENT DISCLAIMER
  3. OTHER DISCLAIMERS
  4. CONFIDENTIALITY
  5. NO AGENCY
  6. LIMITATION OF LIABILITY
  7. 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.
  8. BREACH
  9. AGREEMENT TO ARBITRATE ALL DISPUTES AND LEGAL CLAIMS
  10. NOTICES, COMPLAINTS
  11. TERM AND TERMINATION
  12. DISPUTE BETWEEN/WITH MEMBERS:

 

  1. GENERAL

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