Terms and Conditions

1. GENERAL CONDITION OF USE

1.1 Scope and Definitions

These General Conditions of Use apply to all services provided by FreeRide (defined herein below). FreeRide owns and operates the App/Site (defined herein below) in India.          

Defined Terms

“Vehicle Sharing” means the sharing of a Vehicle for a Ride by a Vehicle Owner carrying a Co-Traveller for that Ride free of charge.

“Conditions” mean these General Conditions of Use, including the Good Conduct Charter and Privacy Policy of FreeRide as notified on the Site/App.

“Co-Traveller” or “Passenger” means a Member who has accepted an offer to be transported by a Vehicle Owner and includes all other persons who accompany such Member in the Vehicle for the Ride.

 “Vehicle Owner” or “Driver” means a Member who through the App offers to share a Vehicle journey with a Co-Traveller free of Cost.

 “Member” refers to a registered user of the App.

 “Service” refers to any service provided by FreeRide through the App to any Member.

“Site” means www.freeride.co.in , and any other website maintained or operated by FreeRide which offers similar services including any microsites or sub-sites offered through any such website.

“App” means the FreeRide App available on Android platform.

“Ride” means a given journey in relation to which a Vehicle Owner and a Co-Traveler have agreed through the App.

“User Account” means an account with the App opened by a Member and used in order to access the Service provided by FreeRide through the App.

“Vehicle” means the vehicle offered by an Owner for Sharing.




1.2 Acceptance of Conditions

The Conditions apply to any and all use of the App by a Member. By using the App, the Members signify their acceptance to these Conditions in full and agree to be bound by them.

No access to the Services will be permitted unless the Conditions are accepted in full. No Member is entitled to accept part only of the Conditions. If a Member does not agree to the Conditions, such Member may not use the Services.

All Members agree to comply with the Conditions and accept that their personal data may be processed in accordance with the Privacy Policy.

In the event that any Member fails to comply with any of the Conditions, FreeRide reserves the right, but not the obligation at its own discretion, to withdraw the User Account in question and suspend or withdraw all Services to that Member without notice.




1.3 Variation of the Conditions, App and Service

FreeRide reserves the right to modify the Conditions at any time. In addition, FreeRide may vary or amend the Services provided through the App, the App functionality and/ or the “look and feel” of the App at any time without notice and without liability to Members.

Any modification to the App, Services or Conditions will take effect as soon as such changes are published on the App, subject to communication of any material change to the Conditions to the Members in an e-mail.

Members will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the App following publication of the varied Conditions.


2. USE OF THE SERVICE

2.1 User Account and Accuracy of Information

In order to use the Services each Member must create a User Account and agrees to provide any personal information requested by FreeRide. In particular, Members will be required to provide their first name, last name, age, title, valid telephone number and email address.

Members agree and accept that all of the information they provide to FreeRide when setting up their User Account and at any other time shall be true, correct, complete and accurate in all respects. Members also agree that any information supplied to FreeRide or posted on the App in connection with any Ride, Vehicle or Car Sharing will be true, accurate and complete.

Members agree and understand that FreeRide does not undertake any verification to confirm the accuracy of any information provided by the Members on the App or to a Vehicle Owner or Co-Traveler, as the case maybe. FreeRide will not be liable to any Member in the event that any information provided by another Member is false, incomplete, inaccurate, misleading or fraudulent.

Unless expressly agreed by FreeRide, Members are limited to one User Account per Member. No User Account may be created on behalf of or in order to impersonate another person.




2.2 No Commercial Activity and Status of FreeRide

The App and the Services are strictly limited to providing a Service for Vehicle Owners and Co-Travelers to Vehicle share in a private capacity. The Services may not be used to offer or accept Vehicle 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 Vehicle sharing free of any cost.

Vehicle Owners agree not to obtain any hire or reward or make profit in any form, from any Ride. The Vehicle Owner is not entitled to make profit by virtue of the amount of the types of Rides offered by a Vehicle Owner, the frequency of such Rides or the number of Co-Travelers transported. This applies to all activities, arrangements and Services using the App and any additional services or activities which may be agreed between Vehicle Owner and Co-Traveler through the App/or other means.

All Rides, collection points and destinations must be pre-agreed through the App between the Vehicle Owner and Co-Traveler. Vehicle Owners may not collect any Co-Travelers from any location which has not been pre-agreed with the Co-Traveler through the App.

Members are reminded that using the Services and offering Rides for hire or reward or in a commercial or professional capacity may invalidate a Vehicle Owner’s insurance and invite adverse legal actions by the road transport authorities. FreeRide 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 Vehicle Owner (in breach of these terms) offers Services through the App in a professional or commercial capacity (thereby potentially invalidating their insurance) and breach of any agreement between the Vehicle Owner and the Co-Traveler. Any offering of Rides in violation of the Conditions shall be at the sole risk such Member and FreeRide shall have no liability towards Members for such violations.                 

 Status of FreeRide

Neither FreeRide nor the App provides any transport services. The App is a communications platform for Members to connect with one another. FreeRide does not interfere with Rides, destinations or timings. The agreement for Vehicle sharing is between the Vehicle Owner and the Co-Traveler. FreeRide is not a party to any agreement, nor is FreeRide liable in respect of any matter arising which relates to a booking between Members. FreeRide is not and will not act as an agent for any Member.

Any breach of these Conditions will give rise to immediate suspension of such Member’s User Account and they may be restricted from accessing any further Services.




2.3 Types of Booking and Payment

FreeRide offers a free service which allows Members to contact each other to arrange a Vehicle share.

FreeRide’s Service is free of charge. The Co-Traveler will contact the Vehicle Owner directly to arrange a Vehicle share and any conditions of travel (including size of luggage, whether smoking is permitted, whether pets are permitted, whether music can be played etc). Members accept that given the nature of the service and the fact that it is free of charge Vehicle Owners and Co-Travelers will have no recourse to FreeRide for any aspect of the transaction including in relation to cancellation, last minute changes, failure by the Vehicle Owner or the Co-Traveler to turn up.

FreeRide will not contact either party and will take no steps whatsoever to manage the booking. The operation of the Ride is solely managed by the respective Vehicle Owner and Co-Traveler(s).

Please note that FreeRide reserves the right to change any aspect of the App or the Service which may include adding new services (which may require payment) or withdrawing any existing Services. FreeRide does not guarantee that the App will be functional at all times and Services may be suspended during such period when the App is not in operation. FreeRide will not be liable to any of the Members in case where the App is non-operational.




2.4 Vehicle Owner and Co-Traveler Obligations

Vehicle Owner's obligations

The Vehicle Owner agrees:

That the Ride shall not be for any fraudulent, unlawful or criminal activity.

That they will procure for the Vehicle, a comprehensive insurance policy, which provides insurance cover to the occupants in the Vehicle and covers third party liability.

That they will present themselves on time and at the place agreed with the specified Vehicle;

That they will immediately inform all Co-Travelers of any change whatsoever to the Ride. If one or more Co-Travelers have made a booking and the Vehicle Owner decides to change any aspect of the Ride, the Vehicle Owner undertakes to contact all Co-Travelers who have made a booking in relation to that Ride and to obtain the agreement of all Co-Travelers to the change. If a Co-Traveler refuses the change, the Vehicle Owner can take the action deemed fit to him/her.

The Vehicle Owner must comply with the Good Conduct Charter at all times.  


 Co-Traveler obligations

The Co-Traveler agrees:

That the Ride shall not be for any fraudulent, unlawful or criminal activity.

That they will present themselves on time and at the place agreed with the Vehicle Owner;

That they will immediately inform the Vehicle Owner if they are required to cancel a Ride.

That they will comply with the Good Conduct Charter at all times.

The Co-Traveler agrees to wait at the pickup point for at least 10 minutes after the agreed time for the Vehicle Owner to arrive.

If the Co-Traveler or Vehicle Owner fail to comply with any of these terms or any other Conditions FreeRide reserves the right to keep information relating to the breach, to publish or disclose this information on the Member’s online profile and to suspend or withdraw the Member’s access to the App.

That they shall ensure that all other persons who accompany the Co-Traveler in the Ride comply with these Conditions as applicable to a Co-Traveler.




2.5 Insurance



The Vehicle Owner agrees and undertakes to take out and maintain a comprehensive insurance to cover third party liability, the occupants of the Vehicle and the Ride offered or booked through the App. The Vehicle Owner agrees that they will, on request, provide the Co-Traveler with evidence, in advance of the Ride, of the complete validity of its insurance policy. The Vehicle Owner also undertakes to hold a valid driving license and that the Vehicle Owner will own or will be entitled to use the Vehicle and that the Vehicle will have a valid PUC (Pollution Under Control) certificate and the Co-Traveler is entitled to request evidence of the Vehicle Owner’s insurance, registration certificate (‘log book’), driving licence and PUC certificate at any time up to completion of the Ride.

It is FreeRide’s understanding that governmental authorities take the view that a Co-Traveler is treated as travelling without hire or reward to the driver, and is therefore a third party passenger who is covered by comprehensive third party insurance policy in India. However FreeRide gives no warranty or assurance in this regard and it is the Vehicle Owner’s responsibility to verify that their insurance provides adequate cover.

It is up to each Vehicle Owner and Co-Traveler to confirm with each other that the Vehicle Owner is covered by valid insurance. The Vehicle Owner must confirm that their insurance policy allows them to carry Co-Travelers and that their insurance policy covers all Co-Travelers and any accident or incident which may occur during a Ride.

The Vehicle Owner and the Co-Traveler are aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Vehicle Owner had made or was seeking to make a profit.

The Vehicle Owner may collect no payment from the Co-Traveler and the Vehicle Owner must not in any event provide Vehicle on hire or for reward in any form.

If the Vehicle Owner does receive any hiring charges or reward, or if the insurers repudiate or refuse to accept any claim arising during a Ride for any other reason, the Vehicle Owner will be responsible for the financial consequences, losses and damages arising and FreeRide will not be liable under any circumstances to the Vehicle Owner or the Co-Traveler.

FreeRide reserves the right, but not the obligation at its own discretion, to suspend immediately the account of a user and to make aware to competent authorities any professional activity.




2.6 Management of Disputes Between Members

FreeRide may at its sole discretion provide its Members with an online service for resolving disputes. This service is non-binding. FreeRide is under no obligation to seek to resolve disputes and this service is offered at FreeRide’s sole discretion and may be withdrawn at any time.




2.7 Verification of IDs and Phone number

By accepting the terms and conditions contained herein, every Member or any person who wishes to register as a Member hereby agrees and consents to the fact that FreeRide may collect IDs / documents belonging to them including but not limited to passport, PAN card and AADHAR card for the purpose of verification of the information contained in such IDs / documents by third party service providers.

In order to increase trustworthiness, prevent typos and wrong numbers, Member may verify their mobile number. The Member may do this by providing FreeRide with their mobile phone number, after which the Member will receive a SMS with a 4-digit code which can be validated on the App. This service is free of charge, except for the possible cost levied by a Member’s mobile phone operator for receiving the SMS.




2.8 Contacting Members

By accepting the terms and conditions contained herein, every Member hereby agrees and gives consent to FreeRide to communicate via phone calls, sms, email and such other means as FreeRide may deem fit. Such communications to Members may be recorded through technical support provided by third parties for the purpose of training, quality and for regularly updating the Members about the services of FreeRide.


3. DISCLAIMER OF LIABILITY

3.1 Members may access the Services on the App at their own risk and using their best and prudent judgment before entering into any arrangements with other Members through the App. FreeRide will neither be liable nor responsible for any actions or inactions of Members nor any breach of conditions, representations or warranties by the Members. FreeRide hereby expressly disclaims and any and all responsibility and liability in arising out of the use of the App.

3.2 FreeRide expressly disclaims any warranties or representations (express or implied) in respect of Rides, accuracy, reliability and completeness of information provided by Members, or the content (including details of the Ride) on the App. While FreeRide will take precautions to avoid inaccuracies in content of the App, all content and information, are provided on an as is where is basis, without warranty of any kind. FreeRide does not implicitly or explicitly support or endorse any of the Members availing Services from the App.

3.3 FreeRide is not a party to any agreement between a Vehicle Owner and Co-Traveler and will not be liable to either the Vehicle Owner or the Co-Traveler including the loss or damage incurred arises due to FreeRide’s negligence.

3.4 FreeRide shall not be liable for any loss or damage arising as a result of:

A false, misleading, inaccurate or incomplete information being provided by a Member;

The cancellation of a Ride by a Vehicle Owner or Co-Traveler;

Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Vehicle Owner or Co-Traveler before, during or after a Ride.

FreeRide 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, lost of anticipated savings or lost opportunity arising as a result of the services provided by FreeRide (whether suffered or incurred as a result of the FreeRide’s negligence or otherwise).

Given that Vehicle Owners are required to hold valid insurance to cover a Ride and given that FreeRide’s service is limited to putting Vehicle Owners and Co-Travelers in touch with each other and cannot oversee any Ride, Members accept that the limitations on the FreeRide’s liability set out above are reasonable.


4. INDEMNITY AND RELEASE

4.1 Members will indemnify and hold harmless FreeRide, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

4.2 Members release FreeRide and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Members and specifically waiver any claims or demands that they may have in this behalf under any statute, contract or otherwise.


5. GENERAL TERMS

5.1 Relationship

No arrangement between the Members and FreeRide shall constitute or be deemed to constitute an agency, partnership, joint venture or the like between the Members and FreeRide.




5.2 Suspension or Withdrawal of App Access

In the event of non-compliance on your part with all or some of the Conditions, you acknowledge and accept that FreeRide can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or your access to the App (including in particular your User Account).




5.3 Intellectual Property

The format and content included on the App and Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FreeRide, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws.

All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to FreeRide) which appear on the App/Site.

The App and Site or any portion of the App and Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of FreeRide. No person is entitled to systematically extract and/or re-utilise parts of the contents of the App and Site without the express written consent of FreeRide. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this App is strictly prohibited.




5.4 Content of the App Provided by the Members

By displaying content on this App, Members expressly grant a license to FreeRide to display the content and to use it for any of our other business purposes.

Members of this App are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content which is contrary to FreeRide’s policy and FreeRide does not accept liability in respect of such content, and the Member responsible will be personally liable for any damages or other liability arising and agrees to indemnify FreeRide in relation to any liability it may suffer as a result of any such content. However as soon as FreeRide becomes aware of infringing content, FreeRide shall do everything it can to remove such content from the App as soon as possible.




5.5 Partner App/Sites

FreeRide reserves the right to reproduce any information that appears on the App/Site or on the partner App/sites.

In particular, ads published on one of the App/sites maintained or co-maintained by FreeRide may be reproduced on other App/sites maintained or co-maintained by FreeRide or third parties.


 6. LAW AND JURISDICTION

The decision of FreeRide and/or its founder in event of any dispute will be final and binding to all the users of the FreeRide App and cannot be challenged in any Court of Law.