Welcome To Goaira Terms & Conditions

• A. General Terms:
  By using the Service (as defined below), you agree that you have read and understood the terms in this which are applicable to you. These Terms and conditions and the GOAIRA Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and GOAIRA (as defined below). By clicking on the “I ACCEPT” button, you are consenting to be bound by these User Terms. This Agreement applies to your use of the Service provided by GOAIRA. If you do not agree to the Terms of Use please do not use or continue using the Platform (as defined below) or the Service.
  GOAIRA may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on http://www.goaira.com or the Application. It is your responsibility to review the Terms and conditions and GOAIRA Policies regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
  Goaira is a technology company which provides a platform for users to obtain or procure services. Depending on the service in question, the services may be supplied by goaira or a third party provider. Where the service is provided by a third party provider, goaira’s role is merely to link the user with such third party provider. Goaira is not responsible for the acts and/or omissions of any third party provider, and any liability in relation to such services shall be borne by the third party provider. Third party providers shall not represent to be an agent, employee or staff of goaira and the solutions provided by third party providers shall not be deemed to be provided by goaira.

• 1. Definitions:
  All of the defined and capitalized terms in these Terms and conditions will have the meaning assigned to them here below:
  i. “Application” means the relevant mobile application(s) made available for download by GOAIRA (or its licensors) to Users and Third Party Providers respectively;
  ii. “Additional Fee” shall mean any toll duty, inter-state taxes, etc. as may not be included in the Fare or not already paid as a part of the Total Ride Fee but payable to any third party / government authorities for undertaking the Ride under Applicable Law.
  iii. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
  iv. “Customer/ You” means a person who has an Account on the Application.
  v. “Platform” means the Application, Software and any other platform, portal or website which GOAIRA owns, operates or otherwise makes available to Users and/or Third Party Providers for the purposes of or in connection with the Service and/or Solutions;
  vi. “Platform Content” means any content as made available on the Platform or any part thereof;
  vii. “Privacy Policy” means our privacy policy accessible at: https://www.goaira.com/privacy/ as amended from time to time;
  viii. “Service” means the linking of Users to Third Party Providers or other Users to facilitate the Solutions;
  ix. “Ride” shall mean the travel in the Vehicle by the Customer facilitated through the Site.
  x. “Software” means any software in connection with the Application, Service and/or Solutions which is made available by GOAIRA;
  xi. “Solutions” means the following transportation and/or other services which are made available to Users through the Service (each a “Solution”) (Fleet and Sarathy) and any such other services which GOAIRA may make available from time to time;
  xii. “Third Party Provider” means the independent third parties who provide the relevant Solutions to Users through the Service, including drivers and third party merchants.
  xiii. “T&Cs” and “User Terms” shall mean these Customer terms and conditions
  xiv. “User” means any person who accesses or uses the Platform to search for and obtain the Solutions; and
  xv. “User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions;
  

• 2. Eligibility, Guarantee and Commitment:
  While using the Service of GOAIRA
  i. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;
  ii. All the information which you provide shall be true and accurate;
  iii. You will only use the Platform and Service for their intended and lawful purposes;
  iv. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
  v. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
  vi. You will not try to interrupt or harm the Service and/or Platform in any way;
  vii. You will not attempt to commercially exploit any part of the Platform without our permission, including without limitation modify any of the Platform’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
  viii. You shall not impair or circumvent the proper operation of the Platform and network which the Service operates on;
  ix. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
  x. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
  xi. You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes;
  xii. You will not use the Platform to cause nuisance or behave in an inappropriate or disrespectful manner towards GOAIRA or any third party;
  xiii. When using the Service/Platform, you agree to comply with all laws applicable to you and/or your use of the Service/Platform;
  xiv. You will not copy or distribute the Platform or any content or part thereof without written permission from GOAIRA;
  xv. You will provide accurate, not misleading, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, not misleading, current and complete at all times during the term of the Agreement.
  xvi. You agree that GOAIRA may rely on your information as accurate, not misleading, current and complete.
  xvii. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, GOAIRA has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  xviii. You will only use an access point or account which you are authorized by GOAIRA to use;
  xix. You agree that the Service is provided on a reasonable effort basis;
  xx. You agree that your use of the Service will be subject to the GOAIRA Policies as may be amended from time to time;
  xxi. You agree to assist GOAIRA with any internal or external investigations as may be required by GOAIRA in complying with any prevailing laws or regulations in place;
  xxii. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, GOAIRA or any other party as a result of your breach of this Agreement;
  xxiii. You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud GOAIRA or to disrupt the natural functions of the Platform; and
  xxiv. You provide us the phone numbers of GOAIRA users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorized to provide us with such numbers to enhance the Service/Platform for your use or such other purpose as we may communicate to you before or at the point of provision.
  

• 3. Third Party Eligibility, Guarantee and Commitment:
  i. If applicable, you possess a valid driver’s license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation or delivery services for hire to third parties in the jurisdiction in which you use the Service;
  ii. If applicable, you own, or have the legal right and authority to operate, and you have all appropriate licenses and approvals in respect of, the vehicle, motorcycle, bicycle or other mobility device (“Vehicle”) which you intend to use when providing transportation or delivery services for hire, and such Vehicle is in good operating condition and meets the industry safety standards for Vehicles of its kind;
  iii. If applicable, you will use the appropriate road safety equipment (e.g. helmet);
  iv. If applicable, you have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your Vehicle and/or business insurance to cover any anticipated losses related to the operation of a taxi/passenger transportation service or other delivery service;
  v. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the transportation/delivery service provided by you;
  vi. You shall obey all local laws related to the operation of a taxi/passenger transportation service or other delivery service and will be solely responsible for any violations of such local laws;
  vii. You shall not contact Users for purposes other than in connection with the Service;
  viii. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform, or any other customer of GOAIRA, including without limitation any user account not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Platform;
  ix. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;
  x. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;
  xi. You agree that you are forbidden from giving out coupons and suggesting any other form of discounts to the Users. You are strictly forbidden to use the Service and Platform for other purposes such as but not limited to data mining of GOAIRA’s information or information related to the Platform or the Service. A breach hereof constitutes a grave offence and GOAIRA reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service/Platform other than for the purpose for which it is intended to be used; and
  xii. Without prejudice to any other provisions, information which you have submitted to us for your registration as a Third Party Provider on the Platform, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Platform or otherwise be temporarily displayed in the course of the Services on the Platform. You hereby give your consent to such use of information for the purposes of the Solutions, and to facilitate your use of our products and services. Your use of the Platform or any part thereof may be monitored by us or a third party service provider to provide you with information on your business and account as well as better services. You further agree that any personal data you receive via the Platform or otherwise in connection with the Solutions shall only be used for the direct and specific purpose for which you are originally provided the personal data, and such personal data shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a User via the Platform for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.
  .

• 4. Consumer Eligibility, Guarantee and Commitment:
  i. Your use of the Service and Platform is, unless otherwise allowed by GOAIRA, for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Minor”), in which case you shall assume primary responsibility of the Minor;
  ii. If you are using the Service and Platform for the purpose of accessing a personal mobility device (PMD) made available to you, you warrant that you are of full age under the applicable laws to operate the PMD;
  iii. Where applicable, you agree to indicate the accurate number of passenger(s) when requesting for the Service.
  iv. You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the third party transportation provider is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy on GOAIRA’s website;
  v. You shall not contact the Third Party Provider for purposes other than the Service;
  vi. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third Party Provider or the Vehicle;
  vii. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Platform except for your personal, non-commercial use;
  viii. Where applicable, you will not copy any content displayed through the Platform, including any third party product content and reviews, for republication in any format or media;
  ix. You acknowledge and agree that only one (1) account can be registered on one device;
  x. You are aware that when requesting Solutions by SMS or by using the Service or accessing the Platform, standard telecommunication charges will apply; and
  xi. You agree that GOAIRA may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.
  

• 5. Adaptability:
  Different models or versions of routers, browsers and devices may have firmware or settings that are not adaptable with the Platform or part(s) thereof. While we continuously develop the Platform in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Platform is likely to be accessed from, we do not warrant adaptability of the Platform with specific mobile devices or other hardware.

• 6. License Permit and Limitations:
  i. GOAIRA and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Platform to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by GOAIRA and its licensors.
  ii. You shall not license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or any parts thereof in any way;
  iii. You shall not modify or make derivative works based on the Platform or any parts thereof;
  iv. You shall not “mirror” the Platform or any parts thereof on any other server or wireless or internet-based device;
  v. You shall not except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer,
  decrypt or attempt to derive and code or extract software from, the Platform or any software or services made available on or through the Platform;
  vi. You shall not use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Platform; (b) to conduct data mining or scraping activities, or (c) in any way reproduce or circumvent the navigational structure or presentation of the Platform or its content;
  vii. You shall not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
  viii. You shall not remove any copyright, trademark or other proprietary rights notices contained on the Platform; or
  ix. You shall not use the Platform to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Platform or the data contained therein; (e) attempt to gain unauthorized access to the Platform or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.
  

• 7. Payment Terms:
  i) Consumers:
  a) Consumers are required to make full payment of the User Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.
  ii)Third Party Providers:
  b) The fees which you pay GOAIRA for the Service are due immediately and are non-refundable (“Service Fee”). This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Platform, our decision to terminate or suspend your access to the Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
  c) You acknowledge and confirm that GOAIRA may administer and act as your collection agent to pay to you the total amount of user charges due to you in respect of your provision of the solution.
  d) GOAIRA retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold GOAIRA liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
  e) GOAIRA may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Users whereby these promotional offers shall accordingly be honored by you. GOAIRA may change the Service Fee at any time at its sole discretion.
  

• 8. Cancellation:
  i) Third Party provider cancellation terms:
  a) The Users rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Users’ bookings will impair the Users’ experience and negatively impact the reputation and branding of GOAIRA.
  b) While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. GOAIRA reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.
  ii) Fleet consumers cancellation terms:
  a) Unless otherwise stated in any GOAIRA Policy, you may cancel your request for transportation services at any time before you commence your ride with the Third Party Provider that has been matched with you by the Service.
  b) If you decide to cancel your ride booking or do not show up at the designated location, you will not be charged a Cancellation Fee via the Cancellation Policy on GOAIRA’s website.
  c) If you feel you were incorrectly charged a Cancellation Fee, you may contact GOAIRA customer support on GOAIRA’s website / application. GOAIRA reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey or any other mode of payment.
  

• 9. Ratings and Complaints:
  Users and Third Party Providers may be allowed to rate each other in respect of Solutions provided. Every rating will be automatically logged onto GOAIRA’s system and GOAIRA may analyze all ratings received. GOAIRA may take all appropriate actions including suspending your use of the Service without any notice or compensation to you. Any complaints between Third Party Providers and Users must be taken up with each other directly.

• 10. Intellectual Property Ownership:
  GOAIRA and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service and/or any Solution. The Terms and conditions do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service and/or the Platform, or any intellectual property rights owned by GOAIRA and/or its licensors. GOAIRA’s name, GOAIRA’s logo, the Service, the Platform and the third party transportation providers’ logos and the product names associated with the Software and/or the Platform are trademarks of GOAIRA or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term “Platform” shall include its respective components, processes and design in its entirety.

• 11. Taxes:
  i. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend GOAIRA to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
  ii. If you are a Third Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
  

• 12. Confidentiality:
  i. You shall maintain in confidence all information and data relating to GOAIRA, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of GOAIRA (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from GOAIRA, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without GOAIRA’s prior written consent, disclose such information to any third party nor use it for any other purpose.
  ii. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information was at the time of receipt already in your possession or becomes in the future, public knowledge through no fault or omission on your part;
  iii. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information was received from a third party having the right to disclose it; or is required to be disclosed by law.
  

• 13. Data Privacy and Personal Data Protection Policy:
  i. GOAIRA collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of GOAIRA’s Services and its terms are made a part of this Agreement by this reference.
  ii. Where applicable, you agree and consent to GOAIRA, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.
  iii. You acknowledge that GOAIRA may disclose Personal Data of other individuals to you in the course of your use of GOAIRA’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by GOAIRA, and not for any other unauthorized purposes.
  

• 14. Third Party Interactions:
  i. During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform. Any such communication or agreement is strictly between you and the applicable third party and GOAIRA and its licensors shall have no liability or obligation for any such communication or agreement. Neither GOAIRA nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform, and in no event shall GOAIRA, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers of transportation, goods and/or services may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and GOAIRA is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. GOAIRA is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.
  ii. GOAIRA may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings.
  iii. You agree and allow GOAIRA to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service, Platform and/or advertising or marketing material supplied by third parties through the Service.
  iv. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
  v. You acknowledge that in addition to utilising data from the Data Sources listed in Clause 8 of Section B, the Platform utilises and modifies search results from Google Maps services and content, and that by using the Platform, you agree to comply with (a) the Google Maps/ Google Earth Additional Terms of Services at https://maps.google.com/help/terms_maps.html; (b) the Google Privacy Policy at https://www.google.com/policies/privacy/; and (c) the Google Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/. You further agree that when using the Platform you shall not:
  vi. copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any of the source code of Google Maps;
  vii. sublicense, transfer or distribute Google Maps;
  viii. sell, resell or otherwise make Google Map available to a third party as part of a commercial offering that does not have material value independent of Google Maps; or
  ix. access or use Google Maps in a manner that is illegal or which is likely to result in a circumvention of any fees payable to Google.
  x. Save for factual, truthful and not misleading references through a plain text link to http://www.GOAIRA.com or URL(s) which GOAIRA may specifically provide you with, any linking to the Platform or any part thereof is strictly prohibited in the absence of prior approval by GOAIRA. Notwithstanding any other provisions, any website, software, platform or other device that links to the Platform or any part thereof is prohibited from (a) replicating any Platform Content, (b) using a browser or border environment around the Platform Content, (c) implying in any fashion that GOAIRA is endorsing it or its products or services, (d) misrepresenting any state of facts, including its relationship with GOAIRA, (e) presenting false information about products or services of GOAIRA, and (f) using any logo or mark of GOAIRA without prior written approval from GOAIRA.
  

• 15. Indemnification:
  By agreeing to the Terms of Use upon using the Service or accessing the Platform, you agree that you shall indemnify and hold GOAIRA, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform and/or any part thereof in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform and/or any part thereof; and (e) where applicable, your ownership, use or operation of any Vehicle, including your provision of Solutions to Users via the Service where applicable.

• 16. Disclaimer of Warranties:
  i. GOAIRA makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. GOAIRA does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, services, information or other materials purchased or obtained by you through the Platform will meet your requirements or expectations. The Service and the Platform are provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.
  ii. GOAIRA makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to GOAIRA in respect of the same.
  iii. Where applicable, GOAIRA’s role as collection agent is solely mechanical and administrative in nature and GOAIRA does not owe to you a duty of care or any fiduciary duties.
  

• 18. Limitation of Liability:
  i. Unless otherwise stated, and to the fullest extent allowed by law, any claims against GOAIRA by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the service during the event giving rise to such claims. GOAIRA and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the service or solution, including but not limited to:
  ii. Loss, damage or injury arising out of, or in any way connected with the service, the platform, application and/or the software;
  iii. The use or inability to use the service, the platform, application and/or the software;
  iv. Any reliance placed by you on the completeness, accuracy or existence of any advertising; or
  v. As a result of any relationship or transaction between you and any user, third party provider, merchant, advertiser or sponsor whose advertising appears on the platform or is referred to by the service and/or the platform,
  vi. Even if GOAIRA and/or its licensors have been previously advised of the possibility of such damages.
  vii. GOAIRA does not warrant or represent that it assesses or monitors the suitability, legality, ability, movement or location of any users or third party providers including merchants, advertisers and/or sponsors and you expressly waive and release GOAIRA from any and all liability, claims or damages arising from or in any way related to the users or third party providers including merchants, advertisers and/or sponsors.
  viii. GOAIRA will not be a party to disputes or negotiations of disputes between you and users or third party providers including merchants, advertisers and/or sponsors. Unless you are a corporate customer with a current corporate account with GOAIRA, GOAIRA cannot and will not play any role in managing payments between you and the third party providers, including merchants, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service and/or the platform (with all its implications) rests solely with and on you. You expressly waive and release GOAIRA from any and all liability, claims, causes of action, or damages arising from your use of the service and/or the platform, or in any way related to the third parties including merchants, advertisers and/or sponsors introduced to you by the service and/or the platform.
  ix. The quality of the solutions scheduled through the use of the service is entirely the responsibility of the third party provider who ultimately provides such solution to the user. You understand, therefore, that by using the service, you may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.
  

• 19. Notice:
  GOAIRA may give notice through the Platform, electronic mail to your email address in the records of GOAIRA, or by written communication sent by registered mail or pre-paid post to your address in the records of GOAIRA. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to GOAIRA (such notice shall be deemed given when received by GOAIRA) by letter sent by courier or registered mail to GOAIRA using the contact details as provided in the Platform.

• 20. Assignment:
  Unless otherwise stated herein, this Terms of Use as modified from time to time may not be assigned by you without the prior written approval of GOAIRA but may be assigned without your consent by GOAIRA. Any purported assignment by you in violation of this section shall be void.

• 21. Relationship:
  Nothing contained in these Terms and conditions shall be construed as creating any agency, partnership, or other form of joint enterprise with GOAIRA.

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

• 23. No Waiver:
  The failure of GOAIRA to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision.

• 24. Entire Agreement:
  TThis Agreement comprises the entire agreement between you and GOAIRA in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions, save where mutually agreed otherwise. For the avoidance of doubt, where you have entered into a separate written agreement with GOAIRA which incorporates a reference to these Terms and conditions, these Terms and conditions shall be applicable in addition to the said written agreement. In the event there are inconsistencies between these Terms and conditions and the separate written agreement, you agree to work with GOAIRA in good faith to resolve the conflicts or inconsistencies. Certain services made available on the Platform may be subject to additional terms and conditions, which will be communicated to you.

• 25. Suspension and Termination; Modification of Platform Content:
  i. You agree that we may do any of the following, at any time, without notice:
  a. modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform (including access to your account and/or the availability of any products or services), for any reason;
  b. modify or change any applicable policies or terms; and
  c. interrupt the operation of the Platform or any portion of the Platform (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.
  ii. We shall not be required to compensate you for any modification, suspension or termination.
  iii. Without prejudice to any other provisions, we may vary, modify or remove Platform Content without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the event any Platform Content contains any typographical errors, inaccuracies, omissions or otherwise violates GOAIRA Policies, we reserve the right to (but shall not be obliged to, save to the extent where mandated by applicable laws) carry out any such measures as GOAIRA deems appropriate (collectively, “Rectification Measure”) including without limitation (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) where applicable, canceling the affected orders at any time without prior notice (including without limitation after an order has been submitted).
  

• 26. No Third Party Rights:
  Except for the parties who are indemnified pursuant to the indemnification provisions set out herein, this Agreement does not give rights to any third parties who are not party to this Agreement.

• B. OTHER SERVICES TERMS AND CONDITIONS:
  

• 1. Creation and Monitoring of Self-funded Marketing Activities:
  You may be able to create a campaign, participate in promotion or place an order for advertisement(s) on the Platform PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign, promotion and/or advertisement (“Marketing Activity(ies)”). In creating or otherwise indicating consent to participate in a Marketing Activity, you may be required to indicate information such as the type of Marketing Activity, budget for the Marketing Activity and/or the proposed duration for the Marketing Activity. The types of Marketing Activities which you may choose from the Application may be varied from time to time at GOAIRA’s sole discretion, and where provided, suggested or offered, you agree and acknowledge that they are made available on an ‘as-is’ basis. By creating or participating in any Marketing Activities, you accept the following additional general conditions:
  i. Any information submitted through your account to us (whether via our Application or otherwise), including without limitation the submission of your consent to participate in a Marketing Activity and acceptance of the applicable terms, shall be deemed to have been submitted by you, regardless of whether they are submitted on your behalf by your employee or other individuals. You are solely responsible to ensure that only authorized individuals have access to your account.
  ii. Any information you input into the Platform where required or otherwise provided to us must be complete, truthful, accurate and not misleading.
  iii. Your intention to create or otherwise indicate consent to participate in a Marketing Activity must be genuine and must not be conducted in a manner which may be misleading to the Users. You shall indemnify us in the event where we incur any losses or damages arising from or in connection with the Marketing Activity.
  iv. Depending on the type of Marketing Activity elected by you, the way in which we may facilitate the Marketing Activity may differ. You agree that it is your responsibility to review any and all information made available by us to understand how each type of Marketing Activity will be facilitated. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating or otherwise indicating consent to participate in a Marketing Activity. By creating or otherwise indicating consent to participate in a Marketing Activity, you irrevocably agree to the way in which the Marketing Activity will be facilitated.
  v. You shall be responsible to directly handle any complaints or enquiries from Users in respect of the Marketing Activity.
  vi. In the event where you would like to end, pause or otherwise vary a Marketing Activity (for example, where the discounted item under the Marketing Activity has become out of stock prior to expiry of the said duration, where you would like to cancel the Marketing Activity or vary the budget indicated for the Marketing Activity), you must immediately indicate the same via our Application or otherwise in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the Marketing Activity and remain responsible to handle any enquiries or complaints from Users in respect of or in connection with the Marketing Activity.
  vii. Notwithstanding any provision otherwise and in any event, your creation or indication of consent to participate in a Marketing Activity does not indicate our approval that the Marketing Activity is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the Marketing Activity is, and will be conducted, in accordance with the applicable law.
  viii. While we do not supervise or monitor the Marketing Activity, we reserve the rights to (but are not obliged to) cancel, take down, suspend or otherwise vary the Marketing Activity as we deem fit, without being liable for any damage or loss whatsoever, including any refund of the fee or cost which you have paid for the purposes of the Marketing Activity.
  ix. You agree to pay to GOAIRA any and all costs and expenses in connection with the Marketing Activity. Notwithstanding any other provisions, you authorise GOAIRA and its affiliates to directly deduct any amount payable by you to GOAIRA or its affiliates, including without limitation the said costs and expenses in connection with the Marketing Activity, (“Amount Payable”) from any amount receivable by you as a Third Party Provider (including without limitation your balance in the merchant wallet on the Platform) (“Amount Receivable”) prior to crediting the Amount Receivable to the bank account(s) which you have instructed GOAIRA or its affiliates to transfer the Amount Receivable to. We reserve the right to change the payment method or otherwise set off the Amount Payable against your Amount Receivable by providing reasonable notification to you, or to issue an invoice for the Amount Payable where we deem appropriate.
  x. You must notify us immediately if your account has been used without your authorization to create or otherwise indicate consent to participate in a Marketing Activity or where any other breach of security has occurred. In such an event, you agree to indemnify us for any losses or damages that we incur as a result of the unauthorized use (including but not limited to bearing the costs or expenses which have been incurred due to the Marketing Activity created or launched using your account). For the avoidance of doubt, we will not be liable for any losses that you incur as a result of someone else using your account.
  xi. You agree that any amount payable to you by Users for each order placed pursuant to the Marketing Activity may be rounded in accordance with our internal policies which we may update from time to time.
  

• 2. Submission and Variation of Content:
  We do not claim ownership of any content or information that you upload on the Platform or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you (a) grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and (b) undertake that you have the right to grant us such licence.
  We may enable you to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu) or certain content submitted by User(s) in order to facilitate the Solution including without limitation detail(s) of an order placed by a user. You acknowledge that any such content or information may be made available in real time to end customers via our Platform or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the User(s) in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted or amended by you (via the Platform or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights. In the event where you amend any content submitted by user(s) such as an order placed by a User, you further agree that by amending such content, (1) you have obtained the prior consent or acceptance from the affected User; and (2) GOAIRA is not involved in and will not be responsible for the amendments made by you, though GOAIRA reserves the right to (but is not obliged to) carry out Rectification Measure(s) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.

• 3. Franchise Administration:
  You may appoint additional Company Admins at your discretion, and GOAIRA will provide the necessary Portal login credentials to you. You agree to (a) maintain all Portal login credentials in confidence, (b) only permit the lead Company Admin and your other authorised company administrators to access the Portal, and (c) update all information of the lead Company Admin and other authorised administrators to ensure that it is current, accurate, and complete. You shall limit access to Portal Data to only those personnel who have a legitimate business need to access such Portal Data. You shall be responsible for all activities that occur under your Portal login credentials including keeping and maintaining an accurate list of current Authorised Users entitled to access Corporate Billing methods via the Portal. GOAIRA may review the current list of Authorised Users from time to time via the Portal to maintain and support the Application and Service and ensure compliance with the Terms of Use.

• 4. Fees and Payments Terms:
  Fees
  In consideration of the provision of the Solution and Platform provided by GOAIRA, including Corporate Billing, GOAIRA may charge a service or administration fee (the “Fees”) as determined by GOAIRA from time to time. You shall pay to GOAIRA all User Charges and the Fees on the terms set forth below. All Fees shall be exclusive of Value Added Tax (VAT). VAT includes Goods and Services Tax (GST) and/or similar sales taxes. If VAT is chargeable on any Fees, you shall pay the VAT amount to GOAIRA when making payment of the Fees. Fees paid shall be paid free of any deduction for withholding tax (if applicable).
  Payment Terms
  Subject to terms and conditions determined by GOAIRA in its sole discretion, you will be able to access monthly reports (each, a “Monthly Report“) for User Charges incurred by Authorised Users utilising Corporate Billing during the preceding month (“Monthly Billing“). If you qualify for and elect to participate in Monthly Billing through the Portal, User Charges and Fees shall be billed to you monthly as set forth in the Monthly Report, and each such Monthly Report shall be payable in full by you within thirty (30) days from the date of such Monthly Report.
  User Charges
  Unless otherwise indicated on an Authorised User receipt, all payments made pursuant to this Terms of Use are exclusive of applicable taxes, and you agree to be responsible for the payment of any such taxes assessed on User Charges, including VAT. You agree to provide information that GOAIRA may reasonably request in order for GOAIRA to be able to comply with its tax reporting obligations including, but not limited to, your registered company name, billing address, tax number (where applicable) and any other evidence that GOAIRA may require to show that you are a business conducting an economic activity. If you are participating in Monthly Billing, the Monthly Report will indicate Fees in the currency applicable to the place of incorporation only. If you are not participating in Monthly Billing, all payments shall be processed in the local currency applicable to the geography of the Authorised User’s applicable ride. All payments are non-refundable unless otherwise stated.
  For the purpose of clarity, all payments shall be made by you to the GOAIRA entity that is stated in the GOAIRA website / Application.
  

• 5. Term and Termination:
  These terms shall apply from the date of your Corporate User Account creation and shall remain in effect until it is terminated. Either you or GOAIRA may terminate this Agreement with or without cause upon 30 days’ advance written notice to the other party

• 6. Warranties and Disclaimer of Liability
  i. You represent and warrant that (a) you have the full right, power and authority to enter to this Agreement, and that (b) your acceptance of these Terms and conditions and performance of your obligations herein do not and will not violate any other agreement which you are party to.
  ii. You further represent and warrant that: (a) you have all rights and permissions necessary to provide GOAIRA with the Linking Data and any other information provided to GOAIRA hereunder in connection with the Service and Corporate Billing; (b) you have obtained legally adequate consent from Proposed Users and Authorised Users as necessary to provide GOAIRA with any personal data in connection with the Service and corporate payment methods including Corporate Billing, (c) you have notified, and obtained legally adequate consent from, Proposed Users and Authorised Users that GOAIRA will provide you with detailed trip/booking information for the rides or other bookings charged to your account, and (d) you are in compliance, and shall remain in compliance during the term of this Agreement, with all applicable local, city, state, federal, national, and international laws, rules and regulations relating to data protection, privacy, identity theft, data breach, consumer protection, and data security, and any applicable industry standards relating to privacy and data security.

• 7. Proprietary Rights:
  
  (i)No Publicity: Neither party may use or reference the other party’s name, logo, trademarks or service marks in a press release or otherwise without the prior consent of such other party in each instance.
  (ii)Ownership: GOAIRA and its affiliate companies are and shall remain the owners of all right, title and interest in and to the Service, Application and Portal including any updates, enhancements and new versions thereof, and all related documentation and materials provided or available to you or any Proposed User or Authorised User in connection with these Terms and conditions.
  (iii)Geo Data: GOAIRA grants a limited, non-exclusive, non-transferable, revocable, royalty-free licence in India for the duration of your Corporate User Account, subject to the licence restrictions and the other terms in this Agreement, to use the GOAIRA Geo Data for the purposes of accessing and viewing of the Transaction Records for your internal business purposes. “Transaction Records” means the transaction records of Authorised Users who utilise the Solutions and which Authorised Users shall be permitted to view, retain and retrieve, in such form as determined by GOAIRA in its sole discretion. “GOAIRA Geo Data” means any geolocation data including but not limited to any aggregated or point of interest data, address, distance, and place name made accessible to you by GOAIRA relating to the Authorised User’s access of the Solutions.
  (iv)You and Authorised Users shall: i. not use the GOAIRA Geo Data for any purpose not permitted under this Agreement or in any manner contrary to any law or regulation or any regulatory code, guidance or request; and ii. not extract, export, scrape, utilise, use, exploit, distribute, redistribute, disseminate, copy or store the GOAIRA Geo Data or Transaction Records for any purpose not expressly permitted by this Agreement; and iii. at any time within 10 days of request from GOAIRA or upon the termination or expiry of this Agreement, destroy and purge from all its internal and backup systems any and all GOAIRA Geo Data (including any extracts and copies thereof), save that Transaction Records may be retained solely.

• 8. Disaster:
  Non-performance of either party of any obligations hereunder shall be excused to the extent and during the period that performance is rendered impossible by strike, fire, flood, earthquakes, governmental acts or orders or restrictions, failure of suppliers, or contractors, or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party.

• 9. Legal Fees
  In any legal proceedings between the parties, the prevailing party shall be entitled to reasonable attorney fees and all costs of proceedings incurred in enforcing this agreement