The ‘Ola Bike’ feature on the ‘Ola Cabs’ Application is owned, operated and provided by ANI Technologies Private Limited.
These terms and conditions (“User Terms”) apply to Your visit to and use of Ola Bike Taxi Service, whether through a computer or a mobile phone, as well as to all information, recommendations and or services provided to You with respect to Ola Bike Taxi Service, on or through the Application and the Site. This document is an electronic record in terms of the Information Technology Act, 2000 and the rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, You are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE OLA BIKE TAXI SERVICE. If You do not accept any of the User Terms, then please do not use Ola Bike Taxi Service or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND OLA IN RESPECT OF THE USE OF OLA BIKE TAXI SERVICE.
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
- “Account” shall mean the account created by the Customer on the Application for availing the services provided by Ola on the Application.
- “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
- “Application” shall mean the mobile application “Ola Cabs” updated by Ola from time to time.
- “City of Operation” shall mean a city in which the Customers avail and the TSPs are permitted by Ola to render transportation services. For clarity, the services rendered by the TSPs and availed by the Customers shall be in the same city.
- “Customer/ You” shall mean a person who has an Account on the Application and uses the Ola Bike Taxi Service for availing transportation services. For clarity, a Customer may not use the Application for availing Ola Bike Taxi Service for a third party.
- “E-Wallet” shall mean such pre-paid payment instruments available on the Application, which can be used to make payments for the services offered on the Application.
- “Fare” shall mean such amount in Indian Rupees, which is reflected on the Application, as the amount payable for a Ride.
- “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Ola.
- “Ola” or “Us” shall mean ANI Technologies Private Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its corporate office at 4th Floor, Cherry Hills, Embassy Golf Links, Domlur, Bangalore-71, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
- “Ola Bike Taxi Service” shall mean the category icon ‘Bike’ available on the Application and shall include the Services offered therein including provision for Service Requests and Bookings as described in Clause 4.1.
- “Ola Platform” shall mean and include the Application, the Site, the mobile interface provided to the Riders and all back-end technology/data.
- “Ola T&C” shall mean the terms and conditions of use of the Application and/or the Site available at [Enter URL].
- “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Ola from the Customer from time to time for registration on the Application.
- “Ride” shall mean the travel by the Customer in a Vehicle between the pick up and drop points indicated by the Customer on the Application.
- “Rider” and/or “TSP” shall mean and include such individuals who own Vehicles, have necessary permits and licenses to provide transportation services and provide transportation services on and through the Application within the City of Operation.
- “Site” shall mean the websites operated by Ola or any platform that enables the use of the Application by the Customers. For clarity, Site does not include the back end technology and data owned and operated by Ola and/or shared with the Riders.
- “User Terms” shall mean these Customer terms and conditions.
- “Vehicle” shall mean a ‘motor cycle’ as defined under the Motor Vehicles Act, 1988.
- You will be “Eligible” to use the Ola Bike Taxi Service only when You fulfil all of the following conditions:
- You have attained at least 18 (eighteen) years of age.
- You are competent to enter into a contract under the Applicable Laws.
If You reside in a jurisdiction that restricts the use of the Ola Bike Taxi Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.
- REGISTRATION AND ACCOUNT
- You understand and acknowledge that You can use the Ola Bike Taxi Service only after providing Registration Data and registering on the Application in terms of the Ola T&C. For clarity, the Account, its usage and any communication pertaining to the Account and/or Registration shall be subject to Ola T&C.
3.2 You acknowledge and agree that Your Information may be transferred or stored in a server outside India or the country where You are located in order to perform Ola’s obligations under these User Terms.
3.3 When You use the Portal or send emails or other data, information or communication to Ola, You agree and understand that You are communicating with Ola through electronic records and You consent to receive communications via electronic records from Ola periodically and as and when required. Ola may communicate with You by email or by such other mode of communication, electronic or otherwise.
3.4 You hereby expressly consent to receive communications from Ola through Your registered phone number and/or e-mail id. You consent to be contacted by Ola via phone calls/SMS notifications. You agree that any communication so received by You from Ola will not amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
- Ola offers information and a means to obtain transportation services offered by TSPs, which may be requested through the use of Application or through any other channel made available by Ola for ‘booking’ purposes. Requests for transportation services raised through the Application and/or any other channel made available by Ola shall hereinafter be referred to as “Service Requests”. The acceptance of Service Requests by TSPs shall be referred to as “Bookings”. All services provided by Ola to You by means of Your use of the booking channel, for Booking purposes, are hereinafter referred to as the “Ola Bike Taxi Service”. Ola will store the information provided or record your calls for contacting You for all service related matters. You may promptly inform Ola on any change in the information provided by You.
- Presently Ola does not charge any fee for browsing the Application or the Site or for availing Ola Bike Taxi Service. However, in the event Ola decides to impose any such fee, whether for the use of the Site or Application or Ola Bike Taxi Service, it shall be notified to You by email, a message on Your registered phone number or on the Application. Your continuous use of the Application/ Site after such notification shall be deemed to be acceptance of the revised fee term by You. You agree to pay such fee depending on the features used by You, as long as You are registered on the Application.
- HOW TO USE THE OLA BIKE TAXI SERVICE
- The Ola Bike Taxi Service allows You to place Service Requests through Ola to a TSP on the Ola Platform. The TSP has sole and complete discretion to accept or reject each Service Request. If the TSP accepts a Service Request and confirms the Booking, Ola shall notify You and provide information regarding the TSP – including Rider name, Vehicle license number, and telephone contact details of the TSP.
- Ola shall procure reasonable efforts to bring You into contact with a TSP in order to obtain transportation service, subject to the availability of TSP in or around Your location at the moment of Your placing a Service Request.
- By using the Ola Bike Taxi Service, You further agree that:
- You will only use the Ola Bike Taxi Service for personal use and will not place Service Requests for a third party;
- You will not use the Ola Bike Taxi Service for unlawful purposes;
- You will not use the Ola Bike Taxi Service for commercial delivery services/purposes;
- You will not use the Ola Bike Taxi Service in an inebriated state;
- You will not try to harm the Ola Bike Taxi Service, Site or our network in any way whatsoever;
- You will provide Ola with such information and documents which Ola may reasonably request;
- You will only use an authorized network to avail of the Ola Bike Taxi Service;
- You are aware that when placing a Service Request, whether by message, via Application, calling the call centre of Ola, standard messaging charges, data charges, voice charges, as applicable, of Your and Our phone network service providers, will apply;
- You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Application or Ola Bike Taxi Service; and
- You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
Ola reserves the right to immediately terminate Your use of the Ola Bike Taxi Service and/or the use of the Application in the event of non-compliance with any of the above requirements.
The Riders reserve the right to terminate Your use of the Ola Bike Taxi Service in the event Your usage of the Ola Bike Taxi Service requires assistance or services beyond transportation services from the Riders. In the event of dispute, Ola reserves the right to determine Your usage of the Ola Bike Taxi Service.
The Riders reserve the right to terminate Your use of the Ola Bike Taxi Service in the event You are carrying excessive luggage. In the event of dispute, Ola reserves the right to determine Your usage of the Ola Bike Taxi Service.
- Ola shall, upon receiving a Service Request from You, proceed to confirm or decline the Service Request based on the availability of Vehicles and confirmation by TSPs at the pickup time, which shall be informed to You vide an SMS and email. In the event Booking is confirmed, You shall check the Booking details including but not limited to pick up time and pick up place, and if there are incorrect details, the same needs to be informed to Us immediately by calling our call centre(s).
- You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS/email or failure to inform Ola of the incorrect details immediately.
- During the course of the Ride, You shall wear the helmet provided to You by the Rider.
You may choose to pay for the Ola Bike Taxi Service by either of the following two methods:
- Cash payment: Cash payment towards the Fare after the completion of Ride can be made to the Rider. In addition to the Fare, any toll duty, inter-state taxes, cess etc. as may not be included in the Fare but payable to any third party for undertaking the Ride under Applicable Law (“Additional Charges”), shall also be payable by You. The toll charges will be payable by when the Vehicle crosses a toll post/border post while carrying You, except when the toll is charged on the return of the Vehicle, such toll will be charged to You during the drop to the destination. You are responsible for the timely payment of the Fare and Additional Charges, in cash to the Rider.
- Online payment: Online payment for a Ride can be made to Ola through any of the payment methods offered on the Application. When You choose to make an online payment, Ola shall collect the Fare on behalf of the TSP who will be responsible for providing the transportation services. Ola also offers You the facility of making an online payment through an E-Wallet powered by a third party payment processor (“Payment Processor”). E-Wallet money will not be applicable on Bookings made while the Customer is not logged into his/her Account on the Application. The processing of payments or credits, as applicable, in connection with Your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that Ola engages for the purpose. Ola will not be responsible for any errors by the Payment Processor in any manner. In the event the payment cannot be accepted through E-Wallet, You shall be required to pay the Fare for the Ride/(s) in cash in terms of Paragraph 6.1 (Cash Payment) above. Further, even in cases of online payments, all Additional Charges shall have to be paid by You in cash, to the authority or person concerned or if already paid by the Rider, to the Rider.
- Any payment related issue, except when such issue is due to an error or fault in the Application, shall be resolved between You and the Payment Processor. Ola shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Ola Bike Taxi Services on the Application.
- Ola will generate the invoice on behalf of the Rider servicing Your request, which will be sent across to Your registered e-mail. Please note that the charges mentioned in the invoice are exclusive of the Additional Charges.
- CANCELLATION POLICY
- You may cancel the Booking up to 1 (one) hour prior to the time of journey, without any cancellation charges for all Ola Bike Taxi Services.
- Any cancellation made within 1 (one) hour of travel might attract cancellation charges.
- USER VIOLATION OF USER TERMS
9.1 You shall not smoke and/or consume alcohol in the Vehicles or misbehave with the Rider or act in violation of Applicable Law. In the event You are found to be involved in the activities set out above, You shall be liable to pay a fine to Ola and/or Ola shall also have the right to terminate the Ride. In the event You fail to pay fine after the completion of the Ride, Ola may at its sole and absolute discretion, take such steps as may be available to Ola under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or for any misbehavior, as the case may be.
- CUSTOMER RELATIONSHIP MANAGEMENT
- All issues, opinions, suggestions, questions and feedback while availing Ola Bike Taxi Service may be communicated to us by writing in the feedback register available with the Rider or through email address or the toll free number mentioned on the Ola Platform. In case of a Ride booked on our Ola Platform, You shall be required to rate the Ride after its termination. You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the Riders or Rides or Ola Bike Taxi Services.
- Reporting of any issue needs to be done within seven (7) days of the happening of such issue, failing which, the issue will not be addressed. However complaint regarding Rider who You suspect to be under the influence of drugs or alcohol during the course of the Ride, should be reported immediately, for Us to take action.
- Any issue reported on channels other than the above may be addressed by Ola only on a best-effort basis. Ola takes no liability for inability to get back on other channels.
- Ola shall endeavor to respond to Your issues within two (2) working days of Your reporting the same and shall endevour to resolve it within ten (10) working days. It is hereby clarified that issues are resolved on severity basis, and certain issues may be resolved earlier than the others. However, Ola, shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.
- FORCE MAJEURE
We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
By accepting these User Terms and using the Ola Bike Taxi Service, You agree that You shall defend, indemnify and hold Ola, its affiliates, its licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including the TSPs; or (c) Your use or misuse of the Ola Platform or Ola Bike Taxi Service.
- The information, recommendations and/or Ola Bike Taxi Services provided to You on or through the Application, the Site and by our call centres are for general information purposes only and do not constitute advice. Ola will reasonably keep the Application and/or its Site and its contents correct and up to date but does not guarantee that (the contents of) the Application and/or the Site are free of errors, defects, malware and viruses or that the Application and/or the Site is correct, up to date and accurate.
- Ola shall not be responsible for incidents such as a Customer missing a train/flight/event or delays caused by the TSP, as the Ola Bike Taxi Service is dependent on many factors that are beyond Ola’s control. You must place a Service Request on the Application after taking into account Your check-in time (if any), traffic and weather conditions en-route to Your desired destination, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays. Ola may however at its sole and absolute discretion, reimburse You the amounts paid by You to Ola or Rs. 5,000/-, whichever is lesser, in the event You miss a train/flight/bus as a result of such delay. However, in order to be eligible for such reimbursement, the Vehicle must be booked for a pickup time which is at least 3 (three) hours before the scheduled check-in time in case of a flight and at least 2 (two) hours before the scheduled departure time in case of a bus/train, for distances that can be covered in at least 1 (one) hour under normal traffic conditions.
- In the event, there is a delay by the TSP in reaching the pickup location within 30 (thirty) minutes of the pickup time, Ola shall endeavour to get You in touch with the TSP assigned for Your Ride and/or connect You with another TSP.
- Ola shall not be liable for any damages resulting from the use or inability to use the channels of booking, including damages caused by wrong usage of website URL, error in call centre numbers, network issues, malware, viruses or any incorrectness or incompleteness of the information on the Site or Application, unless such damage is the result of any wilful misconduct or gross negligence on the part of Ola.
- You shall take full responsibility of Your items and luggage. In case any items are lost inside the Vehicle during the Ride, Ola will try to locate the items on a “best-effort” basis but it shall not responsible for the same in case it is lost or damaged. If You leave any goods in the Vehicle or have any complaint in respect of the Ola Bike Taxi Service or the use of the Vehicle, You have to inform Ola of the same in writing within twenty four (24) hours of using the Vehicle or the Ola Bike Taxi Services of Ola. In the event it is found, You shall be informed of the Ola office from where You can collect it after three (3) working days from the date You were informed. Ola however shall not be responsible for delivering the same back to You. If requested, Ola may deliver the misplaced item/s back to You after three (3) working days from the date You were informed, subject to the place of delivery being within a 20 km range from the nearest Ola office. Ola shall charge You a flat fee of Rs. 500/- for such delivery.
- Ola shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Ola. Ola will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding Booking confirmations.
- IN NO EVENT SHALL OLA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OLA OR ANY OF OLA’s SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
- IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OLA’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 5000/- (Rupees Five Thousand only).
- If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages or death or personal injury, the scope and duration of such warranty exclusions and the extent of the liability of Ola shall be the minimum permitted under Applicable Law.
- INTELLECTUAL PROPERTY OWNERSHIP
- Ola alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to
- the Ola Bike Taxi Service and any suggestions, ideas, enhancement requests, feedback, recommendations related thereto or connected therewith;
- text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code related or connected with the Ola Bike Taxi Service; or
- other information provided by You or any other party relating to the Ola Bike Taxi Service.
Third party trademarks may appear on the Ola Bike Taxi Service and all rights therein are reserved to the registered owners of those trademarks. For use of any third party’s intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
- These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Ola Bike Taxi Service, or any intellectual property rights owned by Ola. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by You of the Ola Bike Taxi Service or the Site/ Application.
- You may use information on Ola Bike Taxi Service purposely made available by Us for downloading from the Application and/or Site, provided that You:
- do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
- use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
- do not make any additional representations or warranties relating to such information.
- TERM AND TERMINATION
- Unless terminated in accordance with this Clause, these User Terms are perpetual in nature and govern all Service Requests, Bookings and Rides effected through the Application.
- You are entitled to terminate these User Terms at all times by permanent deletion of the Application installed on Your smart phone, thus disabling the use by You of the Application and the Ola Bike Taxi Service.
- Ola is entitled to terminate its agreement with You at all times and with immediate effect (by disabling Your use of the Site and the Ola Bike Taxi Service) if You: (a) violate or breach any term of these User Terms, or (b) in the opinion of Ola, misuse the Application or the Ola Bike Taxi Service. Ola is not obliged to give notice of the termination of the agreement in advance. After termination Ola will give notice thereof in accordance with these User Terms.
- Termination of this agreement will not prejudice accrued rights of either Ola or You.
- Such clauses which by their very nature require survival post termination of these User Terms, shall survive the expiry/termination of these User Terms.
- INVALIDITY OF ONE OR MORE PROVISIONS
15.1 The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
16.1 In the event of any contradiction or inconsistency between these User Terms and any other agreement executed between You and Ola, the terms of these User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under these User Terms.
- You agree that Ola is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. Ola does not endorse, advertise, advise or recommend You to avail the Ola Bike Taxi Services of any Rider.
- Ola does not authorize anyone to make a warranty on Ola’s behalf and You may not rely on any statement of warranty as a warranty by Us.
- Ola and its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Ola Bike Taxi Service or the Ola Platform, or Your reliance upon the Ola Bike Taxi Service or the information contained on the Ola Platform (whether arising from Ola or any other person’s negligence or otherwise).
- This Site, Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Ola Bike Taxi Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that Ola shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
- All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Ola Bike Taxi Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
- MODIFICATION OF THE SERVICE AND USER TERMS
18.1 Ola reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, discontinue or restrict your use to all or any feature of the Ola Bike Taxi Service or Application at any time by posting a notice on the Site or by sending You notice in accordance with Clause 19 below. Your continuous use of the Application/ Site after such notification shall be deemed to be acceptance of the revised terms by You.
- Ola may give notice by means of a general notice on the Ola Bike Taxi Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in Ola’s account information.
- You may contact Ola by electronic mail at Ola’s email address email@example.com by written communication sent by regular mail to Ola’s address at :
ANI Technologies Private Limited
#414, 3rd Floor, 4th Block,
17th Main, 100 Feet Road
Koramangala, Bangalore – 560034
Ph no – 080-67350900
Fax no – 080-67350904
- These User Terms may be modified or amended by Ola at its sole and absolute discretion. It is Your duty to check and update Yourself on the terms and conditions contained herein, which shall be available at [insert link]. In the event, the terms contained in the User Terms are not acceptable, You may discontinue the usage of Ola Bike Taxi Services.
- You may not assign Your rights under these User Terms without prior written approval of Ola. Ola can assign its rights under the User Terms to any affiliate.
- APPLICABLE LAW AND DISPUTE RESOLUTION
- These User Terms shall be governed by and construed under the laws of India. Any dispute arising out of or in connection with these User Terms, including any question regarding its existence, validity or termination, shall be referred to and resolved by mediation between the Parties at the office of Ola for 15 (Fifteen) days. On failure of settlement the dispute shall then be resolved by arbitration, in Bangalore, in accordance with the Indian Arbitration and Conciliation Act, 1996. The arbitration tribunal shall consist of 1 (one) arbitrator jointly appointed by the Parties and if the Parties fail to agree on appointment of such arbitrator, the arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996.
- Subject to the above, the courts of Bangalore, India shall have exclusive jurisdiction on the matters arising from or in connection with this Agreement.