This Agreement was last modified on 31st August 2018.
This User Agreement describes the terms and conditions which you accept by using our Application/Website/
"Account" means the account associated with your mobile number.
"Buyer" means a User that purchases Seller Services or items from Sellers or identifies a Seller through the Website/Application. A User may be both a Buyer and a Seller under this agreement.
"Contest" means a contest that is promoted by a Buyer and in respect of which a Seller can submit one or more entries via the Website/Application.
"Contest Brief" means the document setting out the scope of a Contest, including but not limited to items such as a design brief.
"Contest Handover", in respect of a Contest, means the agreement between the Buyer and one or more winning Seller(s) under which each Seller will transfer to the Buyer ownership of the winning entry or entries.
"Dispute Resolution Process" means the process to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.
"Entrant" means a Seller who has entered a Contest.
"OhoRide", "we", "our", "
"OhoRide Verified" Users have been satisfactorily verified under the Know your Customer and Identity Verification Policy.
"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
"Hire Cab" or "Hire Cabs" means a service we provide to match a Buyer with a Seller in relation to the provision of location specific services.
"Post Booking" or "Listing" means a job offered or awarded by a Buyer via the Website/Application/
"Seller" means a User that offers and provides services or identifies as a Seller through the Website/Application/
"Seller Services" means all services provided by a Seller.
"OhoRide Services" means all services provided by us to you.
"User", "you" or "your" means an individual who visits or uses the Website/Application/
"User Contract" means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website/Application, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Booking terms as awarded and accepted on the Website/Application, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.
"Website/Application" means the Website/Applications operated by OhoRide and available at: ohoride.com and any of its regional or other domains or properties, and any related OhoRide service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.
By accessing the Website/Application/
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website/Application, without notice to you.
We may, from time to time, and without notice, change or add to the Website/Application or the information, products or services described in it. However, we do not undertake to keep the Website/Application/
Before using the Website/Application/
You will not use the Website/Application/
All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
Subject to your local laws, a person over 15 but under 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.
Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
While using the Website/Application/
We charge fees for certain services, such as introduction fees for Bookings, listing upgrades and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update by placing on our Website/Application. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post a temporary promotional event or new service on the Website/Applications, or as notified through promotional correspondence.
Unless otherwise stated, all fees are quoted in Indian rupees.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
Depending on your residency or location, you may be subject to certain ad valorem or other taxes (for example, GST in India), on certain fees that we charge. These taxes will be added to fees billed to you, if applicable.
You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
Certain Sellers who are either registered or required to be registered for GST may be required to charge GST to Indian Consumers on certain bookings. You will be notified and asked to confirm on award/accept of such booking the appropriate GST treatment.
You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate, affiliates, or any other third party to act as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf.
Such a third party will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent's negligence and/or acts beyond the authority given by OhoRide.
We may display your company or business name, logo, images or other media as part of the OhoRide Services and/or other marketing materials relating to the Website/Application, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing.
You acknowledge that we may use the public description of your Booking and the content of your profile information on the Website/Application for marketing and other related purposes.
When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Website/Application. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website/Application; and (3) any and all content submitted to the Website/Application is subject to our approval. We may reject, approve or modify your User content at our sole discretion.
You represent and warrant that your content:
You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of India or the EEC-area. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website/Application and OhoRide Services and may close your Account.
Information on the Website/Application may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website/Application as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website/Application, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The Website/Application may contain links to other third party Website/Applications. We do not control the Website/Applications to which we link from the Website/Application. We do not endorse the content, products, services, practices, policies or performance of the Website/Applications we link to from the Website/Application. Use of third party content, links to third party content and/or Website/Applications is at your risk.
In relation to deletion or hiding of any information or content, using the Website/Application to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.
You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website/Application while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website/Application from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the OhoRide feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Website/Application. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a Website/Application operated by OhoRide or its related entities, without our written permission.
Unless otherwise agreed with us, you must not advertise an external Website/Application, product or service on the Website/Application. Any Website/Application address posted on the Website/Application, including in a listing, bid, listing description, clarification board or the message board, must relate to a Booking, Contest, item listed, user or service being performed on the Website/Application.
We may display advertisements or promotions on the Website/Application. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as as result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by OhoRide or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
Communication with other users on the Website/Application must be conducted through the text, audio and or video chat functionality, along with message boards, public clarification boards, Booking message board, direct message sending and other communication channels provided on the Website/Application.
You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website/Application, except in the "email" field of the signup form, at our request or as otherwise permitted by us on the Website/Application.
Unless you have a prior relationship with a User, you must only communicate with Users via the Website/Application. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat or Yahoo.
In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.
OhoRide may use information such as your name, location, Cab, Cab Model, display or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps.
We may read all correspondence posted to the Website/Application and download or access, and test (if necessary), all uploaded files, programs and Website/Applications related to your use of the Website/Application for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.
You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your Mobile number/email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your passport/Pancard or drivers' licence). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Website/Application and/or OhoRide Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
We reserve the right to update your particulars on the Website/Application in order to match any KYC documentation that has been provided. Disbursements such as wire transfers from the Website/Application may only be made to the beneficiary matching your provided KYC documents and account information.
Upon the Buyer awarding a Booking or Contest to the Seller, and the Seller's acceptance on the Website/Application, or the purchase of a booking by a Buyer from the Seller, the Buyer and Seller will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.
You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Buyer or Seller, or in any other uses you make of the Website/Application.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.
Depending on their jurisdiction, Sellers and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.
Each User acknowledges and agrees that the relationship between Buyers and Sellers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between OhoRide and any User.
Each User acknowledges:
You may have positive funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Website/Application. If you are a Seller, you may have positive funds if you have successfully completed a Booking, or sold an item, and funds have been released to you. There are also circumstances where funds may have been credited to your Account in relation to an affiliate program or a referral program.
Funds in your Account are held by us in our operating accounts held with financial institutions. Funds in your Account are not held separately by us, and may be commingled with our general operating funds, and/or funds of other User's Accounts.
You are not entitled to any interest, or other earnings for funds that are in your Account.
We may receive interest on funds held by us in our operating accounts from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.
If your Account has negative funds, we may:
In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account.
We reserve the right to collect any funds owed to us by any other legal means.
You acknowledge and agree that:
We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.
If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction, this will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.
We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:
If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favour, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favour, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behaviour, while we investigate any such matter.
You may ask for a refund at any time for any funds that you have paid into your Account except if the amount to refund relates to a Milestone Payment or relates to fees or charges payable to us.
If the amount the User has asked to refund relates to: (1) a Milestone Payment, the Dispute Resolution Process may be followed; or (2) our fees and charges, the process set out in the Clause "Disputes with Us" must be followed.
If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us.
We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to the User in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.
You can request a refund by using our customer support Website/Application or emailing us at email@example.com Once you have made a milestone payment, you expressly agree to use the dispute resolution process in this agreement, expressly agree to be bound by its ruling and expressly agree not to initiate any chargeback request with your card issuer.
If you initiate any chargeback request or other "Request for Information" or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.
If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.
If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.
Your first withdrawal of funds earned may be delayed for up to fifteen days for security and fraud purposes.
Subsequent withdrawals may be delayed for up to fifteen days where our fraud prevention policies require a delay.
We may impose a minimum withdrawal amount for funds earned. This is set out in our schedule of Fees and Charges. The maximum you can withdraw per month is Rs1,00,000 unless otherwise specifically agreed with support.
We may require you to be OhoRide Verified before you can withdraw funds from your OhoRide account, irrespective of whether or not a delay has been enforced. For details of how to become OhoRide Verified please read the Know your Customer and Identify Verification Policy.
You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer policy, as outlined in the section on "Identity / Know Your Customer" sections of this agreement.
A chargeback (being a challenge to a payment that a User files with their card issuer or financial institution), and any subsequent reversal instruction, is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow such instructions.
You acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Buyers through the Website/Application, as well as any processing or any other fees whatsoever incurred by us on those chargebacks and reversals.
You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors). If you initiate any chargeback request or other "Request for Information" or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.
User Accounts that have not been logged into for a period of time will incur a maintenance fee per month, until either the account is closed or reactivated, for storage, bandwidth, support and management costs of providing hosting of the User's profile, portfolio storage, listing in directories, promotion of your profile on the Website/Application and elsewhere, provision of the HireMe service, file storage, message transmission, general administrative matters and message and other storage costs.
The length of the period and the amount of the maintenance fee is set out in our schedule of Fees and Charges.
We reserve the right to close an Inactive Account.
We reserve the right to close an account with nil or negative funds.
We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.
Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may take legal action against you to recover losses.
If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.
In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
This agreement supersedes any other agreement between you and the Company. If any part of this document is found to be unenforceable, that part will be limited to the minimum extent necessary so that this document will otherwise remain in full force and effect. Our failure to enforce any part of this document is not a waiver of any of our rights to later enforce that or any other part of this documents. We may assign any of our rights and obligations under this document from time to time.
If there is a dispute between participants on this site, or between users and any third party, you agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release the Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
You agree that you will not use any robot, spider, scraper or other automated means to access the Website/Application via any means, including for the avoidance of doubt access to our API or application programming interface, for any purpose without our express written permission.
Additionally, you agree that you will not:
You may close your Account at any time. The option is located in the Account Settings.
Account closure is subject to:
not having any outstanding listings on the Website/Application;
resolving any outstanding matters (such as a suspension or restriction on your Account); and
paying any outstanding fees or amounts owing on the Account.
We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website/Application and OhoRide Services.
In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.
You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website/Application, your Account or the OhoRide Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password.
We cannot and do not confirm each User's purported identity on the Website/Application. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that a User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.
The Website/Application is a dynamic time-sensitive Website/Application. As such, information on the Website/Application will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidentally by us or accidentally or purposefully by a third party.
Our Services, the Website/Application and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:
the Website/Application or any Seller Services or OhoRide Services;
the accuracy, reliability, availability, veracity, timeliness or content of the Website/Application or any Seller Services or OhoRide Services;
whether the Website/Application or Seller Services or OhoRide Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
whether defects in the Website/Application will be corrected;
whether the Website/Application, the Seller Services or the OhoRide Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website/Application, Seller Services or OhoRide Services;
any third party agreements or any guarantee of business gained by you through the Website/Application, Seller Services or OhoRide Services or us; or
the Website/Application, Seller Services or OhoRide Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
any indirect, special, incidental or consequential damages that may be incurred by you;
any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website/Application.
The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.
To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the OhoRide services again or the payment of the cost of having the OhoRide services supplied again.
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.
You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.
Legal notices will be served or to the email address you provide to OhoRide during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to OhoRide must be given by registered ordinary post (or if posted to or from a place outside India, by registered airmail).
This Agreement will be governed in all respects by the laws of India. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and OhoRide irrevocably submit to the non-exclusive jurisdiction of the courts of India.
The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
You consent to receive notices and information from us in respect of the Website/Application and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
It is important to read and understand all our policies as they provide the rules for trading on the OhoRide Website/Application. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our Website/Applications, including but not limited to:
Code of Conduct
Milestone Dispute Resolution Policy
Know Your Customer and ID Verification Policy
Copyright Infringement Policy
API Terms and Conditions
Exam Terms and Conditions
Each of these policies may be changed from time to time. Changes take effect when we post them on the OhoRide Website/Application. When using particular services on our Website/Application, you are subject to any posted policies or rules applicable to services you use through the Website/Application, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.
This Agreement contains the entire understanding and agreement between you and OhoRide. The following Sections survive any termination of this Agreement: Fees And Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, Legal Limitations, and Disputes With Us.
Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:
use of our services for any illegitimate or non bona fide purpose
creating problems with other users or potential legal liabilities
infringing the intellectual property rights of third parties
acting inconsistently with the letter or spirit of any of our policies
abuse of any staff members including inappropriate or unreasonable communications
abuse or poor performance in the Preferred OhoRide Program
any attempt to use OhoRide's platform or services for any objectionable purpose
If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our customer support Website/Application or emailing us at mailto:firstname.lastname@example.org