August 15, 2015
THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH SHAREACAR A PRODUCT OF TRIUMPH CARPOOL SOLUTIONS PVT. LTD. OFFERS YOU ACCESS TO THE SHAREACAR PLATFORM.
These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and ShareACar (“ShareACar,” “we,” “us” or “our”), governing your use of the ShareACar application, website, and technology platform (collectively, the “ShareACar Platform”).
The ShareACar Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access the ShareACar Platform. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform shall be referred to collectively as the “Services”.
SHAREACAR DOES NOT PROVIDE TRANSPORTATION SERVICES, AND IT IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE SHAREACAR PLATFORM, AND IT IS UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE SHAREACAR PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH THE SHAREACAR PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH TRANSPORTATION SERVICE PROVIDED BY A DRIVER TO A RIDER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS. ShareACar is not liable for any damages incurred to any party or any vehicle or any person involved in an unfortunate case of a mishap in any way.
By creating your User account and using the ShareACar Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SHAREACAR PLATFORM OR THE SERVICES.
Modification to the Agreement
We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the ShareACar Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the ShareACar Platform or the Services.
The ShareACar Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the ShareACar Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. As a driver, you accept that you hold a valid driving license and possess all documents for the vehicle you are driving and while driving you must be medically fit to drive.
The relevant regulation in India is the Motor Vehicles Act, 1988 (MVA). The MVA does not include provisions disallowing car ridesharing. The MVA regulates Contract Carriages and Public Service Vehicles which carry passengers for ‘hire and reward’. The definition of Contract Carriages and Public Service Vehicles excludes ‘a private car which is only used occasionally for the giving of lifts against some payment’. Such private car providing occasional lifts against a payment which sets off the cost of a trip is not a vehicle in which passengers are carried for ‘hire or reward’.
Although SHAREACAR services involve facilitation of car sharing, SHAREACAR does not encourage car-owners to make a profit or earn rewards through any other charges. SHAREACAR SETS A CEILING price PER KM for every journey, ensuring that car owners do not receive reimbursement exceeding running costs. Therefore, private car owners do not require a permit for ridesharing in India (as long as the private car owner does not operate for ‘hire or reward’). Please note that different interpretations to the MVA may apply for each state and we encourage you to take independent legal advice before proceeding.
As a Rider, you agree that any amounts charged following a ride (a “Charge”) are mandatory and due and payable immediately upon completion of the ride. Charges include Ride Fees and other applicable fees, surcharges, etc. ShareACar has the authority and reserves the right to determine and modify pricing by posting applicable Charges on its website from time to time. You are responsible for reviewing the applicable ShareACar Website and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Convenience fee. ShareACar charges a convenience fee (inclusive of service tax) of 10% to both riders and drivers for enabling a shared ride. This will be applicable on the total ride fee. ShareACar retains the right to change the quantum of this amount from time to time without informing the users.
Ride Fees. Ride Fees consist of a base price per km as set by the driver over the minimum base price for the first four kilometres. For example, a rider asks a driver charging 6 Rs/km for a 15 kms ride fees is base fare for 4 kilometres plus Rs 6 per kilometre for next 11 kilometres. ShareACar reserves the right to fix the minimum base fare.
Total fees that the rider incurs = convenience fee + ride fee, while the driver takes in ride fee – convenience fee.
Other Charges. The driver is liable to pay all other charges such as toll, any penalty for not adhering to traffic rules levied by local traffic police, any repairing cost incurred while the journey is on, etc.
Facilitation of Payments. All Charges are facilitated through a third-party payment processing. ShareACar may replace its third-party payment processing services without notice to you. Charges shall only be made through the ShareACar Platform. Cash payments are strictly prohibited.
No Refunds. Charges are assessed immediately following completion of the ride to your authorized payment method. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the ShareACar Platform, any disruption to the ShareACar Platform or Services, or any other reason whatsoever.
Promotions. ShareACar, at its sole discretion, may make available promotions with different features to any of our Riders or prospective Riders. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with ShareACar.
1. ShareACar can terminate the contract with users on any incident involving indecency, misbehaviour, or causing physical harm to your co passengers. Such incidents will also be reported to local authorities.
2. ShareACar can terminate contract with any user on repeated no show or late show or cancellation of a rides once accepted
3. ShareACar reserves the right to terminate the contract with any driver if he/she is found guilty of not adhering to traffic rules on a case to case basis.
4. ShareACar can terminate the contract with a rider if found guilty of causing damage to the driver’s car.
5. The users must not possess any weapons with them which will cause immediate termination of the contract.