VOWS RIDE – LIABILITY WAIVER & INDEMNITY AGREEMENT
Effective Date: [Insert Date]
This Liability Waiver & Indemnity Agreement (“Agreement”) is made between the user (“User”), the independent driver (“Driver”), and Vows Ride (“Company”). By using the Vows Ride platform, the User agrees to the terms outlined below, in compliance with applicable Indian laws and regulations, including the Motor Vehicles Act, 1988, the Consumer Protection Act, 2019, the Information Technology Act, 2000, and the Consumer Protection (E-Commerce) Rules, 2020.
1. ASSUMPTION OF RISK
- The User acknowledges that using transportation services arranged through Vows Ride involves inherent risks, including but not limited to road accidents, driver behavior, delays, unforeseen incidents, or force majeure events.
- The User voluntarily assumes all risks related to the ride service and agrees that the Company is not liable for any personal injury, property damage, or loss, except as required by applicable Indian law.
- Vows Ride shall comply with relevant safety and operational guidelines issued by Indian regulatory authorities, including those mandated by the Ministry of Road Transport and Highways (MoRTH).
- Users are responsible for adhering to safety measures such as wearing seat belts and following traffic regulations during the ride.
2. WAIVER OF LIABILITY
- The User agrees that Vows Ride is solely a technology platform connecting users with independent drivers and does not provide transportation services.
- The User waives, releases, and discharges Vows Ride, its affiliates, officers, directors, employees, agents, and representatives from any claims, liabilities, damages, costs, or expenses arising from:
- Any accident, injury, or damage sustained during a ride, except in cases where Vows Ride is found to be in direct violation of applicable laws.
- Any misconduct, negligence, or unlawful act committed by a driver.
- Mechanical failure or defects in the vehicle used for transportation, unless proven to be caused by Vows Ride’s failure to comply with applicable regulations.
- Delays, route changes, force majeure events, or service unavailability.
- Vows Ride shall not be liable for loss or damage to personal belongings during the ride.
3. DRIVER LIABILITY
- The Driver acknowledges that they are an independent contractor and not an employee or agent of Vows Ride.
- The Driver agrees to comply with all traffic laws, regulations, and safety standards while providing services, including those prescribed under the Motor Vehicles Act, 1988.
- The Driver assumes full responsibility for any liability, claims, or damages caused due to their actions, negligence, or failure to adhere to legal requirements.
- Vows Ride reserves the right to suspend or terminate driver accounts for violations of legal or safety requirements.
4. INDEMNIFICATION
- The User agrees to indemnify and hold harmless Vows Ride, its affiliates, employees, and agents from any claims, lawsuits, or demands arising from:
- The User’s misuse of the platform or violation of these terms.
- Any disputes between the User and Driver, including fare disputes, service dissatisfaction, or misconduct.
- Any third-party claims arising from the User’s actions during the ride.
- The Driver agrees to indemnify and hold harmless Vows Ride from any legal claims, fines, penalties, or damages resulting from their conduct or violations of applicable laws.
5. DISCLAIMER OF WARRANTIES
- Vows Ride provides its platform “as is” and “as available” without any warranties, express or implied, except as required under Indian law.
- Vows Ride does not guarantee the availability, reliability, or quality of ride services.
- Vows Ride is not responsible for delays, failures, or technical issues with the platform beyond its reasonable control.
- Vows Ride does not provide insurance coverage for users or drivers. Any claims for accidents or damages must be processed through third-party insurers as per applicable regulations.
6. LIMITATION OF LIABILITY
- Under no circumstances shall Vows Ride be liable for any direct, indirect, incidental, consequential, or punitive damages arising from:
- The use or inability to use the platform.
- Any loss, theft, or damage to personal belongings during a ride.
- Any actions or negligence of independent drivers.
- Any force majeure events, including natural disasters, strikes, cyber-attacks, or internet failures.
- The total liability of Vows Ride, if any, shall not exceed the amount paid by the User for the disputed ride, unless otherwise mandated under applicable laws.
7. DISPUTE RESOLUTION
- Any disputes arising under this Agreement shall first be resolved through negotiation.
- If unresolved, disputes shall be settled through arbitration under the Arbitration and Conciliation Act, 1996, before resorting to litigation.
- The location of arbitration shall be [Insert City, India].
- This Agreement shall be governed by and interpreted in accordance with the laws of India, with exclusive jurisdiction vested in the courts of [Insert Jurisdiction].
8. GENERAL PROVISIONS
- This Agreement constitutes the entire understanding between the User and Vows Ride regarding liability and indemnity.
- Vows Ride reserves the right to update this Agreement at any time. Continued use of the platform constitutes acceptance of the revised terms.
- If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in effect.
- Vows Ride shall comply with applicable data protection and privacy laws, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and the Consumer Protection (E-Commerce) Rules, 2020.
9. CONTACT INFORMATION
For any concerns or questions, please contact Vows Ride at info@vowsworld.com
By using Vows Ride, the User acknowledges that they have read, understood, and agreed to this Liability Waiver & Indemnity Agreement.