Terms and Conditions - Flexiride Solutions Private Limited (Hopr)
Introduction
These Terms and Conditions, together with any agreements executed or accepted by you ("you", "your", or "User"), are incorporated by reference into this document ("Terms"). These Terms apply when you access, use, or interact with the HOPR App or the website available at https://www.hopr.mobi/ (collectively, the “Platform”), whether through a computer, mobile phone, or any other device ("Device"), or when you avail the Services provided by Flexiride Solutions Private Limited ("Flexiride", "Company", "us", "we", or "our").
1. General
Nature of the Platform
The Platform facilitates certain services ("Services") that enable Users to discover and connect with individuals travelling in private vehicles along the same or substantially similar routes at overlapping or corresponding times.
Users may either:
offer carpooling arrangements as a Host, or
seek to join such arrangements as a Guest.
The Platform uses route and time-based criteria to match Hosts with suitable Guests.
Intermediary Status
You agree that the Platform is and continues to be an intermediary for the purposes of the Information Technology Act, 2000.
Acceptance of Terms
You acknowledge that you have read, understood, and agreed to be bound by these Terms, including the Privacy Policy and Refund and Cancellation Policy, which are incorporated by reference. These Terms create legally binding arrangements between you and the Company.
If you do not agree with any part of these Terms, you must not access or use the Platform.
Private Vehicle Use Only
For the avoidance of doubt, the Services are intended solely for use in connection with private vehicles, irrespective of whether the Host is the registered owner of the vehicle or otherwise.
The Services are not and shall not be construed as:
a taxi service,
public service vehicle,
contract carriage, or
stage carriage service.
The Platform does not authorize or permit the use of the Services by Hosts for commercial transportation purposes or for carriage of passengers for hire or reward.
2. Verification of IDs and Phone Number
3. Messaging Platform
Consent to Communications
By accepting these Terms, every User agrees and consents to Flexiride communicating through:
Phone calls
SMS
Email
Any other means Flexiride may consider appropriate
Such communications may be recorded through technical support provided by third parties for purposes including:
training,
quality control, and
regular updates about the Platform’s Services.
Monitoring and Moderation of Messages
We may review, scan, and moderate messages exchanged between Users through the Platform, particularly for:
fraud prevention,
customer support,
enforcement of these Terms,
compliance with applicable law.
For example, messages may be scanned to ensure they do not contain contact details or references to other websites intended to bypass the Platform.
User Consent to Message Review
By using the Platform and accepting these Terms, the User agrees that the Company may, in its sole discretion, review, analyse, and moderate messages exchanged through the Platform.
Prohibited Messaging Conduct
By using the messaging feature of the Platform, the User undertakes not to write or send any message prohibited by applicable law.
We reserve the right to:
filter messages,
delete messages,
suspend the User, or
terminate access to the Platform
if it appears during moderation that the User is not complying with these Terms or applicable law.
4. Responsibilities of the Host
Hosts represent and warrant to us and the Guest as follows.
Eligibility and Fitness
The Host must be at least 18 years of age and medically fit to drive in accordance with applicable law.
Driving Authorization
The Host must hold a valid driving license issued by the relevant government authority, be legally authorized to operate a motor vehicle, and possess all necessary approvals and authority to drive the vehicle in the relevant jurisdiction.
Vehicle Condition and Compliance
The Host must either own the vehicle or have the legal right to operate it. The vehicle must be in good operating condition and comply with all applicable statutory and motor vehicle requirements.
The vehicle must also have valid:
PUC certificate,
insurance,
registration certificate (log book), and
other required documents.
Non-Commercial Status
The Host confirms that they are not registered or enrolled in any public or private registry as:
a taxi driver,
public service vehicle operator,
stage carriage operator, or
contract carriage service provider.
The vehicle used for rides must not be registered as a:
public service transport vehicle,
stage carriage,
contract carriage,
tourist vehicle,
or any other commercial passenger transport vehicle.
Insurance
The Host must have sufficient insurance coverage for the vehicle and agrees to maintain an insurance policy covering:
third-party liability, and
the Guest.
The Host must provide evidence of valid insurance to the Guest upon request and before the ride.
Liability for Operation of Vehicle
The Host is solely responsible for all liability arising from or alleged to arise from the operation of the vehicle, including:
personal injury,
death,
property damage.
In the event of an accident, the Host is solely responsible for compliance with all applicable legal and motor vehicle requirements.
Compliance with Laws
The Host must comply with all applicable laws, including:
local and municipal laws,
driving restrictions,
road restrictions,
traffic guidelines,
safe driving practices.
Conduct and Compensation
The Host must not:
misrepresent the Platform or the Company,
offer transportation for profit,
operate as a public carrier or taxi service,
charge for rides beyond the pre-agreed cost,
seek non-voluntary compensation or extra costs from Guests,
engage in any activity inconsistent with these obligations.
Non-Discrimination
The Host must not discriminate against or harass anyone on the basis of:
race,
national origin,
religion,
gender,
gender identity,
disability,
medical condition,
marital status,
age,
sexual orientation.
Timeliness and Route Adherence
The Host must adhere to agreed pickup timings and arrive at the designated point on time.
If there is any unforeseen delay, the Host must promptly inform the Guest.
The Host must follow the agreed route and may deviate only in exceptional circumstances where the original route becomes unviable. In such cases, the Host must notify the Guest as early as possible, preferably before the deviation occurs.
Lawful Use
The Host must not undertake a ride for any:
fraudulent,
unlawful, or
criminal activity.
The Host must also be present at the agreed place and time and promptly inform the Guest of any changes to the ride.
5. Responsibilities of the Guest
Guests represent and warrant as follows.
Eligibility
The Guest must be at least 18 years of age.
Lawful Conduct
The Guest must not undertake the ride for any:
fraudulent,
unlawful, or
criminal purpose.
Timeliness and Communication
The Guest must be present on time and at the place agreed with the Host.
If there are any changes or cancellation, the Guest must promptly inform the Host.
The Guest also agrees to wait at the pickup point at the agreed time for the Host to arrive.
Payment Compliance
The Guest agrees to follow the payment system outlined in these Terms.
6. Other Dos and Don’ts
Users shall not:
Misconduct and Interference
impersonate or harass any person;
breach any intellectual property rights of Flexiride or any third party;
interfere with, disrupt, impair, or undermine the Platform, Services, or associated networks and systems;
distribute viruses, Trojan horses, worms, or any other harmful code;
gain unauthorized entry into any system accessible through the Platform;
modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any part of the Services or software.
Prohibited Information and Conduct
You further agree that your information and interactions on the Platform shall not:
be false, inaccurate, or misleading;
infringe third-party rights, including intellectual property rights;
violate any law, statute, ordinance, or regulation;
be defamatory, abusive, obscene, profane, offensive, or sexual in nature;
create liability for the Company or cause it to be regulated as a transportation carrier or taxi provider;
link directly or indirectly to any other websites.
Compliance with Laws
You agree to use the Services in a manner consistent with all applicable laws and regulations.
Abuse of Platform Offers
Carpooling with family or friends with the intention of exploiting the Platform and its offers is prohibited.
One Account Per User
Unless expressly agreed otherwise, each User is limited to one non-transferable user account.
7. Mode of Payment
Guest Payments
As a Guest, you agree to make payment to the Host for the ride through online payment methods, including but not limited to UPI, via the payment gateway integrated into the Platform.
Upon successful receipt of payment, the Platform shall remit the corresponding amount to the Host within 24 to 48 hours, after deducting:
applicable taxes required by law, and
the Platform’s service fee and/or any other charges or deductions as determined by the Platform in its sole discretion.
Finality of Payments
All payments made through the Platform are deemed final and non-refundable, except where expressly provided in the Platform’s Refund or Cancellation Policy.
8. Ratings
As a User of the Platform, whether as a Guest or Host, you may be given the opportunity to rate and review your experience with the other User after a ride is completed.
The Platform reserves the right, at its sole discretion, to:
collect,
publish,
display, and
retain
such ratings and reviews on the Platform or affiliated channels, in whole or in part, for as long as it deems appropriate.
By submitting a rating or review, you acknowledge and agree that:
such content may be made publicly available, and
the Platform is not obligated to remove or modify such content unless required by law or deemed appropriate by the Platform.
The Company further reserves the right to edit or remove comments if they:
contain obscenities or objectionable content,
include personal data,
violate privacy laws,
violate content policies,
or otherwise breach applicable law.
9. Company Assessment / Feedback
Users may provide the Company with feedback, suggestions, comments, ideas, or other concepts relating to the Platform, products, and services ("Feedback").
To the extent that a User provides such Feedback, the User grants the Company a:
perpetual,
irrevocable,
worldwide,
royalty-free,
fully sublicensable
right to use, reproduce, adapt, represent, and otherwise exploit such Feedback through any means or media, without restriction.
10. Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, and third parties from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, including:
your breach of these Terms, the Privacy Policy, or any incorporated document;
your violation of any law or third-party rights;
claims that information you submitted violates intellectual property or other rights;
your ownership, use, or operation of a passenger vehicle;
any other activities connected with the Services.
11. Limitation of Liability
No Responsibility for User Conduct
We have no responsibility for the actions or conduct of Hosts, Guests, or third parties.
We are under no obligation to intervene in disputes between Users. Decisions relating to offering or accepting ride-sharing rest solely with you.
Each User is responsible for taking reasonable precautions in all interactions. While we may screen Users at our discretion, we are not obligated to do so. Hosts and Guests use the Services at their own risk.
Specific Exclusions
The Company is not responsible for:
false, misleading, inaccurate, or incomplete information provided by a User;
cancellation of a ride by a Host or Guest;
fraud, misrepresentation, breach of duty, or breach of these Terms by a Host or Guest, during or after a ride.
Indirect Losses Excluded
Nothing in these Terms limits any statutory rights that cannot lawfully be excluded. However, the Company shall not be liable for:
loss of actual or anticipated profits,
loss of goodwill,
loss of business,
loss of revenue,
loss of use of money,
loss of contracts,
loss of anticipated savings,
loss of data,
cost of restoring data,
special, indirect, or consequential losses.
Cap on Liability
Notwithstanding anything to the contrary, the Company’s aggregate liability under these Terms shall not exceed INR 2,000 (Indian Rupees Two Thousand only).
12. Disclaimers
Platform Is Only a Facilitator
It is expressly clarified that the Platform neither provides nor promotes public or private transportation services.
The decision to offer a ride lies solely with the Host, and the decision to accept such a ride lies solely with the Guest. Any ride arranged after a match through the Platform is undertaken independently and at the sole discretion of the Users involved.
Medium for Information Exchange
The Platform merely provides:
a medium for information exchange, and
a technological means to connect Hosts and Guests based on route and timing.
No Transportation Role
The Platform does not provide transportation or carriage services and shall not be construed as a transportation provider, carrier, or agent of any User.
Accordingly, the Platform assumes no responsibility or liability for any ride or transportation service voluntarily arranged or undertaken through its use.
User Safety
You are responsible for your own safety while using the Services. The Platform is only a technology-enabled social platform intended to support sustainable commuting.
Users are encouraged to use the Platform responsibly and safely. The Platform may provide multiple matches, but the choice of ride partner remains entirely with the Users.
“As Is” and “As Available”
The Company provides the Platform on an “as is” and “as available” basis.
The Company does not represent, warrant, or guarantee that:
access to the Platform will be uninterrupted or error-free;
use of the Platform will result in ride requests;
Users will act in any expected manner.
The Company does not screen or evaluate Users in all cases and cannot guarantee the absence of operational errors.
Disclaimer of Warranties
To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including warranties of:
merchantability,
fitness for a particular purpose,
non-infringement.
No Control Over Actual Rides
Flexiride is not a transportation company and is not involved in the actual rides provided by Hosts to Guests.
Accordingly, we have no control over:
the quality or safety of a ride,
the truth or accuracy of user information,
whether a Host or Guest is who they claim to be,
whether a ride will actually be completed.
We reserve the right to change content, software, and other aspects of the Platform at any time without notice.
No Guarantee of Performance
We do not warrant that use of the Services will be:
accurate,
complete,
reliable,
current,
secure,
uninterrupted,
always available,
error-free,
or free from harmful components such as viruses.
13. Confidentiality
The Parties shall not divulge or permit disclosure of any confidential information unless such information enters the public domain without breach by either Party.
However, either Party may disclose information where required in legal proceedings.
The obligations under this clause survive termination of these Terms.
14. Governing Law and Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of India.
The parties submit to the exclusive jurisdiction of the competent courts of Bangalore.
Amicable Resolution and Arbitration
The parties shall first endeavour to resolve disputes amicably within 15 days from the date the dispute is first notified.
If unresolved, then to the extent permitted by law, disputes shall be referred to a sole arbitrator nominated in accordance with the Arbitration and Conciliation Act, 1996, as amended.
The arbitration shall:
be governed by the Arbitration and Conciliation Act, 1996,
have its venue in Bangalore,
and the arbitrator’s award shall be final and binding.
15. Modification of Terms
These Terms may be modified or amended from time to time, with or without notice.
Your continued access to or use of the Platform after any amendment becomes effective constitutes your consent to be bound by the amended Terms.
If you object to any amendment, you may stop using the Platform.
You are responsible for regularly reviewing the Terms and noting any changes posted on the Platform.
16. Communications
We may communicate with you by:
email,
push notifications,
or any other mode of communication, electronic or otherwise.
All notices under these Terms shall be sent by:
registered post acknowledgment due,
courier,
email,
hand delivery,
Platform notification,
or to the mobile number registered by the User.
Such notices may be delivered between 9:30 AM and 5:30 PM, Monday to Friday.
You may contact us or raise a ticket by emailing support@hopr.mobi, and the matter will be mutually resolved within 15 days from the date the ticket was raised.
17. Termination
Without limiting other remedies, we may terminate a User, issue a warning, or refuse to provide Services if:
you breach these Terms or incorporated documents;
we are unable to verify or authenticate information provided by you;
we believe your actions may cause financial loss or legal liability for other Users or the Company;
we suspect fraudulent activity in connection with the Platform or Services;
your feedback or rating from other Users is low;
you have misused the Platform or behaved in an unlawful, illegal, or inappropriate manner.
18. Consequences of Breach
Record Retention
Upon termination, we may retain an archived copy of records as required by law.
We may also bar your future use of the Services for any reason or no reason.
Disclosure of Breach
If a Host or Guest fails to comply with these Terms, we reserve the right to:
retain information relating to the breach,
publish or disclose such information on the Platform,
suspend or withdraw access,
enforce legal rights and remedies available under law.
Suspension or Inaccessibility
We may suspend or terminate the account of any User found to be in breach of these Terms and render the Platform inaccessible temporarily or permanently, with or without notice, and without prejudice to further legal claims.
Release in User Disputes
If you have a dispute with one or more Users, you agree to release the Company from all claims, demands, and damages, whether known or unknown, arising out of or connected to such disputes or your use of the Platform.
19. Miscellaneous
No Waiver
Failure by the Company to act with respect to any breach does not waive its right to act with respect to subsequent or similar breaches.
Entire Agreement
These Terms constitute the entire understanding and agreement between the Users and the Company with respect to the subject matter.
The sections relating to:
Services,
Confidentiality,
Limitation of Liability,
Indemnity,
Governing Law
shall survive termination or expiration of this Agreement.
No Agency or Employment
You agree and acknowledge that no:
agency,
joint venture,
or employment relationship
is created under these Terms.
No Improper Benefits
Neither party nor its representatives shall accept or agree to accept any:
commission,
gift,
share of profit,
or other favour,
whether in cash or kind, related to this Agreement.
No Third-Party Enforcement
No provision of these Terms shall be enforceable by a third party.
No Assignment by User
The User must not assign, transfer, charge, encumber, create any trust over, or otherwise deal with these Terms or any right, benefit, or interest under them, nor transfer, novate, or subcontract obligations under these Terms.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Email: support@hopr.mobi
Website: https://www.hopr.mobi/
