Terms and Conditions

SWARI TERMS AND CONDITIONS


1. GENERAL CONDITION OF USE

1.1 Scope and Definitions

These General Conditions of Use apply to all services provided by SWARI (defined herein below). SWARI is a trade name owned and operated by TRIVA in India.

Defined Terms:

  • "SWARI" means TRIVA, a business, and hereafter referred to as TRIVA.
  • "Conditions" mean these General Conditions of Use, including the Good Conduct Charter and Privacy Policy of SWARI as notified on the SWARI app.
  • "APP User" refers to a registered user of the SWARI app.
  • "Service" refers to any service provided by SWARI through the SWARI app to any User.
  • "SWARI app" means the SWARI mobile application.
  • "Trip" means a given journey in relation to which Taxi Owners have agreed upon a transaction through the SWARI app.
  • "User Account" means an account with the SWARI app opened by a User and used to access the Service provided by SWARI through the SWARI app.
  • "Vehicle" means the vehicle offered by a Taxi Owner for transportation.
  • “Trip Boost” means a taxi Driver boosts his trip by paying an amount to show his listing on top of others in their Departure point.

1.2 Acceptance of Conditions

The Conditions apply to any and all use of the SWARI app by a User. By using the SWARI app, APP Users express their full acceptance of these Conditions and agree to be bound by them.

No access to the Services will be permitted unless the Conditions are accepted in full. No User is entitled to accept only part of the Conditions. If a User does not agree to the Conditions, such User may not use the Services.

All APP Users agree to comply with the Conditions and accept that their personal data may be processed in accordance with the Privacy Policy.

In the event that any User fails to comply with any of the Conditions, SWARI reserves the right, but not the obligation at its own discretion, to withdraw the User Account in question and suspend or withdraw all Services to that User without notice.

These Conditions are intended to create binding rights and obligations between APP Users and SWARI in accordance with the Indian Contract Act, 1872.

1.3 Variation of the Conditions, SWARI app, and Service

SWARI reserves the right to modify the Conditions at any time. In addition, SWARI may vary or amend the Services provided through the SWARI app, the SWARI app functionality, and/or the "look and feel" of the SWARI app at any time without notice and without liability to APP Users.

Any modification to the SWARI app, Services, or Conditions will take effect as soon as such changes are published on the SWARI app, subject to communication of any material change to the Conditions to the APP Users in an email.

APP Users will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the SWARI app following publication of the varied Conditions. Changes will not apply to any transactions that have been made prior to the publication of the varied Conditions.


2. USE OF THE SERVICE

2.1 User Account and Accuracy of Information

To utilize the Services, each User must create a User Account and agree to provide any personal information requested by SWARI. APP Users are required to provide accurate information, including their name, business name, address, valid mobile number, email ID, or any other account details furnished. Use of the SWARI app is limited to those over the age of 18 years at the time of registration.

APP Users agree that all information provided to SWARI shall be true, correct, complete, and accurate. SWARI does not verify the accuracy of the information provided by APP Users and will not be liable for false, incomplete, inaccurate, misleading, or fraudulent information.

2.2 Commercial Activity and Status of SWARI

The SWARI app and its Services are strictly limited to providing a platform for Taxi Owners to connect with other Taxi Owners for business. The Services may only be used for sharing business opportunities and cannot be used for any other activities.

SWARI emphasizes that it is not involved in the transactions between Taxi Owners and does not act as an agent for any APP Users. Any breach of these conditions may result in the suspension of the User Account.

2.3 Trip Booking and Payment

SWARI provides an online booking service to facilitate the booking of Taxis and Passengers by Taxi Owners/Travel Agencies. APP Users understand that SWARI is not involved in the transaction details, including payment and cancellations, and APP Users have no recourse to SWARI for aspects of the transaction. SWARI reserves the right to modify aspects of the app or Service, and APP Users acknowledge that the app's functionality may be temporarily suspended during non-operational periods.

2.4 Subscription Fee: Pricing and Fees

2.4.1 Subscription Fee Structure

After the trial period of 60 days, SWARI implements a flat monthly subscription fee for utilizing the app, and this fee is valid for a duration of 30 days. APP Users acknowledge and agree to the specified pricing and fee structure outlined by SWARI for the subscription fee. Continued use of the SWARI app after the trial period is deemed as acceptance of the associated charges.

2.4.2 Communication of Changes

SWARI retains the right to modify the subscription fee structure, including any alterations to charges. In such cases, SWARI commits to notifying users in advance of any changes to ensure transparency regarding pricing adjustments.

Including this section provides clarity on the subscription fee model and ensures that users are informed about the associated charges for using the SWARI app.

2.5 Trip Boost Feature

SWARI offers an optional feature known as "Trip Boost," allowing Taxi Owners to enhance the visibility of their trips. With Trip Boost, Taxi Owners have the option to pay a fee, subsequently elevating their trip listing to appear at the top of all available trips in the departure origin.

2.5.1 Boosting Visibility

By availing the Trip Boost feature, Taxi Owners can prominently showcase the availability of their taxis, ensuring increased visibility to potential booking. The boosted listing will be prioritized, making it more noticeable to users searching for transportation in the specified departure origin.

2.5.2 Fee Structure

Taxi Owners interested in utilizing the Trip Boost feature acknowledge that a fee is associated with this service. The fee details will be communicated within the app, and Taxi Owners agree to the specified charges for availing the Trip Boost feature.

2.5.3 Limitations and Validity

It is important to note that utilizing the Trip Boost feature does not guarantee bookings. While this feature enhances visibility, actual bookings depend on user preferences, demand, and other factors.

The Trip Boost feature is only valid till trip booking or until the date of the trip for which it is boosted. After the trip date has passed, the boosted status will expire, and Taxi Owners will need to consider boosting their trips for subsequent dates if they wish to maintain enhanced visibility.

SWARI reserves the right to modify the Trip Boost feature, including its fee structure, and will notify users of any changes in advance. APP Users continuing to utilize the Trip Boost feature after modifications accept the updated terms and conditions related to this service.

 2.6 Taxi Owners/Travel Agency Obligations

  • Ensure that the Trip is not for any fraudulent, unlawful, or criminal activity.
  • Procure a comprehensive insurance policy for the Vehicle.
  • Present themselves on time and at the agreed place with the specified Vehicle.
  • Immediately inform passengers and the concerned Taxi owner of any changes to the Trip.

2.6.1 Vehicle Information

  • Taxi Owners are required to provide accurate and up-to-date information when adding a vehicle to the SWARI app. This includes details such as the make, model, and year of the vehicle. SWARI relies on this information to enhance the accuracy and efficiency of the service provided.

Any failure to comply with these terms may result in the suspension of the User Account.

2.7 Insurance

Taxi Owners must maintain comprehensive insurance covering third-party liability, occupants of the Vehicle, and the Trip. SWARI does not guarantee insurance coverage and recommends Taxi Owners verify their insurance provides adequate cover. Taxi Owners must ensure that any financial consequences, losses, or damages arising from insurance issues are the responsibility of the Taxi Owner.

2.8 Management of Disputes Between APP APP Users

SWARI may provide users with an online service with a ticket system for resolving disputes at its discretion, but it is non-binding. SWARI is not obligated to resolve disputes and may withdraw this service at any time.

2.9 Verification of IDs and Phone Number

By accepting the terms and conditions, APP Users agree that SWARI may collect IDs/documents for verification. APP Users will also verify their mobile numbers and other details.

2.10 Messages Between Taxi Owners

APP Users agree not to send prohibited messages, and SWARI reserves the right to suspend or terminate User Accounts for non-compliance.

2.11 Contacting APP Users

APP Users agree and consent to SWARI communicating via phone calls, SMS, email, or other means deemed fit. Such communications may be recorded for training and quality purposes.

These terms and conditions are subject to change, and APP Users accept any modified conditions by using SWARI's services following the publication of changes.

 

3. DISCLAIMER OF LIABILITY

3.1 Use of the SWARI App

APP Users acknowledge that accessing the Services through the SWARI app is at their own risk, and they should exercise their best judgment before engaging in any arrangements with other APP Users. SWARI shall not be held liable for any actions, inactions, or breaches of conditions by APP Users. SWARI explicitly disclaims any responsibility and liability arising from the use of the SWARI app.

3.2 Warranties and Representations

SWARI explicitly disclaims any warranties or representations, whether express or implied, regarding Trips, accuracy, reliability, or completeness of information provided by APP Users. While SWARI takes precautions to ensure content accuracy, all information on the app is provided on an "as-is, where-is" basis, without warranty of any kind. SWARI does not implicitly or explicitly endorse or support any APP Users availing Services from the app.

3.3 Non-Involvement in Agreements

SWARI is not a party to any agreement between Taxi Owners and does not accept liability unless the loss or damage arises due to SWARI's negligence.

3.4 Limitation of Liability

SWARI shall not be liable for any loss or damage arising from:

  • False, misleading, inaccurate, or incomplete information provided by an APP User.
  • Cancellation of a Trip by a Taxi Owner.
  • Failure of payment from a Taxi Owner or their customer.
  • Fraud, fraudulent misrepresentation, or breach of duty by a Taxi Owner or Traveller before, during, or after a Trip.

SWARI is not liable for any business, financial, or economic loss or any consequential or indirect loss. Given that Taxi Owners are required to hold valid insurance, and SWARI's service is limited to connecting Taxi Owners, APP Users accept the reasonableness of the liability limitations outlined above.

 

4. INDEMNITY AND RELEASE

4.1 Indemnification

APP Users will indemnify and hold harmless SWARI, its subsidiaries, affiliates, and their respective officers, directors, agents, and employees from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions or any document incorporated by reference, or your violation of any law, rules, regulations, or the rights of a third party.

4.2 Release

APP Users release SWARI and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions/inactions of the APP Users and specifically waive any claims or demands that they may have in this regard under any statute, contract, or otherwise.

 

5. GENERAL TERMS

5.1 Nature of Relationship

No arrangement between the APP Users and SWARI shall constitute or be deemed to constitute an agency, partnership, joint venture, or any similar relationship between the APP Users and SWARI.

5.2 Site Access Suspension or Withdrawal

In case of non-compliance with any or all of the Conditions, you acknowledge and accept that SWARI can, at any time and without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or your access to the SWARI app (including, in particular, your User Account).

5.3 Intellectual Property

The format and content included on the SWARI app, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SWARI, its affiliates, or its content suppliers and is protected by India and international copyright, authors’ rights, and database right laws.

All rights are reserved concerning any registered and unregistered trademarks (whether owned or licensed to SWARI) appearing on the app.

The SWARI app or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of SWARI. No person is entitled to systematically extract and/or re-utilize parts of the app's content without the express written consent of SWARI. Specifically, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) substantial parts of this app is strictly prohibited.

5.4 APP Users-Provided Content

By displaying content on the SWARI app, APP Users expressly grant a license to SWARI to display the content and to use it for any of its other business purposes.

APP Users are expressly asked not to publish any defamatory, misleading, or offensive content or any content that infringes on any other person's intellectual property rights (e.g., copyright). Any such content that contradicts SWARI’s policy is not accepted, and the APP Users responsible will be personally liable for any damages or other liability arising. The APP Users agrees to indemnify SWARI in relation to any liability it may suffer as a result of any such content. However, as soon as SWARI becomes aware of infringing content, SWARI shall take immediate action to remove such content from the app

5.5 Payment Gateway

SWARI utilizes the payment gateway for processing subscription fees and boosting fees. By using the SWARI app, you agree to abide by the terms and conditions set forth by. The payment process is secure, and you may refer to PhonePe's terms of service for more details on payment transactions.

Please note that any issues or disputes related to payments should be addressed with directly, and SWARI will not be held responsible for matters pertaining to the payment gateway.

APP Users are encouraged to review terms of service and privacy policy to ensure a comprehensive understanding of the payment processes.

This section provides users with clarity on the payment gateway being used, encourages them to refer to terms, and specifies that payment-related matters are the responsibility of Adjust the language as needed based on your specific business model and agreements with
 
5.6 Referral Program

SWARI offers a referral program that allows users to refer the SWARI app to others and earn rewards. By participating in the referral program, you agree to the following terms and conditions:

5.6.1 Eligibility:

  • To be eligible for the referral program, you must be a registered SWARI app user.
  • Referrals should only be made to individuals who have given their consent to receive such referrals.

5.6.2 Earning Rewards:

  • APP Users who refer the SWARI app to others may be eligible to earn monetary rewards from SWARI.
  • SWARI determines the referral reward criteria, amount, and eligibility conditions, and reserves the right to modify them at any time

5.6.3 Redemption of Rewards:

  • APP Users can redeem earned rewards based on the terms outlined by SWARI.
  • SWARI reserves the right to modify or terminate the referral program at any time without prior notice.

5.6.4 Compliance:

  • APP Users participating in the referral program must comply with these terms and conditions and any additional guidelines provided by SWARI.
  • SWARI reserves the right to withhold rewards or terminate a user's participation in the referral program if there is a violation of these terms.

5.6.5 Modification:

  • SWARI may modify the terms of the referral program at its discretion. APP Users will be notified of any changes.

By participating in the referral program, users acknowledge and agree to abide by these terms and conditions.

 

6. LAW AND JURISDICTION

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

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