Terms & Conditions

1. Acceptance of Terms and Conditions

Thank you for visiting ShareGaddi. By using our app/website, you, the customer agree our Terms and Conditions that we, ShareGaddi with our registered office at E-261, IT Tower, Phase 8B Industrial Area, Sector 74, Mohali – 160055, Punjab, India have provided herein for use of this app and our services. By using the app/website, the members signify their acceptance to the Terms and Conditions and agree to be bound by them.

Please read this agreement carefully before using any facilities or services made available through or on the ShareGaddi app, you are agreeing and accepting to the Terms & Conditions that appear below. No access to the services will be permitted unless you accept the conditions in full. If you do not agree with the conditions, you cannot use the services.

With using our services all members agree to comply with the conditions and accept that their personal data may be processed in accordance with the Privacy Policy.

If a member fails to comply with any of the conditions, ShareGaddi reserves the right, but not the obligation at its own judgements, to withdraw the user account in question and suspend or withdraw all services without notice.

The conditions are intended to create binding rights and obligations between members and ShareGaddi in accordance with the Indian Contract Act, 1872.

2. Variation of the Conditions and Service

ShareGaddi reserve the right to modify these terms & conditions at any time. All modifications to these terms and conditions will be posted online. Such changes may include the look and feel of the site at any time without notice and without liability to members.

Any modifications to the app/website, services or conditions will take effect as soon as the changes are published on the app/website. Any material change to the conditions will be communicated to all members in an e-mail. Members will be deemed to have accepted the modified conditions in the event that they use any services offered through the app/site following publication of the modified conditions. Changes will not apply to any bookings made prior to publication of the modified conditions.

3. Use of our Service

User Account and Accuracy of Information

In order to use ShareGaddi carpooling services each member must create an account and agree to provide personal information requested by us. Members will be required to provide their first name, last name, age, valid telephone number, email address and photograph. Use of our service is limited to those over the age of 18 years at the time of registration.

Members should agree and accept that all the information provided by them to ShareGaddi when creating an user account are true, correct, complete and accurate in all respects. Members also need to accept that the information provided by them or posted on the app in connection with any trip, vehicle or car sharing will be true, accurate and complete.

You as a member must agree and understand that ShareGaddi does not carry out any verification to confirm the accuracy of the information provided by the members on the app or to a car-owner or co-traveller. ShareGaddi is not responsible to any member in the event that the information provided by another member is false, inaccurate, incomplete, misleading or fraudulent. Members are limited to create only one user account and no account may be created on behalf of or in order to impersonate another person.

No Commercial Activity and Status

ShareGaddi services are strictly limited to providing a service to car-owners and co-travellers to share their car in a private capacity. Our services not in any case should be used to offer or accept car sharing for hire or reward of for profit or in any commercial or professional context. Our services should only be used to offer and accept car sharing in exchange for sharing the cost of the trip between rider and traveller.

Car-owners agree that they should not obtain any hire or reward or make profit in any form from the car share trips. The service and cost contribution of the trip may only be used to discharge the s costs and not in any case be used to generate any hiring charges or rewards in any form. The is not allowed to make profit by virtue of the amount of the cost contribution, the types of trips offered, the frequency of such trips or the number of co-travellers transported.This applies to all activities, arrangements and services booked using ShareGaddi.

In addition to this, must not provide any additional services to the co-travellers in exchange for hiring charges or any reward or profit or otherwise. Co-traveller must also not accept or ask for such services which include package delivery, waiting time, additional drop-offs and pick-ups and collecting additional passengers. All trips, collection points and destinations need to be pre-agreed through ShareGaddi between the co-owner and co-traveller. Car-owners may not pick-up co-travellers from any location which has not been pre-agreed between both through ShareGaddi.

Members need to keep in mind that using the services and offering trips for hire or reward or in a commercial or professional capacity may invalidate s insurance and invite legal actions by the road transport authorities. ShareGaddi will not take any responsibility for the loss or damage incurred by the members as a result of breach by other members. Any offering of trips violating the conditions, ShareGaddi will have no liability towards members for such violations.

Status of ShareGaddi

ShareGaddi does not provide any transport services and we do not interfere with the trips, destinations or timings. The agreement for car sharing is between car-owner and co-traveller and ShareGaddi is not liable in respect of any matter arising which relates to a booking between members. ShareGaddi is not and will not act as an agent for any member. Breaching these conditions will give rise to immediate suspension of such member’s account and they may be restricted from accessing any further services.

Types of Booking and Payment

ShareGaddi offers its members an online booking service with a view to assist passengers to book the seats. We reserve the right not to offer the Booking Service to a trip due to:

  • Changes to applicable laws or changes in the practice of regulatory authorities or changes in case law.
  • Changes in market practices or technology.
  • Changes of business considerations underlying the booking services and
  • Other important and valid reasons.

ShareGaddi reserve the right to limit the number of members eligible to booking service for any trip.

Booking a shared ride for the trip – The car-owner provides details of his/her trip on our app specifying the date and time for departure and destination and all other relevant travel conditions.

The travellers can book one or more seats in the car for that trip from the app by clicking the Book button. ShareGaddi then will send an email confirmation to each one of you the rider and the traveller confirming the booking. Once the booking is complete, a separate binding agreement shall be formed between the car-owner and traveller.

Members have to accept that given the nature of the service riders and travellers will have no resource to ShareGaddi for any aspect of the transaction such as cancellation, last minute changes, failure of the rider and the passenger to turn up or not paying the charges. It is the car-owners responsibility to collect payment from travellers.

ShareGaddi will not contact any party and will not take any steps whatsoever than those described above to manage the booking. The trip is solely managed by the respective rider and traveller(s).

Note that ShareGaddi reserves the right to change any aspect of the App or the Service which may include adding new services or withdrawing any existing Services. We do not guarantee that the App will be functional at all times and Services may be suspended during such period when the App is not in operation. ShareGaddi will not be liable to any of the members when the App is non-operational.

Car-Owner and Co-Traveller Obligations

Car Owner’s Obligations

  • The Car Owner should agree that the trip shall not be for any fraudulent, unlawful or criminal activity.
  • Car-owners need to immediately inform all co-travellers of any changes to the trip. If one or more co-travellers have made a booking and the car-owner decides to change any aspect of the trip, they need to contact all co-travellers who have made a booking in relation to that trip and to obtain the agreement of all co-travellers to the change. If a passenger refuses the change, they are entitled to a full refund and without any compensation being paid to the car- owner.
  • They must comply with the Good Conduct Charter at all times.
  • They must wait for the co-traveller at the pickup point for at least 10 minutes after the agreed time.

Co-Traveller Obligations

  • The co-traveller should agree that the trip shall not be for any fraudulent, unlawful or criminal activity.
  • They should present themselves on time and at the place agreed with the car- owner. Co-travellers should immediately inform the car-owner or ShareGaddi if they want to cancel the trip.
  • That they will comply with the Good Conduct Charter at all times.
  • The co-traveller agrees to wait at the pickup point for at least 10 minutes after the agreed time for the car-owner to arrive.
  • That they will pay the Cost Contribution to the car-owner.

If the co-traveller or car-owner fails to comply with any of these terms or any other Conditions ShareGaddi reserves the right to publish or disclose this information on the member’s online profile and to suspend or withdraw the member’s access to the app.

Insurance

The car-owner should agree and undertakes to maintain a comprehensive insurance to cover third party liability, the occupants of the vehicle and the trip offered or booked through the app. The car-owner agrees that they will, on request, provide the co-traveller with evidence, in advance of the trip, of the complete validity of its insurance policy.

The car-owner should also hold a valid driving license and that the car-owner will own or entitled to use the vehicle and that the vehicle have a valid PUC (Pollution Under Control) certificate and the co-traveller is entitled to request evidence of the insurance, registration certificate, driving licence and PUC certificate at any time up to completion of the trip.

It is ShareGaddi’s understanding that governmental authorities take the view that a co-traveller who contributes only towards travel expenses is treated as travelling without hire or reward to the driver, and is therefore covered by comprehensive third party insurance policy in India. However ShareGaddi gives no warranty or assurance in this regard and it is the rider’s responsibility to verify that their insurance provides adequate cover.

It is up to each rider and passenger to confirm with each other that they are covered by valid insurance. The car-owner and the co-traveller should be aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the car-owner had made or was seeking to make a profit.

The car-owner should just collect the cost contribution from the co-traveller and the car-owner must not in any event provide vehicle on hire or for reward in any form.

The car-owner therefore undertakes to calculate their expenses like fuel, toll, maintenance, repairs, depreciation and insurance of their vehicle and guarantees that the total Cost Contributions requested from their co-travellers should not result in the vehicle running for hire or for reward.

If the car-owner does receive any hiring charges or reward, or if the insurers refuse to accept any claim arising during a trip for any other reason, the car-owner will be responsible for the financial consequences, losses and damages arising and ShareGaddi will not be liable under any circumstances.

ShareGaddi reserves the right to immediately suspend the account of a user including the money displayed and to make aware to competent authorities any professional activity.

Management of Disputes Between Members

ShareGaddi may at its sole decision provide members with an online service for resolving any disputes that may occur. This service is non-binding. ShareGaddi is under no obligation to seek to resolve disputes and this service is offered at ShareGaddi’s sole discretion and may be withdrawn at any time.

Verification of IDs and Phone Number

By accepting the terms and conditions mentioned here, every member or any person who wishes to register as a member with ShareGaddi agrees and consents that we may collect IDs/documents belonging to them including PAN card and Aadhaar card for the purpose of verification of the information.

To increase trustworthiness, prevent typo errors and wrong numbers, member may verify their mobile number. The member may do this by providing ShareGaddi with their mobile phone number, after which the member will receive a SMS with a 4-digit code which can be validated on the app.

Messages Between the Members

ShareGaddi may review, scan, and moderate the messages the members exchange with each other through the in-app chat facility. This is done to prevent fraud, customer support purposes, enforcement of the contracts entered into with ShareGaddi members and ensure compliance with applicable law. ShareGaddi may scan and analyse messages sent through the platform to check if they do not include any contact details or references to other website.

By using the App and accepting the T&C’s, all members agree that ShareGaddi, in its sole discretion, may review, analyse and moderate the messages exchanged through the App.

By using the messaging feature of the App, the members undertake not to write and send any message prohibited by applicable laws. In particular the members should refrain from writing/sending any message which:

  • Belongs to another person and to which the member does not have any right to.
  • Break/violate any patent, trademark, copyright or other proprietary rights.
  • Disregard any law for the time being in force.
  • Misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
  • Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic.
  • Harms minors in any way.
  • Impersonates another person.
  • Contains software viruses that limit the functionality of any computer resource and Threatens the unity, integrity, defense, security or sovereignty of India or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting.

In addition to this, the members should undertake to send messages only with respect to the booking of car-sharing and in line with the purposes of this app. The member should refrain from using the messages for private or confidential communications.

ShareGaddi reserves the right to filter or delete the messages and suspend or terminate the account of the member and the access of the member to the app if the moderation of the messages sent does not comply with the Conditions or applicable Indian laws.

Contacting Members

By accepting the T&Cs mentioned here, every member should agree and give consent to ShareGaddi to communicate via phone calls, SMS, email and such other means as ShareGaddi may believe fit. Such communications to members may be recorded through technical support for training purposes, quality and for regularly updating all the members about our services.

4. Disclaimer of Liability

Members may access the services provided by ShareGaddi app at their own risk and use their best judgment before entering into any agreement with other members. ShareGaddi will not be liable nor responsible for any actions of members nor for any breach of conditions or warranties by the members. ShareGaddi hereby expressly disclaims and any and all responsibility and liability in arising out of the use of the App.

ShareGaddi disclaims any warranties or representations in respect of trips, accuracy, reliability and completeness of information provided by members, or the content on the ShareGaddi platform. However, we will take precautions to avoid inaccuracies in content of the app/webite, all content and information, are provided without warranty of any kind. ShareGaddi does not implicitly or explicitly support or endorse any of the members availing services from the app.

ShareGaddi is not a party to any agreement between a car-owner and co-traveller and will not be liable to either the car-owner or the co-traveller unless the loss or damage incurred arises due to ShareGaddi’s negligence.

ShareGaddi is not liable for any loss or damage arising as a result of:

  • False or misleading, inaccurate or incomplete information being provided by a member.
  • Cancellation of a trip by the car-owner or co-traveller.
  • Failure to make payments of cost contribution.
  • ShareGaddi will not be liable to any member for any business, financial or economic loss or for any consequential or indirect loss such as lost of reputation, lost profit, lost of anticipated savings or loss of opportunity arising as a result of the services provided by ShareGaddi.
  • Given that car-owners are required to hold valid insurance and given that ShareGaddi’s service is limited to putting car-owners and co-travellers in touch with each other and cannot oversee any trip, members accept that the limitations on the ShareGaddi’s platform liability set out above are reasonable.
5. Indemnity and Release

Members will indemnify and hold harmless ShareGaddi, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions.

Members release ShareGaddi and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the members and specifically waiver any claims or demands that they may have in this behalf under any statute, contract or otherwise.

6. General Terms

Relationship :

No arrangement between the members and ShareGaddi shall constitute or be deemed to constitute an agency, partnership, joint venture or the like between the members and us.

Suspension or Withdrawal of App Access :

In the event of non-compliance on your part with all or some of the Conditions, you acknowledge and accept that ShareGaddi at any time without prior notification, interrupt or suspend all or part of the service or your access to the app temporarily or permanently.

Intellectual Property :

The format and content included on the App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ShareGaddi. It’s affiliates or its content suppliers are protected by India and international copyright, authors’ rights and database right laws. All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to ShareGaddi) which appear on the app.

The app/website or any portion of the app/website may not be reproduced, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent from us. No person is entitled to systematically extract and/or re-utilise parts of the contents of the app/site without the written consent from ShareGaddi. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this app/site is strictly prohibited.

Content of the Site Provided by the Members :

By displaying content on our app/site, members expressly grant a license to ShareGaddi to display the content and use it for any of our other business purposes.

Members of ShareGaddi are asked not to publish any defamatory, misleading or offensive content or any content which infringes any other person’s intellectual property rights or copyright. Any such content which is contrary to ShareGaddi’s policy and does not accept liability in respect of such content, and the member responsible will be personally liable for any damages or other liability arising and agrees to indemnify ShareGaddi in relation to any liability it may suffer as a result of any such content. However as soon as ShareGaddi becomes aware of infringing content, ShareGaddi shall do everything it can to remove such content from the App/Site as soon as possible.

7. Law and Jurisdiction

These terms shall be governed by the law of India and any disputes arising in relation to these terms shall be subject to the jurisdiction of the Courts of Mohali.

The Terms & Conditions is effective as of December 2018. Any material changes in the way we use personal information will be described in future versions of this Terms & Conditions.

If you have any questions/concerns regarding our terms & conditions, you can contact us via email at sharegaddi@gmail.com. Please write terms & conditions in your subject line. We will attempt to respond to all of your reasonable concerns or inquiries.

Thank you for using SHARE GADDI!