Uber India Development Private Limited

Terms and Conditions- India Metro Ticketing

INDIA

1. CONTRACTUAL RELATIONSHIP

These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (“Services”) made available by Uber India Development Private Limited (“Uber”) a private limited liability company established in India, having its registered office at 1st Floor, 1668/A, RJP Towers 27th Main, 2nd Sector, Parangi Palya, HSR Layout, Bangalore, Bangalore, Karnataka, India, 560102 with Corporate Identification Number U93000KA2016FTC092346. Uber is registered as a Network Participant- Buyer Node on Open Network for Digital Commerce (“ONDC”) for offering Services (as defined below).

Please read these Terms carefully prior to using the Services. These Terms include information about the Services and how you can manage your booking, including about changes, refunds and cancellations and payment. By using the Services (even when just browsing) you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and Uber. Uber may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Uber may amend the Terms related to the Services from time to time. Amendments will be effective upon Uber’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. In provision of the Services, Uber may collect and share your personal information. By accepting these Terms, you will be providing your consent to Uber to collect, process, transmit, store, use, disclose, share, deal, handle, and transfer personal information. Our collection and use of personal information in connection with the Services is as provided in Uber group’s privacy notice available at www.uber.com/legal. Uber may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict. These Terms expressly supersede prior agreements or arrangements with you in respect of this subject matter.

2. THE SERVICES

The Services constitute: (a) provision of the technology platform that enables users of mobile applications (“Platform”) or website of Uber India Systems Private Limited (“UISPL”) (each, an “Application”) to arrange and schedule transportation including checking timetables and ticket prices for a wide range of train, bus, or coach journeys powered by our business partners and making bookings directly for transportation tickets and products and services provided by independent third-party transportation service providers (“Transportation Service Providers”) through the ONDC platform; (ii) support services to the users of the Applications in relation to, among others, payment facilitation, resolving issues/ queries/ complaints/ support tickets, arranging pickup facility for airports or such other places and other similar support services; and (iii) services of providing tickets offered to the users of the Applications, (“Services”).

Uber merely acts as a facilitator to enable you to search or book a ticket through the Platform. All ticket bookings are further subject to the applicable terms and conditions by the relevant Transportation Service Providers. Delhi Metro Railway Corporation’s terms and conditions for booking tickets on ONDC platform can be found on the link provided below: https://ondc-prod-dmrc.sequelstring.com/seller/dmrc/info

Uber is not responsible for the products and services provided by third parties, which in this case includes the transportation and ticketing services being offered on the Platform, or for the terms and conditions (including financial terms) under which those products and services are offered. Uber will not verify and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade, or maintenance of ONDC platform, the Applications, or otherwise), inaccurate, misleading, or untrue information, nor non-delivery of information.

Uber may immediately terminate these Terms with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Unless otherwise agreed by Uber in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

You acknowledge that:

a) Uber and its affiliates do not provide transportation services or function as a transportation carrier and that all such transportation services are provided by Transportation Service Providers who are not employed by Uber or any of its affiliates;

b) to the fullest extent permitted by law, Uber or its affiliates: (i) shall not be liable for the actions or omissions of any Transportation Service Providers with regard to the provision of ticketing services and do not assume any liability for the condition, standard and quality of ticketing services provided by the Transportation Service Providers; and (ii) do not or guarantee the accuracy or completeness of the information (including the information, photos or images related to ticketing services). Photos and images may be displayed on the platform for illustration purposes and are for your reference only and shall not form or be construed as being part of any offer, contract, representation or warranty, expressly or impliedly;

c) Transportation Service Providers are solely responsible for obtaining all applicable approvals, authorizations, consents and permissions from the relevant parties, regulatory bodies and government authorities for the purposes of providing the relevant services; and

d) any safety or other related effort, feature, process, policy, standard or other effort undertaken by Uber or its affiliates, in the interests of public safety or maintenance of the quality of the Services (whether required by the applicable regulations or not), is not an indicia of an employment relationship with a Transportation Service Provider.

License

Subject to your compliance with these Terms, Uber’s affiliate grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable free-of-charge license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Uber and Uber’s affiliates.

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Uber or its affiliates (as applicable); (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Third Party Services and Content

The Services may be made available or accessed in connection with third party services and content (including advertising) that Uber or its affiliates do not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Uber and its affiliates do not endorse such third party services and content and in no event shall Uber and its affiliates be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service. Further, the usage of ONDC Mark does not imply endorsement, guarantee, or assurance of the Service or Uber.

Ownership

The Services and all rights therein are and shall remain Uber’s property or the property of Uber’s affiliates, as applicable. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Uber’s company names, logos, product and service names, trademarks or services marks or those of Uber’s affiliates.

3. YOUR USE OF THE SERVICES

USER ACCOUNTS.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account with Uber India Systems Private Limited (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Uber certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Uber’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Uber or its affiliate in writing, you may only possess one Account.

USER REQUIREMENTS AND CONDUCT.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive the Services from the Transportation Service Provider unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Transportation Service Providers or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

TEXT MESSAGING.

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Uber or any of its affiliates at any time by sending an email to support@uber.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

PROMOTIONAL CODES.

Uber may, in its sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Transportation Service Provider’s services, subject to any additional terms that Uber establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Uber; (iii) may be disabled by Uber at any time for any reason without liability to Uber; (iv) may only be used pursuant to the specific terms that Uber establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Uber reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Uber determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

USER PROVIDED CONTENT.

Uber may, in the sole discretion of Uber or its affiliates, permit you from time to time to submit, upload, publish or otherwise make available to Uber or its affiliates through the Services, textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Uber or its affiliate (as the case maybe), you grant Uber and its affiliate a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Uber’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Uber the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Uber’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Uber in its sole discretion, whether or not such material may be protected by law. Uber may, but shall not be obligated to, review, monitor, or remove User Content, at Uber’s or its affiliates’ sole discretion and at any time and for any reason, without notice to you.

NETWORK ACCESS AND DEVICES.

You are responsible for obtaining and maintaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Uber and its affiliates do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of internet and electronic communications.

4. PAYMENT

You understand that use of the Services may result in charges to you for the services you receive from Uber and/ or a third party provider (“Charges”). After you have received services obtained through your use of the Services, Uber (or its affiliate, as applicable) will facilitate your payment of the applicable Charges received on behalf of the third party provider as such a third party provider’s limited payment collection agent (if applicable).

Payment of such Charges in such manner shall be considered the same as payment made directly by you to the third party provider. All Charges will be inclusive of applicable taxes where required by law. Uber reserves the right to charge you amounts for, among others, fees and charges incurred for the provision of services by the third party providers, charges for the Services, each along with applicable taxes (including but not limited to GST). Charges paid by you are final and non-refundable, unless otherwise determined by Uber. Uber will respond accordingly to any request from a third party provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by Uber (or its affiliate) using the preferred payment method designated in your Account, after which Uber will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Uber (or its affiliate) may use a secondary payment method in your Account, if available. As between you and Uber, Uber reserves the right to establish, remove and/or revise the Charges for any or all services obtained through the use of the Services at any time in Uber’s sole discretion. Uber will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Uber may from time to time provide certain users with promotional offers, subscriptions and discounts that may result in discounted amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers,subscriptions and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

5. DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY

DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” UBER AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, UBER AND ITS AFFILIATES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. UBER AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

UBER AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF UBER AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY TRANSPORTATION SERVICE PROVIDER, EVEN IF UBER AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UBER’S REASONABLE CONTROL. IN NO EVENT SHALL UBER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS (€500). SERVICES PROVIDED BY UBER OR ITS AFFILIATES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION WITH TRANSPORTATION SERVICE PROVIDERS, BUT YOU AGREE THAT UBER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TICKETING OR TRANSPORTATION SERVICES PROVIDED TO YOU BY TRANSPORTATION SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

INDEMNITY

You agree to indemnify and hold Uber, its affiliates, and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Uber’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

6. CANCELLATION AND REFUND POLICY

Cancellation and refund policy in relation to metro ticketing is available here.