- Scope and Definitions
These Terms & Conditions (“Conditions”) is made by MyPravasi (as defined hereinafter) and shall apply to your visit and your use of Services (as defined hereinafter) provided through our Site and / or Application (as defined hereinafter).
Registered users are hereby allowed to use the Services, subject to acceptance in full, of the Conditions mentioned herein below and any other conditions as specified by MyPravasi from time to time on the Application and / or on the Site.
shall mean such mobile applications which are owned, maintained and operated by MyPravasi and all screenshots, pages appearing, appended, available along with such mobile applications;
shall mean such fees that shall be charged by MyPravasi for the Services provided by it, payable partly by Ride seeker and partly by Ride provider, at the end of each Ride and which would be some portion of fare for that Ride.
means the amount calculated at the end of each Ride on the basis of pre-disclosed parameters which shall be payable by a Ride seeker as part of his share towards the cost of the Ride.
shall mean 4iBiz Techno-Solutions Private Limited, a company incorporated under the Companies Act, 2013 with Corporate Identity Number U74999MH2016PTC285317 and having its registered office at B-401, Sannidhi Park, Hariom Nagar, Mulund (E), Mumbai –
400 081, Maharashtra, India, who owns, operates and maintains the Site and Application, providing web and mobile based digital platform for enabling peer to peer ride sharing, on mutual consent between a Ride provider and a Ride seeker.
means a Registered user who offers to share the Vehicle with a Ride seeker for a Ride in exchange for the fare, less Convenience Fees through the Site or Application.
means a Registered user who has accepted an offer to be transported by a Ride provider in the Vehicle for a Ride in exchange for the fare through the Site or Application.
refers to any persons who have registered themselves with MyPravasi by using the Site or the Application, after accepting the Conditions.
shall mean such privacy policies published on the Site and / or the Application along with these Terms and Conditions.
shall mean the mutually agreed sharing of a ride in the Vehicle of a Ride provider by a Ride seeker for a particular Ride in exchange for a fare and Convenience Fees.
means the website www.myMyPravasi.com and any other electronic medium platform maintained or operated by MyPravasi which offers similar services including any microsites or sub-sites offered through any such website.
refers to any service provided by MyPravasi through the Site or the Application to any Registered user who has accepted the Conditions.
means a given journey in relation to which a Ride provider and a Ride seeker have mutually agreed upon the communication enabled through the Site or the Application.
“Registered user Account”
means an account which shall be opened by any Registered user using the Site or the Application and used in order to access the Service provided by MyPravasi through the Site or Application.
means the vehicle owned by Ride provider or vehicle whose full capacity is rented by Ride provider for intra-city ride or inter-city ride, of which vacant space is offered by a Ride provider for Ride Sharing to a Ride seeker.
Acceptance of Conditions :
The Conditions apply to any and all uses of the Site or the Application by a Registered user. It is hereby agreed acknowledged and confirmed by the Registered users that by using the Site or Application, the Registered users signify their acceptance
to these Conditions in full and agree to be bound by them.
No access to the Services shall be permitted unless the Conditions are accepted in full. No Registered user is entitled to accept part only of the Conditions. If a Registered user does not agree to the Conditions, such Registered user shall not be
allowed to use the Services.
In the event that any Registered user fails to comply with any of the Conditions, MyPravasi reserves the right, but not the obligation at its own discretion, to withdraw the Registered user Account in question and suspend or withdraw all Services to
that Registered user without notice.
These Conditions are intended to create binding rights and obligations between the Registered users and MyPravasi in accordance with the Indian Contract Act, 1872 and all other applicable laws.
- Variation of the Conditions, Site, Application and Service :
MyPravasi reserves the right to change, modify or amend any or all the Conditions at any time without any prior notice. In addition, MyPravasi may vary or amend the Services provided through the Site or the Application, functionality of the Site and/
or the Application and/ or the “look and feel” of the Site and / or the Application at any time without notice and without any liability towards the Registered users.
Any modification to the Site, Application, Services or Conditions shall come into effect as soon as such changes are published on the Site and / or the Application.
Registered users shall be deemed to have accepted any varied Conditions in the event that they use any Services offered through the Site or the Application following publication of the varied Conditions. However, Changes will not apply to any
bookings which have been made prior to publication of the varied Conditions.
- Registered user Account and Accuracy of Information :
In order to use the Service each Registered user must create a Registered user Account and shall agree to provide any personal information requested by MyPravasi. Use of the Site and Application is limited to those over the age of 18 years at the
time of registration.
- Registered users agree and accept that all of the information provided to MyPravasi while setting up their Registered user Account and at any other time shall be true, correct, complete and accurate in all respects. Registered users also agree
that any information supplied to MyPravasi or posted on the Site and / or Application in connection with any Ride, Vehicle or Ride Sharing shall be true, accurate and complete.
- Registered users agree and understand that MyPravasi shall not undertake any verification to confirm the accuracy of any information provided by the Registered users on the Site and / or the Application or to a Ride seeker or Ride provider, as
the case maybe. MyPravasi shall not be liable to any Registered user in the event that any information provided by another Registered user is false, incomplete, inaccurate, misleading or fraudulent.
- Unless expressly agreed by MyPravasi, Registered users are limited to one Registered user Account per Registered user. No Registered user Account may be created on behalf of or in order to impersonate another person. If any person is found
impersonating another person then MyPravasi reserves the right to withdraw and / or suspend such Registered user Account.
- Services Provided by MyPravasi :
- MyPravasi provides an electronic platform though it’s Application and Site, on which Registered users can offer Ride Sharing or ask for Ride Sharing and then enter into a mutual agreement for Ride Sharing for a Ride, after seeing the profile of
each other, Vehicle and its fare parameters.
- Neither MyPravasi nor its Site or Application provides any transport services. The Services provided by MyPravasi correspond to providing web and mobile based platform, which enables Ride Sharing among the Registered users within city limits and
outside city limits, including inter-city all over India. Services are available only to those individuals or companies who can form legally binding contracts under the Indian Contract Act, 1872 and all other applicable laws. Therefore, Registered
user must not be a minor as per the laws of India i.e. Registered user must be at least 18 years of age to be eligible to use Services provided by MyPravasi. The agreement for Ride Sharing is between a Ride provider and a Ride seeker.
- Neither MyPravasi provides transportation services nor is a transportation carrier. It offers information and a platform to offer and make Ride Sharing possible, but does not intend to provide transportation services or act in any way as a
- MyPravasi does not have any say in any of its Registered user agreeing to or not agreeing to offering Ride or sending request for Ride or accepting request for Ride as part of Ride Sharing. The Registered users are independent entities and have
no contract with MyPravasi to provide any service to any Ride provider or Ride seeker, who are the Registered Registered users of MyPravasi. The contract with MyPravasi pertains only with use of services provided by MyPravasi. This Agreement does not
suggest or imply, any intention or attempt by MyPravasi, to coerce or force Ride provider or Ride seeker, to offer or request or accept Ride Sharing.
- MyPravasi shall charge Convenience Fees for providing Services, through the Site and / or Application. The Convenience Fees shall be pre-disclosed to the Registered users and could be some portion of fare.
- Special Covenants of Ride provider :
- The Site, Application and the Services are strictly limited to providing a Service for Ride providers and Ride seekers to enable Ride Sharing. The Services may not be used to offer or accept Ride Sharing for hire or reward or for profit or in any
commercial or professional context. The Services may be used only to offer or accept Ride Sharing in exchange for sharing the cost of the Ride between the Ride provider and the Ride seeker.
- Ride providers agree and confirm not to obtain any hire or reward or make profit in any form, from any Ride. The Service and the fare may only be used to discharge the part of Ride provider’s costs towards that Ride and shall not be used to
generate any hiring charges or reward or profit in any form by the Ride provider. The Ride provider hereby agrees that it is not entitled to make any profit by virtue of the amount of the fare, the types of Rides offered by a Ride provider, the
frequency of such Rides or the number of Ride seekers transported. This applies to all activities, arrangements and Services booked using the Site or Application.
- The Ride provider shall not provide any additional services to a Ride seeker in exchange for hiring charges or any reward or for profit or otherwise (and the Ride seeker shall not accept or ask for any such services) including (without
limitation) package delivery, waiting time, additional drop offs and pick-ups and collecting additional passengers (other than the Ride seeker).
- Ride provider offering Ride Sharing in owned car: Registered users are informed that using the Services and offering Rides in for hire or reward or in a commercial or professional capacity may invalidate a Ride provider’s insurance and invite
adverse legal actions by the road transport authorities. MyPravasi shall not be liable for any loss or damage incurred by a Registered user as a result of any breach by a Registered user of these Conditions, including where any Ride provider (in
breach of these terms) offers Services through the Site or Application in a professional or commercial capacity (thereby potentially invalidating their insurance). Any offering of Rides in violation of the Conditions or otherwise shall be at the sole
risk such Registered user and MyPravasi shall have no liability towards Registered users for such violations.
- Ride provider offering Ride Sharing in hired car: Ride provider shall offer Ride Sharing in a hired car only when a Ride provider has hired a vehicle in its full capacity and is allowed to go alone or with co-passengers in that hired car for
their Ride. Nevertheless, Registered users are reminded that the owner or any representative of the owner of such hired car may charge extra money to allow Ride provider to offer Ride Sharing to Ride seeker. In such circumstances, it shall be the
sole liability of the Ride provider to bear such extra charge with no recourse to MyPravasi or to Ride seekers. It is expressly stated that neither the Ride seeker nor MyPravasi would be held liable for such extra charge to be paid by the Ride
provider. In case the owner or a representative of the owner of hired car refuse to allow Ride provider offer Ride Sharing to Ride seeker, the Ride provider would immediately cancel the offered Ride Sharing through the Site or Application. MyPravasi
would not be held responsible for any loss or consequential loss borne by the Ride provider or Ride seeker or the owner or representative of owner of hired car due to such cancellation.
- Insurance :
- In case a Ride provider is offering Ride Sharing in owned cars:
- The Ride provider shall have a comprehensive insurance to cover third party liability.
- The Ride provider agrees that it shall, on request by the Ride seeker, provide enough documentary evidence, in advance of the Ride, of the complete validity of its insurance policy.
- The Ride provider also undertakes to hold a valid driving license, if he is offering Ride Sharing in a self driven car.
- It is hereby presumed by MyPravasi that governmental authorities take the view that a Ride seeker who contributes only towards travel expenses is treated as travelling without hire or reward to the driver, and is therefore a third party passenger
who is covered by comprehensive third party insurance policy in India. However MyPravasi gives no warranty or assurance in this regard.
- The Ride provider and the Ride seeker are aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Ride provider had made or was seeking to make a profit while offering Ride Sharing in
the car owned by Ride provider.
- If the insurers repudiate or refuse to accept any claim arising during a Ride for any reason whatsoever, the Ride provider shall be responsible for the financial consequences, losses and damages arising out of it and under no circumstances
MyPravasi shall be liable to the Ride provider or the Ride seeker.
- Management of Disputes Between Registered users
MyPravasi may at its sole discretion provide its Registered users with an online service for resolving disputes. This service is non-binding. MyPravasi is under no obligation to seek to resolve disputes and this service is offered at MyPravasi’s
sole discretion and may be withdrawn at any time.
- The payment for the fare shall be made by a Ride seeker using payment methods offered on the Application and / or Site.
- MyPravasi also offers its Registered users, the facility of making an online payment through Wallet Money, provided by a third party payment processor (“Payment Processor”). The processing of payments or credits, as applicable, in connection with
the use of Wallet Money will be subject to the terms, conditions, and privacy policies of the Payment Processor that MyPravasi engages for this purpose. MyPravasi shall not be responsible for any errors by the Payment Processor. In connection with
- MyPravasi would prescribe rate card for each type of Vehicle which would include unit rate per kilometre and unit rate per minute. The fare, payable by Ride seeker, would be calculated automatically by the system, taking into account distance
travelled and time taken for the Ride Sharing.
- MyPravasi would collect payment for the fare, from Ride seeker, on behalf of Ride provider. Ride seeker is required to make such payment, through Wallet Money or any other payment means provided on the Application or Site, to MyPravasi
immediately after completion of the Ride Sharing. Any failure by Ride seeker to make such payment would automatically disallow him to avail himself of Services provided by MyPravasi in future.
- MyPravasi may charge Convenience Fees which shall be some portion of fare. Such Convenience Fees shall be disclosed on its Site and / or Application. The total payment collected by MyPravasi from Ride seeker would be “fare + Ride seeker’s share
of Convenience Fees + applicable Government taxes on Convenience Fees”. The total payment to be reimbursed to Ride provider would be “fare – Ride provider’s share of Convenience Fees + applicable Government taxes on Convenience Fees”.
- MyPravasi would collect the amount equivalent to fare on behalf of Ride provider. The Convenience Fees is compensation of MyPravasi in lieu of services provided by it.
- Ride provider, at the end of Ride Sharing, shall be reimbursed by MyPravasi, with an amount equivalent to “fare, less Convenience Fees and applicable Government taxes” through Wallet Money or any other recognised and pre-disclosed payment means.
- MyPravasi would not be responsible for any tax incidence occurring on Ride provider on account of receipt of payment in lieu of Ride Sharing. It is our understanding that the Ride provider may not have to pay service tax on the payment received
from Ride seeker (collected from Ride seeker by MyPravasi and reimbursed to Ride provider by MyPravasi), if the total amount received from Ride Sharing and other services provided by Ride provider under individual capacity is less than Rs. 10 lakhs
per annum. However, the Ride provider is advised to consult tax advisors/consultants/chartered accountants to get full clarity on any incidence of direct or indirect taxation on account of Ride Sharing.
- MyPravasi’s compensation for providing its services is only to the extent of Convenience Fees and it would account for any direct and indirect taxes only to the extent of such Convenience Fees.
- MyPravasi, from time to time, may give certain free Ride Points to its Registered users as part of its promotional offers. Such Ride Points can be used by the Ride seeker to make payment for fare. The Ride provider would however be reimbursed by
MyPravasi through Wallet Money. As part of promotional offers, MyPravasi may also reimburse Ride provider, of Wallet Money, in lieu of the Ride Points in his account.
- Registered users acknowledge that the basic principle behind Service is that the Registered users should not make profit by Ride Sharing. The fare would be sufficient only to the extent to discharge the Ride provider’s liability towards the costs
for the Ride, which would include:
- For owned car: fuel, pro-rata maintenance expenses, pro-rata depreciation, pro-rata registration and insurance expenses, toll charges, parking charges and driver expenses or self driving notional labour expenses (as applicable).
- For hired car: car hire charges, waiting charges, parking charges and toll charge.
- Registered users are required to bring it to the notice of MyPravasi if they believe that such formula inflates the actual costs borne by them for the Ride and could lead them to make profit.
- Credit card, Debit card, prepaid cash cards and internet banking payments are processed through third party payment gateways. Similarly, other payment modes also require an authorization by the intermediary which processes payments. MyPravasi
would not be responsible for delays or denials at their end and processing of payments will be solely in terms of their policies and procedures without any responsibility or risk of MyPravasi. If there are any issues in connection with payments, a
complaint may be sent to MyPravasi. Registered users agree that in such an event of their credit being delayed or eventually declined for reasons beyond the control of MyPravasi, it will not be held liable in any manner whatsoever.
- Certain additional charges may be levied upon Registered users by MyPravasi, or by payment gateways, banks or other intermediaries, at the time of payment. Registered users agree to pay any such additional charges, which may vary between various
banks, payment processors or other intermediaries.
- Registered users shall access the Services on the Site and / or the Application at their own risk and using their best and prudent judgment and enter into Ride Sharing agreement with other Registered user registered on the Site and / or the
Application. MyPravasi will neither be liable nor responsible for any actions or inactions of Registered users nor any breach of conditions, representations or warranties by the Registered users. MyPravasi hereby expressly disclaims and any and all
responsibility and liability in arising out of the use of the Site and / or Application.
- MyPravasi expressly disclaims any warranties or representations (express or implied) in respect of Rides, accuracy, reliability and completeness of information provided by Registered users, or the content (including details of the Ride and fare)
on the Site or the Application. While MyPravasi will take precautions to avoid inaccuracies in content of the Site and the Applications, all content and information, are provided on an as is where is basis, without warranty of any kind. MyPravasi
does not implicitly or explicitly support or endorse any of the Registered users availing Services from the Site and / or the Applications.
- MyPravasi is not a party to any Ride Sharing agreement between a Ride provider and Ride seeker and will not be liable to either the Ride provider or the Ride seeker.
- MyPravasi shall not be liable for any loss or damage arising as a result of:
- A false, misleading, inaccurate or incomplete information being provided by a Registered user.
- The cancellation of a Ride by a Ride provider or Ride seeker.
- Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Ride provider or Ride seeker before, during or after a Ride.
- MyPravasi will not be liable to any Registered user for any personal, business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, lost of anticipated savings or lost
opportunity arising as a result of the Services provided by MyPravasi (whether suffered or incurred as a result of the MyPravasi’s negligence or otherwise).
- MyPravasi’s liability to any Registered user for all losses in respect of any Ride is capped at the sum of INR 1,000/- (Indian Rupees One Thousand only).
- Registered users will indemnify and hold harmless MyPravasi, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand made by any third party or penalty imposed due to or arising out of
breach of these Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
- The indemnification rights of the MyPravasi, its subsidiaries, affiliates and their respective officers, directors, agents and employees under this Terms and Conditions are independent of, and in addition to, such other rights and remedies as the
MyPravasi, its subsidiaries, affiliates and their respective officers, directors, agents and employees may have at law or in equity or otherwise, including the right to seek specific performance, rescission, restitution or other injunctive relief,
none of which rights or remedies shall be affected or diminished thereby
No arrangement between the Registered users and MyPravasi shall constitute or be deemed to constitute an agency, partnership, joint venture or the like between the Registered users and MyPravasi.
- Suspension or Withdrawal of Access to Site and Application
In the event of non-compliance on your part with all or some of the Conditions, you acknowledge and accept that MyPravasi can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or
your access to the Site and / or the Application (including in particular your Registered user Account).
- Intellectual Property
- The format and content included on the Site and the Application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MyPravasi, its affiliates or its content
suppliers and are protected under applicable copyright, trademark and other proprietary rights laws.
- All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to MyPravasi) which appear on the Site and the Application.
- The Site and Application or any portion of the Site and the Application may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of MyPravasi. No
person is entitled to systematically extract and/or re-utilise parts of the contents of the Site and Application without the express written consent of MyPravasi. In particular, the use of data mining, robots, or similar data gathering and extraction
tools to extract (whether once or many times) for re-utilization of any substantial parts of this Site and / orof Application is strictly prohibited.
- Content of the Site and Application Provided by the Registered users
- By displaying content on this Site and Application, Registered users expressly grant a license to MyPravasi to display the content and to use it for any of our other business purposes.
- Registered users of this Site and Application shall not upload, distribute or publish through the Site and / or Application, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act 2000 or such
other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to MyPravasi or that aids in providing the services offered by MyPravasi.
- Registered users of this Site and Application shall not disseminate or upload viruses, programs, or software whether it is harmful to the Website or not. Additionally, Registered users shall not impersonate another person or Registered user,
attempt to get a password, other Registered user account information, or other private information from a Registered user, or harvest email addresses or other information.
- Registered users of this Site and Application are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content
which is contrary to MyPravasi’s policy and MyPravasi does not accept liability in respect of such content, and the Registered user responsible will be personally liable for any damages or other liability arising and agrees to indemnify MyPravasi in
relation to any liability it may suffer as a result of any such content. However as soon as MyPravasi becomes aware of infringing content, MyPravasi shall do everything it can to remove such content from the Site and / or Application as soon as
By using the Site and / or the Application, Registered users agree to comply with the “Registered user Discipline” set out below. This is binding on all the Registered users and Registered users may enforce terms of this against each other
directly during the Ride.
- Safety :
- Every Ride provider, if driving the Vehicle, undertakes not to take any risks and not to consume any alcohol, drugs (whether recreational or prescription) which may impair or alter Ride provider’s ability to drive safely and with due care and
attention. Further, the Ride seeker agrees not to hinder the Ride provider’s driving in any way.
- Registered users are required to be careful even when providing information through the Site and / or Application or directly to Registered users. MyPravasi does not take steps to verify the identity of any Registered user.
- Registered user should report any abuse or harassment to MyPravasi immediately by contacting us on details given on “Contact Us” page.
- Transparency :
- All Registered users agree to provide any other Registered user with such information and documents as the other Registered user may reasonably request in the event that Registered users are participating in a Ride Sharing. The identities of the
Ride seeker and the Ride provider must correspond to those communicated through or to MyPravasi’s Site and / or Application.
- A Ride seeker or Ride provider may refuse to participate in Ride Sharing if the identity of the other Registered user does not correspond to that provided through or to MyPravasi’s Site and/or Application.
- Punctuality :
All Registered users agree to comply with and adhere to the times and places fixed for pickup points. The Ride provider and Ride seeker must present themselves at the place and time agreed for the pickup.
- Rules and Legislation :
- The Ride provider, while driving the car, agrees that they and the vehicle will at all times comply in full with any other applicable rules and legislation relating to their driving and the vehicle including speed limits, number of people
on-board the Vehicle, loading restrictions etc.
- All Registered users agree not to carry or transport any substance, material or object which is illegal, dangerous, offensive or anti-social during a Journey.
- Cleanliness :
Every Registered user undertakes that they will be clean and tidy at departure and during the Ride so as not to offend or inconvenience other Registered user.
- Comfort and Conditions :
Registered users must agree with each other the following conditions prior to the Ride and these conditions will form part of the agreement between Registered users
- Information published on the Site and Application :
No Registered user of the Site and / or Application shall publish on the Site and / or Application any defamatory or offensive information or information that may be damaging to third parties. MyPravasi shall remove any information that is
contrary to this policy as soon as it becomes aware thereof (but MyPravasi does not actively monitor the site and / or Application for such information). Ride providers and Ride seekers accept in advance that ratings about them may be published on
the Site and / or the Application.
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 Mumbai.