These Terms & Conditions (Conditions) is made by LyftOxi (as defined hereinafter) and shall apply to your visit and your use of Services (as defined hereinafter) provided through our Site and / or Application (as defined hereinafter).
Members are hereby allowed to use the Services, subject to acceptance in full, of the Conditions mentioned herein below and any other conditions as specified by LyftOxi from time to time on the Application and / or on the Site.
Application shall mean such mobile applications which are owned, maintained and operated by LyftOxi and all screenshots, pages appearing, appended, available along with such mobile applications
Conditions mean these Terms & Conditions and Privacy Policy of LyftOxi as notified on the Site and / or the Application
Cost Contribution means the amount calculated at the end of each Trip on the basis of pre-disclosed parameters which shall be payable by a Lift Taker as part of his/her contribution towards the cost of the Trip
LyftOxi, who owns, operates and maintains the Site and Application, providing web and mobile based digital platform for enabling peer to peer ride sharing, on mutual consent between a Lift Giver and a Lift Taker
Lift Giver means a Member who through the Site or Application offers to share the Vehicle with a Lift Taker for a Trip in exchange for the Cost Contribution, less Convenience Fees
Lift Taker means a Member who has accepted an offer to be transported by a Lift Giver in the Vehicle for a Trip in exchange for the Cost Contribution
Member refers to any persons who have registered themselves with LyftOxi by using the Site or the Application, after accepting the Conditions
Privacy Policy shall mean such privacy policies published on the Site and / or the Application along with these Terms and Conditions
Ride Points means the certain free credits that might be given by LyftOxi as part of promotional offers, for the use by Lift Taker to pay part/full of the Cost Contribution
Ride Sharing shall mean the mutually agreed sharing of a ride in the Vehicle of a Lift Giver by a Lift Taker for a particular Trip in exchange for a Cost Contribution and Convenience Fees
Site means the website www.LyftOxi.com and any other electronic medium platform maintained or operated by LyftOxi which offers similar services including any microsites or sub-sites offered through any such website
Service refers to any service provided by LyftOxi through the Site or the Application to any Member who has accepted the Conditions
Trip means a given journey in relation to which a Lift Giver and a Lift Taker have mutually agreed upon the communication enabled through the Site or the Application
User Account means an account which shall be opened by any Member using the Site or the Application and used in order to access the Service provided by LyftOxi through the Site or Application
Vehicle means the vehicle owned by Lift Giver or vehicle whose full capacity is rented by Lift Giver for intra-city ride or inter-city ride, of which vacant space is offered by a Lift Giver for Ride Sharing to a Lift Taker
1.2.1 The Conditions apply to any and all uses of the Site or the Application by a Member. It is hereby agreed acknowledged and confirmed by the Members that by using the Site or Application, the Members signify their acceptance to these Conditions in full and agree to be bound by them.
1.2.2 No access to the Services shall be permitted unless the Conditions are accepted in full. No Member is entitled to accept part only of the Conditions. If a Member does not agree to the Conditions, such Member shall not be allowed to use the Services.
1.2.3 All Members agree to comply with the Conditions and accept that their personal data may be processed in accordance with the Privacy Policy.
1.2.4 In the event that any Member fails to comply with any of the Conditions, LyftOxi 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 Member without notice.
1.2.5 These Conditions are intended to create binding rights and obligations between the Members and LyftOxi in accordance with the Indian Contract Act, 1872 and all other applicable laws.
1.3.1 LyftOxi reserves the right to change, modify or amend any or all the Conditions at any time without any prior notice. In addition, LyftOxi may vary or amend the Services provided through the Site or the Application, functionality of the Site and/ or the Application and/ or the 'look and feel' of the Site and / or the Application at any time without notice and without any liability towards the Members.
1.3.2 Any modification to the Site, Application, Services or Conditions shall come into effect as soon as such changes are published on the Site and / or the Application.
1.3.3 Members shall be deemed to have accepted any varied Conditions in the event that they use any Services offered through the Site or the Application following publication of the varied Conditions. However, Changes will not apply to any bookings which have been made prior to publication of the varied Conditions.
2.1.1 In order to use the Service each Member must create a User Account and shall agree to provide any personal information requested by LyftOxi. Use of the Site and Application is limited to those over the age of 18 years at the time of registration.
2.1.2 Members agree and accept that all of the information provided to LyftOxi while 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 LyftOxi or posted on the Site and / or Application in connection with any Trip, Vehicle or Ride Sharing shall be true, accurate and complete.
2.1.3 Members agree and understand that LyftOxi shall not undertake any verification to confirm the accuracy of any information provided by the Members on the Site and / or the Application or to a Lift Taker or Lift Giver, as the case maybe. LyftOxi shall not be liable to any Member in the event that any information provided by another Member is false, incomplete, inaccurate, misleading or fraudulent.
2.1.4 Unless expressly agreed by LyftOxi, Members are limited to one User Account per Member. No User Account may be created on behalf of or in order to impersonate another person. If any person is found impersonating another person then LyftOxi reserves the right to withdraw and / or suspend such User Account.
2.2.1 LyftOxi provides an electronic platform though it's Application and Site, on which Members can offer Ride Sharing or ask for Ride Sharing and then enter into a mutual agreement for Ride Sharing for a Trip, after seeing the profile of each other, Vehicle and its Cost Contribution parameters.
2.2.2 Neither LyftOxi nor its Site or Application provides any transport services. The Services provided by LyftOxi correspond to providing web and mobile based platform, which enables Ride Sharing among the Members within city limits and outside city limits, including inter-city all over India. Services are available only to those individuals or companies who can form legally binding contracts under the Indian Contract Act, 1872 and all other applicable laws. Therefore, Member must not be a minor as per the laws of India i.e. Member must be at least 18 years of age to be eligible to use Services provided by LyftOxi. The agreement for Ride Sharing is between a Lift Giver and a Lift Taker.
2.2.3 Neither LyftOxi provides transportation services nor is a transportation carrier. It offers information and a platform to offer and make Ride Sharing possible, but does not intend to provide transportation services or act in any way as a transportation carrier.
2.2.4 LyftOxi does not have any say in any of its member agreeing to or not agreeing to offering lift or sending request for lift or accepting request for lift as part of Ride Sharing. The Members are independent entities and have no contract with LyftOxi to provide any service to any Lift Giver or Lift Taker, who are the registered Members of LyftOxi. The contract with LyftOxi pertains only with use of services provided by LyftOxi. This Agreement does not suggest or imply, any intention or attempt by LyftOxi, to coerce or force Lift Giver or Lift Taker, to offer or request or accept Ride Sharing.
2.3.1 The Site, Application and the Services are strictly limited to providing a Service for Lift Givers and Lift Takers to enable Ride Sharing. The Services may not be used to offer or accept Ride Sharing for hire or reward or for profit or in any commercial or professional context. The Services may be used only to offer or accept Ride Sharing in exchange for sharing the cost of the Trip between the Lift Giver and the Lift Taker.
2.3.2 Lift Givers agree and confirm not to obtain any hire or reward or make profit in any form, from any Trip. The Service and the Cost Contribution may only be used to discharge the part of Lift Giver's costs towards that Trip and shall not be used to generate any hiring charges or reward or profit in any form by the Lift Giver. The Lift Giver hereby agrees that it is not entitled to make any profit by virtue of the amount of the Cost Contribution, the types of Trips offered by a Lift Giver, the frequency of such Trips or the number of Lift Takers transported. This applies to all activities, arrangements and Services booked using the Site or Application.
2.3.3 The Lift Giver shall not provide any additional services to a Lift Taker in exchange for hiring charges or any reward or for profit or otherwise (and the Lift Taker shall not accept or ask for any such services) including (without limitation) package delivery, waiting time, additional drop offs and pick-ups and collecting additional passengers (other than the Lift Taker).
2.3.4 Lift Giver offering Ride Sharing in owned car: Members are informed that using the Services and offering Trips in for hire or reward or in a commercial or professional capacity may invalidate a Lift Giver's insurance and invite adverse legal actions by the road transport authorities. LyftOxi shall not be liable for any loss or damage incurred by a Member as a result of any breach by a Member of these Conditions, including where any Lift Giver (in breach of these terms) offers Services through the Site or Application in a professional or commercial capacity (thereby potentially invalidating their insurance). Any offering of Trips in violation of the Conditions or otherwise shall be at the sole risk such Member and LyftOxi shall have no liability towards Members for such violations.
2.3.5 Lift Giver offering Ride Sharing in hired car: Lift Giver shall offer Ride Sharing in a hired car only when a Lift Giver has hired a vehicle in its full capacity and is allowed to go alone or with co-passengers in that hired car for their Trip. Nevertheless, Members are reminded that the owner or any representative of the owner of such hired car may charge extra money to allow Lift Giver to offer Ride Sharing to Lift Taker. In such circumstances, it shall be the sole liability of the Lift Giver to bear such extra charge with no recourse to LyftOxi or to Lift Takers. It is expressly stated that neither the Lift Taker nor LyftOxi would be held liable for such extra charge to be paid by the Lift Giver.
In case the owner or a representative of the owner of hired car refuse to allow Lift Giver offer Ride Sharing to Lift Taker, the Lift Giver would immediately cancel the offered Ride Sharing through the Site or Application. LyftOxi would not be held responsible for any loss or consequential loss borne by the Lift Giver or Lift Taker or the owner or representative of owner of hired car due to such cancellation.
2.4.1 In case a Lift Giver is offering Ride Sharing in owned cars:
a) The Lift Giver shall have a comprehensive insurance to cover third party liability.
b) The Lift Giver agrees that it shall, on request by the Lift Taker, provide enough documentary evidence, in advance of the Trip, of the complete validity of its insurance policy.
c) The Lift Giver also undertakes to hold a valid driving license, if he is offering Ride Sharing in a self-driven car.
2.4.2 It is hereby presumed by LyftOxi that governmental authorities take the view that a Lift Taker who contributes only towards travel expenses is treated as travelling without hire or reward to the driver, and is therefore a third party passenger who is covered by comprehensive third party insurance policy in India. However LyftOxi gives no warranty or assurance in this regard.
2.4.3 The Lift Giver and the Lift Taker are aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Lift Giver had made or was seeking to make a profit while offering Ride Sharing in the car owned by Lift Giver.
2.4.4 If the insurers repudiate or refuse to accept any claim arising during a Trip for any reason whatsoever, the Lift Giver shall be responsible for the financial consequences, losses and damages arising out of it and under no circumstances LyftOxi shall be liable to the Lift Giver or the Lift Taker.
LyftOxi may at its sole discretion provide its Members with an online service for resolving disputes. This service is non-binding. LyftOxi is under no obligation to seek to resolve disputes and this service is offered at LyftOxi's sole discretion and may be withdrawn at any time.
3.1.1 Members shall access the Services on the Site and / or the Application at their own risk and using their best and prudent judgment and enter into Ride Sharing agreement with other Member registered on the Site and / or the Application. LyftOxi will neither be liable nor responsible for any actions or inactions of Members nor any breach of conditions, representations or warranties by the Members. LyftOxi hereby expressly disclaims and any and all responsibility and liability in arising out of the use of the Site and / or Application.
3.1.2 LyftOxi expressly disclaims any warranties or representations (express or implied) in respect of Trips, accuracy, reliability and completeness of information provided by Members, or the content (including details of the Trip and Cost Contribution) on the Site or the Application. While LyftOxi will take precautions to avoid inaccuracies in content of the Site and the Applications, all content and information, are provided on an as is where is basis, without warranty of any kind. LyftOxi does not implicitly or explicitly support or endorse any of the Members availing Services from the Site and / or the Applications.
3.1.3 LyftOxi is not a party to any Ride Sharing agreement between a Lift Giver and Lift Taker and will not be liable to either the Lift Giver or the Lift Taker.
1 A false, misleading, inaccurate or incomplete information being provided by a Member;
2 The cancellation of a Trip by a Lift Giver or Lift Taker;
3 Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Lift Giver or Lift Taker before, during or after a Trip.
3.5 LyftOxi will not be liable to any Member for any personal, business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, lost of anticipated savings or lost opportunity arising as a result of the Services provided by LyftOxi (whether suffered or incurred as a result of the LyftOxi's negligence or otherwise).
4.1.1 Members will indemnify and hold harmless LyftOxi, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand made by any third party or penalty imposed due to or arising out of breach of these Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
4.1.2 The indemnification rights of the LyftOxi, its subsidiaries, affiliates and their respective officers, directors, agents and employees under this Terms and Conditions are independent of, and in addition to, such other rights and remedies as the LyftOxi, its subsidiaries, affiliates and their respective officers, directors, agents and employees may have at law or in equity or otherwise, including the right to seek specific performance, rescission, restitution or other injunctive relief, none of which rights or remedies shall be affected or diminished thereby
No arrangement between the Members and LyftOxi shall constitute or be deemed to constitute an agency, partnership, joint venture or the like between the Members and LyftOxi.
In the event of non-compliance on your part with all or some of the Conditions, you acknowledge and accept that LyftOxi can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or your access to the Site and / or the Application (including in particular your User Account).
5.3.1 The format and content included on the Site and the Application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of LyftOxi, its affiliates or its content suppliers and are protected under applicable copyright, trademark and other proprietary rights laws.
5.3.2 All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to LyftOxi) which appear on the Site and the Application.
5.3.3 The Site and Application or any portion of the Site and the Application may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of LyftOxi. No person is entitled to systematically extract and/or re-utilise parts of the contents of the Site and Application without the express written consent of LyftOxi. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this Site and / orof Application is strictly prohibited.
5.4.1 By displaying content on this Site and Application, Members expressly grant a license to LyftOxi to display the content and to use it for any of our other business purposes.
5.4.2 Members of this Site and Application shall not upload, distribute or publish through the Site and / or Application, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act 2000 or such other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to LyftOxi or that aids in providing the services offered by LyftOxi.
5.4.3 Members of this Site and Application shall not disseminate or upload viruses, programs, or software whether it is harmful to the Website or not. Additionally, Members shall not impersonate another person or user, attempt to get a password, other user account information, or other private information from a user, or harvest email addresses or other information.
5.4.4 Members of this Site and Application are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content which is contrary to LyftOxi’s policy and LyftOxi does not accept liability in respect of such content, and the Member responsible will be personally liable for any damages or other liability arising and agrees to indemnify LyftOxi in relation to any liability it may suffer as a result of any such content. However as soon as LyftOxi becomes aware of infringing content, LyftOxi shall do everything it can to remove such content from the Site and / or Application as soon as possible.
6.1.1 Every Lift Giver, if driving the Vehicle, undertakes not to take any risks and not to consume any alcohol, drugs (whether recreational or prescription) which may impair or alter Lift Giver's ability to drive safely and with due care and attention. Further, the Lift Taker agrees not to hinder the Lift Giver's driving in any way.
6.1.2 Members are required to be careful even when providing information through the Site and / or Application or directly to Members. LyftOxi does not take steps to verify the identity of any Member.
6.1.3 Member should report any abuse or harassment to LyftOxi immediately by contacting us on details given on "Contact Us" page.
6.2.1 All Members agree to provide any other Member with such information and documents as the other Member may reasonably request in the event that Members are participating in a Ride Sharing. The identities of the Lift Taker and the Lift Giver must correspond to those communicated through or to LyftOxi's Site and / or Application.
6.2.2 A Lift Taker or Lift Giver may refuse to participate in Ride Sharing if the identity of the other Member does not correspond to that provided through or to LyftOxi's Site and/or Application.
All Members agree to comply with and adhere to the times and places fixed for pickup points. The Lift Giver and Lift Taker must present themselves at the place and time agreed for the pickup.
6.4.1 The Lift Giver, while driving the car, agrees that they and the vehicle will at all times comply in full with any other applicable rules and legislation relating to their driving and the vehicle including speed limits, number of people on-board the Vehicle, loading restrictions etc.
6.4.2 All Members agree not to carry or transport any substance, material or object which is illegal, dangerous, offensive or anti-social during a Journey.
Every Member undertakes that they will be clean and tidy at departure and during the Trip so as not to offend or inconvenience other Member.
Members must agree with each other the following conditions prior to the Trip and these conditions will form part of the agreement between Members
No user of the Site and / or Application shall publish on the Site and / or Application any defamatory or offensive information or information that may be damaging to third parties. LyftOxi shall remove any information that is contrary to this policy as soon as it becomes aware thereof (but LyftOxi does not actively monitor the site and / or Application for such information). Lift Givers and Lift Takers accept in advance that ratings about them may be published on the Site and / or the Application.
These terms shall be governed by the law of India and any disputes arising in relation to these terms shall be subject to the jurisdiction of the Kolkata Highcourt.