Terms and Conditions for Customer/User (Bikes, Auto & Cab)

Introduction

These Terms and Conditions (“Terms”) govern your access to, interaction with, and use of the Red Bike Taxi mobile application and website (collectively, the “Platform”) and the services offered through it. By registering, browsing, or using the Platform, or by availing the ride services made available by third-party service providers (hereinafter referred to as “Pilots”) via the Platform, you (“you”, “your”, “User”, or “Customer”) agree to be legally bound by these Terms.

These Terms are entered into between you and Red Bike Taxi Services Pvt. Ltd. (“Red Bike Taxi”, “Company”, “we”, “us”, or “our”), which provides a technology-based Software-as-a-Service (“SAAS”) platform enabling Users to connect with independent Pilots who offer two-wheeler ride services.

By accessing or using the Platform, you expressly agree to comply with and be bound by:

• These Terms and Conditions;
• Our Privacy Policy; and
• Any other applicable terms, notices, or policies communicated through the Platform.

These Terms supersede any prior agreements or arrangements you may have had with Red Bike Taxi. If you do not agree to these Terms, you should refrain from using the Platform or availing the services provided through it.

The Platform is intended solely to facilitate ride discovery, booking, and related service support. Red Bike Taxi does not provide the ride services directly. All ride services are provided independently by Pilots, and Red Bike Taxi acts solely as a technology facilitator to enable such connections.

I. SERVICES

Red Bike Taxi Services Pvt. Ltd. (“Red Bike Taxi”, “we”, “our”, or “Company”) offers a technology-based Software-as-a-Service (SAAS) platform (“Platform”) to enable Users (“you”, “your”, or “Customer”) to discover and connect with independent third-party drivers or vehicle operators (“Pilots”) for the following services (collectively referred to as “Services”):

1. Transportation Services: Facilitating the booking of two-wheeler rides (Bikes) operated by Pilots for point-to-point transportation based on the pick-up and drop-off locations selected by you.
2. Package Services: Enabling delivery and pick-up of packages between two locations via the Pilots.
3. Ancillary Support: Offering associated services, including facilitation of communication, customer support, and payment processing, as made available on the Platform from time to time.

Note: Red Bike Taxi does not itself provide ride or delivery services. All such services are offered solely by Pilots who operate independently and are discoverable via the Platform.

II. USER REPRESENTATIONS, WARRANTIES, AND UNDERTAKINGS

1. Age Requirement: You confirm that you are at least 18 years old. The Services are not available to individuals below the age of 18 unless accompanied or overseen by a parent or legal guardian. You are solely responsible for any use of the Services by minors under your supervision, including ensuring their safety, and Red Bike Taxi bears no responsibility in this regard.
2. False Representation of Age: If it is discovered or brought to our attention that you misrepresented your age or eligibility to use the Platform, we reserve the right to suspend or terminate your account immediately. You shall not be entitled to raise any claims against Red Bike Taxi, including for compensation or insurance.
3. Legal Compliance and Capacity:
   • You confirm that no insolvency proceedings have been initiated against you and you have not been declared insolvent by any court or authority.
   • You are not restricted by any judicial, regulatory, or administrative authority from entering into agreements or using the Platform.
   • You undertake to use the Platform and Services strictly in compliance with these Terms and all applicable laws.
4. Data and Identity Verification:
   • You authorize Red Bike Taxi, either directly or through third-party verification providers, to collect, store, and verify your identity and personal information, including documents, bank details, and contact information, as required under applicable law and as detailed in our Privacy Policy.
   • You may be required to validate your ownership of contact details or financial instruments, or verify your data against external databases.
   • We reserve the right to restrict, suspend, or terminate your access to the Platform or Services if we are unable to verify your identity or any other required Information.
5. Information Accuracy:
   • You agree to provide only true, complete, accurate, and up-to-date information when registering or using the Platform.
   • You are solely responsible for the correctness of the Information provided, including your contact details and payment information.
   • Red Bike Taxi is not liable for any error, delay, or failure in service arising due to incorrect, incomplete, or false Information provided by you.

III. OPERATION OF THE PLATFORM

1. Account Registration and Responsibility
   To access the Services, you are required to register and create a user account on the Red Bike Taxi mobile application or website (“Your Account”) by submitting accurate, current, and complete information as requested during the registration process. You are solely responsible for safeguarding the confidentiality of your login credentials (such as username and password). Red Bike Taxi shall not be liable for any unauthorized use of Your Account or any losses arising therefrom.
2. Non-Transferability
   Your Account is personal to you and may not be transferred, licensed, assigned, or sold to any other individual or entity.
3. Account Security
   You agree to assume full responsibility for all activities that occur under Your Account. You further undertake to maintain the security and confidentiality of your credentials by implementing reasonable security practices, including choosing strong passwords and avoiding disclosure of account details to unauthorized persons. You must notify Red Bike Taxi immediately in the event of suspected unauthorized access, compromise of login credentials, or misuse of Your Account.
4. Limitation of Liability for Unauthorized Access
   Red Bike Taxi shall not be liable for any breach of security, unauthorized access, or misuse of Your Account, regardless of whether such access was with or without your consent.
5. Service Request and Allocation
   When you submit a booking request through the Platform (“Service Request”), Red Bike Taxi will attempt to match your request with an available Pilot through its app-based interface, which uses GPS-GPRS-enabled devices operated by independent Pilots.
6. Pilot’s Discretion and Assignment
   The acceptance of your Service Request is entirely at the discretion of the Pilot. Upon acceptance, you will receive a notification via the Platform containing details of the assigned Pilot, including their name, contact number, and vehicle registration number.
7. Non-Performance by Pilot
   In some cases, even after acceptance of a Service Request, the Pilot may fail to arrive at the pick-up location or may opt not to render the ride or delivery service. Red Bike Taxi shall not be held responsible or liable for such non-performance or cancellation by the Pilot.
8. Service Availability and Geographic Limitations
   While Red Bike Taxi will make reasonable efforts to connect you with a Pilot, the fulfillment of a Service Request is subject to the availability of Pilots near your location at the time of your request. The Company does not guarantee fulfillment of every Service Request.
9. App Version and Compatibility
   It is your responsibility to download and maintain the correct and updated version of the Red Bike Taxi mobile application. The Company shall not be liable if you are unable to access the Services due to the use of an incorrect or incompatible version of the application or incorrect access to the web portal.
10. Role of Red Bike Taxi as a Technology Facilitator
    For clarity, Red Bike Taxi solely acts as a technology platform to facilitate discovery and lead generation. It does not own or operate transportation services or delivery vehicles. All transportation and delivery services are rendered solely by Pilots, who are independent third-party service providers and are not employees, agents, or representatives of Red Bike Taxi or its affiliates. Red Bike Taxi is not responsible for the behavior, acts, or omissions of any Pilot.
11. Monitoring for Service Improvement
    You acknowledge and consent that Red Bike Taxi may monitor and record telephonic conversations between you and the Pilot for purposes including, but not limited to, quality control, training, dispute resolution, and improving customer support services.
12. Service Mode and Feature Changes
    The Company reserves the right to introduce, modify, or discontinue any features or modes of service or Service Request options on the Platform at its sole discretion and without prior notice.

IV. USER CONDUCT

1. Lawful Use
   You will use the Services strictly for lawful purposes and in accordance with all applicable laws, rules, and regulations in force in the Republic of India. You will not engage in any activity that may be considered disreputable or that could harm the reputation of the Company.
2. Respectful Behavior
   You will treat Pilots with respect and dignity. You shall not engage in any unlawful, abusive, harassing, or threatening behavior, nor shall you cause damage to the Pilot’s Vehicle while availing Services.
3. Limitation of Responsibility
   You acknowledge that Red Bike Taxi is not liable for the actions, conduct, or omissions of Pilots, nor for the quality or condition of the Vehicles used. The contractual relationship for ride services is exclusively between you and the Pilot. The Company merely acts as a technological facilitator.
4. Prohibited Conduct on the Platform
   • Download or use the mobile application for any purpose other than your personal and lawful use;
   • Authorize anyone else to use Your Account;
   • Transfer, sell, or assign Your Account to another individual or entity;
   • Use the Platform to store, send, or upload any unlawful, misleading, defamatory, obscene, or harmful content;
   • Engage in fraudulent activities, such as creating fake or duplicate accounts, providing false documents or identification, tampering with the platform’s operation, or misusing promotional offers;
   • Use the Platform in a manner that causes nuisance, annoyance, inconvenience, or distress to Red Bike Taxi, Pilots, or other users;
   • Introduce or transmit viruses, malware, or other harmful code, or take any action to disrupt, impair, or overload the Platform or any third-party systems;
   • Copy, reverse-engineer, distribute, or attempt to derive the source code of any part of the Platform;
   • Use the Platform with any unauthorized, incompatible, or modified device, or one not intended for legal communication;
   • Attempt to interfere with the integrity or security of the Platform.
5. Content and Data Restrictions
   • Belongs to another person to which you do not have lawful access;
   • Is harmful to minors or incites violence, hatred, or discrimination;
   • Infringes intellectual property or proprietary rights;
   • Contains viruses, code, or files meant to damage or limit the functionality of any computer system;
   • Threatens the sovereignty, security, or integrity of India or disturbs public order;
   • Is classified as misleading, false, or fake information, especially in relation to government institutions or policies;
   • Constitutes a commercial advertisement, gambling solicitation, or unauthorized online game.
6. Account Authentication
   You will cooperate with Red Bike Taxi and provide any proof of identity or information as may be reasonably requested to verify your identity or usage.
7. Violation and Termination
   If you breach any provision of these Terms, Red Bike Taxi reserves the right to immediately terminate your access to the Platform and Services, without prior notice and without any liability.

V. COMMUNICATION AND NOTIFICATIONS

1. Consent to Communicate
   You agree and consent that Red Bike Taxi (either directly or through its affiliates, partners, or third-party service providers) may contact you for service-related communication or operational updates via:
   • Phone calls or SMS;
   • WhatsApp messages;
   • Emails;
   • In-app push notifications or other written communications.
2. Service and Legal Notifications
   All legal or service-related notifications sent via electronic means (email, SMS, app notification, etc.) will be deemed received within 24 hours of transmission. Communications sent via post or courier will be presumed delivered within 3 (three) business days of dispatch.
3. Consent for Automated Communication
   You expressly authorize Red Bike Taxi and its representatives to contact you through:
   • Mobile or landline numbers provided by you;
   • Email addresses associated with Your Account;
   • Automated dialing systems or artificial voice messages, for service-related purposes, including but not limited to booking confirmations, support updates, safety alerts, or feedback requests.
4. Disclaimer for Delivery Delays
   Red Bike Taxi is not liable for any delay, failure, or distortion in delivery of communication due to technical failures, internet connectivity issues, mobile network errors, or other causes beyond its reasonable control.

VII. DISCLAIMER OF WARRANTIES

1. No Advice or Guarantee
   All information and recommendations available on the Platform are intended for general information purposes only and do not constitute professional advice.
2. Platform Availability and Accuracy
   While Red Bike Taxi strives to maintain accurate, current, and uninterrupted access to the Platform, the Company does not guarantee that the Platform or its contents are free from errors, bugs, viruses, or technical issues. The Platform is provided on an “as is” and “as available” basis.
3. Communication Delays
   The Company will not be responsible for any delays or failures in the transmission or receipt of electronic communications, including email, SMS, and app-based notifications, whether caused by third-party providers or technical limitations.
4. Jurisdictional Access
   Users accessing the Platform outside India do so at their own risk and are responsible for complying with local laws. These Terms are governed solely by the laws of India and are not intended to comply with foreign regulations.
5. Force Majeure
   Red Bike Taxi will not be liable for any delay or failure in performance due to reasons beyond its reasonable control, including but not limited to:
   • Power or network outages;
   • Hardware or software malfunction;
   • Natural disasters;
   • Civil unrest, strikes, or governmental actions.
6. Quality of Services
   The ride services are independently provided by Pilots. Red Bike Taxi acts solely as a technology facilitator and does not guarantee or endorse the quality or safety of the services provided. However, Users may submit complaints related to service quality, which the Company may review for future platform improvement.
7. No Warranties
   Red Bike Taxi disclaims all express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, accuracy, and non-infringement. The User assumes full responsibility and risk for the use of the Platform and associated services.

VIII. INTELLECTUAL PROPERTY RIGHTS

1. Ownership
   All rights, title, and interest in the Platform, its software, content, user interface, and associated materials (excluding third-party content and links) are and will remain the exclusive property of Red Bike Taxi and its licensors.
2. Definition
   “Intellectual Property Rights” include patents, copyrights, trademarks, trade secrets, design rights, domain names, and related registrations or applications in all jurisdictions worldwide.
3. Usage License
   Subject to compliance with these Terms, Red Bike Taxi grants Users a limited, non-exclusive, non-transferable, revocable license to install and use the Platform solely for personal and lawful purposes on a single mobile device.
4. User Content and Data
   As between Red Bike Taxi and the User:
   • All personal and transactional data entered by the User remains the sole property of the User (“Customer Data”).
   • The User grants Red Bike Taxi a royalty-free license to process, store, analyze, and use Customer Data to operate, maintain, enhance, and market its services, in accordance with its Privacy Policy.
5. Aggregated Data
   Red Bike Taxi may compile anonymous usage statistics across its user base (“Aggregated Statistics”). Such data, stripped of identifiable information, may be used for internal analytics, research, and business operations.
6. Prohibited Actions
   Users agree not to:
   • License, sublicense, sell, assign, or distribute the Platform to third parties;
   • Reverse-engineer, decompile, or create derivative works of the Platform;
   • Copy or use any content, logos, or features of the Platform for commercial or competitive purposes;
   • Launch automated scripts, bots, or programs that burden the Platform or extract data.
7. Trademarks and Logos
   All logos, brand names, trademarks, and service marks used or displayed on the Platform are registered or unregistered marks of Red Bike Taxi or its affiliates and are protected by applicable IP laws. Unauthorized use is strictly prohibited.

IX. THIRD-PARTY LINKS

1. External Links Disclaimer
   During your use of the Red Bike Taxi Platform, you may encounter links to websites, promotions, or advertisements provided by third-party Pilots, sponsors, or service providers. These external links lead you away from the Platform and are not under the control of Red Bike Taxi. You acknowledge and agree that accessing such websites or content is entirely at your own risk.
2. Data Privacy with Third Parties
   Red Bike Taxi is not responsible for the privacy practices or content of any third-party websites. These sites may place cookies, collect user data, or request personal information. We strongly advise you to review the privacy policies and terms of use of any third-party websites before engaging with them.

X. EMERGENCY SOS

1. SOS Support Feature
   Red Bike Taxi provides an in-app SOS functionality, enabling Users to initiate emergency response procedures by tapping the designated “Red” SOS button within the mobile application. This feature connects directly to our internal safety response team and is designed to prioritize user safety in critical situations.
2. Misuse of SOS Feature
   You agree to use the SOS feature strictly for genuine emergencies. Any misuse or false reporting through the SOS function may result in legal action, service suspension, or account termination as per Red Bike Taxi’s policies and applicable laws.

XI. TERM AND TERMINATION

1. User-Initiated Termination
   These Terms constitute a continuous agreement between you and Red Bike Taxi. You may terminate this agreement at any time by permanently deleting your account from the Platform.
2. Platform-Initiated Termination
   Red Bike Taxi may, at its sole discretion and without prior notice, suspend or terminate your access to the Platform and its Services if you:
   • Violate these Terms;
   • Misuse the Platform or engage in fraudulent activity; or
   • Use the Platform in a manner deemed harmful to other users, Pilots, or the Company’s interests.
3. Notice and Notification
   Red Bike Taxi is not obligated to provide advance notice prior to termination. However, post-termination notice may be issued in accordance with the notification procedures in these Terms.
4. Force Majeure
   Neither party shall be held liable for delays or failure in performance caused by events beyond reasonable control, including but not limited to strikes, riots, natural disasters, network failures, government restrictions, or acts of God.
5. Legal Prosecution
   In addition to termination, Red Bike Taxi reserves the right to pursue legal remedies if fraudulent, malicious, or illegal conduct is detected or suspected.
6. No Waiver
   Failure to enforce any part of these Terms does not constitute a waiver of the Company’s rights to enforce the same in the future.

XII. INDEMNITY AND LIMITATION OF LIABILITY

1. User Indemnification
   You agree to defend, indemnify, and hold harmless Red Bike Taxi, its affiliates, officers, agents, and employees from any third-party claims, liabilities, damages, or losses (including reasonable legal fees) arising out of:
   • Your use or misuse of the Platform or Services;
   • Violation of these Terms;
   • Any third-party claims resulting from your conduct or use of the Platform.
2. Company's Right to Defend
   Red Bike Taxi reserves the right to assume control of the defense in any claim subject to your indemnification at your cost, including settlement negotiations. You agree to fully cooperate in the defense of such claims.
3. Limitation of Liability
   To the fullest extent permitted by law, Red Bike Taxi shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of data or profits, arising out of or in connection with the use of the Platform or Services.
4. Maximum Liability Cap
   Red Bike Taxi’s total liability, under any circumstances and for all claims combined, shall not exceed INR 1,000.

XIII. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

1. Governing Law
   These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the Republic of India.
2. Jurisdiction
   All legal proceedings related to these Terms shall fall under the exclusive jurisdiction of the courts in Guwahati, Assam, India.
3. Arbitration Clause
   In case of any dispute that is not resolved amicably within fifteen (15) days from the date of initiation, the matter shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
4. Arbitral Tribunal
   The arbitration shall be conducted by a sole arbitrator, mutually appointed by both parties. If no agreement is reached on the appointment, either party may apply to the courts in Guwahati for the appointment.
5. Language and Seat
   The arbitration shall be conducted in English and Assamese, and the seat of arbitration shall be Guwahati, Assam.
6. Final and Binding Award
   The decision or award rendered by the arbitral tribunal shall be final, conclusive, and binding on both parties.

XIV. ASSIGNMENT

You may not transfer, assign, or delegate any of your rights or obligations under these Terms without prior written consent from Red Bike Taxi. The Company may freely assign or transfer its rights and obligations under these Terms without restriction or prior notice to you.

XV. SEVERABILITY

If any provision or part of a provision of these Terms is held to be invalid, illegal, or unenforceable under applicable laws of the Republic of India, such provision will be severed and will not affect the validity and enforceability of the remaining provisions of these Terms. The remaining portions will continue to be in full force and effect as though the unenforceable part had never been included.

XVI. CHANGES TO THESE TERMS

Red Bike Taxi reserves the right to update, modify, or revise these Terms at its sole discretion at any time. If changes are deemed significant, reasonable efforts will be made to notify you via email or through the Platform. However, it is your responsibility to periodically review these Terms. Your continued access or use of the Platform following such changes constitutes your acceptance of the modified Terms.

XVII. NOTICES

All official communications from Red Bike Taxi may be delivered via:

• A general notice displayed on the Platform,
• An email sent to your registered email address, or
• A letter sent to the physical address linked to your account.

All notices intended for Red Bike Taxi must be directed to the designated support channels or contact details provided herein.

XVIII. CUSTOMER CARE AND GRIEVANCE REDRESSAL

For any feedback, support issues, or general inquiries related to the Platform or Services, you may contact Red Bike Taxi's customer care team:

• Customer Support Email: support@redbiketaxi.in
• Customer Helpline (24×7): +91-6026131262
• Chat Support: Available via the Red Bike Taxi mobile app.

For reporting issues regarding a specific ride or Pilot, please raise the complaint within 24 hours of availing the Service. For serious complaints involving criminal acts, such incidents must be reported within 72 hours.

Grievance Officer:
Email: support@redbiketaxi.in
Registered Office Address:
Red Bike Taxi
266, Geetanagar,
Guwahati, Assam – 781024, India

B. SPECIAL TERMS
I. PACKAGE SERVICES

1. Service Description:
   Red Bike Taxi enables users to request the pickup and delivery of packages (“Package(s)”) via independent third-party drivers (“Pilots”). The Company solely acts as a technology intermediary and assumes no liability for the quality, performance, or any deficiencies in services rendered by Pilots.
2. Liability Disclaimer:
   Red Bike Taxi is not responsible for any damage, loss, theft, delay, or deficiency relating to Packages. All risk, including loss or mishandling, is borne solely by the user.
3. Prohibited Items:
   Users must not initiate Package Services for items that are illegal, hazardous, or prohibited under applicable law, including but not limited to:
   • Explosives, radioactive, flammable, or corrosive materials
   • Narcotics, psychotropic substances, intoxicants
   • Arms, ammunition, or weapons
   • Precious metals, gems, currency, negotiable instruments
   • Live animals, plants, organs, biological or diagnostic specimens
   • Pornographic materials, contraband, or items requiring special licenses/permits
4. Verification and Compliance:
   Red Bike Taxi does not inspect or verify Package contents. Users are solely responsible for compliance with laws. The Company may report suspicious or illegal activity to authorities.
5. Address Details and Delivery Failure:
   Users must enter accurate pickup, delivery, and return addresses. Delivery will be attempted to the specified address; failed deliveries are returned to the indicated return address. Red Bike Taxi is not liable for loss or issues due to incorrect addresses or failed deliveries.
6. Pilot Discretion:
   Pilots may refuse delivery, notify Red Bike Taxi, or contact authorities if illegal content or policy violations are suspected.
7. Limitations of Value:
   Users are strongly advised not to send Packages valued over INR 500. All risk of loss, theft, or mishandling—including high-value items—is borne by the user.
8. Payment Terms:
   Users must pay the displayed service fee for each completed Package Service. Full payment is required before initiating any new Package Service requests.