picknhop.com is a peer to peer vehicle pooling marketplace website and online services as provided by www.picknhop.com (″picknhop″, ″we″ or ″us″).
picknhop DOES NOT PROVIDE TRANSPORTATION SERVICES, AND picknhop IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDER, DRIVER OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE ARRANGED THROUGH USE OF THE SERVICES. picknhop OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
This Terms of Agreement (″Agreement″) describes the terms and conditions that govern your use of and participation in picknhop services. picknhop services include our web site, web widgets, feeds, mobile device software applications, applications for third party web sites and services, and any other mobile or online services and/or applications owned, controlled, or offered by picknhop (collectively the ″Service″).
We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least three (3) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
Your continued use of the Service after any such change constitutes your acceptance of the revised Agreement. If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (″Users″).
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS OUR SERVICES OR REGISTER FOR THE SERVICES PROVIDED ON THE SITE. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective when initially posted on the Site. We strongly recommend that, as You read this User Agreement, You also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to You as a user of services. This Agreement may not be otherwise amended except in a writing signed by You and picknhop
You and picknhop are independent contractors, and no agency, partnership, joint venture, employee employer or franchisor franchisee relationship is intended or created by this Agreement.
These General Conditions of Use apply to all services provided by (defined herein below). picknhop own and operate the Site (defined herein below www.picknhop.com) in India.
(a) ″picknhop″ is an entity providing the vehicle pooling service and registered in India.
(b) ″Vehicle Sharing″ means the sharing of a Vehicle for a Trip by a Vehicle Owner carrying a Co-Rider for that Trip in exchange for a Cost Contribution;
(d) ″Cost Contribution″ means the amount agreed between the Vehicle Owner and the Co-Rider in relation to the Trip which is payable by the Co-Rider as their contribution towards the costs of the Trip.
(e) ″Co-Rider″ or ″Passenger″ means a Associate who has accepted an offer to be transported by a Vehicle Owner and includes all other persons who accompany such Associate in the Vehicle for the Trip.
(f) ″Vehicle Owner″ or ″Driver″ means a Associate who through the Site offers to share a vehicle journey with a Co-Rider in exchange for the Cost Contribution.
(g) ″Associate″ refers to a registered user of the Site.
(h) ″Service″ refers to the following services provided by picknhop through the Site to any Associate.
(i) ″Site″ means www.picknhop.com and any other website maintained or operated by picknhop which offers similar services.
(j) ″Trip″ means a given journey in relation to which a Vehicle Owner and a Co-Rider have agreed upon a transaction through the Site.
(k) ″User Account″ means an account with the Site opened by a Associate and used in order to access the Service provided by picknhop through the Site.
(l) ″Vehicle″ means the vehicle offered by the owner or user and includes a vehicle, auto, motorbike, taxi or any other vehicle as defined in the Motor Vehical Act 1988
(m) ″Wallet Money″ means prepaid payment instrument, provided by prepaid payment system providers who have obtained the authorization from the Department of Payment of Settlement Systems, Reserve Bank of India under the Payment and Settlement Systems Act, 2007.
(n) ″picknhop partner″ means picknhop service providers, licensees, referring organizations (including employers, nonprofits, governmental agencies, city agencies) and partners.
(o) ″Driver″ means a User who arranges to provide rides to passengers.
(p) ″Shared Transport″ means any demand driven Vehicle sharing arrangement, in which travelers share a vehicle either simultaneously (e.g. ridesharing) or over time (e.g. vehiclesharing or bike sharing), and in the process share the cost of the journey, thereby creating a hybrid between private vehicle use and mass or public transport. Shared Transport systems include vehiclesharing, auto sharing, vehiclepools and vanpools, dynamic ridesharing, slugging, casual vehiclepooling, community buses and vans, para-transit, a range of taxi projects, hitchhiking and its numerous variants.
(q) ″unlawful″ means such as might give rise to any actual or potential liability, civil or criminal, either under the laws of India, or under the laws of any other jurisdiction to which picknhop may be subject to.
(a) The Conditions apply to any and all use of the Site by a Associate. By using the Site, the Associates signify their acceptance to these Conditions in full and agree to be bound by them.
(b) No access to the Services will be permitted unless the Conditions are accepted in full. No Associate is entitled to accept part only of the Conditions. If a Associate does not agree to the Conditions, such associate may not use the Services.
(d) In the event that any associate fails to comply with any of the conditions, picknhop 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 Associate without notice.
User Account and Accuracy of Information
(a) In order to use the Service each Associate must create a User Account and agrees to provide any personal information requested by picknhop or can login through their Facebook/Linkedin Profile. In particular, Associates will be required to provide their first name, last name, age, title, valid telephone number and email address. Use of the Site is limited to those over the age of 18 years at the time of registration.
(b) Associates agree and accept that you have not have committed any felony or serious criminal offense (including but not limited to a sexual offense and/or a violence related offense) ever or any misdemeanor within the past three (3) years.
(c) Associates agree and accept that all of the information they provide to picknhop when setting up their User Account and at any other time shall be true, correct, complete and accurate in all respects. Associates also agree that any information supplied to picknhop or posted on the Site in connection with any Trip, Vehicle or Vehicle Sharing will be true, accurate and complete.
(d) Associates agree and understand that picknhop does not undertake any verification to confirm the accuracy of any information provided by the Associates on the Site or to a Vehicle Owner or Co-Rider, as the case maybe.
(e) Unless expressly agreed by picknhop, Associates are limited to one User Account per Associate. No User Account may be created on behalf of or in order to impersonate another person.
(f) You must keep your accounts and passwords confidential and not authorize any third party to access or use the picknhop Service on your behalf. You may not transfer your account to any other person or entity. You may acquire information pertaining to others using the Service. You may not disclose personally identifiable information of another user you acquire using the Service to any third party without the consent of such other User after adequate disclosure with the exception of reporting unlawful activity to authorized law enforcement personnel.
(g) Technical Requirements for using the service - A valid email address and email account is required for using the picknhop Service. It is your responsibility to maintain validity of this email address and email account. Should your email address change, please record your updated email address in the picknhop Service. Drivers must download the picknhop mobile phone application to use the picknhop Service and must carry their mobile/cell phone with them during Trips in order for the Trips to be registered with the picknhop Service. Drivers are advised to adhere to regulations and legislation relating to the use of mobile and cell phones while driving. For using mobile phone applications to access the picknhop Service, a mobile device with services from a service provider supported by the picknhop Software and a plan which allows you access to picknhop′s mobile phone application and SMS capabilities is required. You are responsible for paying all fees that your service provider may charge you for using the picknhop Service through your mobile/cell phone. Should your mobile/cell number or service provider change, please record your updated mobile/cell phone information in the picknhop Service.
(h) Driver of vehicle shall certify as follows : you are at least 18 years of age; you have a current and valid driver′s license; you carry all insurance required by law in order to operate a motor vehicle in the state/county/country where your vehicle is registered; you carry liability insurance that covers bodily injury to all occupants of your vehicle; you have no record of convictions for serious driving offenses; you are medically fit to act as a Driver; you have volunteered to be a driver and have not been designated by a group or company as a driver and receive no compensation from a group or company for driving; you are an independent party participating, with others, in a voluntary, not for profit, ridesharing arrangement. you follow prescribed manufacturer preventative and maintenance standards for the vehicle(s) you use.
Further, Users are advised to check with their insurance provider to ensure that their coverage extends to vehicle pooling and ridesharing. If at any time you do not meet or continue to meet the eligibility requirements listed in this section, you must notify us immediately and you will have no right to use or continue to use the picknhop Service. picknhop reserves the right, in its sole discretion, to refuse or deny access to the picknhop Service to any individual for any reason or no reason. Particular Shared Transport programs may require additional or separate certifications to be made by Riders and Drivers and may require picknhop to conduct background, Motor Vehicle Registration (or similar) or credit checks. Access to such programs is conditional on (i) those certifications being completed and kept up to date, (ii) Rider and Drivers permitting picknhop to perform all relevant checks, including on an ongoing basis and (iii) Rider and Driver informing picknhop of any incidents, accidents or changes of circumstances that may or do affect the results or status of these certifications.
Vehicle Owner's obligations The Vehicle 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 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-Riders of any change whatsoever to the Trip. If one or more Co-Riders have made a booking and the Vehicle Owner decides to change any aspect of the Trip, the Vehicle Owner undertakes to contact all Co-Riders who have made a booking in relation to that Trip and to obtain the agreement of all Co-Riders to the change.
If a Co-Rider refuses the change, they are entitled to a full refund and without any compensation being paid to the Vehicle Owner. The Vehicle Owner must comply with the Good Conduct Charter at all times.
The Vehicle Owner must wait for the Co-Rider at the pickup point for at least 30 minutes after the agreed time (however, the Co-Rider is expected to be punctual). Co-Rider obligations
The Co-Rider 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 Vehicle Owner; That they will immediately inform the Vehicle Owner or picknhop if they are required to cancel a Trip. That they will comply with the Good Conduct Charter at all times.
The Co-Rider agrees to wait at the pickup point for at least 30 minutes after the agreed time for the Vehicle Owner to arrive. That they will pay the Cost Contribution to the Vehicle Owner.
If the Co-Rider or Vehicle Owner fail to comply with any of these terms or any other Conditions picknhop reserves the right to keep information relating to the breach, to publish or disclose this information on the Associate's online profile and to suspend or withdraw the Associate's access to the Site.
That they shall ensure that all other persons who accompany the Co-Rider in the Trip comply with these Conditions as applicable to a Co-Rider.
You must not: damage, disable, overburden, or impair the picknhop Service (or any network connected to the picknhop Service); resell or redistribute the picknhop Service, picknhop Software or any part of it; use any unauthorized means to modify, reroute, or gain access to the picknhop Service; harm or disrupt another User′s computer or illegally access software or bypass security on websites, or servers, including but not limited spamming Mislead other Users by providing inaccurate information use any automated process or service (such as a bot, a spider, or metasearching) to access or use the picknhop Service You agree you will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data information or software) or otherwise use the picknhop Service in any way to: Harass, defame, intimidate or threaten another User, person or organization; Interfere with another User′s rights to privacy; Distribute chain letters, surveys or contests; Post any material that is defamatory, obscene or indecent; Post any trademarks, logos or copyrighted material without the authorization of the owner; Post any materials that may damage the operation of a computer (such as a virus, worm or trojan horse); or Advertise or sell any goods or services.
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 picknhopide if You have misused the Site 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 Site or through the Services, You agree that You will not:
(a) Impersonate any person or entity;
(b) ″Stalk″ or otherwise harass any person;
(c) Express or imply that any statements You make are endorsed by Us, without Our specific prior written consent;
(d) 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 Service or its contents;
(e) 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;
(f) remove any copyright, trademark or other proprietary rights notices contained in the Service;
(g) interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site;
(h) 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;
(i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
(j) ″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 Service or the site in order to direct any person to any other web site for any purpose;
(k) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so; or
(l) use the Services in connection with any commercial endeavors whatsoever without the express prior written consent of picknhop
You further agree that Your Information and Your interactions on the Site shall not:
(a) be false, inaccurate or misleading;
(b) 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;
(c) violate any law, statute, ordinance or regulation;
(d) be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material;
(e) contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;
(f) include in Your Information any telephone numbers, street addresses, last names, URL's or Email addresses other than where explicitly asked for it in the Your registration and profile section;
(h) 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;
(i) create liability for us; and
(j) link directly or indirectly to any other websites. You further agree that You will not transfer, use, or sell Your picknhop.com 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.
(a) picknhop provides an electronic platform though it′s Application and Site, on which Associates 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.
(b) Neither picknhop nor its Site or Application provides any transport services. The Services provided by picknhop correspond to providing web and mobile based platform, which enables Ride sharing among the associates within city limits and outside city limits.
The vehicle 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 vehicle Owner agrees that they will, on request, provide the Co-Rider with evidence, in advance of the Trip, of the complete validity of its insurance policy. The Vehicle Owner also undertakes to hold a valid driving licence and that the Vehicle 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-Rider is entitled to request evidence of the Vehicle Owner's insurance, registration certificate, driving licence and PUC certificate at any time up to completion of the Trip. It is picknhop's understanding that governmental authorities take the view that a Co-Rider 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 picknhop gives no warranty or assurance in this regard and it is the Vehicle Owner's responsibility to verify that their insurance provides adequate cover. It is up to each Vehicle Owner and Co-Rider to confirm with each other that the Vehicle Owner is covered by valid insurance. The Vehicle Owner must confirm that their insurance policy allows them to carry Co-Riders and that their insurance policy covers all Co-Riders and any accident or incident which may occur during a Trip.
The Vehicle Owner and the Co-Rider are aware that standard noncommercial insurance policies may refuse to cover loss or damage arising in the event that the Vehicle Owner had made or was seeking to make a profit. The Vehicle Owner may collect no payment from the Co-Rider other than the Cost Contribution and the Vehicle Owner must not in any event provide Vehicle on hire or for reward in any form. The Vehicle Owner therefore undertakes to calculate their expenses (fuel, toll, maintenance, repairs, depreciation and insurance of their vehicle) and guarantees that the total Cost Contributions requested from their Co-Riders does not result in the Vehicle running for hire or for reward. If the Vehicle Owner does receive any hiring charges or reward, or if the insurers repudiate or refuse to accept any claim arising during a Trip for any other reason, the Vehicle Owner will be responsible for the financial consequences, losses and damages arising and picknhop will not be liable under any circumstances to the vehicle Owner or the Co-Rider. picknhop reserves the right, but not the obligation at its own discretion, to suspend immediately the account of a user including the money displayed and to make aware to competent authorities any professional activity.
(a) The Ride Giver shall have a comprehensive insurance to cover third party liability.
(b) The Ride Giver agrees that it shall on request by the Ride Taker provide enough documentary evidence of the Trip of the complete validity of its insurance policy.
(c) The Ride Giver also undertakes to hold a valid driving license, if he is offering Ride Sharing in a self driven vehicle.
(d) if the insurers repudiate or refuse to accept any claim arising during a Trip for any reason whatsoever, the Ride Giver shall be responsible for the financial consequences, losses and damages arising out of it and under no circumstances picknhop shall be liable to the Ride Giver or the Ride Taker.
We are not involved in and in no way responsible for any actual dealings between you and other Users who use the picknhop Service. We will not be a party to disputes, negotiations of disputes between Users. We encourage you to report all disputes with other users to your local law enforcement authorities.
picknhop may at its sole discretion provide it Associates with an online service for resolving disputes. The service is non-binding. picknhop is under no obligation to seek to resolve disputes and this service is offered at picknhop sole discretion and may be withdrawn at any time.
In the unlikely event that picknhop has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any picknhop claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, ″Claims″), by binding arbitration by the Indian Law in the county of India under the commercial rules then in effect for the Arbitration, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing picknhop from seeking injunctive or other equitable relief from the courts as necessary to protect any of picknhop's proprietary interests.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS ASSOCIATE IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND JUSTSHAREIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
(a) Associates 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 Sharing agreement with other Associate registered on the Site and/or the Application. picknhop will neither be liable nor responsible for any actions or inactions of Associates nor any breach of conditions, representations or warranties by the Associates. picknhop hereby expressly disclaims and any and all responsibility and liability in arising out of the use of the Site and/or Application.
(b) picknhop is not a party to any Ride Sharing agreement between a Ride Giver and Ride Taker and will not be liable to either the List Giver or the Ride taker.
(c) Use of the picknhop Service will introduce users to people registered with the picknhop Service for the purposes of Shared Transport or any other service offered by the picknhop Service. We cannot and do not assess the suitability of Users. We have little or no control over the truth or accuracy of the data Users may provide, the ability of Users to drive legally and safely, the condition of their vehicles, their criminal background etc. We do not verify that a User has met all the eligibility requirements for the picknhop Service or that any other part of a User′s profile information is true and accurate, or even that a User is who they claim to be. Background or other checks are not normally performed; even where background, relevant checks have been performed, we cannot guarantee that the results of those checks are accurate or up to date. You are solely responsible for selecting the individuals and/or entities with whom you travel. If you do not feel comfortable sharing a ride for any reason, you should use another means of transportation. You acknowledge and agree that under no circumstances will picknhop Entities or picknhop Partners have any responsibility, liability or obligation with respect to any of the trips that you may take as a result of using the picknhop Services
(d) For Online Content : Opinions, advice, statements, offers, or other information or content made available through the service, 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 service 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 service, or transmitted to participants. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the service. 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 service and in Your private email 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. Emails 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 Site contains (or you may be sent through the Site or the Service) 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 Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, 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 o 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 Site 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 site to which you navigate from the Site or relating to any applications you use or install from the site.
For the purposes of this Agreement, ″Intellectual Property Rights″ means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the ″picknhop Content″), and all Intellectual Property Rights related thereto, are the exclusive property of picknhop and its licensors.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the picknhop Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (″Ideas″). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place picknhop under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, picknhop does not waive any rights to use similar or related ideas previously known to picknhop, or developed by its employees, or obtained from sources other than you.
(a) The picknhop Service and picknhop Software are the property of picknhop Company, and are protected by copyright law and other intellectual property rights. The structure, organization and code of the picknhop Service and picknhop Software are proprietary to picknhop. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights or licenses to the picknhop Service or picknhop Software; all rights not expressly granted are reserved by picknhop.
(b) You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the picknhop Service or picknhop Software by any means whatsoever, directly or indirectly, and you may not disclose any of these either publicly or to a third party. If you provide or communicate any suggestions for improvements to the picknhop Site, the picknhop Service or the picknhop Software (collectively, ″Feedback″), you hereby irrevocably assign to us all right, title and interest in and to the Feedback, without restriction or any obligation of compensation.
(c) The format and content included on the site and the Application, such as texts, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of picknhop, its affiliates or its content suppliers and are protected under applicable copyright, trademark and other proprietary right laws.
(d) All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to picknhop) which appear on the Site and the Application.
(e) Associates of the Site and Application shall not disseminate or upload viruses, programs or software whether it is harmful to the website or not.
(a) The Site and the Services are strictly limited to providing a Service for Vehicle Owners and Co-Riders to vehicle share in a private capacity.
(b) The Services may not be used to offer or accept vehicle 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 vehicle sharing in exchange for sharing the cost of the Trip between the Vehicle Owner and the Co-Rider.
(c) Vehicle Owners agree 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 Vehicle Owner′s costs and may not be used to generate any hiring charges or reward or profit in any form for the Vehicle Owner.
(d) The Vehicle Owner is not entitled to make profit by virtue of the amount of the Cost Contribution, the types of Trips offered by a Vehicle Owner, the frequency of such Trips or the number of Co-Riders transported. This applies to all activities, arrangements and Services booked using the Site and any additional services or activities which may be agreed between Vehicle Owner and Co-Rider through the Site.
(e) The Vehicle Owner must not provide any additional services to the Co-Rider in exchange for hiring charges or any reward or for profit or otherwise (and the Co-Rider may 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 Co-Rider).
(f) All Trips, collection points and destinations must be pre-agreed through the Site between the Vehicle Owner and Co-Rider. Vehicle Owners may not collect any Co-Riders from any location which has not been pre-agreed with the Co-Rider through the Site.
(g) Associates are reminded that using the Services and offering Trips for hire or reward or in a commercial or professional capacity may invalidate a Vehicle Owner′s insurance and invite adverse legal actions by the road transport authorities.
(a) picknhop offers a service on a cost sharing basis, the details of which are available in the FAQs section of the website which allows Associates to contact each other to arrange a vehicle share.
(b) The Co-Rider will contact the Vehicle Owner directly to arrange a vehicle share and any conditions of travel (including size of luggage). Associates accept that given the nature of the service and the fact that it is free of charge Vehicle Owners and Co-Riders will have no recourse to picknhop for any aspect of the transaction including in relation to cancellation, last minute changes, failure by the Vehicle Owner or the Co-Rider to turn up or non-payment of the Cost Contribution. In particular it is the Vehicle Owner′s responsibility to collect payment from the Co-Rider at the time of the Trip.
(c) picknhop will not contact either party and will take no steps whatsoever to manage the booking. The operation of the Trip is solely managed by the respective Vehicle Owner and Co-Rider(s).
Associate should report any abuse or harassment to picknhop immediately by contacting us on details given on ″Contact Us″ page.
The Vehicle 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 in the Vehicle and covers third party liability.
The Vehicle Owner must wait for the Co-Rider at the pickup point for at least 30 minutes after the agreed time (however, the Co-Rider is expected to be punctual).
The Co-Rider agrees:
(a) That the Trip shall not be for any fraudulent, unlawful or criminal activity.
(b) That they will present themselves on time and at the place agreed with the Vehicle Owner;
(c) That they will immediately inform the Vehicle Owner or picknhop′s if they are required to cancel a Trip.
In order to effectively run the service, picknhop shall be authorized to send SMS to users and/or potential users for verification and other purpose(s).
In order to increase trustworthiness, prevent typos and wrong numbers, any Associate can verify their mobile number. The Associate may do this by providing picknhop with their mobile phone number, after which the Associate will receive a SMS with a 4-digit code which can be validated on the Site.
3. WARRANTY EXCLUSION
We will use all reasonable efforts to provide the picknhop Service in a reliable and secure way � however, as with any other software application, events which may cause disruption to our services are always possible due to issues with our software, unforeseen events such as accidents or intentional interference. In no event will picknhop / picknhop Entities or picknhop / picknhop Partners be liable for any claims or damages, consequential loss, lost profits, special, indirect, incidental, or punitive damages arising out of such disruptions. THE picknhop SERVICE IS PROVIDED ON AN ″AS IS″ BASIS ″WITH ALL FAULTS″ AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. TO THE FULL EXTENT PERMITTED BY LAW, picknhop / picknhop ENTITIES, picknhop / picknhop PARTNERS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE picknhop SERVICE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, QUIET ENJOYMENT, AND NONINFRINGEMENT. picknhop DOES NOT WARRANT THAT THE OPERATION OF THE picknhop SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. picknhop′s entire liability and your exclusive remedy for errors or unavailability of the picknhop Service will be, at picknhop′s discretion, to attempt to correct or work around errors, to correct or modify documentation of the picknhop Service.
4. LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED IN ERSTWHILE SECTIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL picknhop, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY RENTAL. UNDER NO CIRCUMSTANCES WILL picknhop BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, picknhop ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL picknhop, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING to the GREATER OF EITHER (a) THE AMOUNTS PAID BY picknhop TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (b) TWENTY FIVE THOUSAND RUPEES (Rs 25,000). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN picknhop AND YOU. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF picknhop HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOTHE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
5. INDEMNITY AND RELEASE
You agree to defend, indemnify and hold harmless picknhop and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other partys access and use of the Service with your unique username, password or other appropriate security code.
As a voluntary user of the picknhop Software, you agree that neither picknhop nor picknhop′s Trusted Partners (including without limitation public and private employers, educational and other local public agencies, authorized contractors and private business entities who facilitate or promote picknhop services), nor any of their respective employees, contractors, associates, agents and officers shall be liable or responsible in any way for any personal injury, loss or other harm to you or your property resulting from my participation in the picknhop program and you further agree to release, discharge, hold harmless, and forever acquit this website′s and application′s sponsors, picknhop or Trusted Partners (including without limitation public and private employers, educational and other local public agencies, authorized contractors and private business entities who facilitate or promote picknhop services) from any and all actions, causes of action, claims or any liabilities whatsoever, known or unknown, now existing or which may arise in the future, on account of or in any way related to or arising out of my participation in the programs. Associates declare as follows :
I acknowledge that participation in picknhop, a carpool, vehicle-pool, is an individual decision and that I am responsible for my operation of, or participation in picknhop.
I understand that this website′s and smartphone application′s sponsoring agencies and private businesses shall have no responsibility or liability for any claims, expenses or damages resulting from any individual′s participation in picknhop, a carpool, vehicle-pool.
Associates release picknhop 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 Associates and specifically waiver any claims or demands that they may have in this behalf under any statute, contract or otherwise.
6. PERSONAL INFORMATION
As a user of the service, every user hereby unconditionally agreed :
I acknowledge that giving personal information, including addresses and contact information is a personal decision that may affect my personal security. I understand that giving such information to anyone, including individuals I may contact through services such as this, requires care and taking reasonable safeguards to assure my safety and the security of my personal information. I understand picknhop uses online and offline media to publish updates about the program. picknhop will send you regular emails and/ or phone messages to invite you to use the picknhop Service, and to help match you with people along your route. You will also have the ability to interact online with other Participants through the Website, a Facebook page, Twitter, and other media that will be made available by picknhop for that purpose.
This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by picknhop via the Service, shall constitute the entire agreement between you and picknhop concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
8. 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 New Delhi.
All notices shall be made in writing to firstname.lastname@example.org.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference only and in no way define this agreement. Our failure to act on a breach by you or any third party does not waive our right to act in accordance with this agreement.
picknhop reserves the right to us all content created by users within the application for promotional purposes.
picknhop would not be responsible for any tax incidence occurring on Ride Giver on account of receipt of payment in lieu of Ride Sharing. It is our understanding that the Ride Giver may not have to pay service tax on the payment received from Ride Taker (collected from Ride Taker by picknhop and reimbursed to Ride Giver by picknhop), if the total amount received from Ride Sharing and other services provided by Ride Giver under individual capacity is less than Rs. 9 lakhs per annum. However, the Ride Giver is advised to consult tax advisors/consultants/chartered accountants to get full clarity on any incidence of direct or indirect taxation on account of Ride Sharing.
9. NO WAIVER
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and picknhop's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
(a) Restriction on use of vehicle. Only private car pool mode allowed.
(b) Only Teachers and eligible staff of the school can use the service.
(c) Students allowed to use the service shall be accompanied with the parent / teacher / guardian. Minimum age limit shall defined as mutually agreed and upper age limit shall be 18.
(d) Only parents would be drivers. Teacher and guardian may also be considered for usage of the service.
(e) Valid ID proof mandatory to be uploaded by the users of the service.
(f) A co branded login page on the website and app or a standalone system at the school in case of data privacy concerns if any, may be created if so mutually agreed upon by picknhop and School users.
(g) School shall get an admin access/reports for monitoring Realtime tracking of the ride with sms facility to parents about ride status
(h) Parents or guardians may have the facility to make carpool groups on the website/app
(i) Limitation of pooling shall be applicable in a manner that only same school login/pooling allowed in case of a dedicated app for the school
(j) Inter school sharing allowed only if there is no dedicated app for that school, parents can register as a regular feature.
(a) No restriction on the modes of travel allowed.
(b) Teachers and / or staff can use the app.
(c) Students allowed to use the app / website with minimum age of users being 18 years.
(d) Valid ID proof mandatory to be uploaded by the users.
(e) A co branded login page on the website and app or a standalone system at the college in case of data privacy concerns if any, may be created if so mutually agreed upon by picknhop and College users
(f) College will get an admin access/reports for monitoring Realtime tracking of the ride with sms to parents about ride status
(g) Parents or guardians may have the facility to make carpool groups on the website/app
(h) Limitation of pooling shall be applicable in a manner that only same college login/pooling allowed in case of a dedicated app for the college
(i) Inter college sharing allowed only if there is no dedicated app for that college, parents can register as a regular feature
(a) No restriction on the modes of travel allowed.
(b) User to mention the company name and official email address during registration. minimum age of users being 18 years.
(c) Valid ID proof mandatory to be uploaded by the users.
(d) A co branded login page on the website and app or a standalone system at the corporate in case of data privacy concerns if any, may be created if so mutually agreed upon by picknhop and corporate users
(e) Office Goers may have the facility to make carpool groups on the website/app
(f) Same Corporate and Inter Corporate Car Pooling allowed, only if there is a dedicated app for the same corporate.