Terms and conditions
Please read the following Terms and Conditions carefully before registering, accessing, browsing, downloading or using the Site or by using of applications, websites, content, products, and services (the “ Services ”) made available by “Ridlr” and powered by Birds Eye Systems Private Limited (Birds Eye) having its registered office at 123-126, First Floor, Chintanmani Plaza, Mohan Studio Compound, Near Magic-bricks WEH Metro Station, Andheri-Kurla Road, Andheri East, Mumbai- 400099.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Ridlr. You agree to be bound by these Terms and Conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these Terms and Conditions or do not wish to be bound by these Terms and Conditions, you may not access or use the site or mobile app and immediately terminate your use of the services.
These Terms and Conditions expressly supersede prior agreements or arrangements with you. Ridlr may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Ridlr may amend the Terms and Conditions related to the Services from time to time without any prior notification. Amendments will be effective upon Ridlr’s posting of such updated Terms and Conditions at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms and Conditions, as amended.
‘Charges’ shall mean any Trip Fare charges, Price of renewal of Passes, Smartcard recharge, Metro Cards recharge any other including services taxes and any other taxes, duties, cesses as per applicable laws.
‘ PaymentGateway’ shall mean associate authorizing electronic wallets other forms of electronic payments which protect sensitive information like credit card numbers and other account information by encrypting the data, transmit to merchants and payment processors.
‘ Supplemental terms’ ‘shall mean the additional Terms and Conditions to the existing Terms and Conditions shall be introduced on applicable service time to time.
‘Transport Service provider’ shall mean the agency, including all forms of such agency such as public, private, governmental and/or semi governmental etc., which is engaged in the business of providing public transportation whether in India.
‘ Third Party Provider ’ shall mean the agency which is in business of providing transport services to the commuters including Transport Service Provider.
‘ Vehicle ’ shall include but not limited to buses, trains, mono rails, metro trains, trams, taxies, cabs, auto reshow etc.
The Services constitute a technology platform that enables users of Ridlr’s mobile applications or websites provided as part of the Services (each, an “ Application ”) to make Tickets, Renewal Season Passes, Recharge Coupons, Smart Cards, Metro Cards and/ or the Likes. Unless otherwise agreed by Ridlr in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT RIDLR DOES NOT SELL TICKETS, PROVIDE TRANSPORTATION OR FUNCTION AS A TRANSPORT SERVICE PROVIDER OR AGENT, BROKER OF TRANSPORT SERVICE PROVIDER AND THAT ALL SUCH TICKETING SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY PROVIDERS WHO ARE NOT EMPLOYED BY RIDLR OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, Ridlr grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Ridlr and Ridlr’s licensors.
You may not:
remove any copyright, trademark or other proprietary notices from any portion of the Services;
reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Ridlr;
decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
link to, mirror or frame any portion of the Services;
cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
PROVISION OF THE SERVICES:
You acknowledge that portions of the Services may be made available under Ridlr’s brand. You also acknowledge that the Services may be made available under this brand or request options by or in connection with: (i) certain of Ridlr’s affiliates; or (ii) independent Third Party Providers, including, transport Agencies permit holders or holders of similar transportation permits, authorizations or licenses.
THIRD PARTY SERVICES AND CONTENT
The Services and all rights therein are and shall remain Ridlr’s property or the property of Ridlr’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Ridlr’s company names, logos, product and service names, trademarks or services marks or those of Ridlr’s licensors.
YOUR USE OF THE SERVICES,
PAYMENT GETWAY ACCOUNT
In order to use most aspects of the Services, you must register with Payment Gateway, as provided (“ Account ”).You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Payment Gate way certain personal information through Ridlr, such as your name, address, mobile phone number and age, as well as at least one valid Payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Ridlr’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times
USER REQUIREMENTS AND CONDUCT
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive the Services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using such Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked 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.
By creating an Account, you agree that the Services may send you informational text (SMS) messages, push notifications as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages, notification from Ridlr at any time by sending an email to email@example.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Ridlr may, in Ridlr’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Ridlr establishes on a per promotional code basis (“ Promo Codes ”). You agree that Promo Codes:
must be used for the intended audience and purpose, and in a lawful manner;
may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Ridlr;
may be disabled by Ridlr at any time for any reason without liability to Ridlr;
may only be used pursuant to the specific terms that Ridlr establishes for such Promo Code;
are not valid for cash; and
may expire prior to your use.
Ridlr reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Ridlr determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
USER PROVIDED CONTENT
Ridlr may, in Ridlr’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Ridlr through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“ User Content ”). Any User Content provided by you remains your property. However, by providing User Content to Ridlr, you grant Ridlr a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Ridlr’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Ridlr the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Ridlr’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Ridlr in its sole discretion, whether or not such material may be protected by law. Ridlr may, but shall not be obligated to, review, monitor, or remove User Content, at Ridlr’s sole discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Ridlr does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Ridlr is only a medium between you and Third Party Provider(s). It does not operate any Transport services of its own. In order to provide a comprehensive choice of Third Party Provider, Trip fare or prices to customers and departure and reaching times, it has tied up with many Third Party Provider(s) and Transport Service Provider(s).
Ridlr's advice to customers is to choose Third Party Provider, they are aware of and whose service they are comfortable with.
Ridlr's responsibilities include:
Issuing a valid Tickets /Passes/Recharge (a Tickets /Passes/Recharge that will be accepted by Third Party Provider) for its' Services.
Providing customer support and information in case of any confusion / inconvenience while making Tickets /Passes/Recharge and Services.
Providing refund and support in the event of failure of Services or wrongly deducted charges as determined by Ridlr.
Ridlr's responsibilities do not include:
The Third Party Provider’s vehicle not departing / reaching on time.
The Third Party Provider's employees/ Staffs being rude.
The Third Party Provider's vehicle seats, amenities etc not being up to the customer's expectation.
The Third Party Provider canceling the trip due to unavoidable reasons.
The baggage of the customer getting lost / stolen / damaged.
The arrival and departure times mentioned on the ticket are only tentative timings.
Passengers are required to furnish the following at the time of travelling:
A copy of the Ticket/ Passes (whether A Mobile Ticket OR a Print Ticket).
Identity proof (if specify, by the Transport Service Provider). Failing to do so, they may not be allowed to travel.
Cancellation policy: the Issued ticket/Pass shall not be canceled or transferred.
Before purchasing tickets/ passes or renewal/ recharge of smart card and/ or likes, carefully review your details such as charges, source and destination, departure and reaching time. Ridlr prohibits exchanges or refunds after a ticket/pass/recharge has been purchased or for lost, stolen, damaged or destroyed.
Amenties for the vehicle as shown on Ridlr have been configured and provided by the Third Party Provider. These amenities will be provided unless there are some exceptions on certain cases. Please note that Ridlr provides this information in good faith to help passengers to make an informed decision. Provision of video, air conditioning and any such other services mentioned by Third Party Provider in the Vehicles is their own responsibility.
You understand that use of the Services may result in charges to you for the services you receive from a Third Party Provider. After you have received services obtained through your use of the Service, Ridlr will facilitate your payment of the applicable Charges on behalf of the Third Party Provider through its associate Payment gateway. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law.
Charges paid by you are final and non-refundable, unless otherwise determined by Ridlr. All Charges are due immediately and payment will be facilitated by Ridlr using the preferred Payment Gateway as designated in your Account, after which Ridlr will send you a payment confirmation by email. If your primary Payment Gateway is determined to be expired, invalid, unavailable or otherwise not able to be charged, you agree that Ridlr may use a secondary Payment Gateway (if available) to claim the charge.
As between you and Ridlr, Ridlr reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in Ridlr’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Ridlr will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Ridlr may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
This payment structure is intended to fully compensate the Third Party Provider for the services provided.
All sales of Tickets/Passes/ Recharges are final with no refund or exchange permitted. You are responsible for the mobile number. Ridlr is not responsible for any purchase of Tickets/Passes/ Recharges for an incorrect details. However, if in a transaction performed by you on the Site, money has been charged via Payment Gateway and a Ticket/ Pass/Recharge is not delivered within 24 hours on your completion of the transaction then you may inform us by sending an email to our customer services email address firstname.lastname@example.org . Please include in the email the following details - the mobile number, mobile device, Ticketing value, Transaction date, Order Number and Service used. Ridlr shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the Ticket/ Pass/Recharge then you will be refunded the money within 15 working days from the date of Ridlr confirmation email. All Refunds will be credited to your respective Payment Gateway. You can trigger a request in your associate Wallet to transfer the money from your Wallet back to source. It will take 3-21 days for the money to show in your bank account depending on your bank's policy.
DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RIDLR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, RIDLR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. RIDLR DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
RIDLR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF RIDLR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RIDLR SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; IN NO EVENT SHALL RIDLR’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RUPEES FIVE HUNDRED (Rs.500).
RIDLR’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT RIDLR HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Ridlr and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Ridlr’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
GOVERNING LAW; ARBITRATION.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India without regard to any principles of conflicts of laws thereof. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “ Dispute ”) shall be resolved manner related to any provision of this Agreement including any failure of the respective Boards of the Parties to reach an understanding under any provision of this Agreement shall be resolved by a Sole Arbitrator appointed by Ridlr. The Sole Arbitrator shall adopt all the procedures, rules and regulations mentioned in the Arbitration & Conciliation Act, 1996 and the accompanying rules. The Parties further agree that the decision of the arbitrator shall be final and binding.The arbitration proceedings shall be in English. The venue of the arbitration proceedings shall exclusively be at Mumbai.
Ridlr may give notice by means of a general notice on the Services, electronic mail to your email address in your Account as set forth in your Account. You may give notice to Ridlr by written communication to Birds Eye's address at 123-126, First Floor, Chintanmani Plaza, Mohan Studio Compound, Near Magic-bricks WEH Metro Station, Andheri-Kurla Road, Andheri East, Mumbai- 400099.
The failure of Ridlr to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Ridlr.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between you and Ridlr relating to the subject matter hereof and will be modified time to time.