1. General

1. 1. Welcome to www.SVING.in (“Website”)/the SVING mobile application (“App”). This Website/App is owned and operated by <insert registered name> (“SVING”), whose registered office is at [<insert registered address>].

1. 1. Our Website/App is an online platform that acts as a connecting platform from the various users who collectively want to make their daily commute easier. By using Our App, a group of Users can plan their transport to their preferred locations.

1. 1. For the purpose of these terms of use (“Terms of Use”), where the context requires, “We”, “Us” and “Our” means SVING and “You”, “Your” or “User” means any person who accesses or uses the Website/App.

1. 1. By accessing or using the Website/App, You agree to be bound by these Terms of Use and Our other policies made available on the Website, including but not limited to Our Privacy Policy (“Policies”). These Terms of Use govern Your Use of the Website/App.

1. Changes to the Terms of Use

We may modify these Terms of Use and our Policies through an in-app notification from time to time, by updating this document. Your continuing to use the Website/App following the posting of changes will mean that You accept such changes.

1. Access to the Website/App

You may access and use the Website/App only if You are 18 years of age or older and are legally capable of entering into a binding contract as per applicable law, including, in particular, the Indian Contract Act, 1872. If You are below the age of 18, Your parent/legal guardian is required to accept a Contract on Your behalf and ensure the discharge all the obligations therein.

1. Your Profile and User Information

1. 1. Upon downloading the App, You are required to create a profile (“Profile”) providing Us with Your name, contact number, picture and details required for Payment as described in Clause 6. Upon successful registration, You will be issued a username and password which are linked to Your Profile. These are non transferable. Please keep them confidential as You are responsible for all acts or omissions committed on the Website/App using your username or password and for all the information/content posted under Your Profile.

1. 1. For purposes of these Terms of Use, all information provided to us under Your Profile, including your name, contact number, picture and details required for Payment, preferred pick up and destination locations from the options provided on the Website/App shall be defined as “User Information”.

1. 1. By providing us with Your User Information, You confirm that:
      1. The User Information provided by You and under Your Profile is accurate, genuine and will be regularly updated; and
      2. The mobile phone number provided in Your User Information belongs to You, has been validly acquired under applicable law, and you may contacted on the number by way of calls or SMS messages by Us, and other Users;
2. You shall immediately notify Us of any un-authorized use of Your Profile, User Information or any other breach of these Terms of Use or security known to You.
3. You understand that we are not engaged in the business of providing public and/or private transportation directly to any Person in any manner whatsoever.
4. You understand that we do not own, possess and/or otherwise control in any manner whatsoever, any personal fleet of vehicles for public and/or private transportation.
5. You understand, acknowledge and affirm that we do not have any control over the conduct of any other user.
6. You understand, acknowledge and affirm that we have no connection in relation to contractual relationships that are entered into after the Service has been utilised by any person.
7. You understand, acknowledge and affirm that we do not incur any liability in relation to the deficiency of service rendered by any person which has been connected to You using the App.
8. You understand, acknowledge and affirm that we do not have any control over the condition of the transportation vehicle made available to the User in lieu of this App.
9. You understand, acknowledge and affirm that the we do not guarantee the compliance of Applicable Law by the other Users, including but not limited to the compliances necessary in relation to transportation laws of any specific state within the Republic of India.
10. You specifically covenant that you shall not use the App and/or the Service and/or any part thereof for any form of commercial use whatsoever, including but not limited to advertisements, logistics services, transportation services, etc. without our prior written permission.
11. You shall not use the Service and/or any part thereof as a mean to fraudulently induce any other Third Party to carry out act and/or omissions.
12. Further, you authorize Us to:
    1. Collect, process and store User Information and access information including the IP address, IMEI number and MAC address of the computer/device from where the Website/App was accessed;.
    2. Either directly, or through third parties, verify and confirm your User Information;
    3. Contact You using your User Information;
    4. Share your User Information with other Users, Operators or drivers who may use the same to contact You, including on Your mobile phone; and
    5. Modify, limit or delete your User Information or Profile as may be required.

1. Subject to the above, and your compliance with these Terms of Use, We grant You a non-exclusive, revocable, limited privilege to access and use this Website/App.

1. Payment

You are required to pay the any and all service fees for the services provided through the App.

1. We reserve the right to offer Rides free of cost to promote Our services. It is clarified that You will continue to be bound by these terms, should you choose to avail such free Rides.

1. Use of the Website/App
   1. You agree to make use of the Website/App for their intended purpose only in a bona fide manner. In particular You agree not to:
   2. print, distribute, share, download, duplicate or otherwise copy, delete, vary or amend or use any data or User Information posted by any User other than You;
   3. upload multiple Profiles of the same User using the same or different Profiles;
   4. infringe on any intellectual property rights of any person and/or retain information in any computer system or otherwise with an intention to do so;
   5. use or attempt to use another person’s Profile;
   6. attempt to gain unauthorized access to any portion or feature of the Website/App, or any other systems or networks connected to the Website/App or to any connected server, computer, network, by hacking, password “mining” or any other illegitimate means;
   7. probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App or breach the security or authentication measures on the Website/App or any network connected to the Website/App;
   8. use any automated systems to extract data from the Website/App;
   9. make any inaccurate, false, unfair or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or any User on the Website/App;
   10. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website/App or Our systems or networks, or any systems or networks connected to Us; or
   11. Circumvent or manipulate the Website/App, services, registration process, Fees, billing system, or attempt to do so.

1. You further agree not to host, display, upload, modify, publish, transmit, update, share or otherwise make available on the Website/App any information, that: —
   1. contains content or other material protected by intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
   2. defames, abuses, harasses, stalks, hurts religious or ethnic sentiments of, threatens or otherwise violates the legal rights of others;
   3. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
   4. harms minors in any way;
   5. infringes any patent, trademark, copyright or other proprietary rights;
   6. violates any law for the time being in force;
   7. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
   8. abets or assists with impersonating another person;
   9. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
   10. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
   11. conducts or forwards surveys, contests, pyramid schemes or chain letters;
   12. creates profiles or provides content that promotes escort services or prostitution;
   13. uses any other internet service to send or post spam to drive visitors to any other site hosted on or through SVING systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party; or
   14. contains any content which is non-compliant with The Information Technology Act, 2000, Rules and regulations, guidelines made thereunder, including Rule 3 of The Information Technology (Intermediaries Guidelines) Rules, 2011, Terms of Use or Privacy Policy, as amended/re-enacted from time to time.

1. Intellectual Property

The intellectual property in the Website/App and in the material, content and information made available on the Website/App including graphics, images, photographs, logos, trademarks, the appearance, organisation and layout of this Website and the underlying software code belong to SVING or its licensors.

1. You must not copy, modify, alter, publish, broadcast, distribute, sell or transfer (whether in whole or in part) any such material. The information provided on the Website/App is for Your personal use only.

1. Indemnity
   1. You agree to indemnify SVING, its owners, licensees, affiliates, group companies and their respective officers, directors, agents, and employees, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which We may pay, suffer, incur or are liable for, in relation to any act You do or cause to be done, in breach of the Terms of Use or Your violation of any law, rules or regulations.

1. 1. Notwithstanding anything contained herein, we are not indemnifying any User in relation to any Services made available in lieu of these Terms of Use, in any manner whatsoever and we specifically disclaim any implied representation, warranty, declaration or covenant to the contrary.

1. User Content

You retain ownership of any intellectual property rights that You hold in content (including photographs, images and materials and information other than the User Information) (collectively, “User Content”) that You provide on the Website/App.  However, You grant SVING an unrestricted, transferable and perpetual license and right to use and modify this User Content for the Website/App.
Any material that is generated, as a whole or in part, on the Website/App, including, without limitation details of communication between Yourself and other Users including but not limited to messages and other communication (collectively “User Generated Information”) that You post or transmit to or receive, through or over the Website shall be solely owned by Us.

1. Feedback, Reputation and Reviews

You agree to be fair, accurate and non-disparaging while leaving comments, feedback, testimonials and reviews (“Feedback”) on or about the Operators and Your Rides. SVING

1. Breach of these Terms of Use

If You have, or We have reasonable grounds to believe that You have, violated these Terms of Use in any way, We can indefinitely suspend or terminate Your access to the Website/App at any time, forfeit any amounts paid by You and report such action to relevant authorities. We reserve the right to take recourse to all available remedies under applicable law in furtherance of the above and nothing in these Terms shall be deemed to be prejudicial to any rights under any law, contract and/or equity than may accrue in favour of Us in lieu of such breach.

1. Third Party Sites
   1. Third parties may obtain personal information about You due to Your use of the Website/App. You acknowledge that We are not responsible for the use of any personal information that You disclose or share with others through the use of the Website/App.
   2. All third party advertisements, hyperlinks or other redirection tools on the Website/App which take you to content operated by third parties are not controlled by Us and do not form part of the Website. We are not liable for any loss or harm that occurs to You as a result of such sites.

1. Disclaimer and Limitation of Liability

The Website/App and Rides are provided on an “as is” and “as available” basis without any representation or warranty, express or implied. We do not warrant that:

1. 1. The Website/App/Rides will be constantly available, or available at all. We shall have no liability to You for any interruption or delay in access to the services  or the rides availed through them, irrespective of the cause;
   2. The information on the Website/App is complete, true, accurate or non-misleading;
   3. That the Website/App is secure or free of viruses, Trojans or other malware; or
   4. The contents of the Website/App do not infringe any intellectual property rights.
2. In no event shall we be liable for any indirect, special, punitive, incidental, indirect or consequential damages including but not limited to any loss of profits, revenue,  business or data of any kind in connection with these Terms of Use, even if You have been informed in advance of the possibility of such damages. Our combined liability for any losses or claims arising out of a Contract shall not exceed the total fees paid to Us for the corresponding services.

1. Privacy Policy

Any personal information You supply to Us when You use this Website/App will be used in accordance with Our Privacy Policy<hyperlink this>.

1. Severability and Waiver

If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

1. Relationship between SVING, Operators and its Users

Use of the Website/App does not create any relationship of principal and agent, master and servant or employer and employee between any User and SVING. Further, there is no relationship of principal and agent, master and servant or employer and employee between any Operator and SVING.

1. Applicable Law and Dispute Resolution

These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of [India]. Any disputes pertaining to the Website/App shall be subject to the exclusive jurisdiction of the appropriate courts in Bangalore

1. Grievance officer
2. In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are

SVING

1. Contact Us
   1. Please contact Us for any questions or comments (including all inquiries related to copyright infringement) regarding this Website.
   2. This document is an electronic record under the Information Technology Act, 2000 and rules thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
   3. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access to or usage of this Website/App.

1. Refund Policy
   1. Wallet Balance shown in customer’s account consists of amount added by the customer for purchase of SVING rides and the SVING credits (bonus) offered under various promotional offers (example: credit on registration, credit on referral or bonus credit on recharge)
   2. SVING credits offered under various promotional offers cannot be encashed and can be used for SVING rides only. Also note, SVING Credits earned will expire in 30 days from date of credit.
   3. SVING credits on recharge are applicable only when the user uses the recharged amount fully for buying SVING rides.
   4. SVING credits are used for purchasing the rides once the amount added by the customer has been used completely.
   5. In event a customer chooses to seek refund from his wallet balance, the balance of amount added by customer minus the amount used for SVING rides only will be refunded back. SVING credits cannot be refunded back as cash to the customer.
   6. If a user requests for a partial or complete refund of the balance of real money, any remanining SVING credits will be cancelled.

1. Fair Usage Policy
   1. SVING credits offered would be used post consumption of real money in wallet.
   2. Referrals bonuses are for referring friends, family and colleagues. Referring oneself for accumulating SVING credits is a violation of the policy. In case it is discovered, the account can be blocked for further use. No referral SVING credits will be offered to customers in such cases.
   3. Frequent cancellations and blocking seats so that other users cannot make a booking are considered to be a violation of fair usage policy. All such accounts can be blocked from making a booking without any further notice.
2. Only one account can be linked to a device, thereby restricting usage for multiple accounts. In case of Violation of fair usage policy, accounts can be blocked from making a booking without any further notice.
3. SVINGYou understand that services provided hereunder have to be in compliance with state government or from central governmentt’s ministry of road transport.

1. SVINGSVINGSVINGSVINGSVINGSVINGSVINGPlease respect SVING, the co-passengers and third party operators such as but not limited to drivers and assistants. Don’t engage in any activity on board which includes (a) is intended or does harass, harm or bully other users (b) is offensive, abusive, defamatory, pornographic, obscene (c) Is illegal or is intended to promote or commit an illegal act of any kind including but not limited to, violating right to privacy, personal property (d) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading (e) involves commercial, promotional or sales activities, such as advertising, contests, sampling or pyramid schemes without prior permission from SVING. You agree that SVING may also reclaim your user ID for these reasons and reserve the right to admission at any given point in time.

1. All passengers under 18 years of age need to be accompanied with adult passengers at all times from boarding to completion of journey.

1. You are expected to take care of yourbelongings, in event of any loss/ theft SVING and or third-party provider cannot be held liable for any form of compensation.

1. SVING and or third party cannot be held liable for performance or prompt performance of service if service is prevented or affected by or you otherwise suffer damage or loss as a result of Force Majeure. For the purposes of these Terms & Conditions Force Majeure means any event which we or third party in question could not, even with due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, fire, adverse weather conditions and all similar events outside our control.

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