These General Conditions of Use apply to all services provided by MyCotra.
Members agree and accept that all of the information they provide to MyCotra when setting up their User Account and at any other time shall be true, correct, complete and accurate in all respects. Members also agree that any information supplied to MyCotra or posted on the Site in connection with any Trip, Vehicle or Car Sharing will be true, accurate and complete. Unless expressly agreed by MyCotra, Members are limited to one User Account per person/Member. No User Account may be created on behalf of, or in order to impersonate, another person.
2. Usage License
MyCotra grants you a limited license to access the Site and use MyCotra in accordance with these Terms and the instructions and guidelines posted on the Site. MyCotra reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.
3. User Responsibility
You are solely responsible for your use of the Site and Services. Because MyCotra merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of MyCotra, and MyCotra makes no claim of accuracy of any user-posted material.
4. No warranty and limitation of liability
MyCotra provides the site and services "as is" and without any warranty or condition, express, implied or statutory. MyCotra specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability.
You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, posting, and information by other users.
You understand and agree that you use the site and services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use.
Under no circumstances shall MyCotra be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever (however arising, including by negligence), including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension, or termination of the site or services, damages incurred through any links provided on the site and the non-performance thereof and damages resulting from loss of use, sales, data, goodwill or profits, whether or not MyCotra has been advised of such possibility. Your only right with respect to any dissatisfaction with this site or services or with MyCotra shall be to terminate use of this site and services.
This Agreement is a legally binding agreement made between you ("You," "Your," or "Yourself") and MyCotra. ("MyCotra," "We," "Us" or "Our").
MyCotra is willing to license, not sell, the MyCotra 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 MyCotra 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 MyCotra is unwilling to license the MyCotra Platform to You.
This paragraph applies to any version of the MyCotra Platform that you acquire from the Google play Store. This Agreement is entered into between you and MyCotra. Google play. Is not a party to this Agreement and shall have no obligations with respect to the MyCotra Platform. MyCotra, not Google, is solely responsible for the MyCotra Platform and the content thereof as set forth hereunder. However, Google and Google’s subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Google shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Google, for purposes of which, you are "the end-user." In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
The MyCotra Platform provides a means to enable persons who seek transportation to certain destinations ("Riders") to be matched with persons driving to or through those destinations ("Drivers"). For purposes of this Agreement these services shall collectively be defined as the "Services". This Agreement describes the terms and conditions that will govern your use of and participation in the MyCotra Platform.
Please read this Agreement carefully before using the 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 any of the Services. By using any of the Services, You become a Participant in MyCotra and a User of Services available on the MyCotra Platform ("Participant" or "User") and you agree to be bound by the terms and conditions of this Agreement with respect to such Services.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS MYCOTRA OR REGISTER FOR THE SERVICES PROVIDED ON MYCOTRA. We may amend this Agreement at any time by posting the amended terms on the MyCotra Platform. If we post amended terms on the MyCotra Platform, You may not use the Services without accepting them. Except as stated below, all amended terms shall automatically be effective after they are posted on the MyCotra Platform. This Agreement may not be otherwise amended except in writing signed by you and MyCotra.
MYCOTRA DOES NOT PROVIDE TRANSPORTATION SERVICES, AND MYCOTRA IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER OR VEHICLE OPERATOR TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE MYCOTRA PLATFORM, AND IT IS UP THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE MYCOTRA PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH THE MYCOTRA PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. MYCOTRA OFFERS INFORMATION AND A METHOD TO CONNECT DRIVERS AND 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 RIDER BY ANY DRIVER USING THE MYCOTRA PLATFORM.
Your Information is any information You provide, publish or display ("post") to the MyCotra 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 in the Services. 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 MyCotra 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 Services.
By accepting this Agreement, a Driver agrees that We may obtain information about the Driver, including without limitation the Driver’s driving record, references and credit information. A Driver hereby authorizes Us to perform a background check on Driver, and further agrees to provide any necessary authorization to facilitate Our access to the Driver’s official driving record, references and credit information during the term of the Agreement.
SOCIAL MEDIA AND NETWORKING SITES
As part of the functionality of the MyCotra Platform, You may be able to login through online accounts You may have with third party service providers (each such account, a "Third Party Account") by either:
Providing Your Third Party Account login information through the MyCotra Platform; or
Allowing MyCotra 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 MyCotra and/or grant MyCotra 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 MyCotra to pay any fees or making MyCotra subject to any usage limitations imposed by such third party service providers. By granting MyCotra access to any Third Party Accounts, You understand that
MyCotra 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 MyCotra Platform via Your account, including without limitation any friend, contacts or following/followed lists, and
MyCotra 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 MyCotra Platform. Please note that if a Third Party Account or associated service becomes unavailable or the MyCotra 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 MyCotra 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. MyCotra makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and MyCotra is not responsible for any SNS Content.
DRIVER REPRESENTATIONS & WARRANTIES
By using the Service, a Driver represents, warrants and agrees that:
Such Driver is at least 18 years of age.
Such Driver possesses a valid driver’s license and is authorized to operate a motor vehicle and has all appropriate licenses, approvals and authority to provide transportation to third parties in all jurisdictions in which such Driver uses the Services.
Such Driver owns, or has the legal right to operate, the vehicle such Driver uses when accepting 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 Driver is named or scheduled on the insurance policy covering the vehicle such Driver uses when accepting Riders.
Such Driver has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such Driver’s vehicle to cover any anticipated losses related to such Driver’s provision of rides to Riders.
Such Driver 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 Driver uses to transport Riders, including, but not limited to personal injuries, death and property damages.
In the event of a motor vehicle accident such Driver will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with such Driver’s insurance carrier.
Such Driver 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 Driver will not make any misrepresentation regarding MyCotra, the MyCotra Platform, the Services or such Driver’s status as a Driver, offer or provide transportation service for profit, as a public carrier or taxi service, charge for rides or otherwise seek non-voluntary compensation from Riders, or engage in any other activity in a manner that is inconsistent with such Driver’s obligations under this Agreement.
Such Driver will only accept Riders using the vehicle that has been reported to and photographed by MyCotra.
Such Driver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
Such Driver is medically fit to drive in accordance with applicable law.
You are responsible for your safety w.r.t. the carpooling on MyCotra.com. MyCotra is only a technology enabled social platform that helps you to initiate, accept and undertake carpooling in order to use sustainable means of commuting, reduce fuel cost, reduce stress associated with driving and reduce overall traffic in the roads. You are encouraged to use MyCotra responsibly and safely. MyCotra recommends the following safety guidelines in the course of using our product.
MyCotra validates email addresses during registration using mechanism described in the Eligibility section of this document. This pertains to the registrations done using the Email option. MyCotra does not undertake any other user checks at an individual level.
MyCotra validates Google+, Twitter, Instagram and Facebook based registrations using Google+, Twitter, Instagram and Facebook based authentication respectively. This pertains to the registrations done using the Google+, Twitter, Instagram or Facebook options.
Please set up your Favourites carefully and verify the information provided while requesting a carpool with a "Car Owner". Follow similar caution while accepting a carpool request from a "Passenger".
Carry a photo ID and show the same at the pickup point while take a ride and request the same from your ride partner.
If you are a Passenger choose a safe pick up location which will not compromise your safety when you are waiting for the "Car Owner" to arrive.
If you are a Car Owner choose a pick up location which does not compromise your safety on the road or disrupt traffic if you have to wait for the Passenger to arrive.
Use of mobile phones while driving is extremely dangerous. Do not under any circumstances use your mobile phone for any reason.
MyCotra recommends using the product to set up carpools before you start driving or to park your car in safe designated parking areas if you have to use the product or coordinate with your ride partner on the way.
The Phone number of the other person with whom your ride match is done will be shown to you. Please use discretion in sharing it with others.
A Member of the MyCotra platform undertakes to not host, display, upload, modify, publish, transmit, update or share any information that :
belongs to another person and to which You do not have any right to; or that interferes with another user's use and enjoyment of the Platform/Application or any other individual's use and enjoyment of similar services; or
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or unlawfully threatening or unlawfully harassing another user, the same being qualified to include behavior termed as "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986,; or is misleading in any way; or
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or
infringes upon or violates any third party's rights, [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number)]; or
contains restricted or password-only access pages, or hidden pages or images (those not linked to the Application or from another accessible page); or
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
contains video, photographs, or images of another person without his or her express written consent and permission, or the permission or the consent of his her guardian in the case of a minor; or
tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable codes of conduct or end user access and license agreements) to the Platform/Application or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform/ Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
engages in commercial activities and/or sales without Our prior written consent, including activities such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items. [Throughout these T&Cs, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization]; or
refers to any website or URL that, in Our sole opinion, contains material that is inappropriate for the Application, or contains content that would be prohibited or violates the letter or spirit of these T&Cs; or
harm minors in any way; or
is fraudulent or involve the sale of counterfeit or stolen items; or
violates any law for the time being in force; or
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
exhibits the tenor of impersonating another person; or
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information or attempt to interfere with the proper working of the Application/Platform or any transaction being conducted on the Application/Platform; or
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
is false, inaccurate or misleading; or
directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law for the time being in force; or
creates any liability for Us or cause Us to lose (in whole or in part) the services of Our ISPs or other suppliers
Exercise overall caution and common sense while using MyCotra
Charges. You agree that any mandatory amounts charged following a ride (a "Charge") are due immediately. MyCotra reserves the right to determine pricing.
Cash prohibited. All Donations and Payments made by Passengers to Drivers shall only be made through the MyCotra Platform. Cash Payments are strictly prohibited. Neither Drivers nor Passengers may make or accepts Payments in cash under any circumstances.
Administrative Fee. MyCotra receives an administrative fee of up to 10% (the "Administrative Fee") of points towards the cost of technology, services, infrastructure and support.
Refunds. The full amount of the Charge, as applicable (including the Administrative Fee), is charged immediately following completion of such election to the Rider’s authorized credit card and transferred (less the Administrative Fee) to such Driver’s account. All payments made are non-refundable. This no-refund policy shall apply at all times regardless of a Rider’s decision to terminate usage of MyCotra, our decision to terminate a Rider’s usage, disruption caused to our Services either planned, accidental or intentional, or any other reason whatsoever.
Promotional Offers. MyCotra, at its sole discretion, may make available promotional offers with different features to any of our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract. MyCotra may change its Administrative Fee as we deem necessary for our business. We encourage you to check this Agreement periodically if you are interested in keeping abreast of the rate of our Administrative Fee.
Cancellation Fee. In the event that a Rider cancels a ride request on the MyCotra Platform within a short notice(less than an hour) before the scheduled ride, Rider agrees to pay a "Cancellation Fee" Applicable according of the ride fare.
Facilitation of Payments. All Charges, as applicable, shall be facilitated through standard payment gateway. MyCotra’s third-party payment processing service.
You agree that you will use the 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 MyCotra Platform if you have misused the MyCotra Platform or the 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 MyCotra Platform or through the 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 Services 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 Service;
interfere with or disrupt the Services or the MyCotra Platform or the servers or networks connected to the Services or the MyCotra Platform;
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 Services or the MyCotra Platform 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 Services or any software used on or for the Services or cause others to do so.
You further agree that Your Information and Your interactions on the MyCotra 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, time bombs, cancelbots, Easter eggs 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 MyCotra 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.
TERMS OF SERVICE - Additional Notes
No Commercial Activity
The Site and the Services are strictly limited to providing a Service for Car Owners and Co-travellers to car share in a private capacity. The Services may not be used to offer or accept car 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 car sharing in exchange for sharing the cost of the Trip between the Car Owner and the Co-Travellers. Members are reminded that using the Services and offering Trips for hire or reward or in a commercial or professional capacity may invalidate a Car Owners insurance and invite adverse legal actions by the road transport authorities. MyCotra shall not be in for any loss or damage incurred by a Member as a result of any or breach by a Member of these Conditions including where any Car Owner (in breach of these terms) offers Services through the Site in a professional or commercial capacity (thereby potentially invalidating their insurance) and breach of any agreement between the Car Owner and the Co-traveller. Any offering of Trips in violation of the Conditions shall be at the sole risk such Member and MyCotra shall have no liability towards Members for such violations.
Car Owner and Co-Traveller Obligations
The Car Owner agrees: That the Trip shall not be for any fraudulent, unlawful or criminal activity. That they will procure for the Vehicle, a comprehensive insurance policy, which provides insurance cover to the occupants (including, but not limited to, Co-Travellers) in the Vehicle and covers third party liability. That they will present themselves on time and at the place agreed with the specified Vehicle; that they will immediately inform all Co-Travellers of any change whatsoever 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, the Car Owner undertakes 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 Co-Traveller refuses the change, they are entitled to a full refund and without any compensation being paid to the Car Owner. The Car Owner self-declares that he/she complies fully with all legal requirements of owning and driving the vehicle in use with fully compliant legal documents that include, but are not limited to, a valid driving license, appropriate and valid insurance policy, appropriate registration and tax paid certificates for the vehicle, and a valid pollution-under-control (PUC) certificate. The Car Owner must comply with the Good Conduct Charter at all times. The Car Owner must comply with agreed timings and reach the pickup point on time, or keep the Co-Traveller informed in case of any unforeseen delay. The Car Owner is expected to wait for the Co-traveller at the pickup point for at least 10 minutes after the agreed time (however, the Co-traveller is expected to be punctual). The Car owner shall not deviate from the agreed route, unless under exceptional circumstances when the agreed route becomes untenable. In case of any deviation due to exceptional circumstances the Car Owner must keep the Co-traveller informed of any such change before the deviation, and at the earliest possible time.
The Co-Traveller agrees: That the Trip shall not be for any fraudulent, unlawful or criminal activity. That they will present themselves on time and at the place agreed with the Car Owner; That they will immediately inform the Car Owner or MyCotra if they are required to cancel a 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 by using the Check In and Check out buttons after pick-up and drop-off respectively, to allow the system to transfer appropriate ride points from Passenger to Rider. If the Co-traveller or Car Owner fail to comply with any of these terms or any other Conditions MyCotra reserves the right to keep information relating to the breach, to publish or disclose this information on the Members online profile and to suspend or withdraw the Members access to the Site. That they shall ensure that all other persons who accompany the Co-Traveller in the Trip comply with these Conditions as applicable to a Co-Traveller.
The Car Owner agrees and undertakes to take out and maintain a comprehensive insurance to cover third party liability, the occupants of the Vehicle and the Trip offered or booked through the Site. 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 also undertakes to hold a valid driving license and that the Car Owner will own or will be entitled to use the Vehicle and that the Vehicle will have a valid PUC (Pollution Under Control) certificate and the Co-traveller is entitled to request evidence of the Car Owners insurance, registration certificate (log book), driving licence and PUC certificate at any time up to completion of the Trip. It is the Car Owner (/Rider)s responsibility to ensure that their insurance provides adequate cover to Co-traveller/Passenger for the trip. It is up to each Car Owner (/Rider) and Co-traveller (/Passenger) to confirm with each other that the Car Owner & Passengers are covered by valid insurance. The Car Owner must confirm that their insurance policy allows them to carry Co-travellers and that their insurance policy covers all Co-travellers in case of any accident or incident, which may occur during a Trip.
Dispute between Members MyCotra may at its sole discretion provide its Members with an online service for resolving disputes. This service is non-binding. MyCotra is under no obligation to seek to resolve disputes and this service is offered at MyCotra’s sole discretion and may be withdrawn at any time.
Jurisdictions 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 Bangalore.
Verification of IDs and Phone number
By accepting the terms and conditions contained herein, every Member or any person who wishes to register as a Member hereby agrees and consents to the fact that MyCotra may collect IDs / documents belonging to them including but not limited to Driving License, Passport, PAN Card and AADHAR card, or other relevant proof-of-identity documents - for the purpose of verification of the information contained in such IDs / documents by third party service providers.
MyCotra shall not be liable for any loss or damage arising as a result of: False, misleading, inaccurate or incomplete information being provided by a Member; The cancellation of a Trip by a Car Owner or Co-traveller; Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Car Owner or Co-traveller before, during or after a Trip. MyCotra will not be liable to any Member for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of the services provided by, or enabled through, the MyCotra platform (whether suffered or incurred as a result of the MyCotra’s negligence or otherwise). MyCotra will not be liable to any Member in relation to any Trip unless MyCotra is notified of a claim relating to that Trip within 15 days of completion of the Trip Given that Car Owners are required to hold valid insurance to cover a Trip and given that MyCotra’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 MyCotra’s liability set out above are reasonable.
MyCotra owns and retains ownership in the MyCotra Platform, and all intellectual property therein. Contingent upon Your compliance with the terms and conditions of this Agreement, MyCotra hereby grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the MyCotra Platform on
1. any Android and IOS device that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the "Usage Rules").
This license does not allow You to use the MyCotra Platform on any Android device, You do not own or control, and You may not distribute or make the MyCotra 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 MyCotra 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 MyCotra 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 MyCotra 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 MyCotra that replace and/or supplement the MyCotra 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 MyCotra 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 MyCotra, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services.
Any of Your Information, including geo location a data, You upload, provide, or post on the MyCotra Platform may be accessible to certain Users of the MyCotra Platform. We cannot verify or guarantee the accuracy of the information Users provide Us on the MyCotra Platform, and We do not control the information provided by other Users that is made available through Our system. Therefore, MyCotra 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 MyCotra Platform. Please note that there are also risks of dealing with underage persons or people acting under false pretence. By using the MyCotra Platform, You agree to accept such risks and MyCotra is not responsible for the acts or omissions of users on the MyCotra Platform. In order to help You evaluate with whom You are dealing, MyCotra can link to a User’s Facebook.com, Twitter.com, Instagram.com, Google+ profile if they supply Us with their account information. We also encourage You to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
MYCOTRA E-MAIL AND TEXT COMMUNICATIONS
E-mail communications and text messages sent from Us or through Us are designed to make Your MyCotra experience more efficient. By becoming a Participant, You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails or text messages informing You about potential available Drivers or Riders and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. Standard text messaging charges applied by Your cell phone carrier will apply to text 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-enrol in the notification service. MyCotra 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 text messages, please do not use the Services.
All intellectual property rights on the MyCotra Platform and in the Services 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 MyCotra Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the MyCotra Platform or the Services ("Submissions"), provided by You to Us are non-confidential and shall become the sole property of MyCotra. MyCotra 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.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
MyCotra respects the intellectual property of others, and expects Users to do the same. If You believe, in good faith, that any materials on the Services infringe upon Your copyrights, please send the following information to MyCotra at
MyCotra Technologies Pvt Ltd
#203, The Arcade, Whitefield Main Rd, Brigade Metropolis
Garudachar Palya, Mahadevapura,
Bengaluru, Karnataka 560048
A description of the copyrighted work that You claim has been infringed, including specific location on the Services where the material You claim is infringed is located. Include enough information to allow MyCotra to locate the material, and explain why You think an infringement has taken place;
A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
Your address, telephone number, and e-mail address;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by You, made under penalty of perjury, that the information in Your notice is accurate, and that You are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
You will defend, indemnify, and hold Us and Our officers, directors, employees, agents 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 Service, 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, Drivers, 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 Services 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 passenger vehicle, including Your provision of rides to Riders; and/or
any other activities in connection with the 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 Services, 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 Services 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 Services, or transmitted to participants. We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Services. 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 Services 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 MyCotra Platform contains (or You may be sent through the MyCotra Platform or the Services) 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 MyCotra Platform or any Third Party Applications, Software or Content posted on, available through or installed from the MyCotra 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 MyCotra 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 MyCotra Platform or relating to any applications You use or install from the MyCotra Platform.
We, Our subsidiaries, officers, directors, employees and our suppliers provide the MyCotra Platform and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the MyCotra Platform and/or the Services. We, Our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. We do not warrant that your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the MyCotra Platform or the Services by persons under the age of 18 in violation of this Agreement. We are not responsible or liable in any manner for any Content posted on the MyCotra Platform or in connection with the Service, whether posted or caused by Users of the MyCotra Platform, by MyCotra, by third parties or by any of the equipment or programming associated with or utilized in the MyCotra Platform or the Services. Although we provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the MyCotra Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the MyCotra Platform or in connection with any Content. MyCotra is not responsible for the conduct, whether online or offline, of any user of the MyCotra Platform or Services. It also is possible for others to obtain personal information about You due to Your use of the MyCotra Platform or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the MyCotra Platform or through the Services.
You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the MyCotra Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized users, or "hackers"). MyCotra only offers a venue that enables drivers and riders to match with each other. MyCotra does not offer transportation services and MyCotra is not a transportation company. We are not involved in the actual transportation provided by Drivers to Riders. As a result, We have no control over the quality or safety of the transportation that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the of Participants’ information listed on the MyCotra Platform. We cannot ensure that a Driver or Rider is who he or she claims to be or that a Driver or Rider will actually complete an arranged service. We reserve the right to change any and all Content, software and other items used or contained in the MyCotra Platform and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by MyCotra or the MyCotra Platform.
The MyCotra Platform and the Services may be temporarily unavailable from time to time for maintenance or other reasons. MyCotra assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. MyCotra is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the MyCotra Platform, on any web site or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, 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 SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH MYCOTRA, OUR SERVICES 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 USING THE SERVICES IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF MYCOTRA OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF MYCOTRA OR THE SERVICES, OR INTRODUCED TO YOU VIA MYCOTRA OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
MyCotra has no responsibility whatsoever for the actions or conduct of drivers or riders. MyCotra has no obligation to intervene in or be involved in any way in disputes that may arise between drivers, riders, or third parties. Responsibility for the decisions you make regarding providing or accepting transportation rest solely with You. It is each rider and driver’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the services. MyCotra may but has no responsibility to screen or otherwise evaluate potential riders or users. Users understand and accept that MyCotra has no control over the identity or actions of the riders and drivers, and MyCotra requests that users exercise caution and good judgment when using the services. Drivers and riders use the services at their own risk.
In the event that You have a dispute with one or more Users, You agree to release MyCotra (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 MyCotra Platform or the 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 MyCotra 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 MyCotra Platform or the Services.
AGREEMENT TO ARBITRATE ALL DISPUTES AND LEGAL CLAIMS
You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the MyCotra Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND MYCOTRA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Except as explicitly stated otherwise, any notices to MyCotra shall be given by certified mail, postage prepaid and return receipt requested MyCotra Technologies Pvt Ltd, #203, The Arcade, Whitefield Main Rd, Brigade Metropolis, Garudachar Palya, Mahadevapura, Bengaluru, Karnataka 560048 and any notices to You shall be provided to You through the MyCotra Platform or given to You via the email address You provide to MyCotra during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to MyCotra during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Service, You should first contact Our Customer Service Department by email at support@MyCotra.com.
This Agreement shall be governed by the laws India without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by MyCotra, in Our sole discretion in accordance with the "Notices" section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and MyCotra with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.