GENERAL CONDITION FOR USE
The Terms & Conditions are made by “Wiish App” and shall apply to your visit and your use of Services provided through our Website and / or Application.
Users are hereby allowed to use the Services, subject to acceptance in full, of the Terms mentioned herein below and any other conditions as specified by “Wiish App” from time to time on the Application and / or on the Website.
““Wiish App”” shall mean Ragvim Online Services Private Limited, a company incorporated under the Companies Act, who owns, operates and maintains the Website and Application, providing web and mobile based digital platform for enabling User to User Carpooling, on mutual consent between a Lift Giver and a Co-traveler;
“Application” shall mean such mobile applications which are owned, maintained and operated by “Wiish App” and all screenshots, pages appearing, appended, available along with such mobile applications;
“Website” shall mean the website www.wiish.com and any other electronic medium platform maintained or operated by “Wiish App which offers similar services including any microsites or sub-sites offered through any such website;
“User” refers to any persons who have registered themselves with “Wiish App” by using the Website or the Application, after accepting the Terms;
“Ride Giver” means a User who through the Website or Application offers to share the Vehicle with a Co-traveler for a Ride in exchange for the Ride Fee;
“Vehicle” means the vehicle owned by Ride Giver or vehicle whose full capacity is rented by Ride Giver for intra-city ride or inter-city ride, of which vacant space is offered by a Ride Giver for Carpooling to a Co-traveler.
“Co-traveler” means a User who has accepted an offer to be transported by a Ride Giver in the Vehicle for a Ride in exchange for the Ride Fee;
“Carpooling” shall mean the mutually agreed sharing of a ride in the Vehicle of a Ride Giver by a Co-traveler for a particular Ride in exchange for a Ride Fee;
“Service” refers to any service provided by “Wiish App” through the Website or the Application to any User who has accepted the Terms.
“Ride” means a given journey in relation to which a Ride Giver and a Co-traveler have mutually agreed upon the communication enabled through the Website or the Application.
“Ride Fee” means the amount calculated at the end of each Ride on the basis of pre-disclosed parameters which shall be payable by a Co-traveler as part of his contribution towards the cost of the Ride;
“User Account” means an account which shall be opened by any User using the Website or the Application and used in order to access the Service provided by “Wiish App” through the Website or Application, by providing basic personal information.
Acceptance of Terms
The Terms are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of “Wiish App”. Please carefully read these Terms. A User must accept the Terms in full to use the Services offered by “Wiish App”. No User is entitled to accept only a part of the Terms. If a User does not agree to the Terms for whatever reasons, such User shall not be allowed to use the Services.
We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your User Account and all related information and/or bar any further access to your User Account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services
These Terms are intended to create binding rights and obligations between the Users and “Wiish App” in accordance with the Indian Contract Act, 1872 and all other applicable laws.
Changes to the Terms, Website, Application or Service
“Wiish App” may vary or amend or change or update these Terms / Application / Website / Service, from time to time entirely at its own discretion. You shall be responsible for checking these Terms / Application / Website / Service from time to time and ensure continued compliance. Your use of Website or Application after any such amendment or change in the Terms / Application / Website / Service shall be deemed as your express acceptance to such amended/changed Terms / Application / Website / Service and you also agree to be bound by such changed/amended Terms / Application / Website / Service.
Any modification to the Website, Application, Services or Terms shall come into effect as soon as such changes are published on the Website and / or the Application. “Wiish App” does not hold the responsibility of communicating the change or amendments to the Users
Translation of Terms
USE OF SERVICE
User Account and Accuracy of Information
Users agree and understand that “Wiish App” shall not undertake any verification to confirm the accuracy of any information provided by the Users on the Website and / or the Application or to a Co-traveler or Ride Giver, as the case maybe. “Wiish App” shall not be liable to any User in the event of any repercussions cause by information provided by another User, which is false, incomplete, inaccurate, misleading or fraudulent.
Users are limited to create only one User Account per User. No User Account may be created on behalf of or in order to impersonate another person. If any person is found impersonating another person then “Wiish App” reserves the right to withdraw, suspend or delete such User Account.
Services Provided by “Wiish App”
“Wiish App” provides a platform to Users to participate in Carpooling, via its Application/Website. Ride or Ride Takers can post their travel itineraries in the Application / Website, based on which other Users may contact them for the purpose of Carpooling. Users must understand and accept that there is a mutual understanding between them to travel together. “Wiish App” is just a platform which connects the Users, but does not make it mandatory in any way for the Users to travel together. The decision of traveling together is solely of the Users and can be taken basis certain parameters provided in the Application / Website such as Route Match %, Ride Fee, profile details and Vehicle details. “Wiish App” does not provide any guarantee in terms of the accuracy of the data displayed to users, such as Route Match %, Ride Fee, profile details and Vehicle details.
Neither “Wiish App” nor its Website or Application provides any cab or transport services. Also, “Wiish App” is not in any sense a transportation carrier nor does it encourage people to use it in that form. “Wiish App” is strictly meant for peer to peer Carpooling. However “Wiish App” cannot be held responsible or accountable for any cab drivers or transport aggregators or transport service providers using the Service.
“Wiish App” does not hold the responsibility of ensuring Users to participate in Carpooling. The decision to travel together and complete a Ride rests solely upon the mutual understanding and agreement of the Users. If a Ride Give denies to travel with Ride Taker or vice versa, “Wiish App” will not interfere to convince either of the Users to change their decisions. No User who has an active/passive User Account with “Wiish App”, can be coerced to provide the Services of “Wiish App” to other Users. The contract with “Wiish App” pertains only with use of services provided by “Wiish App”.
Management of Disputes between Users
“Wiish App” may at its sole discretion provide its Users with an online service for resolving disputes. This service is non-binding. “Wiish App” is under no obligation to resolve any kind of disputes arising amongst the Users – Ride Givers or Co-travelers, or of the Users with any Third Party.
“Wiish App” would prescribe a rate for every Ride even before the Ride Giver and the Co-traveler contact each other. The Ride Fee, payable by Co-traveler, would be calculated automatically by the system, taking into account distance travelled with the Ride Giver.
“Wiish App” would not be responsible for any tax incidence occurring on Ride Giver on account of receipt of payment in lieu of Carpooling. The Ride Giver is advised to consult tax advisors/consultants/chartered accountants to get full clarity on any incidence of income tax or direct or indirect tax on account of Carpooling.
The Ride Giver shall not provide any additional services to the Co-traveler for the purpose of making monetary profit or reward, other than Carpooling.
The Ride Giver must not make any profits by collecting the Ride Fee from Co-travelers. If they do, “Wiish App” will not be liable to account for any kind of laws being broken by the Ride Giver. It is the responsibility of the Ride Giver to limit the number of Rides and the number of Co-travelers, so as to ensure that he/she does not make any profits out of Carpooling via the Application / Website. In case the Ride Giver owns the Vehicle, he may consider the costs related to fuel, pro-rata depreciation, pro-rata maintenance, toll charges, parking charges and driver expenses, to calculate whether he/she is making any profits out of Carpooling. Such calculations are at the sole discretion of the Ride Giver, and not the responsibility of “Wiish App”. If the Users feel that they are making any profits out of Carpooling via the Application / Website, then it is their responsibility to immediately terminate the use of “Wiish App”.
Ride Giver offering Carpooling in own car: Users are informed that using the Services and offering Rides in for hire or reward or in a commercial or professional capacity may invalidate a Ride Giver’s insurance and invite adverse legal actions by the road transport authorities. “Wiish App” shall not be liable for any loss or damage incurred by a User as a result of any breach by a User of these Terms, including where any Ride Giver (in breach of these terms) offers Services through the Website or Application in a professional or commercial capacity (thereby potentially invalidating their insurance). Any offering of Rides in violation of the Terms or otherwise shall be at the sole risk such User and “Wiish App” shall have no liability towards Users for such violations.
Ride Giver offering Carpooling in hired car: Ride Giver shall offer Carpooling in a hired car only when a Ride Giver has hired a vehicle in its full capacity and is allowed to go alone or with co-passengers in that hired car for their Ride. Nevertheless, Users are reminded that the owner or any representative of the owner of such hired car may charge extra money to allow Ride Giver to offer Carpooling to Co-traveler. In such circumstances, it shall be the sole liability of the Ride Giver to bear such extra charge with no recourse to “Wiish App” or to Co-travelers. It is expressly stated that neither the Co-traveler nor “Wiish App” would be held liable for such extra charge to be paid by the Ride Giver. If the Co-traveler decides to pay the extra charge, then it will be at his/her sole discretion. In case the owner or a representative of the owner of hired car refuses to allow Ride Giver offer Carpooling to Co-traveler, the Ride Giver would have to concede. “Wiish App” would not be held responsible for any loss or consequential loss borne by the Ride Giver or Co-traveler or the owner or representative of owner of hired car under any circumstances.
DISCLAIMER OF LIABILITY
Users shall access the Services on the Website and / or the Application at their own risk and using their best and prudent judgment and enter into Carpooling agreement with other User registered on the Website and / or the Application. “Wiish App” will neither be liable nor responsible for any actions or inactions of Users nor any breach of Terms, representations or warranties by the Users. “Wiish App” hereby expressly disclaims and any and all responsibility and liability in arising out of the use of the Website and / or Application.
“Wiish App” expressly disclaims any warranties or representations (express or implied) in respect of Rides, accuracy, reliability and completeness of information provided by Users, or the content (including details of the Ride and Ride Fee) on the Website or the Application. While “Wiish App” will take precautions to avoid inaccuracies in content of the Website and the Applications, all content and information, are provided on an as is where is basis, without warranty of any kind. “Wiish App” does not implicitly or explicitly support or endorse any of the Users availing Services from the Website and / or the Applications.
“Wiish App” is not a party to any Carpooling agreement between a Ride Giver and Co-traveler and will not be liable to either the Ride Giver or the Co-traveler.
“Wiish App” 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 User;
The cancellation of a Ride by a Ride Giver or Co-traveler;
Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Terms by a Ride Giver or Co-traveler before, during or after a Ride.
“Wiish App” will not be liable to any User for any personal, 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 “Wiish App” (whether suffered or incurred as a result of the “Wiish App”’ negligence or otherwise).
“Wiish App” liability to any User for all losses in respect of any Ride is capped at the sum of INR 1,000/- (Indian Rupees One Thousand only).
To mention explicitly, “Wiish App” will not be held liable in case of any Crimes conducted by Users or Third Parties against any other Users or Third Parties before, during or after the Ride. Crimes may be defined by the Criminal Law of India governed by Indian Penal Code, CRPC, Evidence Act, etc.
INDEMNITY AND RELEASE
Users will indemnify and hold harmless “Wiish App”, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand made by any third party or penalty imposed due to or arising out of breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
The indemnification rights of the “Wiish App”, its subsidiaries, affiliates and their respective officers, directors, agents and employees under this Terms and Terms are independent of, and in addition to, such other rights and remedies as the “Wiish App”, its subsidiaries, affiliates and their respective officers, directors, agents and employees may have at law or in equity or otherwise, including the right to seek specific performance, rescission, restitution or other injunctive relief, none of which rights or remedies shall be affected or diminished thereby.
No arrangement between the Users and “Wiish App” shall constitute or be deemed to constitute an agency, partnership, joint venture or the like between the Users and “Wiish App”.
Suspension or Withdrawal of Access to Website and Application
In the event of non-compliance on your part with all or some of the Terms, you acknowledge and accept that “Wiish App” can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or your access to the Website and / or the Application (including in particular your User Account).
The format and content included on the Website and the Application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of “Wiish App”, its affiliates or its content suppliers and are protected under applicable copyright, trademark and other proprietary rights laws.
All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to “Wiish App”) which appear on the Website and the Application.
The Website and Application or any portion of the Website and the Application may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of “Wiish App”. No person is entitled to systematically extract and/or re-utilise parts of the contents of the Website and Application without the express written consent of “Wiish App”. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this Website and / or of Application is strictly prohibited.
Content of the Website and Application Provided by the Users
By displaying content on this Website and Application, Users expressly grant a license to “Wiish App” to display the content and to use it for any of our other business purposes.
Users of this Website and Application shall not upload, distribute or publish through the Website and / or Application, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act 2000 or such other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to “Wiish App” or that aids in providing the services offered by “Wiish App”.
Users of this Website and Application shall not disseminate or upload viruses, programs, or software whether it is harmful to the Website or not. Additionally, Users shall not impersonate another person or user, attempt to get a password, other user account information, or other private information from a user, or harvest email addresses or other information.
Users of this Website and Application 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 “Wiish App” policy and “Wiish App” does not accept liability in respect of such content, and the User responsible will be personally liable for any damages or other liability arising and agrees to indemnify “Wiish App” in relation to any liability it may suffer as a result of any such content. However as soon as “Wiish App” becomes aware of infringing content, “Wiish App” shall do everything it can to remove such content from the Website and / or Application as soon as possible.
By using the Website and / or the Application, Users agree to comply with the “User Discipline” set out below. This is binding on all the Users and Users may enforce terms of this against each other directly during the Ride. “Wiish App” cannot he held liable in case of any kind of breach of discipline, arising out of Users not enforcing these terms.
Every Ride Giver, if driving the Vehicle, undertakes not to take any risks and not to consume any alcohol, drugs (whether recreational or prescription) which may impair or alter Ride Giver’s ability to drive safely and with due care and attention. Further, the Co-traveler agrees not to hinder the Ride Giver’s driving in any way
Users are required to be careful even when providing information through the Website and / or Application or directly to Users. “Wiish App” does not take steps to verify the identity of any User.
User should report any abuse or harassment to “Wiish App” immediately by contacting us on details given on “Call Support” tab in the Application.
All Users agree to provide any other User with such information and documents as the other User may reasonably request in the event that Users are participating in a Carpooling. The identities of the Co-traveler and the Ride Giver must correspond to those communicated through or to “Wiish App”’ Website and / or Application.
A Co-traveler or Ride Giver may refuse to participate in Carpooling if the identity of the other User does not correspond to that provided through or to “Wiish App”’ Website and/or Application.
All Users agree to comply with and adhere to the times and places fixed for pickup points. The Ride Giver and Co-traveler must present themselves at the place and time agreed for the pickup.
Rules and Legislation
The Ride Giver, while driving the car, agrees that they and the vehicle will at all times comply in full with any other applicable rules and legislation relating to their driving and the vehicle including speed limits, number of people on-board the Vehicle, loading restrictions etc
All Users agree not to carry or transport any substance, material or object which is illegal, dangerous, offensive or anti-social during a Journey.
Every User undertakes the responsibility of keeping the Vehicle clean and tidy during and at the end of the Ride. “Wiish App” cannot be held accountable for any inconvenience caused related to cleanliness and tidiness of the Vehicle.
Comfort and Terms
Users must agree with each other the following Terms prior to the Ride and these Terms will form part of the agreement between Users
Information published on the Website and Application No user of the Website and / or Application shall publish on the Website and / or Application any defamatory or offensive information or information that may be damaging to third parties. “Wiish App” shall remove any information that is contrary to this policy as soon as it becomes aware thereof (but “Wiish App” does not actively monitor the Website and / or Application for such information). Ride Givers and Co-travelers accept in advance that ratings about them may be published on the Website and / or the Application
LAW AND JURISDICTION
These terms shall be governed by the law of India and any disputes arising in relation to these terms shall be subject to the jurisdiction of the Courts of Noida.