Spantad Solutions (P) Ltd, a private limited company incorporated under the laws of India and having its registered office at 112, “Ashirwad”, 3rd main, 3rd cross, BEML Layout, India 560079, is the sole owner of the website www.Letsdrivealong.com (“Website”, which expression shall include any versions of the Website designed for use on mobile phones and other devices) and associated domain names, trademarks and mobile applications.
The Company makes available certain services (“Services”) via the Website which enable a user like you to car-pool and thereby save costs of commute to yourself, your co-commuters and also contribute to lessening pollution and traffic congestion.
These Terms of Service (“terms”) constitute a binding contract between Company and you when you click on the “Accept” (or equivalent button) at the end of these Terms.
Please note that by clicking the “Accept” (or equivalent button) button you are deemed to have consented that you have read and understood these Terms carefully before accessing or using the Website.
If you do not agree to these Terms you must click the “No” (or equivalent button) button; in any event you must not click the ‘Accept’ button if you do not agree to these Terms.
Without prejudice to any other specific requirement which may be laid out in these Terms, your use of the Services and specifically, your acceptance of these Terms as aforesaid shall be deemed to be a representation from you that you are above 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Headings of clauses are only for convenience and are not intended to be used to interpret the contents thereunder. Please read these Terms fully.
1.1. By using, accessing, availing or visiting (“Using”) Website or availing of any of the Services (including software, products, content, and data feeds) available thereon or therefrom you hereby give your unconditional consent to:
(1) These Terms.
(3) Any other notice, disclaimer, policy, or term of use, by whatever name called, which may be applicable to the use of the Services from time to time.
2.1. These Terms may be amended at any time by the Company. All such amendments shall be binding on you from 24 hours after the amended Terms are made available on the Website. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services with no liability to the Company.
2.2. Although the Company may attempt to notify you when major changes are made to these Terms, it shall be solely your responsibility to read and understand the most up-to-date version of the Terms on the Website. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
3.1. In order to Use some or all of the Services, you may be required to register on the Website and create an account. You hereby represent and warrant that any information you provide for the aforesaid purpose is correct and complete in all material respects. You shall be solely responsible to keep such information updated from time to time.
3.2. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Company immediately of any breach of security or unauthorized use of your account. The Company hereby disclaims any responsibility for Use of the Services by any other person through your account, irrespective of whether or not you permitted such use.
3.4. The Company shall not be liable for any loss, damage, injury or any liability, whether in tort, contract or other theory of liability, resulting from any unauthorized use of your account. However, you shall always be liable for the losses of Company or others due to such unauthorized use.
3.5. Subject to successful registration and your continued adherence to these Terms and any other terms and conditions prescribed from time to time, Company shall permit you to access the Website and Use the Services.
3.6. Except as expressly provided herein, Company does not grant any express or implied permission to use the Services. In addition to the restrictions specified in these Terms, you shall also comply with any special terms and conditions in respect of any specific Service.
3.7. Without prejudice to its other rights and remedies, the Company may indefinitely suspend or immediately terminate this contract with you and stop you from using the Services if it is discovered that the details you gave at the time of registration are materially inaccurate or false, or if you fail to keep such details updated from time to time.
3.8. Company reserves the right to discontinue any aspect of the Services at any time.
4.2. Any personal information including your name, age, gender, place of work and residential address which you provide at the time of registration shall be kept confidential by the Company and used only for the purpose of providing the Services. You hereby give your consent to the Company for such use.
4.3. The Company shall not sell, rent, or otherwise commercially use the personal information except as may be necessary to provide the Services.
4.4. You may update or delete your personal information any time, provided that if the updated information is inaccurate or false, or if the personal information is deleted, the Company may not be able to provide the Services to you.
4.5. You may opt to withdraw the consent for the Company to use your personal information as aforesaid. In that event the Company shall be unable to provide the Services and you hereby waive any claims, demands or objections you may have in that regard.
4.6. In the event of any complaints regarding the use of your personal information, you may email firstname.lastname@example.org.
4.7. Notwithstanding anything to the contrary herein, if you disclose or share personal information on the Website or otherwise with any Users or third parties that the Company does not require you to provide as part of the registration process, you shall be solely responsible for the consequences.
5.1. The Services facilitate you to car-pool with other Users of your choice. Please note that the Company does not promise you that your commute or trip will happen successfully and as per your requirements. It is solely your responsibility to ensure that the trip is commenced and completed as per the commitments you and your co-Users make.
5.2. You hereby represent and warrant that you shall make use of the Services as a prudent, reasonable and law-abiding citizen.
5.3. The Services give you freedom of choice at various levels. You shall be solely responsible for the choices you make, including the choice of other Users as your car-pool partners.
5.4. The Services may impose certain reasonable conditions from time to time, including the condition that you shall be the driver for a certain distance in order to be eligible to be a passenger for a certain distance. You shall abide by all such conditions faithfully. If you do not wish to accept any such condition, your only right is to terminate these Terms for convenience and stop using the Services.
5.5. The Company may, in its sole discretion, and upon receiving any complaints about you from other Users, suspend your use of the Services or terminate your contract under these Terms.
5.6. The Company shall not be responsible for any delay or failure resulting from infrastructure issues, like server uptime, network availability and connectivity.
5.7. You agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Services.
5.8. You shall not Use the Services to defame, harass, abuse, threaten or defraud others, or collect or threaten to collect personal information about other Users, or to do anything that is contrary to the law, decency or morality. In particular, you shall not adversely comment upon any other User on any chat or other forum or platform provided as part of the Services. While using the Services you may be exposed to content placed by other Users which you may find offensive, indecent or objectionable. The Company is not responsible for any such offence caused to you.
5.9. You shall not Use the Service to make unsolicited offers, advertisements, proposals, or send junk mail or spam to others. 5.10. You shall not take any action that would cause Company to suffer any types of losses.
5.11. You shall not Use the Services for any commercial use.
5.12. You agree not to collect or harvest from the Services any personally identifiable information, including account names, or to use the communication platforms provided by the Services (e.g., comments, email) for any commercial solicitation purposes.
5.13. In your Use of the Services, you shall always comply with all applicable laws.
5.14.You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the Services for any other purposes. Company and its licensors reserve all rights not expressly granted in and to the Services and the Content.
5.15. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
5.16. Except for the Services explicitly provided, the Company does not provide, control or endorse any third party information, products or services in any manner whatsoever even if such third party information, products or services are advertised on the Website.
6.1. Even if the Services are provided on a ‘no charge’ basis for a period of time, the Company shall have the right to charge such subscription fees as it determines in its sole discretion from time to time.
6.2. All payments shall be made by credit card, debit card, or such other method as the Company may specify from time to time.
6.3. Unless permitted otherwise by the Company as per the then prevalent subscription package, all fees shall be paid in advance of availing of the Services and shall be non-refundable. For the avoidance of doubt, the Company shall not refund any amount regardless of the reason for the termination or annulment of these Terms, even if you discontinue the Services during the period of your then current subscription package.
6.4. Any promotional offers made available from time to time to all or any group of Users shall be fulfilled on the terms of such offers and shall not confer any right or entitlement on you or affect your obligations under these Terms.
6.5. You shall also bear and pay all taxes that may be levied on any Services provided to you.
6.6. You shall have no right to set off or adjust amounts due from you to the Company from any amounts that are actually or allegedly due by the Company to you.
6.7. Non-payment of fees and such other amounts shall result in suspension or termination of these Terms and your ability to Use the Services.
7.1. Notwithstanding anything to the contrary in these Terms, any other terms, or any other communication between you and the Company, the Company may terminate the Services at any time with or without notice, and for or without any reasons, with absolutely no liability to you.
7.2. Without prejudice to the foregoing:
7.2.1. The Company reserves the right to terminate these Terms without notice and without liability to you on becoming aware that you have violated these Terms or any other guidelines and rules published in respect of the Services.
7.2.2. Company may block, restrict, disable, suspend or terminate your access to all or part of the Services at any time in Company’s discretion, without prior notice or liability to you.
8.1. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, AND ANY OF COMPANY’S THIRD-PARTY PARTNERS, LICENSORS, AND SUPPLIERS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES WILL CONSTITUTE OR CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED HEREIN.
8.2. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ANY DATA, INFORMATION, THIRD PARTY SOFTWARE, REFERENCE SITES, SERVICES, OR SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. THE COMPANY AND ANY THIRD PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE DATA, SOFTWARE, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
8.3. COMPANY AND ANY THIRD PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
8.4. YOU UNDERSTAND AND AGREE THAT IF YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICES, THE SAME SHALL BE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND/OR OTHER DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
9.1. The Company and its licensors, if any, shall be the sole and absolute owners of the Services, including but not limited to the idea behind the Services, the copyright in all content on the Website and all trademarks, designs, logos and other insignia of trade used on the Website and elsewhere during the performance of the Services, all of which are subject to protection under patent, copyright, trade mark and trade secret and other intellectual property laws of India and other countries. Any copying of any part of the Services shall entail immediate termination of these Terms without prejudice to the other rights and remedies of the Company, including for civil wrongs and criminal offences.
10.1. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS AND EMPLOYEES, OR ITS CONTRACTORS, AGENTS, LICENSORS, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS OPPORTUNITIES, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER), EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO (I) THESE TERMS, (II) THE SERVICES, (III) YOUR USE OR INABILITY TO USE THE SERVICES; OR (IV) ANY OTHER INTERACTIONS WITH ANOTHER USER IN CONNECTION WITH THE SERVICES. IF THE FOREGOING LIMITATION IS NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF THE COMPANY SHALL BE Rs.500.
10.2. YOU ACKNOWLEDGE AND AGREE YOU HAVE ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
10.3. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING LIES ENTIRELY WITH YOU.
10.4. The Services are controlled and offered by the Company from its facilities in India. If you are a User outside India, please take note the Company is subject only to Indian law and only to the jurisdiction of Indian courts. The Company makes no representations that the Services are appropriate or available for use in other locations. Therefore, if you are a User outside India, you may use the Services solely on your own volition and at your own risk. You shall be solely responsible for compliance with local law.
11.1. You hereby agree to defend, indemnify and hold harmless the Company, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your Use of the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This indemnification obligation shall survive these Terms and Use of the Services.
12.1. These Terms are governed by and shall be construed in accordance with the laws of the Republic of India without respect to its conflict of laws’ provisions.
12.2. Disputes, if any, shall be attempted to be resolved amicably for thirty (30) days. Unresolved disputes shall be referred to an independent, sole arbitrator in Bangalore appointed by the Company in accordance with the procedure established by the Arbitration and Conciliation Act, 1996. Subject to the foregoing, you hereby consent to the exclusive jurisdiction of the Courts in Bangalore Urban District.
13.1. Notices: Any notice required to be given to Company under this Agreement shall be sent by registered mail or recognized courier to the address first set out above.
13.2. Force Majeure: If the whole or any part of the performance of the respective obligations of the parties hereunder is prevented or delayed by reasons of natural calamities, war, arson, civil disturbance, and such other reasons beyond the reasonable control of a person (each a “Force Majeure Event”), then to the extent either party shall be prevented or delayed from performing all or any part of their respective obligations under this Agreement despite due diligence and reasonable efforts to do so, then such party shall be excused from performance hereunder for so long as reasons of Force Majeure Event. A Force Majeure Event shall not affect the payment obligations of the parties unless there is legal bar / embargo to the making of the payments.
13.3. Severability: Notwithstanding that the whole or any part of any provision of these Terms may prove to be illegal or unenforceable, the other provisions of these Terms and the remainder of the provision in question shall continue in full force and effect. 13.4. No Waiver or Election: No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Every right or remedy herein conferred upon or reserved to either party shall be cumulative and shall be in addition to every right and remedy existing at law or equity or by statute and the pursuit of any one right or remedy shall not be construed as an election.
13.5. Assignment: The right to use the Services is personal to you and is not transferable by assignment, sublicense, or any other method to any other person or entity.