Terms and Conditions for Vayu - Book Auto/Cab

This document outlines the Terms and Conditions ("T&C") governing the use of the Vayu - Book Auto/Cab("Platform"), owned and operated by [Passdn Technologies Private Limited]. Please read these terms carefully before using the Platform. By accessing and using the Platform, you acknowledge and agree to be bound by these T&C. If you do not agree, please refrain from using the Platform.

1. Introduction and Contractual Relationship

1. Vayu is a Software-as-a-Service (SaaS) platform enabling lead generation for drivers ("Captains") who independently offer passenger transport services to users ("you" or "User").
2. Vayu does not provide transportation services and is not a transportation carrier. Vayu"s role is limited to facilitating the discovery of Captains and Users.
3. By using the Platform, you acknowledge that Vayu is not responsible for the quality, safety, or legality of the services provided by Captains.

2. Registration and Account Management

1. To access the Platform, you must create an account (“Your Account”) by providing accurate and up-to-date information. You are responsible for maintaining the confidentiality of your login credentials.
2. Users must be at least 18 years old and capable of entering into legally binding contracts under the Indian Contract Act, 1872.
3. Users are prohibited from transferring, assigning, or selling their accounts to third parties.
4. Vayu reserves the right to suspend or terminate Your Account in case of unauthorized access, fraudulent activity, or violation of these T&C.

3. Use of the Platform

1. Users may utilize the Platform to connect with Captains and book rides. Vayu provides estimated fare ranges for guidance only, and the final fare is mutually agreed upon between Users and Captains.
2. All payments for ride services must be made directly to the Captains. Vayu is not responsible for disputes related to payment, ride quality, or service delivery.
3. Users must:
   • Access the Platform for lawful purposes.
   • Refrain from causing nuisance, annoyance, or inconvenience to others.
   • Avoid engaging in fraudulent activities or misusing promotions.
4. Unauthorized activities such as reverse engineering, copying, or distributing Platform content without permission are strictly prohibited.

4. Driver (Captain) Relationship

1. Captains are independent contractors and not employees or agents of Vayu. Vayu exercises no control over their operations, behavior, or service quality.
2. Vayu is not liable for incidents, accidents, or disputes arising during rides. Captains bear sole responsibility for their conduct and the quality of their vehicles.
3. Drivers are subject to background verification checks to enhance user safety, including identity verification and vehicle inspection.

5. Pricing and Payments

1. Vayu does not collect commissions but may charge a nominal platform usage fee to Captains.
2. Users are encouraged to verify fare details with Captains before starting a ride to avoid disputes.
3. Cancellation charges and refund policies will be explicitly communicated during booking.

6. Data Privacy and Security

1. Vayu collects and processes user data in compliance with applicable data protection laws, including the Information Technology (Reasonable Security Practices and Procedures) Rules, 2011, and the Digital Personal Data Protection Act, 2023.
2. Data collected includes ride details, location, and payment information, which may be shared with Captains to facilitate services.
3. Vayu ensures:
   • Encryption of sensitive data.
   • Limited data retention periods (e.g., ride history retained for six months).
   • User consent for data sharing with third parties.
4. Users may request data deletion or access their information by contacting [admin@vayu.com].

7. Safety and Incident Liability

1. Vayu is committed to user safety and implements the following measures:
   • Driver background verification and vehicle inspections.
   • Real-time ride tracking and emergency response mechanisms.
   • 24/7 customer admin for incident reporting.
2. In case of incidents, Users should immediately report to Vayu via the in-app emergency feature or helpline.
3. Vayu disclaims liability for incidents but will cooperate with authorities and assist in investigations.

8. Dispute Resolution

1. All disputes arising from the use of the Platform shall first be resolved amicably between the parties.
2. If unresolved within 15 days, disputes will be referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitration seat will be [City, India], and proceedings will be conducted in English.
3. Users may escalate unresolved grievances to regulatory bodies under Indian law.

9. Intellectual Property Rights

1. Vayu retains ownership of all intellectual property related to the Platform, including trademarks, content, and software.
2. Users may not reproduce, modify, or distribute Platform content without prior written consent from Vayu.
3. Any feedback provided by Users may be used by Vayu to improve services, with no obligation of confidentiality.

10. Indemnity and Limitation of Liability

1. Users agree to indemnify Vayu against claims, damages, or losses arising from their use of the Platform, including violations of these T&C.
2. Vayu’s liability is limited to INR 1,000 in aggregate for any claims arising from the use of the Platform.

11. Amendments to the T&C

1. Vayu reserves the right to update these T&C periodically. Users will be notified of material changes via the Platform or email.
2. Continued use of the Platform after updates constitutes acceptance of the revised T&C.

12. Notices and Communication

1. Notices will be sent electronically to your registered email address or through in-app notifications.
2. For grievances or support, contact [admin@vayu.com] or use the in-app chat feature.

13. Severability

1. If any provision of these T&C is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. Governing Law and Jurisdiction

1. These T&C shall be governed by and construed in accordance with the laws of India.
2. Any disputes shall be subject to the exclusive jurisdiction of the courts in Ahmedabad, India.

By using the Vayu Mobile App, you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions. For queries, contact [admin@vayu.com].