GENERAL TERMS AND CONDITIONS OF USE- ‘ROSTR’

This Application/ Services is/are operated /provided by Shibu Smart Solutions Private Limited. Operated under the name of ‘Rostr’. 

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. If you continue to browse and use this Site and/or Application, You are agreeing to comply with and be bound by the following Terms and Conditions of use (T&Cs), which together with our privacy policy govern your relationship with Rostr in relation to this Site and/or Application and the Services (as described below). 

PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE AND/OR APPLICATION. If You do not accept any of the Terms and Conditions, then please do not use the Site and/or Application or avail any of the services being provided therein. YOUR AGREEMENT TO THESE TERMS AND CONDITIONS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND ROSTR IN RESPECT OF THE USE AND SERVICES OF THE SITE AND / OR APPLICATION.

By accepting these T&Cs, You also allow Rostr to send You promotional emails and SMS alerts from time to time.

I. Definitions

All of the defined and capitalised terms in these T&Cs will have the meaning assigned to them herein below:

Account” refers to the account created by the User on the Mobile Application and/or website www.rostr.in.

“Act” means the Motor Vehicle Act, 1988 and the rules made thereunder and includes any amendment, modification or re-enactment of the same, or any other succeeding enactment for the time being in force.

“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court, in India.

Application” shall mean the features including but not limited to categories within the mobile application ‘ROSTR’ and the website www.rostr. Developed and maintained by Us and as may be updated by Us from time to time.

“Authorised Driver” shall mean and include such individuals as may be evaluated, appointed and trained by the Authorised Vehicle Operator to provide the transportation services on behalf of the Authorised Vehicle Operator in accordance with the terms & conditions applicable to Authorised Vehicle Operators and Applicable Law, and who are registered with Us.

Authorised Vehicle Operator” shall mean and include such persons and agencies who have been granted valid and subsisting Contract Carriage Permits by the transport authorities in the City of Operation under the Act and the rules made thereunder and have entered into an agreement for subscription with Rostr to make their Vehicles available for the Service in the City of Operation, and operate according to the terms and conditions applicable to such subscription.

“City of Operation” shall mean a city in which the Application has been launched and the Customers and TPSPs avail and render the transportation services respectively. For clarity, the services rendered by the TPSPs and availed by the Customers shall be in the same city.

“Contract Carriage Permit” shall mean the valid and subsisting permit/license granted to the Authorised Vehicle Operator by the transport authority in the City of Operation for plying the Vehicle under contract carriage.

Co-Passenger(s)” shall mean and include such Customer(s) with whom you will be sharing the Ride.

“Customer/ You/ Registered User” means a person who has an Account on the Application.

Drop-off Point” shall mean the address/location provided by the User at the time of purchasing the Subscription Plan, which shall be the address/location for the completion of the Ride.

“Email ID” shall mean Your current, active and valid email id, the same being created by the Recognized Entity and used by You. Rostr shall use this Email ID only for the purpose of Customer verification and consequent grouping of Customers in Communities or Registered Communities.

“ETA” shall mean the estimated time of arrival of the Vehicle, at the pick up point of the Customer, provided by Rostr before the Ride, which shall change from time to time.

“ETD” shall mean the estimated time of departure of the Ride from the pick up point, provided by Rostr during the Ride, which shall change from time to time.

“Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Rostr.

Payment Facility” refers to the third party payment processors, wallets, online fund transfer facility through banks or credit cards or mobile & internet based payment/commerce platforms or authorized payment gateway networks as recognised and authorised by the Reserve Bank of India, used to facilitate the purchase of Credits (as defined hereinafter) on the Application. 

Pick-up Point” shall mean the address/location provided by the User at time of purchasing a Subscription Plan, which shall be the address/location of the commencement of the Ride.

“Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Rostr from the Customer from time to time for registration on the Application.

Ride” shall mean the travel in the Vehicle by the Customer from the pick up point to the drop off point, facilitated through the Application.

Rostr /We/ Us/Our” shall mean Shibu Smart Solutions Private Limited, a company incorporated under the Companies Act 2013, having its registered address at E47, 3rd Avenue, Lal Bhadur Nagar, Jaipur, India.

Route” shall mean the way or course taken in from getting to Drop-off Location from the Pick-up Location.

Services” shall mean the transportation services provided to You by the TSPs through the Application, within the City of Operation, in the manner set out in these T&Cs and as elaborated herein below. 

Subscriber” shall mean the User who has purchased a particular Subscription Plan by paying the Subscription Fee.

Subscription Period” shall mean the tenure of a particular Subscription Plan.

Subscription Plan/s” shall mean the plan/s as detailed out in Clause IX herein below.

Subscription fee” shall mean the amount paid by the User for the purchase of a Subscription Plan/s.

“TSP” shall mean the transport service provider who is an Authorized Driver and /or an Authorized Vehicle Operator associated with us, offering the service of transporting Customers within the City of Operation as requested by the Customer on the Application.

Vehicle” shall mean a motor cab as defined under the Motor Vehicles Act, 1988.

These Terms of Use apply to all services offered on the Application, collectively with any additional terms and conditions that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these T&Cs, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Application following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Application. 

II. Interpretation

1. Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.

2. Headings and captions are used for convenience only and will not affect the interpretation of these T&Cs.

3. Any reference to a natural person will, unless repugnant to the context, include his legal heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as Rostr will, unless repugnant to the context, include its affiliates, successors and permitted assignees.

III. User Eligibility

1. You will be “Eligible” to use the Services only when You fulfil all of the following conditions:

(i) You have attained at least 18 (eighteen) years of age.

(ii) You are competent to enter into a contract under the Applicable Laws.

2. If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.

3. You may avail the Services only if you fulfill the conditions as mentioned above. If You are not Eligible, please immediately abandon any and all attempts to register with US and /or use Our Services.

4. You acknowledge that We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your Account to access the Services on the Application, is not eligible to use the same.

IV. Registration and Account- Do’s & Don’ts’s

  1. You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.

  1. You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.

  1. In the event of any change in the said Registration Data, You agree to promptly update Your Registration Data on the Account so as to ensure that the communication We intend to send to You is promptly delivered to You and is not sent to any other entity/third party.

  1. You shall not impersonate someone else or provide account information, an email address or any other information that is not Your own. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.

  1. You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.

  1. You shall not license, sublicense, transfer, assign, sell or distribute or otherwise commercially exploit or make available to any third party the Services or the Application in any way.. You will only use the Services or download the Application for your sole and personal legal use and will not resell it to a third party nor try to hack or reverse engineer the Application or facilitate any person to do the same while availing the Services or otherwise. Rostr has irrevocable and unilateral right to refuse to provide Services and/or block the User and/or to impose any fines or penalties or take any other recourse, legal or otherwise, as may be available to Rostr under any applicable laws or under contract at the sole expense of the User, in case it appears to Rostr, or is discovered by, alleged or comes to the knowledge of Rostr that the User is guilty of any fraud, misrepresentation, illegal actions, cheating, creating nuisance, misuse of Application or any other misconduct.

  1. Rostr has irrevocable and unilateral right to refuse to provide Services and/or block the User and/or to impose any fines or penalties or take any other recourse, legal or otherwise, as may be available to Rostr under any applicable laws or under contract at the sole expense of the User, in case it appears to Rostr, or is discovered by, alleged or comes to the knowledge of Rostr that the User is guilty of any fraud, misrepresentation, illegal actions, cheating, creating nuisance, misuse of Application or any other misconduct.

  1. We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.

  1. Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), Rostr does not want You to, and You should not, send any confidential or proprietary information to Rostr on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to Rostr other than the Permitted Information will not be considered confidential or proprietary.

  1. It is Your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.

  1. We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at support@rostr.in.

  1. In case where the system is unable to establish unique identity of the User against a valid mobile number or e-mail ID or other contact details, as may be prescribed by Rostr from time to time, the Account shall be indefinitely suspended. Rostr reserves the full discretion to suspend or permanently disable a User’s Account in the above event and shall not have the liability to share any Account information whatsoever. 

  1. In case, You are unable to access Your Account, please inform Us at support@rostr.in and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.

V. Use of Services- Do’s & Don’ts’

  1. User can avail the Services only through the Application.

  1. It is agreed and understood by the User that Rostr through the Application enables the Users to use the Services for their transportation from one point to another on the Vehicles on pre-determined specified routes and times as previously agreed to between Rostr and the Operator. By using the Application, You enter into a contract with Rostr for the purpose of availing the Services in accordance with the terms and conditions contained herein. Rostr reserves the right to remove/modify/alter existing routes/pick-up points/drop-off points and the timings of the Services as well as the fee/charges for the Services, from time to time, without any prior notice to You. It shall be the sole responsibility of the User to verify these details prior to availing the Services. Rostr shall not be held responsible for any inconvenience caused to the User due to the changes stipulated in this clause.

  1. The User shall at the time of entering the Vehicle be required to validate his/her identity in order to comply with the regulations/ law concerning a contract carriage. 

  1. The Application acts as a facilitator for the User to avail the Services. By registering for the use of the Application, the User enters into a bipartite agreement, for the purpose of availing the Services for his transportation on the Vehicles as offered through the use of the Application.

  1. It is hereby agreed that Rostr itself does not provide transportation services. It merely enters into a contract with the Operators for the use of their Vehicles as a whole on a contract carriage basis and the User by entering into this agreement, agrees avail the Services by using the Application in order have access to the transportation services by the Operator through the Application. 

  1. Rostr under no circumstance accepts liability in connection with the quality and efficiency of the transportation services provided by the Operator. Rostr accepts no liability in connection with and/or related to the acts, actions, omissions, behaviour, conduct and/ or negligence, defaults, accidents, tort on the part of the Operator, co-passengers or drivers, conductors, helpers and other crew of the Vehicles.

  1. Rostr does not make any representation or warranty of the Vehicles and the Operators, drivers, conductors, helpers and other crew of the Vehicles as to specifics (such as quality, efficiency, background, value, etc) of the services offered by the Operator and Rostr accepts no liability for any errors or omissions thereof. 

  2. You shall share Your Ride with a Co-Passenger. Such sharing shall be subject to a permissible deviation and to extent of the said deviation shall be determined by Us and is subject to Our sole discretion.

  1. You acknowledge and understand that the Services provided by the TSP is for a fixed route from your pick up point to your drop off point, as per you Subscription. You will not be able to request for a deviation from the said route. It will be Your responsibility to ensure Your availability at the pick up point sufficiently in advance. The cancellation policy for the Services has been set out in Clause XI below. You shall have no claim against Rostr/TSP in case of any delays. You acknowledge that there may be a delay in dropping You at your destination, as there may be a higher wait time to pick Your C-passenger and that You shall have no claim against Rostr in this regard.

  1. With regard to Your use of the Service, You acknowledge that there may be a delay in dropping You at Your destination, as the TSP may take a longer route to pick Your Co-Passenger or may drop him/her first if his/her drop location happens to be located before Yours, and that You shall have no claim against Rostr in this regard.

  1. You shall not use the Service for emergency hospital visits when You are in a condition of serious ill health or in any other case of emergency or urgency or any other situation of a similar nature. In the event that You choose to do so, You do so against the provisions of these T&Cs, and acknowledge that Rostr shall have no obligation in this regard.

  1. You are required to ensure that the Vehicle assigned to You in the manner provided in the T&Cs bears the same registration number and the registration details specified to You through the Application and/or SMS. You shall not be allowed to exchange seats with a Customer who is assigned a seat in a different Vehicle.

  1. The order of the Customers’ pick-up and drop-off is determined by the system which determines the most optimal path at any point of time to pick-up/drop-off a Customer, and such order cannot be changed at the discretion/request of the customer.

  1. You will not be able to request the change of you pre-determined pick-up and drop-off location during the subsistence of a particular subscription.

  1. The User agrees and accepts that the use of Services is at the sole risk of the User, and further acknowledges that Rostr disclaims all representations and warranties of any kind, whether express or implied.

  1. You shall ensure that: 

  • You shall maintain reasonable behaviour while utilising the services offered by the TSP;

  • You report promptly on time at the pick up location;

  • You avoid talking loudly over the phone in the Vehicle;

  • You do not use foul language in the vehicle;

  • You do not play music in the vehicle and/or do any act which may cause any discomfort/inconvenience to Your Co-Passenger(s) or the TSP;

  • You do not share Your personal information with Your Co-Passenger(s) or the TSP, and if You do so, the same is at Your own risk. You maintain decorum and refrain from any kind of altercation or verbal spat with co-passengers, drivers, conductors and other crew of the Vehicles;

  • You should refrain from any kind of misbehaviour, untoward incidents or harassment of the women, other co-passengers, drivers, conductors and other crew of the Vehicles. 

  • You shall not smoke and/or consume alcohol and any banned substances including drugs and psychotropic substances or any kind of toxins/intoxicants inside the Vehicle;

  • You keep Your belongings with You only. You do not utilize Your Co-Passenger’s seat for your belongings;

  • You shall take full responsibility of Your items. In case of lost items during the Ride, We will try to locate the items on a “best effort” basis, but We shall not be responsible for the same in case of any losses or damages arising out of such lost items;

  • You do not litter the Vehicle; 

  • You do not soil or damage the seats and/or any other interiors of the Vehicle;

  • You do not misuse, soil or damage any of the devices (technical/non-technical) in the Vehicle;

  • You shall not ask the driver to break any traffic/RTO/city police and/or Government rules for any purpose (especially reaching the destination earlier). The driver has the right to refuse such a request by the User;

  • You shall not interfere in any manner in the discussions between the driver and government official/representative; and

  • You shall not request the TSP to halt at automated teller machines (ATM), shops, etc. or any other unauthorized location.

Upon occurrence/ threat of occurrence of the afore stated events, the driver/ conductor has the right to refuse the pick-up or ask the User to alight the Vehicle forthwith and Rostr shall have the right to terminate or suspend the provision of the Services to the defaulting User and/or block the User accessing, either permanently or temporarily, the Application and/or claim indemnities for the damage/loss caused, directly or indirectly, to Rostr. The information provided by the driver, conductor and other crew of the Vehicles or a representative of the Operator, present inside the Vehicle to Rostr with regard to the occurrence of any of such events specified above shall be conclusive evidence for Rostr to take the aforestated action by it against the defaulting User. 

VI. Public holidays and Bandh / strike / Natural Calamity

1. In case of public holiday, as listed out, We will not provide any rides. The charges of such day/s will be reduced from the upfront Subscription Fee payable by You.

2. In case of Band/Strike/Natural Calamity or any such unforeseen situations. We will not provide any rides. The charges for such day/s will be adjusted in the next Subscription Period.

VII. Use of Application

You agree, undertake and confirm that Your use of the Application shall be strictly governed by the following binding principles:

    1. You may use the Application for lawful purposes only.

    1. You shall not host, display, upload, modify, publish, transmit, update or share any information that:

      • belongs to another person and to which You do not have any right to; or that interferes with another user’s use and enjoyment of the Application or any other individual’s use and enjoyment of similar services; or

      • is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or unlawfully threatening or unlawfully harassing another user, the same being qualified to include behavior termed as “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986,; or

      • is misleading in any way; or

      • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or

      • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; or

      • infringes upon or violates any third party’s rights, [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number)]; or

      • contains restricted or password-only access pages, or hidden pages or images (those not linked to the Application or from another accessible page); or

      • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or

      • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or

      • contains video, photographs, or images of another person without his or her express written consent and permission, or the permission or the consent of his her guardian in the case of a minor; or

      • tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable codes of conduct or end user access and license agreements) to the Application or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or

      • engages in commercial activities and/or sales without Our prior written consent, including activities such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items. [Throughout these T&Cs, Our “prior written consent” means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization]; or

      • refers to any website or URL that, in Our sole opinion, contains material that is inappropriate for the Application, or contains content that would be prohibited or violates the letter or spirit of these T&Cs; or

      • harm minors in any way; or

      • is fraudulent or involve the sale of counterfeit or stolen items; or

      • violates any law for the time being in force; or

      • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or

      • exhibits the tenor of impersonating another person; or

      • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application; or

      • 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 cognizable offence or prevents investigation of any offence or is insulting to any other nation; or

      • is false, inaccurate or misleading; or

      • directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law for the time being in force; or

      • creates any liability for Us or cause Us to lose (in whole or in part) the services of Our TSPs or other suppliers.

    1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Application or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application. We reserve the right to bar any such activity.

    1. You shall not copy, distribute or disclose any part of the Application in any medium.

    1. You shall not attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Application.

    1. You shall not take any action that imposes, or may impose, at Our sole discretion, an unreasonable or disproportionately large load on Our infrastructure.

    2. You shall not collect or harvest any personally identifiable information, including account names, from the Application.

    1. You shall not use the Application for any commercial purposes without having all necessary rights and licenses to the Content available on the Application.

    1. You shall not impersonate another person or otherwise misrepresent Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity.

    1. You shall not interfere with the proper working of the Application.

    1. You shall not access any content on the Application through any technology or means other than those capabilities provided by the Application.

    1. You shall not bypass the measures We may use to prevent or restrict access to the Application, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Application or the content therein.

    1. You shall not probe, scan or test the vulnerability of the Application or any network connected to the Application nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of Rostr, including any of Our account not owned by You, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Application.

    1. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or Our systems or networks, or any systems or networks connected to the Application.

    1. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Application or any service offered on or through the Application.

    1. You shall not use the Application or any Content for any purpose that is unlawful or prohibited by these T&Cs as well as the Applicable Law and/ or to solicit the performance of any illegal activity or other activity that infringes the rights of Rostr or others.

    1. You shall not use the Services or the Application in any manner that could damage, disable, overburden, block or impair any of the servers connected to the Application. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.

    1. You shall not reverse engineer, decompile and disassemble any software used to provide the Services.

    1. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or any domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation of Rostr on Our Application, or otherwise tarnish or dilute any of Our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us.

    1. Solely to enable Us to use the information so that We are not violating any rights You might have with respect to Your information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your information, in any media now known or not currently known, with respect to Your information. We will only use Your information in accordance with these T&Cs and Our privacy policy.

    1. You shall not engage in advertising to, or solicitation of, other users of the Application to buy or sell any products or services, including, but not limited to, services being displayed on or related to the Application. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Application. It shall be a violation of these T&Cs to use any information obtained from the Application in order to harass, abuse, or harm another person, or in order to contact, advertise, solicit, or sell to another person outside of the Application without Our prior explicit consent. In the event of Us according consent to a person to advertise through Our Application, We may, in order to protect Our users from such advertising or solicitation, reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period, the same being subject to Our sole discretion

    1. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Application) as necessary to satisfy the Applicable Law, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

    1. We reserve the right, but have no obligation, to monitor the materials posted on the Application. We shall have the right to remove or edit any Content that in Our sole discretion violates, or is alleged to violate, any Applicable Law or the spirit or letter of these T&Cs. Notwithstanding this right of Rostr, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Our views. In no event shall We assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from the use of the content and/or appearance of content on the Application. You hereby represent and warrant that You have all necessary rights in and to all content You provide and all the information it contains, and that such content shall not infringe any proprietary or other rights of third parties, and shall not contain any libelous, tortious, or otherwise unlawful information.

    1. We shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

VIII. Content Posted on Application and Intellectual Property

    1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Application is owned, controlled or licensed by or to Us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Rostr.

    1. Except as expressly provided in these T&Cs, no part of the Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.

    1. You may use information on Our Services that has been made available by Us for downloading from the Application, provided You:

      • do not remove any proprietary notice language in all copies of such documents/ information; or

      • use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or

      • make no modifications to any such information; or

      • do not make any additional representations or warranties relating to such documents/ information.

    1. All trademarks, brands and service marks used in connection with the Application or Services offered are owned by Rostr and is Rostr’s property. Rostr owns all copyrights and intellectual property rights and database rights in connection with the Services and the Application. For use of any third party’s intellectual property, You need to get permission directly from the owner of the intellectual property for any use. Third party trademarks may appear on this Application and all rights therein are reserved to the registered owners of those trademarks.

    1. You agree to abide by laws pertaining to copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any Applicable Laws and for any infringements of any intellectual property rights caused by use of the Application.

    1. You shall be responsible for any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted by You on the Application (“Posted Content”). Such Posted Content will become Our property and You grant Us the royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Posted Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Application and Rostr’s (and its successors’ and affiliates’) business. We shall be entitled to use the Posted Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media, whether now known or hereafter devised, including the creation of derivative works that may include Posted Content. You agree that any Posted Content may be used by Us in the manner that We deem fit, consistent with Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted Content by Us. Rostr takes no responsibility and assumes no liability for the Posted Content that You or any other user or third party creates, stores, shares, posts or sends through the Application. You shall be solely responsible for Your Posted Content and the consequences of posting, publishing it, or sharing it and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your Posted Content. Notwithstanding anything contained in these T&Cs, if Your Posted Content violates these T&Cs, You shall bear all legal responsibility and obligation for that content.

IX. Subscription Plan/s

1. The Services provided by us are based on a subscription plan. You can purchase a Subscription Plan as per Your requirement from any of the Subscription Plan/s provided on the Application.

2. The terms and details of a particular Subscription Plan will be as set out in the description of the same Subscription Plan. We reserve the right to change/modify/amend/ alter the terms and details of the Subscription Plans provided by us. In case of any change/modification/amendment/alteration of terms of the Subscription Plan by Us, the same will not be applicable to the existing Subscription Plan purchased by You but will be applicable from the next Subscription Plan onwards.

3. User at any time can purchase only one Subscription Plan.

4. On the expiry of the Subscription Plan purchased by the User, we will not automatically renew the Subscription Plan. In such an event, you will have to purchase a new Subscription Plan from the Subscription Plans as available at that point in time on the Application.

X. Payment

1. All payments made against the purchases of the Subscription plan /Services on the Site and/or Application by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Application will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform.

2. You can pay the Subscription fees by way of making the payment using the payment method/s provided on the Application.

3. You also understand and acknowledge that Rostr only facilitates the third party payment gateway for processing of payments. This facility is managed by the third party payment gateway provider and You are required to follow all the terms and conditions of such third party payment gateway provider.

4. You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card details and any other information requested during the subscription process. You agree and acknowledge that Rostr shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.

4. The Subscription Fees specified for each Subscription plan are inclusive of applicable taxes.

5. Upon payment through any of the Payment Modes and confirmation of receipt of such payment from the payment gateway provider, an invoice will be made available to You.

6. Upon payment being received by Rostr through any of the Payment Method, Rostr shall make the Subscription available to You through any of the approved modes of delivery that Rostr adopts.

7. The Subscription Fees paid for purchase of a Subscription plan are non-refundable irrespective of whether the Subscription have been availed by You or not.

8. Any changes in the Subscription Plan opted by You is effective only after the expiry of the current Subscription period for which You have already paid for. Accordingly, for effecting the Subscription as per revised plan opted by You, You will have to purchase a new Subscription plan after the expiry of the current subscription plan.

9. Any request for change or cancellation in any Subscription plan prior to the expiration of the current Subscription plan period will not entail You with a refund for any portion of the Subscription Fee paid by You for the unexpired period.

10. You can access the status of Your Subscription anytime through the “Payment” section of the Application.

11. You can file any complaint related to payment processing on the Site and the same will be forwarded to the concerned third party payment gateway provider for redressal.

12. It is hereby clarified that the Subscription offered to You are offered by Rostr and not by any third party including any payment gateway service providers.

13. Rostr reserves the right to change, terminate or otherwise amend the Subscription plans, Subscription Fees for the Subscription and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Site and Your continued use of the Service shall be deemed to be Your conclusive acceptance of such amendments.

13. Rostr reserves the right to change, supplement, alter or remove any of the Content that is subject to a Subscription Fee as it deems fit. Rostr does not guarantee the availability of a specific Content or a minimum Content that is subject to a Subscription Fee.

XI. Ride Cancellation

You can cancel the ride at any time before the start of the ride. It is clarified that there will be NO REFUND whatsoever for any ride cancellation.

XII. Waiting policy

The TSP shall wait only for 3 (Three) minutes for the Customer at the pick-up location. If the Customer does not board the Vehicle within 3 (Three) minutes, then the TSP/Rostr may cancel the trip and leave the pick-up location.

XIII. Luggage policy

While using the Service, You may not carry heavy luggage like suitcase, big bags etc. with You. However, You can carry handbags, backpacks etc. which You can easily carry along with You, without taking much space or without using Your Co-Passenger’s seat space.

XIV. Liability

1. Rostr and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from Rostr or any other person’s negligence or otherwise). Any claim against the TSP / TSP’s staff/ other passengers or Users shall be pursued by the User directly with any of them and Rostr shall not be made a party to any such claim. 

2. Rostr is hereby authorized by the User to use the location based information provided by any of the telecommunication companies when the User uses the mobile phone to make a booking for the Services. The location based information will be used only to facilitate and improve the probability of locating a Vehicle for the User. 

3 Rostr shall be entitled at any time without giving any reason to terminate the booking on the Vehicle done by the User. 

4. If any User misses the Vehicle, Rostr will not be liable for paying any compensation or refund to the User or for making any alternative transportation arrangements for the User. 

5. Subject to the terms specified herein, the User shall make an alternate arrangement only if the Vehicle has not reached the designated pick-up point due to reasons attributable to Rostr. 

6. Users to take full responsibility of his/her items. In case of lost items during the journey, Rostr will assist in locating the items, but shall not be responsible in any manner whatsoever for the loss or damage to the same. If the User leaves any goods inside a Vehicle or has any complaint in respect of the Services or the use of the Vehicle, the User has to inform Rostr of the same in writing within 24 hours of using the Services. The User waives the right to make any claims against Rostr under this clause.

 7. It is expressly made clear to You hereby that Rostr does not own any of the Vehicles nor does it directly or indirectly employ any drivers/conductors for the Vehicles. Vehicles are owned and the staff therein are employed by the TSP and Rostr disclaims any and all liability in respect of the drivers, the conductors, helpers and other crew and the Vehicles alike. However, Rostr encourages You to notify it of any complaints that You may have against the driver/conductors of any Vehicle that You may have hired using the Application. 

8. The User waives the right to claim any damages/ losses from Rostr caused due to actions or omissions of other Users or his co-passengers in the Vehicle. 

9. Rostr will not be liable for any damages of any kind arising from the use of the service offered by the TSP including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

10. Rostr is not responsible for the conduct, whether online or offline, of any other user of the Application or Services. You are solely responsible for Your interactions with other users, whether TSPs or Co-Passengers. By using the Application and the Services, You agree to accept such risks and acknowledge that Rostr is not responsible for the acts or omissions of other user.

11. If Rostr has suspicion or knowledge, that any User is involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Rostr may while reserving its rights to initiate civil and/or criminal proceedings including filing of complaints against such User may also at its sole discretion suspend, block, restrict, disqualify that User and any related users from using the Application. 

12. The Customer acknowledges that in the event the Customer does not avail the service(s) in the Vehicle allocated to him/her by Rostr, and/or the Customer exchanges the seat allocated to him/her with a seat allocated to another Customer in another Vehicle, the Customer shall do so at his/her own and sole risk. Rostr shall not bear any liability arising out of or in connection with such acts on the part of the Customers

13. IN NO EVENT SHALL ROSTR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ROSTR HAS BEEN ADVISED OF THE POSSIBILITY THEREOF

13. Rostr reserves its right to initiate civil and/or criminal proceedings against a User who files an invalid and/or false claims or provides false, incomplete, or misleading information or makes misrepresentation or is engaged in illegal activities or engages in illegal activities during the course of availing the Services. 

14. Every effort is made to keep the Application up and running smoothly. However, Rostr takes no responsibility for, and will not be liable for the Application being temporarily unavailable due to technical issues or due to any reasons beyond Rostr’s control. 

XV. Other Businesses

We do not take responsibility or liability for the actions, products, content and services on the Application, which are linked to affiliates and/or third party websites using Our APIs or otherwise. In addition, We may provide links to third party websites of affiliated companies and certain other businesses for which, We assume no responsibility for examining or evaluating the products and services offered by them, and We do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). We do not in any way endorse any third party website(s) or content thereof. Your reference to and use of the same, shall be solely at Your own risk.

XVI. Termination and Expiry of the Account

We reserve the right to modify, terminate or suspend the Services to You at any time, without prior notice, due to any changes in Our internal policy or the Applicable Laws or any breach of these T&Cs by You, or for any reason whatsoever. You can terminate Your Account by submitting a request to Us at support@rostr.in. We will make every effort to respond to Your request for termination at the earliest. You will remain responsible for all transactions that occurred prior to termination of Your Account.

XVII. Disclaimer

    1. You agree that Rostr is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. Rostr does not endorse, advertise, advise or recommend You to avail the Services of any Driver. Rostr also does not guarantee or provide assurance in respect of the behavior, actions or data of the users posted on the Site.

    1. This Application and all content on the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Application, that Your access of the Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Application, and that Rostr shall not be liable for any damages of any kind related to Your access and use of this Application.



    1. The Service is provided on an “as is” and “as available” basis. We do not guarantee and do not promise any specific results from use of the Application and/or the Services, including the ability to avail the Services at any particular location or time. We disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness. Without prejudice to the forgoing paragraph, We do not warrant that:

  • The Application will be constantly available, or available at all; or

  • The information on the Application is complete, true, accurate or non- misleading; or

  • The Application; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Application; their servers; or electronic communication sent from Us are free of viruses or other harmful components; or

  • Content on the Application constitutes, or is meant to constitute, advice of any kind;

    1. We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.



    1. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Application.



    1. All the Vehicles registered with Rostr are continuously tracked using GPS for security reasons only. It is expressly made clear to You hereby that Rostr does not own any cabs nor does it directly or indirectly employ any of the TSPs for the vehicles. Rostr disclaims any and all liability in respect of the TSPs and the Vehicles alike.



    1. The location data made available on the Application is basic is nature, and meant to provide guidance to TSPs only. You acknowledge that it is not intended to be relied upon in situations where precise location information is required, or where erroneous, inaccurate or incomplete data may lead to death, personal injury, property or environmental damage. Rostr does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed



    1. Rostr 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. 



    1. The User hereby acknowledges and agrees that the restrictions and disclaims mentioned in this Terms of Use, are reasonable and fair and the User is in full accord as to their necessity for the reasonable and proper protection of Rostr’s business, goodwill, existence and continuity. 



    1. All images, audio, video and text in the Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.



XVIII. Modification of the Service and User Terms

  1. We reserves the right, at its sole discretion, to modify or replace, in part or full, any of the features or the Service and / or Application at any time.

  1. We reserve the right to change any of the T&Cs or any policies or guidelines governing the Application or Services, at any time and at Our sole discretion. Any changes will be effective upon posting of the revisions on the Application and We may send You an automated e-mail to Your Email ID informing about the changes made. You can see the date on which these T&Cs were last updated by referring to the legend ‘Last Updated on’ at the beginning of these T&Cs.

  1. Unless otherwise specified by Us, revised T&Cs will take effect automatically and be binding from the day they are posted on the Application. By continuing to access or use Services, You will be deemed to have agreed to accept and be bound by such revised T&Cs. If You do not agree to the revised T&Cs, You should discontinue accessing Our Application or using Our Services immediately.

  1. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these T&Cs, at any time without any prior written notice to You. It is Your responsibility to review these T&Cs periodically for updates/ changes. Your continued use of the Application following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these T&Cs, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Application.

XIX. Privacy and Security

    1. We will take every reasonable effort not to share any of trip details, Registration Data or other personal information (collectively, “Personal Information”) You provide Us, except as required under any Applicable Law, or to the limited extent necessary for Us to implement any booking instructions We receive from You, or as per Our privacy policy. Please read Our privacy policy for further details regarding the use of Your Personal Information. We will bear no liability for the consequences in any event where Your Personal Information has been willingly or inadvertently shared by You with any third party.

    1. You acknowledge that the information made available by You on the Application, including location data, may be accessible to certain other users of the Application.

    1. You hereby expressly consent to receive communications from Us through Your registered phone number and/or Email ID. You consent to be contacted by Us via phone calls and/or SMS notifications. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.

    1. You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account and the Application, whether initiated by You or any third party. The password and other details of the Account should not be shared with any third party. Your Account is non-transferable and is not capable of being transferred/ sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.

    1. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Application and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain Personal Information about You on the public forum due to Your use of the Application, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Application You acknowledge and agree that We shall not be responsible for the use of any Personal Information that You publicly disclose or share with others on the Application. Please carefully select the type of information that You publicly disclose or share with others on the Application, or from the Application on other social platforms.

XX. Notices and Communication

1. Any notice or notification in relation to these T&Cs which You wish to make to Us must be made in writing to:

Attn:

Address:

E-mail:

2. All Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support.

3. You will be subject to Our T&Cs and privacy policy.

XXI. Indemnity 


You shall indemnify and hold harmless Rostr, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, to the fullest extent from any Claim or demand, losses, suffered or incurred, or likely to be suffered or incurred or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party, or misrepresentations made by You, promptly upon demand. 

XXII. Force Majeure

We shall not be liable for any failure to perform any obligations under this T&Cs, if the performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.

XXIII. Waiver

Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or T&Cs should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.

XXIV. Customer Grievance Redressal Policy

If You are not satisfied with the quality of Service(s) offered or have any other complaints or grievance, please contact Our customer care at support@rostr.in.

Any person aggrieved or suffers as a result of access or usage of the Application can notify us in the form of a written complaint within 5 (five) business days of the act. Rostr shall redress the complaints within 1 month from the date of receipt of the complaint

XXV. Severability

If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.

XXVI. Governing Law and Dispute Resolution

    1. Any dispute, controversy or claim arising out of or relating to this T&Cs or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation at such offices of Rostr as Rostr may designate. If the Dispute is not settled amicably as aforesaid within a period of 14 (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be presided over by a sole arbitrator mutually appointed by Us and the Customer.

    1. The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Bengaluru.

    1. This T&Cs shall be governed by and construed in accordance with the laws of India and, subject to this Clause, We and You agree and undertake that any controversy or claim arising out of or relating to these T&Cs will be adjudicated exclusively before a competent court in Bengaluru, India only.

XXVII. Contact Us

 
Please contact Us at support@rostr.in for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Application. 

Copyright © Shibu Smart Solutions Private Limited.


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