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© 2019, Seygnux Solutions Private Limited

TERMS AND CONDITIONS

RIDERS T&C

  1. Definitions

  2. Eligibility

  3. Registration and account

  4. Rights and obligations: DO’S and DON'TS

  5. General Customer behavior while using transport service through TSP

  6. Use of application

  7. Content Posted on Application and Intellectual Property

  8. Booking process

  9. Payment

  10. Confirmation of booking

  11. Minor Pricing Policy

  12. Waiting policy

  13. Cancellation and Refund policy

  14. Luggage policy

  15. Pet Policy

  16. Charges

  17. Other businesses/Links to other sites

  18. Termination and expiry of the Account

  19. Disclaimers

  20. Privacy and Security

  21. Notice and Communication

  22. Indemnity and Limitation of Liability

  23. Force Majeure

  24. Waiver

  25. Revision of T&Cs 

  26. Customer Grievance Redressal Policy

  27. Severability

  28. Referral Policy

 

DRIVERS T&C

  1. Definitions

  2. Device Related

  3. Representations and Warranties

  4. Payment Terms

  5. Confidentiality

  6. License and Proprietary Rights

  7. Indemnification

  8. Specific Indemnity

  9. Term and Termination

  10. Relationship Between Parties

  11. General Behavior while providing services

  12. Referral Policy


RIDERS T&C

Definitions

  • “Account” refers to the account created by the Customer on the Platform.

  • “Application” shall mean the mobile application “SHERU” as may be updated by Sheru from time to time.

  • “Authorized driver” shall mean and include such individuals as may be evaluated, appointed and trained by the Authorised Vehicle Operator to provide the transportation services on behalf of the Authorised Vehicle Operator in accordance with the terms & conditions applicable to Authorised Vehicle Operators and Applicable Law, and who are registered on the Platform.

  • “City of operation” shall mean a city in which the Application has been launched and the Customers and TSPs avail and render the transportation services respectively. For clarity, the services rendered by the TSPs and availed by the customer shall be in the same city.

  • “Co–Passenger(s)” shall mean and include such Customer(s) with whom You will be sharing the Ride.

  • “Customer/you” shall mean a person who has an Account.

  • “Email id” shall mean Your current, active and valid email id, used to register on the Platform. Sheru shall use this Email ID for the purpose of Customer verification and such other purposes as contained in any applicable terms and conditions and privacy policy.

  • “Estimated travel time” shall mean the estimated time of arrival of the Vehicle, at the pick up point of the Customer, provided by Sheru before the Ride, which may change from time to time.

  • “Sheru/We/Our/Us”  shall mean Seygnux Solutions Private Limited, a company registered under the Companies Act, 2013 and having its registered office at 201, AGGARWAL PLAZA PLOT NO-6 LSC, CU BLOCK PITAMPURA DELHI North Delhi DL 110034 IN.

  • “Sheru Express” shall mean the feature available on the Application whereby You can avail of the shared Services, with Co-Passengers, where the pick-up and drop-off locations are specified by You at the time of booking the Ride. There may be deviations in the route based on the location of Your Co-Passengers.

  • “Sheru Solo” shall mean the feature available on the Application whereby you can avail of the solo services where the pick-up and drop-off locations are specified by You at the time of booking the Ride.

  • “Ride” shall mean the travel in the Vehicle by the Customer from the pick-up point to the drop-off point, facilitated through the Application.

  • “Services” shall mean the facilitation of transportation service by TSPs through the Application, within the City of Operation, in the manner set out in these T&Cs.

  • “The Service provider (TSP )”shall mean the transport service provider who is an Authorized Driver and/or an Authorized Vehicle Operator, offering the service of transporting Customers within the City of Operation from the pick-up points to the drop-off points as communicated by the Customer at the time of requesting the booking on the Application. 

  • “Vehicle” shall mean an E-Rickshaw.

  • “Booking” means the actual reservation made via our website / our application / our customer helpline for the transfer.

Eligibility

  • You will be "Eligible" to use the Services only when You fulfill all of the following conditions:

  • You have attained at least 18 (eighteen) years of age. 

  • You are competent to enter into a contract under the Applicable Laws.

  • You may avail the Services only if You fulfill the conditions as mentioned above. If You are not Eligible, please immediately abandon any and all attempts to register with Us and/or use Our Services.

  • You acknowledge that We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your Account to access the Services on the Application, is not Eligible to use the same.

 

Registration and account

 

  • You understand that You shall be able to avail the Sheru Solo and Sheru Express services through the account created for Sheru on the Platform.

Rights and obligations: DO’S and DON'TS

  • A booking can be made only through the Application. 

  • You shall share Your Ride with a Co-Passenger. Such sharing shall be subject to a permissible deviation and the extent of the said deviation shall be determined by Us and is subject to Our sole discretion.

  • For each city where Sheru Solo  and Sheru Express services are being offered, the maximum number of seats You shall be allowed to book per ride are 4.

  • You acknowledge that there may be a delay in dropping You at Your destination, as the TSP may take a longer route to pick Your Co-Passenger or may drop him/her first if his/her drop location happens to be located before Yours, and that You shall have no claim against Sheru/TSP in this regard.

  • With regard to Your use of the Sheru Express Service, You acknowledge and understand that the same is provided only on a fixed route as intimated on the Application. You will not be able to request for a deviation from the said route. Due to this, You further understand that Your destination may not be at the same location as Your drop-off point. It would be Your responsibility to ensure Your availability at the predetermined pick-up location sufficiently in advance.

  • You shall not use the Service for emergency hospital visits when You are in a condition of serious ill health or in any other case of emergency or urgency or any other situation of a similar nature. In the event that You choose to do so, You do so against the provisions of these T&Cs, and acknowledge that Sheru shall have no obligation/liability in this regard.

  • You represent to Sheru that while using the Service and during Your Ride in the Vehicle, You shall (a) behave in a disciplined and decent manner; (b) refrain from disturbing, misbehaving with, or in any other manner adversely affecting the quality of the journey of Your Co-Passengers and/or the TSP; and (c) not use any dangerous instrument or weapon against the TSP or the Co-Passenger or harm them in anyway. 

  • No change in drop location shall be allowed once Sheru confirms the booking.

 

You shall ensure that: 

  • You report promptly on time at the pick-up location;

  • You avoid talking loudly over the phone in the Vehicle;

  • You do not use foul language in the Vehicle

  • You do not play music in the Vehicle and/or do any act which may cause any discomfort/inconvenience to Your Co Passenger(s) or the TSP;

  • You do not share Your personal information with Your Co-Passenger(s) or the TSP, and if You do so, the same is at Your own risk. 

  • You maintain decorum and refrain from indulging in heated discussions or debate(s) with Your Co-Passenger(s) or the TSP;

  • You avoid getting personal or overly friendly with Your Co-Passenger(s) or TSP.

  • You do not consume edibles (including drinking beverages) in the Vehicle; 

  • You keep Your belongings with You only. You do not utilize Your Co-Passenger’s seat for Your belongings;

  • You do not indulge in any inappropriate behavior, verbal or otherwise, with Your CoPassenger(s) or the TSP.

  • You understand that by agreeing to these T&Cs, You are entering into a binding contract with Sheru.

  • You acknowledge that every Co-Passenger Ride is an amendment/extension of the contract and not a separate contract.  

 

General Customer behaviour while using transport service through TSP

  • You shall maintain reasonable behavior while utilizing the services offered by the TSP.

  • You shall take full responsibility of Your items. In case of lost items We shall not be responsible.

  • You shall not:

  • Ask the TSP to break any traffic/transport/city police and/or government rules and any Applicable Laws for any purpose (especially for reaching the destination earlier)

  • Pressurize the TSP to overload the boot space of the Vehicle with luggage. (The Customer shall not be generally allowed to use the seating area of the Vehicle for placing any kind of luggage); and

  • Request the TSP to halt at automated teller machines (ATM), shops, etc. or any other unauthorized locations; and

  • Consume alcohol and banned substances including drugs and psychotropic substances, or smoke, or consume any toxins while in the Vehicle.

  • Sheru and its service providers reserve the right to refuse to transport persons under the influence of intoxicating liquor or drugs, or who are, or are likely to become, objectionable to other persons or if the driver feels threatened in any way.

  • Passengers shall not interfere with the operator in the discharge of his/her duty or tamper with any apparatus or appliance on the vehicle.

Use of application

  • You agree, undertake and confirm that Your use of the Application shall be strictly governed by the following binding principles: 

  • You may use the  application for lawful purposes only.

  • You shall not host, display, upload, modify, publish, transmit, update or share any information that:

  • belongs to another person and to which You do not have any right to; or that interferes with another user's use and enjoyment of the Platform/Application or any other individual's use and enjoyment of similar services; or

  • is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or unlawfully threatening or unlawfully harassing another user, the same being qualified to include behavior termed as "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986,; or

  • is misleading in any way; or

  • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or 

  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or

  • infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number)]; or

  • contains restricted or password-only access pages, or hidden pages or images (those not linked to the Application or from another accessible page); or

  • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or

  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or

  • contains video, photographs, or images of another person without his or her express written consent and permission, or the permission or the consent of his her guardian in the case of a minor; or

  • tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable codes of conduct or end user access and license agreements) to the Platform/Application or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform/ Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or 

  • engages in commercial activities and/or sales without Our prior written consent, including activities such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items. [Throughout these T&Cs, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization]; or

  • refers to any website or URL that, in Our sole opinion, contains material that is inappropriate for the Application, or contains content that would be prohibited or violates the letter or spirit of these T&Cs; or

  • harm minors in any way; or

  • is fraudulent or involve the sale of counterfeit or stolen items; or

  • violates any law for the time being in force; or

  • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or

  • exhibits the tenor of impersonating another person; or

  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal identifiable information or attempt to interfere with the proper working of the Application/Platform or any transaction being conducted on the Application/Platform; or

  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or

  • is false, inaccurate or misleading; or

  • directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law for the time being in force; or

  • creates any liability for Us or causes Us to lose (in whole or in part) the services of Our ISPs or other suppliers

  • You shall not copy, distribute or disclose any part of the application in any medium.

  • You shall not attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the application.

  • You shall not collect any personally identifiable information, including account names, from the application

  • You shall not use the Application for any commercial purposes without having all necessary rights and licenses to the Content available on the Platform/ Application. 

  • You shall not impersonate another person or otherwise misrepresent Your affiliation with a person or entity, conduct any fraudulent activity, hide or attempt to hide Your identity

  • You shall not interfere with the proper working of the application

  • You shall not probe, scan or test the vulnerability of the Platform/Application or any network connected to the Application nor breach the security or authentication measures on the Application or any network connected to the Platform/Application. 

  • You shall not access any content on the application through any technology or means other than those capabilities provided by the application

  • You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform/Application or any service offered on or through the Application.

  • You shall not use the Platform/Application or any Content for any purpose that is unlawful or prohibited by these T&Cs as well as the Applicable Law and/ or to solicit the performance of any illegal activity or other activity that infringes the rights of Sheru or others.

  • You shall not use the Services or the Platform/Application in any manner that could damage, disable, overburden, block or impair any of the servers connected to the Platform/Application. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.

  • You shall not reverse engineer, decompile and disassemble any software used to provide the Services.

  • You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or any domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation of Sheru on Our Platform, or otherwise tarnish or dilute any of Our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us.

  • Solely to enable Us to use the information so that We are not violating any rights You might have with respect to Your information, You agree to grant Us a non-exclusive, unlimited, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your information, in any media now known or not currently known, with respect to Your information. We will only use Your information in accordance with these T&Cs and Our privacy policy.

  •  You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform/Application) as necessary to satisfy the Applicable Law, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

  • We have the right at all times to disclose any information as necessary to satisfy the Applicable Law, or valid governmental request.

  • We have the right to make changes in the app without any prior intimation.

Content Posted on Application and Intellectual Property

  • All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Platform and Application is owned, controlled or licensed by or to Us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Sheru.

  • Except as expressly provided in these T&Cs, no part of the Platform/ Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.

  • You may use information on Our Services that has been made available by Us for downloading from the Platform/Application, provided You:

  • do not remove any proprietary notice language in all copies of such documents/ information; or 

  • use such information only for Your personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast it in any media; or 

  • make no modifications to any such information; or 

  • do not make any additional representations or warranties relating to such documents/ information.

  • All trademarks, brands and service marks used in connection with the Platform, Application or Services offered are owned by Sheru and is Sheru’s property. Sheru owns all copyrights and intellectual property rights and database rights in connection with the Services, Platform and the Application. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use. Third party trademarks may appear on this Application and all rights therein are reserved to the registered owners of those trademarks.

  • You agree to abide by laws pertaining to copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any Applicable Laws and for any infringements of any intellectual property rights caused by the use of the Platform/Application

 

Booking process

  • You may download the application on Your device for availing the Service and the Service shall be available only through the Application.

  • FOR SHERU EXPRESS:  For using sheru express, when you spot a sheru e-rickshaw, you can book a ride by scanning the QR code or entering the e-rickshaw number. Payment can be made either by sheru passes purchased from the sheru app or by cash.

  • FOR SHERU SOLO: for booking a solo ride, when you spot a sheru e-rickshaw, you can book a ride by scanning the QR code or when you do not have a sheru e-rickshaw nearby, the ride can be booked by entering the pickup and drop location. Payment can be made either from sheru e-wallet or by cash.

 

Payment

  • Details of the charges payable by You is available on the App. You may choose to pay for the Services by either of the following two methods:

  • Cash

  • Online/sheru e-wallet/sheru passes

  • We may offer discounts and consequent deductions in the fare charged to the Customers at Our sole discretion. 

 

Confirmation of booking

  • We shall, upon You clicking the “BOOK RIDE” icon appearing at the bottom of Your screen, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to You through the Application. 

  • Please note that You are required to check the drop point before You click the ‘BOOK RIDE’ icon and make all alterations or changes to the desired drop location before clicking the ‘BOOK RIDE’ icon. 

  • In the event the booking is confirmed from Our end, You shall check the booking details like estimated travel time (ETA), pick up place and such other details as Sheru may deem fit and if there are incorrect details, the same needs to be informed to Us immediately. 

  • You shall be responsible for immediately reporting the errors, if any, that may have occurred in the information sent to You regarding booking confirmation. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation or failure to inform Us of the incorrect details immediately.

 

Minor Pricing Policy

 

  • Children and babies should be considered regular passengers when booking. This is why they must be registered as full passengers when booking and the applicable rate will also be charged.

 

Waiting policy

 

  • The TSP shall wait only for 2.5 minutes for the Customer at the pick-up location. If the Customer does not board the

  • Vehicle within  time  then the TSP/Sheru may cancel the ride and leave the pick-up location. 

 

Cancellation and Refund policy

  • You shall not be entitled to cancel your ride after 2 min. If you cancel your ride within 2 min of starting the ride, it will be marked as a cancelled ride. Sheru shall not charge you any cancellation fee.

  • All the information related to the cancelled ride is available on the sheru app.

  • As a general rule you shall not be entitled to get refund in case of paid ride.

 

Luggage policy

 

  • While using the Service, do not carry heavy luggage like suitcase, big bags etc. with You. However, You can carry handbags, backpacks etc. which You can easily carry along with You, without taking much space or without using Your CoPassenger’s seat space.

Pet Policy

 

  • It's up to the discretion of the driver to allow the pet or animal in the vehicle, however passengers are responsible for any damage done to the vehicle and may be charged a cleaning fee for pet hair and faeces.

 
Charges

 

We don’t charge You any fees for the use of Our Services. However, in the future, We reserve the right to charge fee and change Our policies, including these T&Cs, from time to time.

 

Other businesses/Links to other sites.

 

  • This service may contain links to other sites. If you click on a third party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore we strongly advise you to review the privacy policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party sites or services.

Termination and expiry of the Account

 

  • We reserve the right to modify, terminate or suspend the Services to You at any time, without prior notice, due to any changes in Our internal policy or the Applicable Laws or any breach of these T&Cs by You, or for any reason whatsoever.


Disclaimers

 

  • Except for Our limited role in providing You e-rickshaw booking facility that You authorize or initiate, We are not involved in any underlying transaction between You, any other Customer, TSPs and/or other third party. We are not a selling agent in relation to any sale of goods or services to You by any TSP or any other third party. We shall not be liable for the quality, safety, reliability, legality, delivery or any other aspect of any service that You may avail using the Platform/Application. Your use of the Service is at Your sole risk. The Service is provided on an "as is" and "as available" basis. We do not guarantee and do not promise any specific results from use of the Application and/or the Services, including the ability to avail the Services at any particular location or time. We disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Platform, Application or Services. Without prejudice to the forgoing paragraph,We do not warrant that:

  • The Platform/Application will be constantly available, or available at all;

  •  The information on the application is complete, true, accurate or non misleading; 

  • Any defects in the Platform/ Application will be corrected; The Platform, Application; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Application; their servers; or electronic communication sent from Us are free of viruses or other harmful components

  • Content on the Platform/Application constitutes, or is meant to constitute, advice of any kind.

  • Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Platform/Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Platform/Application.

  • Sheru shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of cab service offered by TSP or due to the failure of TSP to provide services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Sheru or any person or any organization involved in the above mentioned systems, including any delay in providing the transportation services. 

  • You acknowledge that while Sheru employs certain quality control measures, Sheru does not, and cannot exercise control over the quality or safety of the transportation that is made use of by You from the TSPs, using the Services.

  • Sheru will not be liable for any damages of any kind arising from the use of the service offered by the TSP including, but not limited to direct, indirect, incidental, punitive,and consequential damages.

  • Sheru will take all reasonable measures to ensure that TSP should fulfill his duty properly, but there may be exceptions and if any Customer misses the train or flight or bus or suffers any loss due to any act or omission by the TSP, Sheru will not be held liable for any such compensation. The Customer is advised to make alternate arrangements in case the Vehicle has not reached his/her location due to any reason.

  • The Ride services, and any claim resulting from the same, while requested through the Application, remains the responsibility of TSPs, and Sheru shall not be liable for any conduct of the TSPs. Sheru encourages You to notify any complaints that You may have against any TSP that You may have hired using the Platform/ Application.

  • Sheru is not responsible for the conduct, whether online or offline, of any other user of the Application or Services. You are solely responsible for Your interactions with other users, whether TSPs or Co-Passengers. By using the Application and the Services, You agree to accept such risks and acknowledge that Sheru is not responsible for the acts or omissions of other users.

  • All the Vehicles registered with Sheru Platform are continuously tracked using GPS for security reasons only. It is expressly made clear to You hereby that Sheru does not own any e-rickshaws nor does it directly or indirectly employ any of the TSPs for the cabs. Sheru disclaims any and all liability in respect of the TSPs and the e-rickshaws alike

  • The location data made available on the Application is basic in nature, and meant to provide guidance to TSPs only. You acknowledge that it is not intended to be relied upon in situations where precise location information is required, or where erroneous, inaccurate or incomplete data may lead to death, personal injury, property or environmental damage. Sheru does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed.

  • We do not authorize anyone to make a warranty on Our behalf and You may not rely on any statement of warranty as a warranty by Us.

  • Sheru, its affiliates, and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, costs (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Platform/Application, or Your reliance upon the Service or the information contained in the Application (whether arising from Sheru or any other person's negligence or otherwise).

 

Privacy and Security

 

  • We will take every reasonable effort not to share any of ride details, registration data or other personal information you provide  us, except as required under any applicable law. We will bear no liability for the consequences in any event where Your Personal Information has been willingly or inadvertently shared by You with any third party.

  • You hereby expressly consent to receive communications from Us through Your registered phone number and/or Email ID. You consent to be contacted by Us via phone calls and/or SMS notifications. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry. 

  • You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account and the Platform/Application, whether initiated by You or any third party. The password and other details of the Account should not be shared with any third party. Your Account is non-transferable and is not capable of being transferred/ sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.

  • It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform/Application and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain Personal Information about You on the public forum due to Your use of the Platform/Application, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Platform/Application You acknowledge and agree that We shall not be responsible for the use of any Personal Information that You publicly disclose or share with others on the Platform/Application. Please carefully select the type of information that You publicly disclose or share with others on the Platform/Application, or from the Platform/Application on other social platforms (including Facebook etc).

 

Notice and Communication

 

  • Any notice or notification in relation to these T&Cs which You wish to make to Us must be made in writing to:

  • Attn: Team Sheru

  • Address: 201, AGGARWAL PLAZA PLOT NO-6 LSC, CU BLOCK PITAMPURA DELHI North Delhi DL 110034 IN

  • E-mail: support@sheru.se

  • All Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support.

  • You will be subject to Our T&Cs and privacy policy.


Indemnity and Limitation of Liability

 

  • You will defend, indemnify and hold harmless Sheru, and each of its affiliates (and its respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: the use or misuse of Services, Platform, Application or any violation of these T&Cs

  • For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity

  • YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL SHERU BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE T&Cs, INCLUDING LOST PROFITS, ONWARD JOURNEY, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Force Majeure

  • We shall not be liable for any failure to perform any obligations under this T&Cs, if the performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.

  • For the Purpose of this clause “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Sheru.

Waiver

 

  • Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or T&Cs should be filed within 1 month from when the cause of action arose. Any claims filed beyond this time period shall be barred.

 

Revision of T&Cs

  • We reserve the right to change any of the T&Cs or any policies or guidelines governing the Platform, Application or Services, at any time and at Our sole discretion. 

  •  Revised T&Cs will take effect automatically and be binding from the day they are posted on the application. By continuing to access or use the Services, You will be deemed to have agreed to accept and be bound by 18 such revised T&Cs. If You do not agree to the revised T&Cs, You should discontinue accessing Our Platform/Application or using Our Services immediately.

  • We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these T&Cs, at any time without any prior written notice to You. It is Your responsibility to review these T&Cs periodically for updates/ changes. Your continued use of the Application following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these T&Cs, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Application.

Customer Grievance Redressal Policy

 

  • If You are not satisfied with the quality of Service(s) offered or have any other complaints or grievance, please contact Our customer care at: support@sheru.se. Please give the time of at least 2 working days to gather data and efficiently address your concerns.

 

Severability

 

  • If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.

 

Referral Policy

 

  • Everyone with a Sheru account has a personal invite code that you can share with friends interested in creating a rider account.

  • You'll receive rewards when New riders enter your invite code before requesting their first trip.

  • You are only eligible for one referral reward per individual. If your referral has already signed up to ride before, you may not be eligible for a reward.

  • Referral incentive will be credited to your account only when the person referred by you takes the first ride.

  • Way to find and share your invite code:Tap "SHARE & EARN" in  your app. You will see your QR code on the screen which can be scanned by the person you intend to refer or you can share your invite code by tapping on  “SHARE” at the bottom of the screen. The reward will be  received when they take their first ride.

  • If you haven't received payment for a rider referral, the rider may not have entered your code when signing up or hasn't taken their first ride. You're welcome to remind and encourage them.


DRIVERS T&C

 

Definitions

 

  • “Account” refers to the account created by the driver on the Platform.

  • “Application” shall mean the mobile application “SHERU USTAAD” as may be updated by Sheru from time to time.

  • “Device” shall mean the mobile phone either owned by the driver or provided by Sheru.

  • “Driver/Sheru Ustaad/The Service Provider(TSP)” shall mean thE person providing services to the customers.

  • “Passenger(s)/Rider” shall mean and include such Customer(s) to whom the transport services will be provided.

  • “Sheru/We/Our/Us”  shall mean Seygnux Solutions Private Limited, a company registered under the Companies Act, 2013 and having its registered office at 201, AGGARWAL PLAZA PLOT NO-6 LSC, CU BLOCK PITAMPURA DELHI North Delhi DL 110034 IN.

  • “Ride” shall mean the travel in the Vehicle by the Customer from the pick-up point to the drop-off point, facilitated through the Application.

  • “Services” shall mean the facilitation of transportation service by TSPs through the Application, within the City of Operation, in the manner set out in these T&Cs.

  • “Vehicle” shall mean an E-Rickshaw.

Device Related

 

  • The device may be either provided by sheru or the Transport Service Provider may bring his own device.

  • Device shall be switched on during the performance of the Service without any exceptions.

  • Sheru shall also instruct the Transport Service Provider in the use  of the Service Provider App and Portal, if required.

  •  If the Device is stolen, the Transport Service Provider shall ensure that the Service Provider App and his Account is immediately blocked, suspended or deactivated.

  • The Transport Service Provider shall not use the Device for any illegal or unlawful purposes.

  • The Transport Service Provider shall ensure that the sheru device(s) is maintained in his possession in a proper manner. Sheru may, at its sole discretion, charge such amounts as may be determined by sheru.

  •  Upon termination of this Agreement or deactivation of your Account, the Transport Service Provider shall immediately return the sheru device(s) and in any event not later than 24 hours from the date of such termination or deactivation.

  • The Transport Service Provider shall be responsible for the safety and security of the sheru device(s).

  • The Transport Service Provider shall use the sheru device(s) with due care and caution.

  •  Sheru shall be entitled to call upon the Transport Service Provider for review and inspection of the sheru device(s). 

Representations and Warranties

 

  • Transport Service Provider is the registered owner or the lessee of the Vehicle.

  • Transport Service Provider has all requisite power and authority to deliver and perform the obligations imposed.

  • Transport Service Provider has not been convicted by any court in India for any cognizable offence or an offence punishable with imprisonment, under the laws of India. 

 

Payment Terms

 

  • The payment to the TSP will be made as per the time committed to the TSP at the time of request by the TSP.

  • Mode of payment shall be at the sole discretion of the company.

  • Any damages due to delays or hidden charges shall be borne by the company as per interest rate qualified by the company with mutual agreement with the TSP as per fair market value.

 

Confidentiality

 

  • The Transport Service Provider will have access to confidential information of sheru which has been provided by sheru. The Transport Service Provider undertakes to keep confidential all data and other confidential information of sheru and shall not sell or otherwise make that information available to any third party or competitor.

  •  In the event,  Sheru becomes aware that the Confidential Information has been disclosed to a Competitor or has been used for the benefit/interest of the Competitor, Sheru can claim damages as it may suffer due to such losses.

 

License and Proprietary Rights

 

  • Sheru hereby grants the Transport Service Provider, limited license to the Service Provider App on the Portal of sheru solely for the purpose of providing Transport Services to the Portal users and also for settlement of Fees between sheru and Transport Service Provider.

  •  The Transport Service Provider agrees that it shall not reproduce, transcribe or make any copies of the sheru Intellectual Property, in any form or manner and not copy or reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of any such sheru Intellectual Property.

 

Indemnification

 

  • The Transport Service Provider agrees and undertake to indemnify and hold harmless sheru from and against any losses, damages, liability, claims, costs, penalties and expenses incurred by reason of (i) any breach or alleged breach by the Transport Service Provider of the Transport Service Provider’s obligations, responsibilities, representations, or warranties under T&C; (ii) any infringement or unauthorized use of intellectual property rights of sheru (iii) any breach of the confidentiality obligations (iv) any violation of the applicable law, applicable license and permit terms of the transport authorities; (v) any violation of sheru policies by the Transport Service Provider; (vi) any harm to the reputation and goodwill of sheru directly attributable to the Transport Service Provider; (v) damage, unauthorized use or loss of the Service Provider App in the Device; (vii) death, fraud, theft, misconduct, negligence or deficiency of Transport Services by the Transport Service Provider (viii) civil or criminal offense under law or in the opinion of sheru.

  • The Transport Service Provider shall be liable to indemnify and hold sheru harmless against all damages, losses, costs and expenses incurred by sheru as a consequence of any complaint from any user of the Portals received by sheru with respect to deficient Transport Services. 


Specific Indemnity

  • The Driver shall be solely liable for any and all accidents/incidents involving the Vehicle, while providing the Services. Sheru shall not be held liable for any such accidents/ incidents involving the Driver’s Vehicle.

  •  All expenses pertaining to the Vehicle, such as maintenance expenditures, penalty for violation of traffic rules, etc. shall be borne solely by the Driver, and sheru shall not be held liable or responsible for the same.

 

Term and Termination

 

  • This Agreement shall be valid for a tenure of work assignment and shall be renewed automatically, unless otherwise agreed between the Parties

  • The Parties to this Agreement shall be entitled to terminate this Agreement with a prior written notice of 7 business days to the other party.

  • Sheru shall be entitled to terminate this Agreement immediately for breach of any terms in this Agreement by the Transport Service Provider.

  • Upon termination of this Agreement, the registration of the Transport Service Provider with sheru shall stand cancelled and the Account shall be terminated and the Transport Service Provider shall not be eligible to ply his Vehicle(s) on the Service Provider App on Sheru Portal

Relationship Between Parties

 

  • Transport Service Provider shall operate as and have the status of an independent contractor and shall not act as, be or construed to be an agent or employee of sheru. No employee and employer relationship. Therefore, the Transport Service Provider will not be entitled to any employee benefits, statutory or otherwise, offered by sheru to its employees.

  • The Transport Service Provider cannot assume or create any obligation or responsibility, express or implied, on behalf of or in the name of Sheru.

 

General Behaviour while providing services

 

  • TSP shall not break the traffic rules under any circumstances. 

  • TSP shall reach the pickup location within the prescribed time limits.

  • TSP shall not deviate from the routes on customers demand. If the TSP deviates from the fixed route/prescribed route, he shall be solely responsible for his actions.

  • TSP shall not misbehave with the rider under any circumstances.

  • TSP shall ensure proper vehicle fitness and safety of the rider during the course of his/her service.

  • TSP shall be responsible for maintenance of the brand collaterals provided by sheru. TSP shall be liable to pay for damages to the brand collaterals.

  • TSP shall not use foul language during the course of his service.

  • TSP shall not indulge in any act which may cause any discomfort/inconvenience to the rider. 

  • TSP shall maintain decorum and refrain from indulging in heated discussions or debates with the riders.

  • TSP shall avoid getting personal or overly friendly with riders.

  • TSP shall not indulge in any inappropriate behavior, verbal or otherwise, with the rider.

  • TSP shall not be  under the influence of intoxicating liquor or drugs while providing services to the rider.

 

Referral Policy

 

  • Referral incentive of Rs.20 will be credited to the TSP only when the rider has not been referred by anyone else or rider has not used any other invite code.