Terms and Conditions for Passengers of O-Rickshaw

This document is a Passenger’s Service Agreement between End Mile Connectivity Federation (Hereinafter referred to as “Endmile” we, us our) and you, the Passenger.

Endmile is the Licensee and operates the O-RICKSHAW ride-hailing mobile app/website (“Application”). Whereas, End mile has obtained a limited license to use O-RICKSHAW for business purposes of its members. The Application is technology-based software for finding auto-rickshaws by certain people (“Passenger, you, your”) to go to or ride to certain places to be matched with third party independent transportation providers, drivers or vehicle operators (“Driver”) for a certain price (“Service”).

By clicking the Accept & Agree button in the Passenger’s Registration Form, you confirm that you have read, understood, accepted and agreed to these terms and conditions.

1. Definitions

  • Agreement: means this Passenger’s Service Agreement, as may be amended from time to time in accordance with the terns contained herein.
  • Applicable Laws: shall mean any and all laws, including but not limited to the Consumer Protection Act, 2019, Consumer Protection (E-Commerce) Rules, 2020, Information Technology Act, 2000 and rules framed thereunder, Legal Metrology Act, 2009 and rules framed thereunder, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, , other statutes, directives, regulations, decisions, legislations, regulatory rules, orders, judgments, decrees, frameworks, code of practice, guidelines or industry standards as issued by Government of India, any State Government in India and/or any other statutory and regulatory authority in India from time to time and are applicable to a Party, the services and /or arrangements covered under the Agreement.
  • Passenger: A person who uses the O-Rickshaw App to book a journey and avail the transportation service provided by a Driver who is affiliated with the O-Rickshaw App.
  • Fare: The amount of money that a Passenger pays or owes to O-Risckshaw for booking and completing a ride through O-Rickshaw.
  • Information: The details that the Driver or passenger provides to O- Rickshaw for the purpose of registration and onboarding as a driver or passenger with O-Rickshaw.
  • Driver: Driver who offers service to the passenger by picking them up from the location shown on the Device and dropping them off at the destination chosen by the Customer when they make their Service Request and accepted by the Driver.
  • Service: A request that the Customer makes to book a ride on O-Rickshaw for transportation Service.

2. Term

This Agreement starts on the date when your registration as a Passenger is recorded with Endmile (“Effective Date”) and will last until it is terminated in accordance with this Agreement.

3. Use of Application

  • The Application lets you find Drivers of auto rickshaws who are willing to be available to serve you.
  • The Application will display the available Drivers who are willing to be available to serve you when you make a booking request.
  • If the booking is confirmed, you will receive the booking details such as pick up time and place, and you can contact the Driver through the Application if there is any error.
  • The Driver is the only one responsible for the quality and delivery of Driver services as per your agreement with the Driver. We have no control over such Driver services, and we are not liable, and we will not interfere in any dispute between you and the Driver.
  • If you leave any items in the Vehicle, you will notify the Driver immediately. We will not be liable for any loss or damage to such items.

4. Registration

  • To register an account on O-RICKSHAW, you must be a natural person over 18 years old and competent to enter into a Contract according to Indian Contract Act, 1872.
  • To register, you need to give some basic personal information like your name, mobile phone number, and address and any such detail required while registration on the Application. You can only use this data to open one account.
  • You must ensure that the Registration Data that you provide is accurate, complete, current, valid, and true and that you update it from time to time. We will not be liable for any false, incomplete, or incorrect Registration Data that you provide.
  • You must not disclose your account or access details to anyone else. We cannot confirm your identity and Your Registration Data will be liable for all activities and transactions that occur through Your account. You need to inform Us immediately in case you suspect any unauthorized use of your account.
  • If we detect any suspicious activity from your account, we have the right to change, stop, or limit any or all services without warning. We can also take away or limit your access to any or all services without warning.

From the Effective Date and in return for the Payment (defined below), we give you a revocable, non-exclusive, non- transferable, limited license to use and access the Application to enable you to perform the Service according to the terms and conditions of this Agreement. You must also follow and respect the Term of Use of the Application at all times, which may be updated from time to time. You are advised to check the latest version of the Term of Use regularly.

5. Passenger requirement and Conduct

During the Term of this Agreement, you promise that;

  • You may not assign or otherwise transfer your Account to any other individual or entity
  • You agree to abide by all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transportation of unlawful or hazardous materials)
  • In certain instances, you may be required to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
  • You will not try to harm the software in any way whatsoever
  • You shall not consume any alcohol, drugs and/or illegal substances before or during the ride;
  • You shall comply with all the terms and conditions of this Agreement and the Application.
  • The number of Passenger(s) allowed in the vehicle must follow the Standard Operating Procedures (SOP)/ regulations set by the relevant regulatory authorities; 
  • The Driver shall have the right to reject Service for Passenger(s) that look drunk or unsuitable before boarding the vehicle. 
  • You and the Driver may be able to rate or block each other in relation to the Services provided.

6. Payment Terms for Passengers

You shall pay the Service fee as agreed upon in the Application directly to the driver and shall not dispute or refuse to pay the Driver without a valid reason. The fare shall be displayed on the app in accordance with the auto meter reading upon completion of the ride.

You can pay by cash or through the Application using your preferred payment method.

You may receive a copy of the fare receipt from the driver for the services they provide to you.

Fares are decided based on directions of Regional Transport Authority, within whose jurisdiction the services are being provided which is a statutory body under the Maharashtra Motor Vehicles Tax Act, 1958.

You may also receive discounts or promotions from time to time, which will be deducted from the Service fee accordingly.

7. Cancellation/Refund Policy

We value your time, and we know yours is as precious as ours. and therefore, we enforce a strict cancellation policy to address any inconvenience caused by cancellations. After cancelling three rides in a month, if you cancel a fourth ride in the same month, your account will be temporarily suspended for 5(five) days. This policy aims to maintain a balance between passenger satisfaction and driver well-being and by minimizing unnecessary cancellations, we create a better experience for everyone.

As a policy, we do not accept prepayment, and therefore, we do not offer refunds for incomplete rides.

8. User Content

O-RICKSHAW may permit you or you may have the ability to submit, upload, publish content and information, such as comments and feedback, regarding the Application or (“User Content”). You retain the ownership of any User Content that you provide. However, by providing User Content, you grant O-RICKSHAW a license to use, copy, modify, create derivative works from, distribute, display, perform, and exploit your User Content in any manner and on any platform, without seeking or paying you or any other person or entity. You warrant that you are the sole and exclusive owner of all User Content, or you have the rights, licenses, consents and releases necessary to grant O-RICKSHAW the license to the User Content as set forth above. You agree to not provide User Content on the App or otherwise that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by O-RICKSHAW in its sole discretion, whether or not such material may be protected by law. O-RICKSHAW may, but shall not be obligated to, review, monitor, or remove User Content provided to O-RICKSHAW, at its sole discretion and at any time and for any reason, without notice to you.

9. Intellectual Property Rights

End miles is only a Licensee of the O-Rickshaw App and Suma Soft Private Limited where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The terms and conditions do not make a sale agreement and do not give you any rights of ownership in or related to the Service and/or the Application, and any intellectual property rights owned by Suma Soft in reference of O-RICKSHAW and/or its licensors.

10. Indemnification

During the Term of this Agreement, you agree that you shall indemnify and protect O-RICKSHAW, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in relation to: (a) your use of the Application ; or (b) your violation or breach of any of the terms and conditions of this Agreement; and (c) any of your act or omission, including without limitation negligence or wilful misconduct causing personal injury, death or property damage.

11. Limitation of Liability

You agree that O-RICKSHAW is not responsible for any harm or loss that you may suffer from using our services, such as:

  • any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage;
  • any damages, liability or losses arising out of your use of or reliance on the services or your inability to access or use the services;
  • any delay or failure in performance resulting from causes beyond O-RICKSHAW’s reasonable control.

This limit applies to all claims, whether based on contract, warranty, tort (including negligence) or strict liability.

This limit does not affect your rights as a consumer that cannot be excluded under applicable law.

12. Confidential Information

In this Agreement the term “Confidential Information” shall any and all information relating to the O-Rickshaw/End mile’s business, including, but not limited to, research, developments, product plans, products, services, diagrams, formulae, processes, techniques, technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, copyrights, trademarks, trade secrets, customers, suppliers, markets, marketing, finances disclosed by Us either directly or indirectly in writing, orally or visually, to You. Unless otherwise agreed to in advance and in writing by the O-Rickshaw/Endmile.You will not, except as required by law or court order, use the Confidential Information for any purpose whatsoever other than the performance of the Services in accordance with this agreement.

13. Disclaimer of Warranties

You understand and agree that the Application, its content and any related service(s) are provided to you on an “as is” basis. O-RICKSHAW does not promise or guarantee anything that is not clearly stated in these terms. This includes any implied or legal warranties, such as the quality, suitability, or fitness of the services for a specific purpose. O-RICKSHAW also does not promise or guarantee that the services or any services or goods that you request through the services will be reliable, timely, quality, suitable, or available, or that the services will work without any errors or interruptions. You are solely responsible for any risks or losses that may result from your use of the services or any services or goods that you request through the services, to the maximum extent allowed by the law.

14. Suspension and Termination

You agree and accept and acknowledge that if you do not follow the Term of Use, we may suspend your right to use the Application. You agree that we may do any of the following, at any time, without notice: (i) change, suspend or deny access to the Application, or any part of the Application (including access to your Account and/or the availability of any products or services), for any reason. We do not have to pay you any compensation for any suspension or termination.

15. Governing Law

Any dispute arising out of or relating to Terms and Conditions, shall be in accordance with the laws of India and the courts in Pune, Maharashtra shall have exclusive jurisdiction.

16. Relationship

The relationship between you and us shall be of the nature of independent contractors. Nothing contained in these terms and conditions shall be construed as creating any agency, partnership, or other form of joint enterprise with us.

17. Severability

If any provision of the terms and conditions is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

18. Amendment or Modification

We have absolute discretion to change or modify these Terms of Use and any policies which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site after such changes or modifications have been made shall constitute your acceptance of these Terms of Use as last revised

19. No Waiver

The failure to enforce any right or provision in the terms and conditions shall not constitute a waiver of such right or provision.

20. Entire Agreement

This Agreement comprises the entire agreement between you and us and supersedes any prior or contemporaneous negotiations or discussions.

21. Point of contact

For any queries or assistance required related to O-Rickshaw, please contact us at passengersupport@orickshaw.com or Helpline Desk. 01205165310.