Srandd Terms & Conditions for End Users
The Strandd mobile application (“Strandd”) has been developed and is being managed and hosted by Roadzen Technologies Pvt. Ltd. (“Roadzen”)
The terms and conditions stated herein (collectively, this “Agreement” or “Terms of Service”) constitute a legal agreement between you (“You,” “Your,” or “Yourself”) and Roadzen. By using any applications, information, services, websites or other products provided to you by Roadzen (collectively, the “Platform”), and downloading, installing or using any associated software or applications provided by Roadzen, including Strandd, with the purpose of enabling you to use the Platform (collectively, the “Software”), you hereby expressly acknowledge and agree to be bound by the terms and conditions set forth in this Agreement, and any future amendments to this Agreement as documented on the Roadzen website and Platform. Roadzen reserves the right to modify the terms and conditions of this Agreement or its’ policies relating to the Platform or Software at any time, effective upon posting of an updated version of this Agreement on the Platform or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Platform or Software after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at firstname.lastname@example.org.
Roadzen does not provide roadside assistance, towing services or other services (collectively, the “Third Party Services”). Roadzen is a directory service helping users find third parties to provide such Third Party Services (the “Third Party Service Providers”). It is up to the Third Party Service Provider to offer their Third Party Services, which may be scheduled through use of Roadzen software or platform. Roadzen offers information and a method to obtain such Third Party Services from Third Party Service Providers, but does not, and does not intend to, provide Third Party Services or act in any way as a Third Party Service Provider, and has no responsibility or liability for any Third Party Services provided to (or failed to be provided) nor for the actions or inactions of any Third Party Service Providers. Any individuals who provide any Third Party Services are not employees nor contractors of Roadzen but rather of Third Party Service Providers, and Roadzen is not responsible for their actions or inactions.
The Platform is a communications platform for enabling the connection between individuals seeking to obtain Third Party Services and/or individuals or companies seeking to provide Third Party Services. Roadzen does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such Third Party Service Providers. When interacting with Third Party Service Providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. By using the Platform, you agree to hold Roadzen free from the responsibility for any liability or damage that might arise out of the transactions involved. Neither Roadzen nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the Platform or Third Party Services nor any Third Party Service Providers. Roadzen and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Platform or the Third Party Services.
Representations and Warranties
The Platform and Software is presently available for use within India. By using the Software or Platform, you expressly represent and warrant that you are legally entitled to enter this Agreement. The Platform and Software is not available to minors (persons under the age of 18) or others who are not capable of entering into binding contracts. By using the Software or Platform, you represent and warrant that you are at least 18 years old, and/or are otherwise capable of entering into binding contracts. By using the Software or the Platform, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Platform and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Platform you agree to comply with all applicable laws of the state and city in which you are present while using the Software or Platform. You may only access the Platform using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. Roadzen is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. By using the Software or the Platform, you agree that:
• You will only use the Platform or Software for lawful purposes; you will not use the Platform for sending or storing any unlawful material or for fraudulent purposes.
• You will not use the Platform or Software to cause nuisance, annoyance or inconvenience.
• You will not impair the proper operation of the network.
• You will not try to harm the Platform or Software in any way whatsoever.
• You will not copy, or distribute the Software or other content without written permission from Roadzen.
• You will only use the Software and Platform for your own use and will not resell it to a third party.
• You will keep secure and confidential your account password or any identification provided to you which allows access to the Platform.
• You will provide us with whatever proof of identity Roadzen may reasonably request.
• You will provide us with whatever proof of identity Roadzen may reasonably request.
• You will provide us with whatever proof of identity Roadzen may reasonably request.
• You will only use an access point or data account which you are authorized to use.
• You will not portray Roadzen or its affiliates in a negative manner or otherwise portray its Platforms in a false, misleading, derogatory or offensive manner.
• You will not post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Platforms for commercial purposes (other than as expressly permitted by the Platform and by the provider of such information, software or other material).
• You will not upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Platforms which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder, or which otherwise violates or infringes the rights of others, including without limitation, patent, trademark, copyright or other proprietary rights.
License Grant & Restrictions
Roadzen hereby grants you a non-exclusive, non-transferable, right to use the Software and Platform, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Roadzen and its licensors. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or the Software in any way; (ii) modify or make derivative works based upon the Platform or the Software; (iii) create Internet “links” to the Platform or “frame” or “mirror” any Software on any other server or wireless or Internet-based device; (iv) reverse engineer the Software; (v) access the Software or Platforms in order to (a) build a competitive product or Platform, (b) build a product using similar ideas, features, functions or graphics of the Platform or Software, or (c) copy any ideas, features, functions or graphics of the Platform or Software, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform or Software. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software or Platform or the data contained therein; or (v) attempt to gain unauthorized access to the Software or Platform or its related systems or networks.
Fees and Payment Terms
Any fees which Roadzen may charge you for the Software, Platform or Third Party Services are due immediately upon completion of your applicable use of the Software, Platform or the Third Party Service transaction and are non-refundable. Once a Third Party Service provider has been contacted on your behalf within the Platform, you are entering into a binding agreement whereby any payments that are to be paid to the Third Party Service provider by you will be held in escrow by Roadzen until resolution of the agreed upon service between yourself and the Third Party Service Provider occurs. If a cancellation of the agreed upon service is requested, the destination of the funds held in escrow, as part of such a request, is determined solely by Roadzen. This policy shall apply at all times regardless of your decision to terminate your usage, Roadzen’s decision to terminate your usage, disruption caused to our Software or Platform either planned, accidental or intentional, or any reason whatsoever. Roadzen reserves the right to determine final prevailing pricing.
All fees charged as part of your use of the Platform are fees incurred specifically as payment for the service agreed upon during use of the Platform. For example, payment of fees incurred for ‘Tyre Service’ within the Roadzen Platform dictates that only the designated ‘Tyre Service’, as provided by a Third Party Service Provider engaged via use of the Platform, has been paid for. Roadzen is not responsible for the payment of any additional fees or charges as incurred by your engagement with a Third Party Service Provider. This is inclusive of any additional services purchased by yourself from the Third Party Provider, or any costs incurred by the Third Party Service Provider as a necessity to perform the service agreed upon during use of the Platform. Examples of such additional charges, as incurred to you by your engagement with a Third Party Service Provider, which are part of this agreement, include but are not limited to the following; the cost of purchasing a vehicle battery, the cost of emergency fuel that has been delivered, the cost of entering a private carpark to access your vehicles’ location and the cost of any additional towing services when it is required.
Roadzen, at its sole discretion, can make promotional offers with different features and rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Roadzen may change the fees for our Platform as we deem necessary for Roadzen. We encourage you to check the Roadzen website frequently if you are interested about how we charge for the Platform. We may not be responsible for determining fees charged by Third Party Service providers, so you should be sure to review all pricing and other terms of any agreement or transaction you conduct with them.
By providing any Public Posting or Submission, you (i) grant to Roadzen a royalty-free, non-exclusive, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works (including products) from, distribute, and display such content throughout the world in all media and you license to us all patent, trademark, copyright or other proprietary rights in and to such content for publication on the Platform pursuant to this Agreement; (ii) agree that Roadzen shall be free to use any ideas, concepts or techniques embodied therein for any purpose whatsoever, including, but not limited to, developing and marketing products or Platforms incorporating such ideas, concepts, or techniques, without attribution, without any liability or obligation to you; (iii) grant to Roadzen the right to use the name that you submit in connection with such content.
In addition, you hereby waive all moral rights you may have in any Public Posting or Submissions. You shall be solely responsible for your own content and any Pubic Postings and Submissions. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you post or submit. You further agree that content you submit via Public Postings or Submissions will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. You further agree that you will not submit to the Platform any content or other material that is contrary to applicable local, national, and international laws and regulations. Roadzen does not endorse any content submitted to the Platform by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Roadzen expressly disclaims any and all liability in connection with content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and we will remove all content if properly notified that such content infringes on another’s intellectual property rights. We reserve the right to remove content without prior notice. Roadzen reserves the right to decide whether your content violates this Agreement for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Roadzen may at any time, without prior notice and in our sole discretion, remove such content and/or terminate a user’s account for submitting such material in violation of this Agreement.
Intellectual Property Ownership
Roadzen alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Platform. To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information regarding the Platform or Software, you hereby assign to Roadzen all right, title and interest thereto. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Platform, or any intellectual property rights owned by Roadzen. Roadzen name, Roadzen logo, and the product names associated with the Software and Platform are trademarks of Roadzen including Strandd, and no right or license is granted to use them.
Third Party Interactions
During use of the Software and Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of Third Party Service providers, advertisers or sponsors showing their goods and/or services through the Software or Platform. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Roadzen and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Roadzen does not endorse any sites on the Internet that are linked through the Platform or Software, and in no event shall Roadzen or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers.
Roadzen provides the Software and Platform to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Roadzen disclaims any and all responsibility or liability arising from such agreements between you and the third party providers. Roadzen may rely on third party advertising and marketing supplied through the Software or Platform and other mechanisms to subsidize the Software or Platform. By agreeing to these terms and conditions you agree to receive such advertising and marketing. Roadzen may compile and release information regarding you and your use of the Software or Platform on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Platform.
You will be responsible for your own connectivity to the Platform, including without limitation via mobile connection, internet access, and other communications and connectivity, at your own cost and expense. Depending on your method of access, additional messaging or data rates may apply from your carrier. If you are using Software such as the Strandd mobile app, additional terms and conditions may apply in accordance with the terms and conditions of the applicable app store from which you downloaded the Software.
By entering into this Agreement and using the Software or Platform, you agree to defend, indemnify and hold Roadzen, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, 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 this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of Third Party Platforms arranged via the Platform or Software, or (c) your use or misuse of the Software or Platform or any Third Party Platform.
Roadzen reserves the right to (i) modify or discontinue, temporarily or permanently, the Platform (or any part thereof) and (ii) refuse any and all current and future use of the Platform, suspend or terminate your account (any part thereof) or use of the Platform, for any reason, including if Roadzen believes that you have violated this Agreement. Roadzen shall not be liable to you or any third party for any modification, suspension or discontinuation of the Platform.
Disclaimer of Warranties
ROADZEN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM OR SOFTWARE (OR ANY THIRD PARTY SERVICES). ROADZEN DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE PLATFORM OR SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE PLATFORM OR SOFTWARE (OR ANY THIRD PARTY PLATFORMS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, PLATFORMS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM (INCLUDING ANY THIRD PARTY PLATFORMS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE PLATFORM OR SOFTWARE WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE PLATFORM AND SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ROADZEN. ROADZEN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY THIRD PARTY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SOFTWARE AND PLATFORM, AND ANY THIRD PARTY PLATFORMS, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Roadzen’s Platform and Software may be subject to limitations, delays, and other problems inherent in the use of the internet, telecommunications networks and electronic communications. Roadzen is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Limitation of Liability
IN NO EVENT SHALL ROADZEN’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL ROADZEN AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). ROADZEN AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PLATFORM OR SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE PLATFORM OR SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PLATFORM PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE PLATFORM OR SOFTWARE, EVEN IF ROADZEN AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ROADZEN MAY INTRODUCE YOU TO THIRD PARTY SERVICE PROVIDERS FOR THE PURPOSES OF PROVIDING THIRD PARTY SERVICES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PLATFORM PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE ROADZEN FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. ROADZEN WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS BETWEEN YOU AND SUCH THIRD PARTY SERVICE PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING THIRD PARTY SERVICES OFFERED VIA THE SOFTWARE OR PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE ROADZEN FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR PLATFORM, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SOFTWARE OR PLATFORM.
THE QUALITY OF THE THIRD PARTY SERVICES SCHEDULED THROUGH THE USE OF THE PLATFORM OR SOFTWARE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY SERVICE PROVIDER WHO ULTIMATELY PROVIDES SUCH THIRD PARTY SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SOFTWARE AND THE PLATFORM, YOU MAY BE EXPOSED TO THIRD PARTY SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SOFTWARE AND THE PLATFORM, AND SUCH THIRD PARTY SERVICES, AT YOUR OWN RISK.
NOTHING ON THIS WEBSITE 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. BY USING THE PLATFORM OR SOFTWARE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THE PLATFORM OR SOFTWARE.
Roadzen may give notice to you by means of a general notice on a portion of the Platform (which may include posting on Roadzen website), electronic mail to your email address on record in Roadzen’s account information, or by written communication sent by speed post, registered post or courier to your address on record in Roadzen’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing (if sent by speed post, registered post or courier) or 12 hours after sending (if sent by email) or posting. You may give notice to Roadzen only in writing (such notice shall be deemed given only when actually received by Roadzen).
You accept that, as a corporation, Roadzen has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Roadzen’s officers or employees in respect of any losses you suffer in connection with use of the Platform or Software. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this Agreement will protect Roadzen’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Roadzen.
Breaches of these terms and conditions
Without prejudice to Roadzen’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Roadzen may take such action as Roadzen deems appropriate to deal with the breach, including suspending your access to the Platform or Software, prohibiting you from accessing the Platform or Software, blocking computers using your IP address from accessing the Platform or Software, contacting your internet Platform provider to request that they block your access to the Platform or Software and/or bringing court proceedings against you.
This Agreement is governed by, and will be construed under the laws of India, and courts in Delhi shall have exclusive jurisdiction. You agree that Roadzen retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, patents, trade secrets or other intellectual property rights.
No joint venture, partnership, employment, or agency relationship exists between you, Roadzen or any third party provider as a result of this Agreement or use of the Platform or Software. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Roadzen to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Roadzen in writing. This Agreement comprises the entire agreement between you and Roadzen and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Roadzen regarding the subject matter contained herein.