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Terms & Conditions

GENERAL
  • This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended 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.
  • This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.spikeway.com
  • The domain name www.spikeway.com ("Website") and the Android/IOS and other platform like Windows Mobile, Application ("Application", "App" "Spikeway Auto") are owned and operated by Spikeway Technologies Private Limited ("Company") incorporated under the provisions of the Companies Act 2013, and having its registered office at #313, Panache Block, AdithyaSoigne Apartments, Sivananda Nagar, Near BEML Qtrs., New Thippasandra Post, Bangalore Karnataka India-560075, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
  • For the purpose of these Terms of Use ("Terms"), wherever the context so requires,
    1. The term 'You' & 'User''Customer' shall mean any legal person or entity accessing or using the services provided on this Website/Application, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
    2. The terms 'We', 'Us' & 'Our' shall mean the Website/Application and/or the Company, as the context so requires.
    3. The term 'Driver' shall mean the persons who drive the Auto Rickshaws and using the Website/Application.
    4. The term 'Services' shall mean the Auto-rickshaw services facilitated by the Company.
    5. The terms 'Party' & 'Parties' shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
  • The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
  • The use of the Website/Application by the User is solely governed by these Terms as well as the Privacy Policy ("Policy", available at http://www.Auto.spikeway.com/privacypolicy) and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Visiting the home page of the Website/Application and/or using any of the services provided on the Website/Application shall be deemed to signify the User's unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other, save as provided in Section 3 hereunder.
  • The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website/Application, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User's act of visiting any part of the Website/Application constitutes the User's full and final acceptance of these Terms and the aforementioned Policy.
  • The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website/Application following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website/Application.
ONLINE WEBSITE AND MOBILE APPLICATION PLATFORM

The SpikewayAutoplatform provides a convenient, reliable and secure experience for AUTO travellers in India. It is an open platform for both Users and Drivers to interact online reducing the hassle of negotiations on the road. Unique features like 'SMART PROTECTION' works irrespective of whether the Mobile/App is on/off and protects Users as well as Drivers. Users can reach Emergency Helplines like Police station, Women Rights and Social Welfare while travelling in just a click. While travelling on the Auto rickshaw, the User can search for the nearest ATMs, Restaurants, Hospitals; Railway stations Shopping Malls etc. from the Application. The Website/Application also provides an estimated Day and Night Auto Fare Calculator, Travel Distance Calculator, Travel-Time Calculator.


Smart Protection:

You can use the Smart Protection Safety feature if you sense some danger around. The Users can use this feature while travelling irrespective of whether the User's App is On or off. This can be used irrespective of whether the Mobile is on or off. If the feature is used when the App is on, by pressing the volume buttons or by shaking the Mobile, will send alert message that the USER is in danger with last location traced to the provided emergency Contacts.

MODE OF OPERATION

The Services provided by the Website/Application is a technology based service which enables the hiring of Autos by commuters / passengers for a point to point service, or for time and usage based service within city limits and outside city limits, including inter-city in India, through the internet and / or mobile. The Website/Application can be used by both, Users and Auto rickshaw Drivers. For Users:

  • The User will have to enter his/her Pickup and Drop off locations and Book an Auto rickshaw. A SMS will be send with the Driver's details to the User once Driver confirms the Request. If No drivers accept the request and if Autos available nearby, We will send You the details of those Autos by SMS and then by calling the Auto Drivers You can book Your ride.
  • Our app will locate the nearest Auto rickshaw available for You, and the Auto driver will be notified of Your Pickup and Drop off location. It may take approximately 5 minutes time for confirmation of Your travel.
  • Auto driver may call You to confirm Your exact pickup point and will pick you up right from that exact location.
  • The App will show the Driver's Photo, Auto Registration Number and the approximate Distance, the Driver is away from the Users Pick-up location.
  • At the end of the ride, the User has to pay cash to the Drivers as per the reading on the meter.
  • The User may also choose an option to pay online once we start cashless service for the Travel.
For Drivers:
  • Spikeway Autoprovides Auto rickshaw Drivers an option to ONLINE/OFFLINE their Status. Spikeway Autoalso providesAuto Drivers the option to cancel the Ride by giving valid reason for cancellation.
  • It provides quick graphical passenger visibility to the DRIVERS from their current location, which helps the Drivers to reach USERS ASAP.
  • The Driver Protection feature can be used by long pressing the volume button will send alert SMS to the provided emergency contact number.
  • The Spikeway Auto rickshaw drivers have to online on the Application for a minimum of 8h in a day.
  • The Spikeway Auto rickshaw drivers must accept any Ride request received by them unless they have a valid reason not to accept.
ELIGIBILITY

The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website/Application if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.

REGISTRATION

To The Spikeway Auto app can be downloaded from the Google Play Store or Apple App Store at no cost. After the Download You will have to register Yourself on the Spikeway Auto Platform either as an User or Driver. To fully avail the services of the Website/Application and use of it, registration is required. You are required to register Yourself by providing the following information which inter alia includes Email Address, Phone Number, Address User's Picture, Medical information like insurance, Blood Group, Medical condition, Address, Emergency Contact number. Auto drivers can register with Us on Our Website/Application as Drivers. Drivers who register on the Website/Application must additionally furnish information including but not limited to Driver License, Driver Photographs, Copy of Registration of the Vehicle. Drivers must display a copy of their licenses in the Auto such that it is in a prominent position in the Auto where it can be clearly seen by the passengers.



Registration for this Website/Application is available only to those above the age of 18 years, barring those "Incompetent to Contract" which inter alia include insolvents. If You are a minor and wish to use the Website/Application, You may do so through Your legal guardian and Spikeway Technologies Private Limited reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website/Application or availing any of its services. Further, at any time during Your use of this Website/Application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.

TERM

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:

  • The User continues to access and use the Website/Application; or
  • The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;

Whichever is longer. The Parties agree that certain portions of these Terms ("Sections"), such as Sections 17, 18, 19 & 21 and 21, shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.

TERMINATION

The Company reserves the right, in its sole discretion, to unilaterally terminate the User's access to the services offered on the Website/Application, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 5 hereinabove. The Company shall be entitled at any time without giving any reason to terminate the booking of Autos done by the User.

Most content and some of the features on the Website/Application are made available to visitors free of charge. However, the Company reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. The Company also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of Spikeway Auto and/or other visitors to the Website/Application.

COMMUNICATION

By using this Website/Application, and providing his/her contact information to the Company through the Website/Application, the User hereby agrees and consents to receiving calls, Autodialed and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls/email messages/text messages, the User may send an e-mail to the effect to [support@spikeway.com] with the subject [Stop Promotions]. The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User.

The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Company or any of its affiliates / partners relating to any service availed of by the User on the Website/Application or anything pursuant thereto.

It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.

CHARGES AND PAYMENT

The browsing of the Website and the download of the Application by the User is free of cost. The User is only required to pay the Auto-rickshaw fares, as displayed in the meter, waiting charges, parking charges, additional night surcharge and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Auto-rickshaw services, without any demur or protest. The toll charges, if any, will also be payable by the User as applicable, only when the User is traveling in Auto-rickshaw & crosses the toll post, without any demur or protest. The final payable amount for every ride may include Rs.10 as a convenience charge on top of the metered amount. Autos Drivers also charge an extra night charge mandated by the government.

The payments to the Drivers, for the journey, must be made by in Cash onlyuntil the online payment facility is enabled by the Company.The Payments for any of the services provided by Spikeway Auto must be made in Indian Rupees only (INR). The Company reserves the right to amend this no-fee policy for browsing of the Website and the download of the Application and charge the User for any or all services offered/rendered. In such an event, the User will be intimated of the same when he/she attempts to access the Website/Application, and the User shall have the option of declining to avail of the services offered on the Website/Application. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.

CANCELLATION POLICY

The User must inform Us immediately if he/she wishes to cancel the trip through a phone call or Cancel the Ride from Booking platform. If the Auto has reached your pickup location, then You need to pay the minimum conveyance/cancellation fee to the Driver. The conveyance fee may vary in accordance with the time/distance travelled to reach You.

SECURITY

Transactions on the Website/Application are secure and protected. Any information entered by the User when transacting on the Website/Application is encrypted to protect the User against unintentional disclosure to third parties. The User's credit and debit card information is not received, stored by or retained by the Company/Website/Application in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

USER OBLIGATIONS

The User agrees and acknowledges that he/she is a restricted user of this Website/Application, and that he/she:

  • Agreespay the Auto fare (as displayed in the meter), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Auto Services.
  • Agrees and accepts that the use of the Services provided by the Company is at the sole risk of the User, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied.
  • Agrees and understands that all the calls made to the Company's call center are recorded by the Company for quality and training purposes.
  • Agrees and understands that all vehicles registered with the Company are continuously tracked using GPS for security reasons only. It is expressly made clear to You hereby that the Company does not own anyAuto's nor does it directly or indirectly employ any Drivers for the Auto's.Third parties supply all autos and Auto drivers and the Company disclaims any and all liability in respect of the drivers and the Auto's alike.
  • Is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/Application. Any such use / limited use of the Website/Application will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website/Application is expressly prohibited.
  • agrees not to access (or attempt to access) the Website/Application and/or the materials or services by any means other than through the interface provided by the Website/Application. The use of deep-link, robot, spider or other Automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/Application or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/Application, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/Application will lead to suspension or termination of the User's access to the Website/Application, as detailed in Section 11 herein below. The User acknowledges and agrees that by accessing or using the Website/Application or any of the services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website/Application. The User expressly agrees and acknowledges that the services displayed on the Website/Application are not owned by the Company/Website/Application, and that the same are the exclusive property of certain third parties who have chosen to market their products through the Company's Website/Application, and that the Company/Website/Application is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Website/Application, at its sole discretion.
  • In places where the Website/Application permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website/Application immediately and without notice, and further that the User's access to the Website/Application may also be permanently revoked, at the sole discretion of the Company.
  • Further undertakes not to:
    1. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
    2. Engage in any activity that interferes with or disrupts access to the Website/Application or the services provided therein (or the servers and networks which are connected to the Website/Application);
    3. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
    4. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    5. Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
    6. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/Application;
    7. Download any file posted/uploaded by another user of the Website/Application that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
    8. Probe, scan or test the vulnerability of the Website/Application or any network connected to the Website/Application, nor breach the security or authentication measures on the Website/Application or any network connected to the Website/Application. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website/Application, or any other user of the Website/Application, including any user account maintained on the Website/Application not operated/managed by the User, or exploit the Website/Application or information made available or offered by or through the Website/Application, in any manner;
    9. Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Application, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites/Application or any affiliated or linked websites;
    10. Collect or store data about other users of the Website/Application.
    11. Use the Website/Application or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/Application or any other third party(ies);
    12. Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website/Application;
    13. Violate any applicable laws, rules or regulations currently in force within or outside India;
    14. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website/Application contained herein or elsewhere, whether made by amendment, modification, or otherwise;
    15. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
    16. Publish, post, or disseminate information that is false, inaccurate or misleading;
    17. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
    18. Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website;
    19. Engage in advertising to, or solicitation of, other users of the Website/Application to buy or sell any products or services not currently displayed on the Website/Application. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website/Application. It shall be a violation of these Terms to use any information obtained from the Website/Application in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website/Application without the express prior written consent of the Company.

The User hereby expressly authorizes the Company/Website/Application to disclose any and all information relating to the User in the possession of the Company/Website/Application to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Website/Application might be directed to disclose any information (including the identity of persons providing information or materials on the Website/Application) as necessary to satisfy any judicial order, law, regulation or valid governmental request.

The Usershall ensure that he/she will not indulge in any of the following activities while in an Auto:

  • Littering the Auto
  • Smoking or consuming any kind of intoxicants inside the Auto. The driver has the right to refuse the pick-up or ask the User to alight the Auto if the User is found to be in an intoxicated state or is found misbehaving with other passengers or the driver, or is causing a nuisance.
  • Misusing, soiling or damaging any of the devices (technical/non-technical) in the Auto.
  • Soiling or damaging the seats and/or any other interiors of the Auto.
  • Asking the driver to break any Traffic/RTO/City Police and/or government rules for any purpose (especially reaching the destination earlier). The driver has the right to refuse such a request by the User. The driver also has the right to refuse such a pick-up or ask such User(s) to alight from the Auto.
  • Asking the driver to board more than 4 persons, with a maximum of 3 adults in the Auto. The rules under Auto Services are provided by the Company, stipulate that a maximum of 4 persons, with a maximum of 3 adultspassengers, shall be allowed per trip. In view of this, the User shall not pressurize the driver to allow more than 4 adult passengers in the Auto. The driver has the right to refuse such a pick-up or ask such User(s) to alight from the Auto.
  • Pressurizing the driver to overload the boot space of theAutowith luggage. The User shall not be generally allowed to use the seating area of the Auto for placing any kind of luggage.
DRIVER'S OBLIGATIONS
  • Drivers are required to ensure that they charge correct amount of fares as shown on the meter and not charge, request or demand for any extra charges and amounts.
  • Drivers are responsible for inspecting the Autos after dropping off the customers at the drop location. The Drivers must return any belongings of the Customers if found in the Auto.
  • Drivers will not operate an Auto that is not in proper running condition. The driver will ensure that the Auto meter is running properly and not malfunctioning.
  • Drivers must only transport a maximum of 4 persons, inclusive of only 3 adults in the Auto.
  • Drivers must observe all traffic rules and regulations. Drivers are personally responsible for any traffic violation.
  • Drivers must take appropriate precautions when driving conditions are hazardous. (This includes but is not limited to dust storms, fog, heavy rain, snow, or any such conditions).
  • Drivers are required to provide reasonable assistance with a Customer's luggage. This includes assistance with getting luggage into and out of the Auto, taking reasonable care while in the Auto, and immediately reporting any found items to the Company.
  • Drivers are requested to keep their Auto's neat, clean and tidy at all times. Drivers are also requested to be neatly dressed in the uniform which they are required to wear.
  • Drivers are required to take the most direct, practicable route from when they pick up a Customer to the requested destination, unless otherwise directed by the customer. The driver can and should briefly consult a street directory or GPS when in doubt.
  • Drivers are requested to ride atthe expected comfort level of the Customers. This includes having the music system or radio turned off or down and adjustment in volume as desired by the Customers.Customers may also advise the Driver if they wish to complete the taxi ride without conversation.
  • The driver must take the passenger to the designated place and not to any alternative destination.
  • Drives are requested to be polite to the Customers. The Drivers shall not abuse or harass the Customers or any other person during the journey.
  • The Drivers shall not consume alcohol and drive the Auto rickshaws. The Drivers shall avoid smoking in the Auto's when transporting Customers to their respective destinations.
  • If a Driver's license is suspended or cancelled, the person must immediately notify the Company in writing.
AMENDMENTS

Spikeway Auto reserves the rights to change or modify any of the offers at any period of time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not abide by the amendments, You must stop using the service. Your sustained use of the Services will imply your acceptance of the changed terms.

AUTO ADVERTISEMENTS

Auto Rickshaw Drivers are one of the most neglected and unprivileged part of our society; One of the main goals of Spikeway Auto is to provide them with technology so that they are able to cope up with the well to do Auto services that operate online. This will help them fetch commuters, be in business and grow financially.

Marketing and Advertisement Models We offer following marketing and advertising models to Our clients, Our partners and organisations to expand the reach of their services and publicizing their business:

  • Visual Advertising (External):
    1. The Auto moves throughout the day, covering whole city and the Advertisement on the external part of the Auto Rickshaw displayed on the backside, doors or hood of the Auto will capture close to 1 lakh eye balls every day. This symbolizes the effectiveness and reach of Auto advertising which now preferable amongst most big and small marketers.
    2. Any kind of product and services can be advertised through this form of passive advertisement as it is very cost effective and customizable according the requirements, this can surely enhance any business.
      • On an average, an Auto Rickshaw travels approx. 100-200 km/per day.
      • The Auto Rickshaws carry Your messages loud and clear unlike other modes of transport.
      • On an average at least 5000 to 6000 people notice the advertisement per day per Auto.
  • Visual Advertising (Internal):
  • We also offer banners / leaflets /flex / stickers / pamphlets that can be kept or affixed inside the Auto. People seldom notice them outside but they will get more focused and intent knowledge about your business which is even more enhancing. This is also very useful and effective for conducting surveys, camp notices, gathering public data, awareness etc. Other tools of advertising can also be implemented like handles, seat-covers, bills and what not! The reach of this model is approximately 50000 people every day ranging from 15 minutes to 1 hours of visibility to each customer.

  • The Speaking Auto
  • This is the most innovative method of advertising, which We offer. The "Speaking Auto" uses the oldest but most effective way of advertisement and marketing, which is "WORD OF MOUTH" Publicity!

    Most of our Auto Drivers are literate and educated. More than 90% are 12th pass. In this method, the client conducts a one-to-one or one-to-many training sessions for the Auto Drivers or their Spikeway Auto representatives, and train them to tell and make people aware about the client's product and services while commuting. For example,

    Say, Builder ABC wants to advertise and market its new township service called RICH LIVES. They get associated with Spikeway Auto and their leaflets/posters/brochures are kept inside our 1000+ Auto Rickshaws. Their marketing representatives train these Auto Drivers in one-to-one or one-to-many form. The training will be focused on making aware the passenger about Rich Lives and telling them the benefits of this township. The main objective of Auto Drivers it to pass the address and numbers of ABC Builders to the passengers and give them the brochures/leaflets with brief explanation. This whole process takes hardly 5 minutes but the passenger gets the information from a very unlikely but trustworthy person. This surely makes them think about giving it a try. This is a very innovative, effective and affordable method and We highly recommend it!


    Our USP - Innovation!

    We at Spikeway Auto believe in the power of Creativity and Innovation and we welcome all the suggestions and new ways of advertisements. If You feel that We can help You in some other ways or You have a new idea of advertising with Us, then We'll be really happy to adopt and implement it with You! So believe in Us and rise!

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User's access and/ or activity by immediately removing the User's access credentials either temporarily or indefinitely, or suspend / terminate the User's membership, and/or refuse to provide User with access to the Website/Application, without being required to provide the User with notice or cause:

  • If the User is in breach any of these Terms or the Policy;
  • If the User has provided wrong, inaccurate, incomplete or incorrect information;
  • If the User's actions may cause any harm, damage or loss to the other users or to the Website/Company/Application, at the sole discretion of the Company.
INDEMNITY AND LIMITATIONS

The User hereby expressly agrees to defend, indemnify and hold harmless the Website/Application and the Company, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfillment of any of the User's obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.


The User hereby expressly agrees to defend, indemnify and hold harmless the Website/Application and the Company, its employees, directors, officers, agents and their successors and assigns and against all damages/charges and expenses for which the User may be held liable to pay on account of the any actions, inactions or negligence of the drivers provided by the Company whether in respect of accident, injury to the person or damages to the property of any member of the public or any person or in executing the work or otherwise and against all damages and demands thereof.


In no event shall the Company/Website/Application be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Website/Application had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other torturous action, or any other claim arising out of or in connection with the User's use of or access to the Website/Application and/or the services or materials contained therein.


The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website/Application incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

INTELLECTUAL PROPERTY RIGHTS

Unless Spikeway Auto owns the lawful license of all the rights to the Website/Application and its contents, The Web site content means its images, graphics, design, layout, text, sound, video etc. All rights not otherwise claimed under this agreement or by www.Spikeway.com or www.Auto.spikeway.com, are hereby reserved.


The information in this web site is intended to provide general information for the personal use of the reader, who accepts full responsibility for its use. Spikeway Auto does not guarantee the accuracy or reliability of any information or the "content") contained on it. In no event shall Spikeway Auto be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any dependence upon any content shall be at their sole risk.


Spikeway Auto reserves the right to make improvements to, or correct any error or omissions in any portion of the Service or the Website/Application. Trademark All related icons and logos are registered trademarks or trademarks or service marks of Spikeway Auto in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. Copyright. In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. The retrieval of Spikeway Auto content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, Automatic devices or manual processes) without written permission from Spikeway Auto is prohibited.

DISLAIMER OF WARRANTIES AND LIABILITIES
  • Except as otherwise expressly stated on the /Application, all services offered on the Website/Application are offered on an "as is" basis without any warranty whatsoever, either express or implied.
  • The Company/Website/Application makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness of a product for a particular purpose.
  • The company will not liable for any damages caused due to accidents that might have occurred during the duty time of Our Drivers. The Company follows a well laid down due diligence / vetting process for the recruitment of its drivers.
  • The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use of service offered by Company or due to the failure of Company to provide Services to the User for any reason whatsoever including but not limited to the User's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
  • Unless explicitly provided by the Company, any specific service or deliverable, obtaining sufficient insurance coverage shall be the obligation/option of the User.Spikeway Auto provides no such insurance coverage to either to the Users or the Drivers. The Company shall not accept any claim/s arising out of such contingencies.
  • The User recognizes and understands that there is no employer-employee relationship between Website/Application and the personnel deployed by the Website/Application as drivers.
  • The Company will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
  • You agree that the entire risk arising out of Your use of the Services, and any Service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.The Company shall not be responsible financially or otherwise for any injury to the User or the Driverin the course of performing the functions/duties.
  • The User agrees and undertakes that he/she is accessing the Website/Application and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before availing any service listed on the Website/Application, or accessing/using any information displayed thereon.
  • If any passenger if misses the train or flight or bus, Company will not be liable for any compensation. The User shall make an alternate arrangement if the Auto has not reached due to any reason.
  • The Company encourages all its Users to take full responsibility of his/her items. In case of lost items inside the Company during the journey, Company will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same.
  • If the User leaves any goods in theAutoor has any complaint in respect of the Services or the use of theAuto the User has to inform Company of the same in writing within 24hours of using the Auto or the Services of Company. The Company shall not be liable for any conduct of the drivers of the Autos.
  • The Website/Application and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User's belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Website/Application.
  • The Company/Website/Application does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website/Application or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User's use of the Website/Application.
  • It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
SUBMISSIONS

Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website/Application will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company/Website/Application does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website/Application by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website/Application, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution ("ADR") mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

  • Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
  • Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bangalore in the state of Karnataka, India.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Bangalore shall have exclusive jurisdiction over any disputes arising between the Parties.

NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due/Speed Post Acknowledgement Due (RPAD / SPAD).

MISCELLANEOUS PROVISIONS
  • Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
  • Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
  • Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
DISCLAIMER

We make all efforts to keep the Website/Application up and running smoothly. However, The Company takes no responsibility for, and will not be liable for, the website/App being temporarily unavailable due to technical issues beyond our control.


The information contained in the Website/Application is for general information purposes only. The information is provided by Spikeway Auto and while We try to keep the information up to date and correct, we make no warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website/Application or the information, services, or related graphics contained on the Website/Application for any purpose. Any reliance you place on such information is therefore strictly at your own risk.


In no event will We be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website/Application.


Through this Website/Application you are able to link to other websites, which are not under the control of Spikeway Auto. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.