User Terms of Use for SMARTRUNR Mobile Application of Passenger Pick and Drop Service and Goods Delivery in India

Welcome to SMARTRUNR! Please read these terms of use carefully before using our mobile application. These Terms govern your use of the App provided by HADMS SOLUTIONS PVT LTD.

These terms and conditions applies to the SmartrunR app (hereby referred to as “Application”) for mobile devices that was created by HADMS SOLUTIONS PVT LTD (hereby referred to as “Service Provider”) as a Commercial service.

 

Upon downloading or utilizing the Application, you are automatically agreeing to the following terms. It is strongly advised that you thoroughly read and understand these terms prior to using the Application. Unauthorized copying, modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Application into other languages, or create derivative versions are not permitted. All trademarks,

copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.

 

The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, they reserve the right to modify the Application or

charge for their services at any time and for any reason. The Service Provider assures you that any charges for the Application or its services will be clearly communicated to you.

 

The Application stores and processes personal data that you have provided to the Service Provider in order to provide the Service. It is your responsibility to maintain the security of your phone and access to the Application. The Service Provider

strongly advise against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware, viruses, malicious programs, compromise your phone’s security features, and may result in the Application not functioning correctly or at all.

 

Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full

capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.

 

If you are using the application outside of a Wi-Fi area, please be aware that your mobile network provider’s agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the application, or other third-party charges. By using the application, you accept responsibility for any such charges, including roaming data charges if you use the application outside of your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device on which you are using the application, they assume that you have obtained permission from the bill payer.

 

Similarly, the Service Provider cannot always assume responsibility for your usage of the application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.

 

In terms of the Service Provider’s responsibility for your use of the application, it is important to note that while they strive to ensure that it is updated and accurate at all times, they do rely on third parties to provide information to them so that they can make it available to you. The Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying entirely on this

functionality of the application.

 

The Service Provider may wish to update the application at some point. The application is currently available as per the requirements for the operating system (and for any additional systems they decide to extend the availability of the

application to) may change, and you will need to download the updates if you want

to continue using the application. The Service Provider does not guarantee that it will always update the application so that it is relevant to you and/or compatible with the particular operating system version installed on your device. However, you agree to always accept updates to the application when offered to you. The Service Provider may also wish to cease providing the application and may terminate its use at any time without providing termination notice to you. Unless they inform you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the application, and (if necessary) delete it from your device.

1. Use of the App

  • Eligibility: You must be at least 18 years old and capable of entering into a legally binding agreement to use the App. By using the App, you represent and warrant that you meet these eligibility
  • License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to download, install, and use the App for its intended

 

2. Acceptance of Terms

  • By downloading, accessing, or using the App, you agree to be bound by these If you do not agree to these Terms, you may not use the App.
  • We may update or modify these Terms from time to time without prior notice. Any changes will be effective upon posting the revised Terms on the Your continued use of the App after the changes constitutes your acceptance of the revised Terms.
  • You shall not have more than one active account on the platform. Additionally, You are prohibited from selling, trading, or otherwise transferring your account to another
  • Passengers have the legal right to sue the driver for injuries sustained in a motor accident. The ability to sue will depend on the circumstances of the accident and the extent to which the driver is deemed responsible for the
  • Users shall intimate any complaints with respect to the platform services within 6 (Six) hours of using such
  • Passengers are not allowed in the goods vehicle if user/customer booked goods
  • Goods or Items are not allowed in the passenger vehicle of user/customer booked passenger
  • Customer should follow the instructions which are mentioned in application about weight of the goods.
  • Customer should follow the instructions which are mentioned in application about the passenger limit, if not mentioned in the application follow the limit of the vehicle.
  • Once the driver accept the booking then user should not switch off his/ her mobile phone until driver reaches to the pick-up location as it will create a problem for the driver to inform you that driver reached to the pick-up location.
  • When passengers are travelling in a vehicle, wearing a seat belt is mandatory, make sure you always wear a seat belt for your
  • Before you move out of the cab, make sure you have taken your belongings
  • Customer should not change their pick-up and drop location after booking the goods or passenger
  • Once the vehicle reaches the pick-up location, it’s customer responsibility to be on time without any
  • Customer should behave in a well-mannered way with the driver, and always be patient if you get stuck in a monstrous traffic jam, do not fight with your cab driver since it’s not their Try to be calm in such situations.
  • Smoking or consumption of any kind of intoxicants inside the vehicle(it can be goods vehicle or passenger vehicle) is strictly
  • Driver has the right to refuse the pick-up/ ride, if the customer is found to be in an intoxicated
  • The passenger are requested to do not damage any of the accessories(Seats, interiors, any electronic devices, etc) inside the
  • Do not scratch the vehicle
  • The owner of the application or service provider is not responsible for any direct or indirect loss or damage of the vehicle, goods/ items, passengers,
  • The owner of the application or service provider is not responsible for any kind of accidents, natural calamities and any harmful
  • Passengers are not allowed to misguide the driver or break any of the laws of the government(Traffic rules, speed limit, RTO and ), in this case the driver has the right to cancel the ride of the customer or refuse to do such things.
  • Do not eat or drink in the
  • When you are seated in the backseat, make sure you do not show PDAs(Proactive Driving Assist). Your cab driver might feel disrespected. Wait till you reach your destination.
  • Once you’re in the vehicle we suggest you to track the driver till you reach your destination
  • In case if you find that the driver is taking you in a different unknown direction then reach out to your nearest police station or any help
  • Do not involve in any of the irrelevant or personal communication with the driver, It will lead to an uncomfortable cab Moreover, your safety will be at stake.
  • In some cases, if you select search with in a KM’s option in the application, then customer need to pay the advance amount for selected KM’s which is mentioned in the application apart from ride amount.
  • Governing Law and Jurisdiction: The validity of these terms and conditions shall be governed and in force in accordance with the laws of India and the Courts in Bangalore shall have exclusive

 

3. Below are the prohibited items

Flammable items, firearms. firecrackers,

cyanides, precipitates,

gold and silver ore,

precious metals and stones, jewellery, semi-precious stones

commercial carbons or industrial diamonds, currency (paper or coin) of any nationality

securities (including stocks and bonds, share certificates and blank signed share transfer forms)

coupons, stamps, and any dangerous instruments.

cashier’s cheques, travellers’ cheques, money orders, credit/debit/ATM cards, antiques, works of art, passports.

Lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material.

Human body parts such as organs, blood, urine and other liquid diagnostic specimens, dangerous or bio-chemical waste, ice, pornographic materials, contraband/ black market, bottled alcoholic beverages or any drugs,

intoxicant or narcotics.

In case if the driver carries any of the above illegal items and which are against the government law without prior informing the owner of the platform in

such scenario owner or the company is not responsible, and the driver will be sued for the legal action.

 

4. Prohibited Activities:

You agree not to:

Use the App for any illegal or unauthorized purpose.

Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the App.

Violate any applicable laws or regulations.

Attempt to gain unauthorized access to the App or its related systems or networks.

 

5. Services

  • Relationships: We act solely as a technology platform connecting Users with Drivers and Delivery We are not a party to any agreement between Users and Drivers/Delivery Partners for Services or delivery of Items.

 

6. User Responsibilities

  • Registration: To use certain features of the App, you may be required to register an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and
  • Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your
  • Use of Information: By using the App, you consent to the collection, use, and disclosure of your information as described in our Privacy

 

7. Intellectual Property

  • Ownership: The App and its content, including text, graphics, logos, and images, are owned by us or our licensors and are protected by intellectual property
  • License Grant: We grant you a limited, non-exclusive, non-transferable license to use the App and its content for personal, non-commercial purposes.

 

8. Limitation of Liability

  • Disclaimer: To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding the App and its use, including warranties of merchantability, fitness for a particular purpose, and non-
  • Limitation of Liability: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the App, even if we have been advised of the possibility of such

 

9. Modification and Termination

  • Modification: We reserve the right to modify, suspend, or discontinue the App or any part thereof at any time without notice.
  • Termination: We may terminate your access to the App or suspend your account at our sole discretion, without prior notice, for any reason, including if we believe you have violated these Terms.

 

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

 

11. Cancellation & Refund Policy

  • Customer may cancel the booking before driver comes to pick-up location, the company never charge any cancellation
  • If the ride is cancelled by the customer after 2 minutes or later from the time of acceptance of the ride/ booking by the driver. In this case the amount will not be refunded.
  • If the driver cancels the booking after waiting at your pick-up location for above 5 minutes or more, then in this case the amount will not be
  • The cancellation charges may vary depending on your state/City/ Town, and the vehicle category selected.

 

12. Financial Terms

  • Payment: Users may be required to pay fees for Services or Items through the App. Payment methods may include credit/debit cards, digital wallets, UPI or other electronic payment methods supported by the App.
  • Pricing: Prices for Services and Items are determined by Drivers and Merchants, respectively, and may vary based on factors such as distance, time of day, and demand. We do not guarantee the accuracy or availability of pricing information.
  • Payment can be done either through cash or using UPI transaction, based on the fare that is displaced at the time of requesting for
  • If user book a vehicle with in KM option selected in the application then user may need to pay the initial amount in advance through

 

13. Changes to These Terms and Conditions

The Service Provider may periodically update their Terms and Conditions. Therefore, you are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms and Conditions on this page.

These terms and conditions are effective as of 2024-07-10

 

Contact Us

If you have any questions or suggestions about the Terms and Conditions, please do not hesitate to contact the Service Provider at support@smartrunr.com.

By using the App, you acknowledge that you have read, understood, and agree to be bound by these.