THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH WISH A RIDE OFFERS YOU ACCESS TO THE Wish A Ride PLATFORM.
Welcome to the user agreement (the "Agreement" or "User Agreement" or "Terms of Service") for the web and mobile internet application platform owned and operated by Xenfy Infolabs (P) Ltd. Xenfy Infolabs (P) Ltd is a Web/Software/Mobile application development firm, whose corporate office is located at Trivandrum, Kerala, India. This Agreement is a legally binding agreement made between you ("You," "Your," or "Yourself") and Xenfy Infolabs (P) Ltd ("We," "Us" or "Our", “www.wisharide.com”, “Wish A Ride”).
Wish A Ride is willing to license, not sell, the Wish A Ride Platform to You only upon the condition that You accept all the terms contained in this Agreement. By signing up with or by using the Wish A Ride Platform, You indicate that You understand this Agreement and accept all of its terms. If you do not accept all the terms of this Agreement, then Wish A Ride is unwilling to license the Platform to you and you should not use this platform or services offered by its users.
The Wish A Ride Platform provides a medium to enable persons who seek transportation to certain destinations ("Co-Riders") to be matched with persons driving to or through those destinations ("Riders"). This Agreement describes the terms and conditions that will govern your use of and participation in the Wish A Ride Platform.
WISH A RIDE DOES NOT PROVIDE TRANSPORTATION SERVICES, AND WISH A RIDE IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE RIDER OR VEHICLE OWNER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A CO-RIDER CONTACTED THROUGH THE WISH A RIDE PLATFORM, AND IT IS UP THE CO-RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY RIDER CONTACTED THROUGH THE WISH A RIDE PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH THE WISH A RIDE PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. WISH A RIDE OFFERS INFORMATION AND A METHOD TO CONNECT RIDERS AND CO-RIDERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY CO-RIDER BY ANY RIDER USING THE WISH A RIDE PLATFORM.
For purposes of this Agreement all services; let they be transportation, delivery, or other services coordinated through the Wish A Ride Platform and provided by users to one another or to Wish A Ride, its employees, or its affiliates shall collectively be defined as the "User Provided Services".
Please read this Agreement carefully before using the Wish A Ride Platform or the User Provided Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you use the Wish A Ride Platform or any of the User Provided Services. By accessing the Wish A Ride Platform or using any of the User Provided Services, You become a contributor in Wish A Ride and a User of User Provided Services available on the Wish A Ride Platform ("Contributor” or "User") and uou agree to be bound by the terms and conditions of this Agreement with respect to such usage.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS THE WISH A RIDE PLATFORM OR USE THE USER PROVIDED SERVICES. We may amend this Agreement at any point of time. The updated terms and conditions will be visible in www.wisharide.com. Once amendments are made, it is completely upon user discretion to use this platform without accepting them. Except as stated below, all amended terms shall automatically be effective as soon as they are updated to www.wisharide.com. This Agreement may not be otherwise amended except in writing signed by you and Wish A Ride.
Wish A Ride reserves the right, at its sole discretion, to modify the Wish A Ride Platform or to modify these Terms, including the Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the website or via the Mobile Application. We will also update the “Last Updated Date” at the top of the page. By continuing to access or use the Web/Mobile Application or Services after we have made a modification on the website or via the Application, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Web/Mobile Application and Services.
Social Media and Networking Websites
As part of the functionality of Wish A Ride, You may be able to login with certain third-party social networking websites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”) by either: providing Your Third Party Account login information through Wish A Ride Platform; or allowing Wish A Ride to access Your Third Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third Party Account. You represent that you are entitled to disclose Your Third Party Account login information to Wish A Ride and/or grant Wish A Ride access to Your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Wish A Ride to pay any fees or making Wish A Ride subject to any usage limitations imposed by such third party service providers. By granting Wish A Ride access to any Third Party Accounts, You understand that Wish A Ride may access, make available and store (if applicable) any content that You have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Wish A Ride Platform via Your account, including without limitation any friend, contacts or following/followed lists, and Wish A Ride may submit and receive additional information to Your Third Party Account as indicated herein. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information and your Content for purposes of this Agreement. Depending on the Third Party Accounts You choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that You post to Your Third Party Accounts may be available on and through the Wish A Ride Platform. Please note that if a Third Party Account or associated service becomes unavailable or the Wish A Ride Platform’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Wish A Ride Platform. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Wish A Ride makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Wish A Ride is not responsible for any SNS Content.
Bookings and Financial Terms for Riders and Co-Riders
If you are a Rider and a booking is requested for your Ride via Wish A Ride, you will be required to either confirm or reject the booking within the end of your scheduled trip (as determined by Wish A Ride in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Wish A Ride Platform, Application and Services, we will share with you the co-rider’s details that are linked with his or her Wish A Ride Account, so that you can view such information before accepting or denying the booking. If you are unable to accept or deny a booking of a Ride within end of the trip period, the booking will be automatically cancelled.
The fees displayed in each Ride are comprised of the Service Fees and the Rider’s Fees. The Rider’s Fees and the Service Fees together make up the Total Fees that are paid to Wish A Ride. Where applicable, Taxes may be charged in addition to these fees. The Service Fees, Rider’s Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a co-rider solely relating to a Ride are the “Service Fees and Rider’s Fees plus taxes if applicable”. The riders have sole privilege to alter the pre-defined rates of Wish A Ride for each ride they offer. Please note that it is the rider and not Wish A Ride who determines those rates apart from the Booking Fee.
Wish A Ride charges a fee to the rider and co-rider based on a fraction of the applicable Fees. Wish A Ride charges a fee to co-rider based on a percentage of the money they load to WAR - Wallet which are the “co-riders Fees”. When a co-rider uses the Wish A Ride platform to pay for the ride, a certain percentage of the transaction is charged from the rider’s wallet which are the “riders Fees”.
Appointment of Wish A Ride as Accounting Agency
Each Rider hereby appoints Wish A Ride as the their limited agency solely for the purpose of collecting payments made by Co-Riders on behalf of the Rider. Each Rider agrees that payment made by a Co-Rider to Wish A Ride shall be considered the same as a payment made directly to the Rider and the Rider will make the Ride available to Co-Rider in the agreed manner as if the Rider has received the Ride Fees. Cancellations and refunds will be governed by the Cancellation Policy below. In accepting appointment as the limited authorized accounting agency of the Rider, Wish A Ride assumes no liability for any acts or omissions of the Rider.
The Rider, not Wish A Ride, are solely responsible for honouring any confirmed bookings and making available any Rides reserved through the Wish A Ride Platform. If you, as a Co-Rider, choose to enter into a transaction with a Rider for the booking of an Ride, you agree and understand that you will be required to enter into an agreement with the Rider and you agree to accept any terms, conditions, rules and restrictions associated with such Ride imposed by the Rider. You acknowledge and agree that you, and not Wish A Ride, will be responsible for performing the obligations of any such agreements, that Wish A Ride is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Wish A Ride disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Wish A Ride is not a party to the agreement between you and the Rider, Wish A Ride acts as the Rider’s accounting agent for the limited purpose of accepting payments from you on behalf of the Rider. Upon your payment of amounts to Wish A Ride which are due to the Rider, your payment obligation to the Rider for such amounts is extinguished, and Wish A Ride is responsible for remitting such amounts, less Wish A Ride’s Rider Fees, to the Rider. In the event that Wish A Ride does not remit any such amounts to a Rider, such Rider will have recourse only against Wish A Ride.
You agree to pay Wish A Ride for the Total Fees for any service used in connection with your Wish A Ride Account, if such requested travels happen through the applicable Rider. Once Wish A Ride receives confirmation of the start of your trip, WAR meter will record your transaction and will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing from your wallet. Please note that Wish A Ride cannot control any fees that may be charged to a co-rider by his or her bank related to Wish A Ride’s collection of the Total Fees, and Wish A Ride disclaims all liability in this regard.
Service Fees: The Service Fee is the amount due and payable by a Rider or Co-Rider to Wish A Ride in exchange for the Services and facilities they used. The Service Fee is fixed as 10%.
Rider’s Fees: A Rider’s Fee is the fee that Wish A Ride charges a Rider for the use of its online platform, which is calculated as a percentage of the applicable Fees.
Co-Rider’s Fees: A Co-Rider’s Fee is the fee that Wish A Ride charges a Co-Rider for the use of its online platform, which is calculated as a percentage of the money they load to their WAR – Wallet.
Total Fees: Total Fees refers to collectively the Service Fees and the Rider’s Fees (plus any Taxes if applicable).
Facilitation of Payments: All transactions – loading of funds to WAR - Wallet, as applicable; shall be facilitated through the payment gateway integrated with Wish A Ride. You agree that if the fund transfer fails in any circumstances during a transaction will be dealt with your banking partner and Wish A Ride will not be responsible for any such failures. Any transaction errors happing within the Wish A Ride Platform can be brought to notice and sorted out by contacting the customer support team email@example.com.
In the event that a Rider or Co-Rider cancels a trip, Wish A Ride have no responsibility as no transactions are carried out unless and until a trip is initiated.
The Wish A Ride Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, The Wish A Ride Platform is not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants. By becoming a Participant, You represent and warrant that you are at least 18 years old. By using the Wish A Ride Platform or the User Provided Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or Wish A Ride for accessing the Wish A Ride Services. You are solely and fully responsible for all activities that occur under your password or account. Wish A Ride has no control over the use of any User's account and expressly disclaims any liability derived there from. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, immediately reset your password to make your account more secure. You will contact us immediately for any help on this at firstname.lastname@example.org.
Term and Termination
This Agreement is effective upon use of the Wish A Ride Platform or the User Provided Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate your participation in the Wish A Ride Platform or use of the User Provided Services at any time, for any reason by simply clicking the DELETE ACCOUNT option in your dashboard. Upon such termination, we will suspend all of your information from Wish A Ride search visibility and may retain an archived copy of records we have about you as required by law or for legitimate business purposes. Even after your participation in the Wish A Ride Platform is terminated, this Agreement will remain in effect. Whenever you wish to join, you can simply log in with your username and password to reinstate the account. We also maintain sole discretion to bar your use of the Wish A Ride Platform in the future, for any or no reason.
Any information You provide, publish or display in the Wish A Ride Platform or send to other Users in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature ("Your Information"). Your Information will be stored on computers. You consent to us using Your Information to create a User account that will allow you to participate on the Wish A Ride Platform. You are solely responsible for Your Information and Your interactions with other people in the public, and we act only as a passive conduit for your online posting of Your Information. When You use the Wish A Ride Platform, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that we and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate this agreement and your use of the Wish A Ride Platform.
By accepting this Agreement, a Rider agrees that We may obtain information about the rider, including without limitation the rider’s driving record, references and credit information. A rider hereby authorizes us to perform a background check on rider, and further agrees to provide any necessary authorization to facilitate Our access to the rider’s official driving record, references and credit information during the term of the Agreement.
Rider Representations and Warranties
By using the Service, a Rider represents, warrants, and agrees that:
- Such Rider is at least 18 years of age.
- Such Rider possesses a valid Rider’s license and is authorized to operate a motor vehicle and has all appropriate licenses, approvals in all jurisdictions in which such Rider engages in User Provided Services.
- Such Rider owns, or has the legal right to operate, the vehicle such Rider uses when accepting Co-Riders, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
- Such Rider is named or scheduled on the insurance policy covering the vehicle such Rider uses when accepting Co-Riders.
- Such Rider has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such Rider’s vehicle to cover any anticipated losses related to such Rider’s provision of rides to Co-Riders.
- Such Rider will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle such Rider uses to transport Co-Riders, including, but not limited to personal injuries, death and property damages.
- In the event of a motor vehicle accident, such Rider will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with such Rider’s insurance carrier.
- Such Rider will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
- Such Rider will not make any misrepresentation regarding Wish A Ride, the Wish A Ride Platform, the User Provided Services or such Rider’s status as a Rider, offer or provide transportation service for profit, as a public carrier or taxi service, charge for rides or otherwise seek non-voluntary compensation from Co-Riders, or engage in any other activity in a manner that is inconsistent with such Rider’s obligations under this Agreement.
- Such Rider will only accept Co-Riders using the vehicle that has been photographed and reported to Wish A Ride.
- Such Rider will use discretion when and if allowing a Co-Rider to drive their vehicle. Such Rider understands that being a member of Wish A Ride does not assure a valid and up to date Rider's license and they allow a Co-Rider to drive their vehicle at their own risk.
You agree that You will use the Wish A Ride Platform and engage in User Provided Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate your participation in the Wish A Ride Platform if you have misused the Wish A Ride Platform or the User Provided Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. With respect to your participation on the Wish A Ride Platform or the User Provided Services, you agree that you will not: Impersonate any person or entity; "Stalk" or otherwise harass any person; Express or imply that any statements You make are endorsed by us, without Our specific prior written consent; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Wish A Ride Platform or its contents; 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; remove any copyright, trademark or other proprietary rights notices contained in the Wish A Ride Platform; interfere with or disrupt the Wish A Ride Platform or the User Provided Services or the servers or networks connected to the Wish A Ride Platform or the User Provided Services; post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; "frame" or "mirror" any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Wish A Ride Platform or the User Provided Services in order to direct any person to any other web site for any purpose; or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Wish A Ride Platform or any software used on or for or by Wish A Ride or with regards the User Provided Services or cause others to do so. You further agree that Your Information and Your interactions on the Wish A Ride Platform shall not: be false, inaccurate or misleading (directly or by omission or failure to update information); infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation; be defamatory, trade libellous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; include in Your Information any telephone numbers, street addresses, last names, URL's or E-mail addresses other than where explicitly asked for it in the your registration and profile section; contain any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service; or link directly or indirectly to any other web sites. You further agree that you will not transfer, use, or sell Your Wish A Ride account and/or ID to any another party. We reserve the right, but we have no obligation, to reject any Participant that does not comply with these prohibitions.
Wish A Ride will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Wish A Ride may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Wish A Ride has no obligation to monitor your access to or use of the Wish A Ride Platform or User Provided Services or to review or edit any content, but has the right to do so for the purpose of operating the Wish A Ride Platform, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Wish A Ride reserves the right, at any time and without prior notice, to remove or disable access to any part of the Wish A Ride Platform or a user’s profile or activity, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to Wish A Ride, the Wish A Ride Platform or the User Provided Services.
Wish A Ride owns and retains ownership in the Wish A Ride Platform, and all intellectual property therein. Contingent upon Your compliance with the terms and conditions of this Agreement, Wish A Ride hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Wish A Ride Platform or any of its applications on gadgets that you own or control. This license does not allow you to use the Wish A Ride Platform on any other gadgets that you do not own or control, and you may not distribute or make the Wish A Ride Platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Wish A Ride Platform. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Wish A Ride Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Wish A Ride and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Wish A Ride that replace and/or supplement the Wish A Ride Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Location data provided by the Wish A Ride Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Wish A Ride, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Wish A Ride Platform.
Any of Your Information, including geographical data, you upload, provide, or add on the Wish A Ride Platform may be accessible to certain Users of the Wish A Ride Platform. We cannot verify or guarantee the accuracy of the information Users provide us on the Wish A Ride Platform, and We do not control the information provided by other Users that is made available through Our system. Therefore, Wish A Ride cannot and does not confirm each User's purported identity. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Wish A Ride Platform. Please note that there are also risks of dealing with underage persons or people acting under false pretence. By using the Wish A Ride Platform, You agree to accept such risks and Wish A Ride is not responsible for the acts or omissions of users on the Wish A Ride Platform. In order to help you evaluate with whom you are dealing, Wish A Ride can link to a User's Facebook.com profile if they supply us with their Facebook.com account information. We also encourage you to communicate directly with each potential Rider or Co-Rider prior to engaging in an arranged transportation service.
Wish A Ride E-mails and SMS
E-mails and SMS sent from us or through us are designed to make your Wish A Ride experience more efficient. By becoming a participant, You specifically agree to accept and consent to receiving e-mails and SMS initiated from us or through us, which include, without limitation: message notification e-mails, e-mails or SMS informing you about potential available Riders or Co-Riders and e-mails informing you of promotions we run and emails informing you of new and existing features we provide. Standard SMS messaging charges applied by your mobile phone carrier will apply to SMS messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-join in the notification service by verifying the mobile number. Wish A Ride reserves the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications or SMS messages, please do not use the Wish A Ride Platform.
All intellectual property rights on the Wish A Ride Platform shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Wish A Ride Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Wish A Ride Platform or the User Provided Services ("Submissions"), provided by you to us are non-confidential and shall become the sole property of Wish A Ride. Wish A Ride shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Wish A Ride respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Wish A Ride Platform infringe upon your copyrights, please send the following information to Wish A Ride's Copyright Team at Wish A Ride, C/O, Xenfy Infolabs (P) Ltd, Kulathoor, Trivandrum.
A description of the copyrighted work that you claim has been infringed, including specific location on the Wish A Ride Platform where the material you claim is infringed is located. Include enough information to allow Wish A Ride to locate the material, and explain why you think an infringement has taken place.
You will defend, indemnify, and hold us and Our officers, directors, employees and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Wish A Ride Platform or User Provided Services, including: Your breach of this Agreement or the documents it incorporates by reference; or Your violation of any law or the rights of a third party, including, without limitation, Riders, Co-Riders, other motorists, and pedestrians, as a result of Your own interaction with such third party, any allegation that any materials that You submit to us or transmit to the Wish A Ride Platform or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; Your ownership, use or operation of a motor vehicle or Co-Rider vehicle, including your provision of rides to Co-Riders; and/or any other activities in connection with the Wish A Ride Platform or the User Provided Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the Wish A Ride Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Wish A Ride Platform and neither do we adopt nor endorse nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Wish A Ride Platform, or transmitted to participants. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the Wish A Ride Platform. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the "Content") that You post in the public areas of the Wish A Ride Platform and in Your private e-mail messages. We shall have the right to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.
The Wish A Ride Platform contains (or You may be sent through the Wish A Ride Platform) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Sites accessed through the Wish A Ride Platform or any Third Party Applications, Software or Content posted on, available through or installed from the Wish A Ride Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Us. If you decide to leave the Wish A Ride Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at Your own risk and you should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which You navigate from the Wish A Ride Platform or relating to any applications You use or install from the Wish A Ride Platform.
Limitation of Liability
IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY ACCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE USER PROVIDED SERVICES) ARISING OUT OF OR IN CONNECTION WITH WISH A RIDE, THE WISH A RIDE PLATFORM OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT SCREEN THE PARTICIPANTS ON THE WISH A RIDE PLATFORM IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, ACCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THE WISH A RIDE PLATFORM OR THE USER PROVIDED SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF THE WISH A RIDE PLATFORM, OR INTRODUCED TO YOU VIA THE WISH A RIDE PLATFORM. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
WISH A RIDE HAS NO RESPONSIBILITY WHATSOEVER FOR THE ACTIONS OR CONDUCT OF RIDERS OR CO-RIDERS. WISH A RIDE HAS NO OBLIGATION TO INTERVENE IN OR BE INVOLVED IN ANY WAY IN DISPUTES THAT MAY ARISE BETWEEN RIDERS, CO-RIDERS, OR THIRD PARTIES DURING THE CONDUCT ON THE WISH A RIDE PLATFORM OR IN THE USER PROVIDED SERVICES. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING PROVIDING OR ACCEPTING TRANSPORTATION REST SOLELY WITH YOU. IT IS EACH CO-RIDER AND RIDER’S RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH ANY PARTY THEY MAY INTERACT WITH THROUGH USE OF THE WISH A RIDE PLATFORM. WISH A RIDE MAY BUT HAS NO RESPONSIBILITY TO SCREEN OR OTHERWISE EVALUATE POTENTIAL CO-RIDERS OR USERS. USERS UNDERSTAND AND ACCEPT THAT WISH A RIDE HAS NO CONTROL OVER THE IDENTITY OR ACTIONS OF THE CO-RIDERS AND RIDERS, AND WISH A RIDE REQUESTS THAT USERS EXERCISE CAUTION AND GOOD JUDGMENT WHEN USING THE WISH A RIDE PLATFORM AND THE USER PROVIDED SERVICES. RIDERS AND CO-RIDERS USE THE WISH A RIDE PLATFORM AND THE USER PROVIDED SERVICES AT THEIR OWN RISK.
In the event that You have a dispute with one or more Users, You agree to release Wish A Ride (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Wish A Ride Platform or the User Provided Services.
Without limiting other remedies, We may terminate your participation, remove Your Information, warn our community of your actions, issue a warning, and refuse to provide our services to You if: You breach this Agreement or the documents it incorporates by reference; We are unable to verify or authenticate any information You provide to us; We believe that Your actions may cause financial loss or legal liability for you, Our users or Us, or subject Wish A Ride or You or any other User to regulation by any state or local government or regulatory agency; or if We suspect that You have engaged in fraudulent activity in connection with the Wish A Ride Platform or the User Provided Services.
Resolution of Disputes and Legal Claims
You and We agree that any legal disputes or claims between the parties that cannot be resolved informally will be submitted to binding arbitration. The arbitration shall be conducted in a court of law under the jurisdiction of the Magistrate Court of Trivandrum, Kerala.
Except as explicitly stated otherwise, any notices to Wish A Ride shall be given by certified mail, postage prepaid and return receipt requested to Wish A Ride, C/O, Xenfy Infolabs (P) Ltd, Kulathoor, Trivandrum and any notices to You shall be provided to you through the Wish A Ride Platform or given to you via the email address You provide to Wish A Ride during the registration process.
To resolve a complaint regarding the service, you should first contact Our Customer Service Department by email at email@example.com