Terms & Conditions

End User License Agreement

The domain name www.pikup.co.in available on web portal and the Pikup App (as defined under the definition clause herein below), a mobile web application, (hereinafter Pikup web portal and/or Pikup App individually or jointly referred to as “Site“) is owned by Trailmark Technologies Private Limited, a company incorporated as per the Companies Act, 2013, having its registered office at 3rd Floor, 556, Guru Ram Das Nagar, Laxmi Nagar, New Delhi – 110092, who owns, operates and maintains the Site and Application, providing web and mobile based digital platform for enabling peer to peer ride-sharing, on mutual consent between a Ride Offerer and a Ride Seeker; (hereinafter referred to as “Pikup“).

Any legal person who registers on the Site and agrees to use the Services (as defined below under Definition and Interpretation Clause) through the Site (“You or Your or User”) shall be governed by the following terms and conditions (“Terms and Conditions“) as applicable to the Site including the applicable policies which are incorporated herein by way of reference. By mere use of the Site, You shall be contracting with Pikup and these Terms and Conditions including the policies shall constitute Your legally binding obligations, with Pikup. If You disagree with these Terms and Conditions, You must not use this Site.

(Pikup reserves the right to update and/or modify these Terms and Conditions; therefore, You are encouraged to check for changes made to these Terms and Conditions. If Pikup changes the terms, it shall be updated on the Site and shall be considered effective with immediate effect. Additionally, Pikup reserves the right to deny or refuse Services at its sole discretion under these Terms and Conditions at any time. You are deemed to agree with and comply with these Terms and Conditions set forth below by Pikup.)

TERMS AND CONDITIONS

Definitions and Interpretation

1. In the Terms and Conditions, unless the context otherwise requires:-

Agreement means these Terms and Conditions including any reference of any other terms and conditions and/or policy therein;

Cost Contribution means the amount calculated at the end of each Ride on the basis of pre-disclosed parameters which shall be payable by a Ride Seeker as part of his contribution towards the cost of the ride;

Pikup App means the Pikup mobile application supplied by us and downloaded and installed by You on Your mobile device through which You may use the Site;

Ride Offerer shall mean any User who through the Site or Pikup App, offers to share his/her vehicle including a hired cab or a hired auto with a Ride Seeker for a ride in exchange for the Cost Contribution less Service Fees;

Ride Seeker shall mean any User who has seeked or accepted an offer to be transported by a Ride Offerer in the vehicle including private car, cab or an auto for a Ride in exchange for the Cost Contribution;

Vehicle means the vehicle owned by Ride Offerer or vehicle whose full capacity is rented by Ride Offerer for intra-city ride or inter-city ride, of which vacant space is offered by a Ride offerer for Ride Sharing to a Ride Seeker;

Ride Sharing shall mean the mutually agreed sharing of a ride in the Vehicle of a Ride Offerer by a Ride Seeker for a particular Ride in exchange for a Cost Contribution and Convenience Fees;

Ride means a given journey in relation to which a Ride Offerer and a Ride Seeker have mutually agreed upon the communication enabled through the Site or the Application;

Wallet Money means prepaid payment instrument, provided by prepaid payment system providers who have obtained the authorisation from the Department of Payment and Settlement Systems, Reserve Bank of India under the Payment and Settlement Systems Act, 2007;

Service Fee shall mean such fees that shall be charged by Pikup for the Services provided by it, to be paid by Ride Seeker, at the end of each Ride and which would be some portion of Cost Contribution for that Ride;

Service means service of shared rides in the vehicle of a Ride Offerer by a Ride Seeker provided by Pikup in exchange for a Service fees through the Site;

Privacy Policy means Pikup’s privacy policy which is available on the Site;

User means any person who accesses or uses the Site and agrees to avail the Services provided by Pikup.

2. For the purpose of these Terms and Conditions, wherever the context so requires “You” or “Your” shall mean User and the term “We”, “Us”, “Our” shall mean Pikup.

3. The paragraph headings in the Terms and Conditions, incorporated in bold and capitalize case, are included to help make provisions of Terms and Conditions easier to read and have no binding effect.

Services, Cookies and Pikup’s Role

  1. Services: Pikup is an online web and mobile application which connects Users, who require Services. Pikup facilitates a User to register itself through Registration on the Site and connects it with other User(s) to undertake a Service through the Site.
  2. Cookies: This Site uses cookies. By using this Site and agreeing to these terms and conditions, You consent to Pikup’s use of cookies in accordance with the terms of Pikup’s cookies policy, prescribed under Privacy Policy.
  3. Pikup’s role: User acknowledges and agrees that Pikup’s role is as a neutral facilitator only and it is not a party or directly involved in the transactions between Ride Offerer and Ride Seeker. Pikup will not be involved in or be a party to any agreement, contract or arrangement between the Ride Offerer and Ride Seeker and/or any User regarding the Services provided on the Site.

Registration

  1. User shall be required to provide necessary data, information and proof of documents to register itself on the Site (“Registration”). Upon successful Registration to the satisfaction of Pikup, the User will be able to access the Pikup app and its network through login via Facebook or other similar social/professional platforms. The User agrees that Pikup shall be entitled to assume that any person using the Site with the User’s account (“User Account”) credentials is the User or its authorised representative.
  2. In order to register and open a User Account with Pikup, You must:
  3. Agree to exclusively download and use Pikup App on Your mobile device to access and avail Services as posted on the Site;
  4. Agree to these Terms and Conditions;
  5. Provide a valid corporate email address of the company/institute You work/study at and then successfully verify it;
  6. Provide a valid mobile number and then verify it;
  7. Link your User Account to the Wallet Money account chosen by Pikup as its Partner and;
  8. Provide any other information required by Pikup during the Registration process.
  9. You must update this information to maintain its accuracy during the term of Your Registration for availing the Services on the Site. You are responsible for maintaining the security and confidentiality of Your User Account. Pikup cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that You may post on the Site (“Content”) and activity that occurs under Your User Account (even when Content is posted by others by accessing Your account or who have accounts under Your Account). Any and all personally identifiable information submitted by You shall be subject to Pikup’s Privacy Policy, updated from time to time on the Site.
  10. One User shall not maintain more than one User Account without the prior written consent of Pikup. User Account registered by “bots” or other automated methods are not permitted.
  11. The User specifically agrees and acknowledges that the entire process of Registration including logging into the app using the FB / LinkedIn / Google account or creation of a User Account using and gaining an invite and then gaining access to the actual functional Site may take up to 30 working days to be processed and approved. If the user is not able to get access to the full functionality of the app within this specified time – Site is not responsible in any manner.

 Relationship with other Users

  1. The User acknowledges and agrees that details of performing the Service and the terms and conditions including warranties, indemnities and guarantees of any agreement relating to the Service are to be determined solely between the Ride Seeker and the Ride Offerer and Pikup shall perform no role in this process and accepts no liability in this respect.
  2. The User acknowledges and agree that Pikup: (i) is a neutral facilitator and is not in any manner directly involved in any dealing which Ride Seeker and Ride Offerer may decide to enter into; (ii) does not confirm the identity of any User, their backgrounds or credit-worthiness or their ability, competence or willingness to avail the Service and (iii) shall not be liable in any manner for any direct or indirect loss or damage incurred as the result of any such dealing.
  3. Pikup provides an electronic platform though it’s Application and Site, on which Members can offer Ride Sharing or ask for Ride-Sharing and then enter into a mutual agreement for Ride Sharing of a Ride, after seeing the profile of each other, Vehicle and its Cost Contribution parameters, as provided by Pikup.
  4. Neither Pikup nor its Site or Application provides any transport services. The Services provided by Pikup correspond to providing web and mobile based platform, which enables Ride Sharing among the Members within city limits and outside city limits, including inter-city all over India. Services are available only to those individuals or companies who can form legally binding contracts under the Indian Contract Act, 1872 and all other applicable laws. Therefore, Member must not be a minor as per the laws of India i.e. Member must be at least 18 years of age to be eligible to use Services provided by Pikup. The agreement for Ride Sharing is between a Ride Offerer and a Ride Seeker.
  5. Neither Pikup provides transportation services nor is a transportation carrier. It offers information and a platform to offer and make Ride Sharing possible, but does not intend to provide transportation services or act in any way as a transportation carrier
  6. Pikup does not have any say in any of its member agreeing to or not agreeing to offering ride or sending request for ride or accepting request for ride as part of Ride Sharing. The Members are independent entities and have no contract with Pikup to provide any service to any Ride Offerer or Ride Seeker, who are the registered Members of Pikup. The contract with Pikup pertains only with use of services provided by Pikup. This Agreement does not suggest or imply, any intention or attempt by Pikup, to coerce or force Ride Offerer or Ride Seeker, to offer or request or accept Ride Sharing.

Fees, Charges and Payment

  1. Pikup would prescribe rate card for each type of vehicle which would include unit rate per kilometer. The Cost Contribution, payable by Ride Seeker, would be calculated automatically by the system, taking into account distance travelled. Further Pikup reserves the right to change the criteria of calculating the Cost Contribution from time to time as deemed necessary.
  2. The User agrees that Pikup shall charge Service Fee from the User, through the Site and / or Pikup App. The Service Fees shall be pre-disclosed to the Users and shall vary between 10% – 20% of the Cost Contribution depending on the number of ride seekers matched with a single ride offerer. Further Pikup reserves the right to change this Service Fee from time to time as deemed necessary.
  3. Pikup also offers its Users, the facility of making an online payment through Wallet Money, provided by a third party payment processor (“Payment Processor”). The processing of payments or credits, as applicable, in connection with the use of Wallet Money will be subject to the terms, conditions, and privacy policies of the Payment Processor that Pikup engages for this purpose. Pikup shall not be responsible for any errors by the Payment Processor. In connection with the use of the Services, Pikup will obtain certain transaction details, which it will use solely in accordance with its Privacy Policy.
  4. Pikup would collect payment for the Cost Contribution, from Ride Seeker, on behalf of Ride Offerer. Ride Seeker is required to make such payment, through Wallet Money or any other payment means provided on the Application or Site, to Pikup immediately after completion of the Ride Sharing. Any failure by Ride Seeker to make such payment would automatically disallow him to avail himself of Services provided by Pikup in future.
  5. Ride Offerer, at the end of a ride, shall be reimbursed by Pikup, with an amount equivalent to “Cost Contribution, less Service Fees and applicable Government taxes” through Wallet Money or any other recognised and pre-disclosed payment means.
  6. Pikup would not be responsible for any tax incidence occurring on Ride Offerer on account of receipt of payment in lieu of a ride.
  7. You agree and acknowledge that all payments are non-refundable. There will be no refunds or credits of the Cost Contribution and/or Service Fee received by Pikup from the User in lieu of the Services provided by Pikup.
  8. For any and all User Accounts, Pikup may charge an account re-activation fee should an account need to be re-activated after an account has become de-activated due to non-payment or for other breaches of these Terms and Conditions.
  9. Credit card, Debit card, prepaid cash cards, payment wallets and internet banking payments are processed through third party payment gateways. Similarly, other payment modes also require an authorization by the intermediary which processes payments. Pikup would not be responsible for delays or denials at their end and processing of payments will be solely in terms of their policies and procedures without any responsibility or risk of Pikup. If there are any issues in connection with payments, a complaint may be sent to Pikup. Members agree that in such an event of their credit being delayed or eventually declined for reasons beyond the control of Pikup, it will not be held liable in any manner whatsoever.
  10. Pikup’s compensation for providing its services is only to the extent of Convenience Fees and it would account for any direct and indirect taxes only to the extent of such Convenience Fees.

System Records

The User agrees that Pikup’s records (including records of SMS messages sent by or on its behalf) shall be conclusive evidence of Pikup’s transmission and User’s receipt of notifications.

User’s Warranties

The User warrants to and agrees with Pikup that:

  1. it is at least eighteen (18) years of age or above. By using this Site and by agreeing to Terms and Conditions, it represents and warrant that it is under no legal or other impediment that may prevent it fully carrying out and performing its obligations under these Terms and Conditions;
  2. it will at all times remain qualified to avail the Services as posted on the Site;
  3. it shall exclusively download and use Pikup App on its mobile device to access and avail Service and undertakes that it shall not use the Site or Pikup App to offer or accept ride for hire or reward or for profit or in any commercial or professional context, unless agreed to in prior with an appropriate authorised representative of Pikup;
  4. in case it is acting in capacity of a Ride Offerer, it has a valid driving license and all a comprehensive insurance to cover third party liability and agrees that it shall, on request by the Ride Seeker, provide enough documentary evidence, in advance of the Ride, of the complete validity of its insurance policy;
  5. all information (including but not limited to that set out in the application for Registration including information relating to User’s qualifications and capacity is true and correct in every respect and will be updated by the User if and when it materially changes till the period User’s Registration is active with the Site;
  6. all information provided by the User to Pikup will not infringe intellectual property rights of any third party and will not be false, inaccurate or misleading, abusive, vulgar, hateful, harassing, obscene, threatening, defamatory or violate any applicable law or regulation;
  7. it will not impersonate or misrepresent any sponsorship, endorsement by or affiliation with any person or entity;
  8. it will at all-time comply with Pikup’s Privacy Policy, as prescribed on and updated from time to time on the Site;
  9. it will not engage in misleading or deceptive practices;
  10. it must not cancel or reschedule any preplanned ride without prior notification to and acceptance by Pikup.
  11. Ride Offerers agree and confirm not to obtain any hire or reward or make profit in any form, from any Ride. The Service and the Cost Contribution may only be used to discharge the part of Ride Offerer’s costs towards that Ride and shall not be used to generate any hiring charges or reward or profit in any form by the Ride Offerer. The Ride Offerer hereby agrees that it is not entitled to make any profit by virtue of the amount of the Cost Contribution, the types of Rides offered by a Ride Offerer, the frequency of such Rides or the number of Ride Seekers transported. This applies to all activities, arrangements and Services booked using the Site or Application
  12. The Ride Offerer shall not provide any additional services to a Ride Seeker in exchange for hiring charges or any reward or for profit or otherwise (and the Ride Seeker shall not accept or ask for any such services) including (without limitation) package delivery, waiting time, additional drop offs and pick-ups and collecting additional passengers (other than the Ride Seeker).
  13. Ride Offerer offering Ride Sharing in owned car: Members are informed that using the Services and offering Rides in for hire or reward or in a commercial or professional capacity may invalidate a Ride Offerer’s insurance and invite adverse legal actions by the road transport authorities. Pikup shall not be liable for any loss or damage incurred by a Member as a result of any breach by a Member of these Conditions, including where any Ride Offerer (in breach of these terms) offers Services through the Site or Application in a professional or commercial capacity (thereby potentially invalidating their insurance). Any offering of Rides in violation of the Conditions or otherwise shall be at the sole risk of such Member and Pikup shall have no liability towards Members for such violations.
  14. Ride Offerer offering Ride Sharing in hired car: Ride Offerer shall offer Ride Sharing in a hired car only when a Ride Offerer has hired a vehicle in its full capacity and is allowed to go alone or with co-passengers in that hired car for their Ride. Nevertheless, Members are reminded that the owner or any representative of the owner of such hired car may charge extra money to allow Ride Offerer to offer Ride Sharing to Ride Seeker. In such circumstances, it shall be the sole liability of the Ride Offerer to bear such extra charge with no recourse to Pikup or to Ride Seekers. It is expressly stated that neither the Ride Seeker nor Pikup would be held liable for such extra charge to be paid by the Ride Offerer. In case the owner or a representative of the owner of hired car refuse to allow Ride Offerer offer Ride Sharing to Ride Seeker, the Ride Offerer would immediately cancel the offered Ride Sharing through the Site or Application. Pikup would not be held responsible for any loss or consequential loss borne by the Ride Offerer or Ride Seeker or the owner or representative of owner of hired car due to such cancellation.
  15. It is hereby presumed by Pikup that governmental authorities take the view that a Ride Seeker who contributes only towards travel expenses is treated as travelling without hire or reward to the driver, and is therefore a third party passenger who is covered by comprehensive third party insurance policy in India. However Pikup gives no warranty or assurance in this regard.
  16. The Ride Offerer and the Ride Seeker are aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Ride Offerer had made or was seeking to make a profit while offering Ride Sharing in the car owned by Ride Offerer.
  17. If the insurers repudiate or refuse to accept any claim arising during a Ride for any reason whatsoever, the Ride Offerer shall be responsible for the financial consequences, losses and damages arising out of it and under no circumstances Pikup shall be liable to the Ride Offerer or the Ride Seeker.
  18. Pikup would not be responsible for any tax incidence occurring on Ride Offerer on account of receipt of payment in lieu of Ride Sharing. It is our understanding that the Ride Offerer may not have to pay service tax on the payment received from Ride Seeker (collected from Ride Seeker by Pikup and reimbursed to Ride Offerer by Pikup), if the total amount received from Ride Sharing and other services provided by Ride Offerer under individual capacity is less than Rs. 2 lakhs per annum. However, the Ride Offerer is advised to consult tax advisors/consultants/chartered accountants to get full clarity on any incidence of direct or indirect taxation on account of Ride Sharing.

License to use Site

  1. Pikup and/or its licensors own any and all intellectual property rights in the Site including any and all materials, information and contents on the Site. Subject to the license below, all these intellectual property rights are reserved and exclusive property of Pikup and/or its licensor.
  2. Subject to Your compliance with these Terms and Conditions, we grant You a limited non-exclusive, non-transferable license to download and install one copy of the Pikup App on Your mobile device and to run such copy of the Pikup App solely for Your own personal use.
  3. You may view and download required information or contents from the Site; and You may print pages or other content from the Site in order to perform Your obligation under these Terms and Conditions, subject to the restrictions set out herein below in sub-clause 4 and elsewhere in these Terms and Conditions:
  1. You must not:
    • republish material from this Site (including republication on another website);
    • sell, rent or sub-license material from the Site;
    • show any material from the Site in public;
    • reproduce, duplicate, copy or otherwise exploit material on this Site for a commercial purpose;
    • edit or otherwise modify any material on the Site; or
    • redistribute material from this Site except for content specifically and expressly made available for redistribution.

Acceptable Use of the Site

  1. You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  2. You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spy ware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software.
  3. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Site without Pikup’s express written consent.
  4. You must not use this Site to transmit or send unsolicited commercial communications.
  5. You must not use this Site for any purposes related to marketing without Pikup’s express written consent.

Restricted Access to the Site

  1. Access to certain section of this Site is restricted. Pikup reserves the right to restrict access to any section of this Site, or indeed this entire Site, at any time as per Pikup’s sole discretion.
  2. If Pikup provides You with a User Account to enable You to access restricted areas of this Site or other content or services, You must ensure that the User Account details are kept confidential and used only for the specified purpose. You will be solely liable in case of any unwarranted/unauthorised use of access given by Pikup to restricted areas of the Site.
  3. Pikup shall have the right to disable Your User Account at any time as per Pikup’s sole discretion without prior notice or explanation.

User Content

  1. In reference to these Terms and Conditions, “Your User Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that You submit to this Site, for whatsoever purpose.
  2. You grant to Pikup a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate and distribute Your User Content in any existing or future media. You also grant to Pikup the right to sub-license these rights, and the right to bring an action for infringement of these rights.
  3. Your User Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against You or Pikup or a third party (in each case under any applicable law).
  4. You must not submit any of Your User Content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint or action.
  5. Pikup reserves the right to edit or remove any material submitted to the Site, or stored on Pikup’s servers, or hosted or published upon this Site.
  6. Notwithstanding Pikup’s rights under these terms and conditions in relation to Your User Content, Pikup does not undertake to monitor the submission of such content to, or the publication of such content on, this Site.

No Warranties

  1. You acknowledge and agree that:
    1. The Site and Services is provided on “as is” basis and without any representations or warranties, express or implied. Pikup makes no representations or warranties in relation to this Site, Services and/or the information and materials provided on this Site.
    2. Without prejudice to the generality of the foregoing paragraph, Pikup does not warrant that:
      • the Site will be constantly available, or available at all; or
      • the information on the Site is complete, true, accurate or free of viruses or other harmful bug or components.
  1. Nothing on this Site constitutes, or is meant to constitute, advice of any kind. If You require advice in relation to any legal, financial or medical matter You should consult an appropriate professional.
  2. You acknowledge and agree that Your use of this Site is as ‘made available’ basis only and may not be available during planned and unplanned outages. Pikup makes no representation and gives no warranty that the alternate login services provided via the Site will meet Your requirements, be uninterrupted, timely or error-free.

Limitations of Liability

  1. Notwithstanding anything to the contrary under Terms and Conditions, Pikup will not be liable (whether under the law of contact, the law of torts or otherwise including, without limitation, negligence, breach of any Statute or any other legal or equitable obligation) for any claim connected with or arising out of use of the Site, provision of the Services or any transaction contemplated under the ambit of Terms and Conditions in connection with, the Site:
    1. to the extent that the Site is provided free-of-charge, for any direct loss;
    2. any indirect, special or consequential loss; or
    3. any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
  1. These limitations of liability shall apply even if Pikup has been expressly advised of the potential loss.
  1. Pikup shall not be liable for any loss or damage arising as a result of:
    1. A false, misleading, inaccurate or incomplete information being provided by a User;
    2. The cancellation of a Ride by a Ride Offerer or Ride Seeker;
    3. Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Ride Offerer or Ride Seeker before, during or after a Ride.
  1. Subject to Clause 1 and 2 herein above, in no event Pikup’s aggregate liability, irrespective of the nature of the claim, shall exceed the amount of the Service Fee paid to Pikup by the User during the last thirty (30) days prior to such claim.
  2. Reasonableness
    • By using this Site, You agree that the exclusions and limitations of liability set out in this Site disclaimer are reasonable;
    • If You do not think they are reasonable, You must not use this Site;
    • You accept that, as a limited liability entity, Pikup has an interest in limiting the personal liability of its officers and employees. You agree that You will not bring any claim personally against Pikup’s officers or employees in respect of any losses You suffer arising in connection with the usage of this Site

Unenforceable Provisions

If any provision of this Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Site disclaimer.

Indemnity

You hereby agree to indemnify and hold harmless Pikup and its subsidiaries, affiliates, officers, directors, shareholders, employees and agents and undertake to keep Pikup and its subsidiaries, affiliates, officers, directors, shareholders, employees and agents indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Pikup to a third party in settlement of a claim or dispute on the advice of Pikup’s legal advisers) incurred or suffered by Pikup arising out of any breach by You of any provision of these terms and conditions, or arising out of any claim that You have breached any provision of these terms and conditions.

Member Discipline

By using the Site and / or the Application, Members agree to comply with the “Member Discipline” set out below. This is binding on all the Members and Members may enforce terms of this against each other directly during the Ride.

  1. Safety
    1. Every Ride Offerer, if driving the Vehicle, undertakes not to take any risks and not to consume any alcohol, drugs (whether recreational or prescription) which may impair or alter Ride Offerer’s ability to drive safely and with due care and attention. Further, the Ride Seeker agrees not to hinder the Ride Offerer’s driving in any way.
    2. Members are required to be careful even when providing information through the Site and / or Application or directly to Members. Pikup does not take steps to verify the identity of any Member.
    3. Member should report any abuse or harassment to Pikup immediately by contacting us on details given on “Contact Us” page.
  1. Transparency
    1. All Members agree to provide any other Member with such information and documents as the other Member may reasonably request in the event that Members are participating in a Ride Sharing. The identities of the Ride Seeker and the Ride Offerer must correspond to those communicated through or to Pikup’s Site and / or Application.
    2. A Ride Seeker or Ride Offerer may refuse to participate in Ride Sharing if the identity of the other Member does not correspond to that provided through or to Pikup’s Site and/or Application.
  1. Punctuality
    1. All Members agree to comply with and adhere to the times and places fixed for pickup points. The Ride Offerer and Ride Seeker must present themselves at the place and time agreed for the pickup.
  1. Rules and Legislation
    1. The Ride Offerer, while driving the car, agrees that they and the vehicle will at all times comply in full with any other applicable rules and legislation relating to their driving and the vehicle including speed limits, number of people on-board the Vehicle, loading restrictions etc.
    2. All Members agree not to carry or transport any substance, material or object which is illegal, dangerous, offensive or anti-social during a Journey.
  1. Cleanliness
    1. Every Member undertakes that they will be clean and tidy at departure and during the Ride so as not to offend or make other member inconvenient.
  1. Information published on the Site and Application – No user of the Site and / or Application shall publish on the Site and / or Application any defamatory or offensive information or information that may be damaging to third parties. Pikup shall remove any information that is contrary to this policy as soon as it becomes aware thereof (but Pikup does not actively monitor the site and / or Application for such information). Ride Offerers and Ride Seekers accept in advance that ratings about them may be published on the Site and / or the Application.

Breach of These Terms and Conditions

Without prejudice to User having other rights under these Terms and Conditions, if You breach any Terms and Conditions in any way, Pikup may take such action as Pikup deems appropriate to deal with the breach, including suspending Your access to the Site, prohibiting You from accessing the Site, blocking computers using Your IP address from accessing the Site, contacting Your internet service provider to request that they block Your access to the Site and/or bringing court proceedings against You

Variation

Pikup may revise these Terms and Conditions from time-to-time. Revised terms and conditions will be effective and applicable to the use of this Site from the date of the publication of the revised terms and conditions on this Site. Please check this page of the Site regularly to ensure You are familiar with the latest version.

Assignment

Pikup may transfer, assign, license, sub-contract or otherwise deal with Pikup’s rights and/or obligations under the Terms and Conditions without notifying You or obtaining Your consent.

You will not transfer, assign, license, sub-contract or otherwise deal with Your rights and/or obligations under the Terms and Conditions.

Severability

If a provision of the Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

The Terms and Conditions constitute the entire agreement between You and Pikup in relation to Your use of this Site, and supersede all previous agreements in respect of Your use of this Site.

Law and Jurisdiction

The Terms and Conditions will be governed by and construed in accordance with the governing laws of India and all the disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Delhi.

Dispute Resolution

Pikup may at its sole discretion provide its Users with an online service for resolving disputes. This service is non-binding. Pikup is under no obligation to seek to resolve disputes and this service is offered at Pikup’s sole discretion and may be withdrawn at any time.

Pikup’s Details

  1. The holding entity of Site, www.pikup.co.in, is Trail Mark Technologies Private Limited, registered in accordance with the Companies Act, 2013 and having its registered office at 3rd Floor, 556, Guru Ram Das Nagar, Laxmi Nagar, New Delhi – 110092.
  2. You can contact Pikup by email at support@pikup.co.in.