The following Terms of Use describes the terms and conditions on which Aavi Solutions pvt. Ltd. offers users access to the CHAR PAIR Platform (i.e., mobile application) for facilitating carpooling between the car owner and the car pooler.

Please read these Terms of Use carefully before using CHAR PAIR’s Platform for carpooling. If you do not agree to be bound by the terms and conditions of this agreement, do not create an account with CHAR PAIR’s or use or access CHAR PAIR’s Platform.

The CHAR PAIR Platform (the “CHAR PAIR Platform”) is an application owned and operated by Char Pair (Operating under Aavi Solutions Pvt Ltd.), First floor, house No 1, Chnagorabhata, Raipur (C.G.) CHAR PAIR Support Email: support@charpair.com

About CHAR PAIR

CHAR PAIR is carpooling mobile app that connects users (car owners and car poolers) to carpool together and help to reduce carbon emission, optimize fuel consumption, reduce traffic, Primarily, the intention and objective of the CHAR PAIR Carpool is as summarized herein below:

• Carpool helps the car poolers to commute in cost and time effective manner;
• Carpool helps the car poolers to commute to work to help ease persistent traffic gridlocks across Indian cities every working day and to reduce air pollution;
• Carpool with professionals from different domains helps in expanding the professional network while commuting

Operation of CHAR PAIR

The CHAR PAIR operates through its mobile application platform and facilitates carpooling between the car owner and car pooler.
Please note that the activity of car owner i.e., allowing carpooling in his/her private car does not constitute any binding contract between the car owner and the car pooler for the provision of transportation of passenger or related service of any cab/taxi (including radio taxi, motor cab, maxi cab, etc.) Accordingly, the carpooling expenses shared by the car pooler should not be treated as a consideration paid for any agreement/ contract between car owner and car pooler.
The car owner and car pooler acknowledge that neither the car owner intends to provide nor the car pooler intends to avail the services of radio taxi, motor cab, maxi cab by creating a user account and sharing the car pooling cost.
The primary objective of the users on the CHAR PAIR platform is to share the commutation cost for the journey in an effective manner<
CHAR PAIR offers a platform for facilitating carpooling via the CHAR PAIR Platform to car owner and car pooler, jointly, its “Users”) and your authority to use the CHAR PAIR Platform provided by CHAR PAIR, whether online or via any of CHAR PAIR’s mobile applications (individually, an “Application” and collectively, CHAR PAIR’s “Applications”), are conditioned on your agreeing to these Terms of Use in all respects
By using CHAR PAIR’s Platform for carpooling, whether as a car owner or car pooler, you acknowledge and agree that these Terms of Use between you (“You,” “Your,” or “Yourself”) and CHAR PAIR (“CHAR PAIR,” “We,” “Us” or “Our”) and you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Terms of Use and any future amendments and additions to this Terms of Use as published from time to time by CHAR PAIR on its web site (Char Pair.co) or through the platform.
By using CHAR PAIR Platform, regardless of the Application by which you access CHAR PAIR’s Platform, you acknowledge that CHAR PAIR is providing you with a revocable license, and is not selling, the Applications and not providing transportation of passenger service in any manner whatsoever.
You creating an account, and using CHAR PAIR’s Applications for carpooling, are conditioned upon your agreement with these Terms of Use. If You do not accept all the Terms of Use, then CHAR PAIR does not license the CHAR PAIR Platform to you and you are not authorized to use the CHAR PAIR Platform, its Applications or the availing of carpooling services through our platform at any time in any manner.
CHAR PAIR reserves the right to modify the terms and conditions of this Terms of Use or its policies relating to the facilitation of carpool between the car owner and the car pool or the CHAR PAIR Platform at any time, effective upon posting of an updated version of this Terms of Use on the Platform or Applications. You are responsible for regularly reviewing this Terms of Use. Continued use of the Platform or Applications after any such changes shall constitute your consent to such changes.
CHAR PAIR reserves the right to modify the terms and conditions of this Terms of Use or its policies relating to the facilitation of carpool between the car owner and the car pool or the CHAR PAIR Platform at any time, effective upon posting of an updated version of this Terms of Use on the Platform or Applications. You are responsible for regularly reviewing this Terms of Use. Continued use of the Platform or Applications after any such changes shall constitute your consent to such changes.Please note that CHAR PAIR does not provide transportation services to any party including its users, and CHAR PAIR is not a transportation carrier. It is up to individual users, both car owner and car pooler, to offer and accept facilitation of carpooling which may be scheduled through use of the Applications or Platform. CHAR PAIR offers information and a method to obtain transportation for and from third parties, but does not and does, not intend to, provide transportation services or act in any way as a transportation carrier. CHAR PAIR accepts no responsibility or liability for any transportation services provided by or to any user and expressly disclaims any liability with regard to any user’s claims against CHAR PAIR in connection with such user’s use of the CHAR PAIR Platform, Applications and/or services. By creating an account with CHAR PAIR and using CHAR PAIR Platform for carpooling, you agree that you are doing carpooling at your own risk.

ROLE OF CHAR PAIR FOR CAR OWNER AND THE CAR POOLER

The users register on the CHAR PAIR Platform for carpooling. CHAR PAIR merely facilitates carpooling by bringing together the users on the Platform and does not provide any transportation services to the users in any manner whatsoever:

Role of CHAR PAIR for Car Pooler

CHAR PAIR acts in the capacity of agent for car pooler in respect of the expenditure incurred in respect of the carpooling.
CHAR PAIR shall collect the expenditure amount from the car pooler in the capacity of an agent of the car pooler and remitting the same to the car owner.
The amount of carpooling cost to be shared by the car pooler calculated as agreed and communicated from time to time through CHAR PAIR Application/ Platform.
CHAR PAIR shall remit the amount collected from the car pooler to the car owner as an agent of the car pooler.

Role of CHAR PAIR for Car Owner

CHAR PAIR shall collect the carpooling expenditure at an agreed rate from the car pooler and remit the same to the car owner as an agent of car pooler.

REPRESENTATIONS AND WARRANTIES OF USER

By using any of the Applications or CHAR PAIR’s Platform, you expressly represent and warrant that you are legally entitled to accept this Terms of Use. If you reside in a jurisdiction that restricts the use of the Platform because of age, or restricts the ability to accept Terms of Use such as this one due to age, you must abide by such age limits and you must not use the Applications and/or Platform. Without limiting the foregoing, the Applications are not available to minors (persons under the age of 18) under any circumstances, unless such use is incidental to the use of the Platform by a person aged 18 or older (for example, a person aged 15 accompanied as a car pooler by a User who is 19 years old)
By using the Applications or Platform, you represent and warrant that you are at least 18 years old. By using the Application or the Platform, you represent and warrant that you have the right, authority and capacity to accept this Terms of Use and to abide by it.
Your participation in using the Platform and/or any of the Applications is for your sole, personal use and those over whom you exercise guardianship or parental authority. You may not authorize others to use your user account with CHAR PAIR and you may not assign or otherwise transfer your user account to any other person or entity.
When using the Applications or Platform, you agree to comply with all laws applicable in the jurisdiction(s) in which you are using the Applications, and in which your ride originates, terminates, and traverses.
You may only access the Application using authorized methods. It is your responsibility to ensure that you are using the most recent version of the Application and the correct Application for your device. CHAR PAIR is not liable if you do not have a compatible mobile device handset or if you have downloaded an incompatible version of the Application for your mobile device.
CHAR PAIR reserves the right to terminate this Terms of Use and your ability to use the Platform should you be using the Platform or Applications with an incompatible or unauthorized device or for a purpose that is not permitted pursuant to these Terms of Use.
By using the Application and/or the Platform, you accept that you will only use the Platform and/or Application for lawful purposes.
You will not use the carpooling for the purpose of transporting any dangerous weapons (including, not limited to, knives, firearms, incendiary devices, etc.), chemicals, or other objects or substances that may cause harm to, or intimidate or otherwise harass, others, including other Users or members of the public, whether or not you intend to use such objects or substances to cause harm to, or intimidate or otherwise harass, others, including other Users.
• You will not do the carpooling for any unlawful or for fraudulent purposes. You will not use the carpooling to transport illegal drugs.
• You will not do the carpooling when you are intoxicated or otherwise under the influence of any intoxicating or impairing chemical or other substance.
• You will not do the carpooling to cause nuisance, annoyance or inconvenience.
• You will not impair the proper operation of the carpooling activity as CHAR PAIR sees fit. • You are relying on the Terms of Use of CHAR PAIR and acknowledges that you are solely liable for availing the carpooling and & understands and agree to make your own informed decision.
• You will not try to impede or disable the Platform or Application in any way.
• You will not copy, or distribute the Application or other content published by CHAR PAIR without CHAR PAIR’s written permission.
• You will only use the Application 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 we provide you which allows access to the Platform.
• You will provide us with whatever proof of identity we may reasonably request.
• You will only use an access point, wifi service or a mobile data account (AP) which you are authorized to use.
• You are aware that when requesting carpooling by SMS, standard-messaging charges will apply.

LICENSES GRANTED BY CHAR PAIR TO CHAR PAIR’s WEB SITE, APPLICATIONS, OTHER CONTENT CREATED BY CHAR PAIR AND TO CONTENT CREATED BY USERS OF CHAR PAIR’s SERVICES
Subject to your compliance of the Terms of Use CHAR PAIR grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any CHAR PAIR content solely for your personal and non-commercial purposes; and (ii) to view any User Content (defined below) to which you are permitted access solely for your personal and non-commercial purposes. CHAR PAIR does not permit you to sublicense the license rights granted to you.
By creating an account with CHAR PAIR, and using CHAR PAIR’s Platform, you agree that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, Applications or the content of any part of CHAR PAIR’s web site and/or Applications, whether created by CHAR PAIR (“CHAR PAIR’s Content”) or CHAR PAIR’s Users (“User Content”, together with CHAR PAIR’s content, the “Platform Content”), except as expressly permitted in this Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CHAR PAIR or its licensee and licensors, except for the licenses and rights expressly granted in this Terms of Use.

LICENSE GRANTED TO USERS

CHAR PAIR may, in our sole discretion, permit Users to post, upload, publish, submit or transmit a variety of information for purposes of CHAR PAIR and/or other Users of its Platform (collectively, the “User Content”). By submitting any content to CHAR PAIR that you create, and by making available to you any User Content that other Users may create, regardless of the means of its being available to you, you hereby grant to CHAR PAIR a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of the Platform or Application or in any other non-Service of non-Application medium.
CHAR PAIR shall not claim any ownership rights in any User Content except as otherwise provided herein, and nothing in this Terms of Use will be deemed to restrict any rights that you may have to use and exploit any User Content that you create or is otherwise explicitly licensed to you. You may not, however, use any User Content that you do not create, except as otherwise authorized in this Terms of Use.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform or Applications. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Platform or Applications or you have all rights, licenses, consents and releases that are necessary to grant to CHAR PAIR the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or CHAR PAIR’s use of the User Content (or any portion thereof) on, through or by means of the Platform or Applications will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Further, with respect to any User Content that you post on the CHAR PAIR Platform, regardless of the medium, you represent and warrant and agree that you shall not post content that CHAR PAIR, in its sole discretion, deems to be offensive, defamatory, and/or discriminatory on the basis of race, nationality, gender, age, citizenship, sexual orientation or identification, religion, or any other classification that is deemed a “protected class” pursuant to the laws of the India and any states in which CHAR PAIR services are provided. CHAR PAIR reserves the right to modify or delete any User Content posted on the CHAR PAIR Platform that CHAR PAIR, in its sole discretion, deems in violation of these Terms of Use and you expressly waive any claim for damages of any sort should you create User Content that CHAR PAIR deems inappropriate or otherwise merits modification or deletion from the CHAR PAIR Platform. Should you post or create any User Content that violates the Terms of Use, CHAR PAIR may, but it is not obligated to, terminate your account with CHAR PAIR, and that you shall not be entitled to any remuneration of compensation for such termination should it occur.
Notwithstanding anything contained herein to the contrary, you agree that CHAR PAIR shall be under no obligation to moderate any user forum or monitor any User Content and that CHAR PAIR has no obligation to delete or otherwise oversee any User Content regardless of who may have created it.
The opinions expressed in any User Content on the CHAR PAIR Platform do not necessarily represent the opinions of CHAR PAIR and/or its affiliates and no representation is made as to the accuracy or suitability of any User Content.

VERIFICATION OF CAR OWNER AND CAR POOLER

You agree to permit CHAR PAIR to confirm your identity and to obtain personal information about you, whether you are a car owner and/or a car pooler, in compliance with CHAR PAIR’s Privacy Policy, referenced elsewhere on CHAR PAIR’s web site, and incorporated by reference herein. By creating and maintaining an account with CHAR PAIR and by using CHAR PAIR’s Platform for carpooling, you accept and agree to abide by CHAR PAIR’s Privacy Policy, as it may be amended from time to time.
You agree to cooperate with CHAR PAIR with respect to, and provide accurate information to CHAR PAIR in connection with, all background checks, financial checks, and other verification activities that CHAR PAIR may undertake, in its sole discretion, with respect to your account and use of CHAR PAIR’s Platform. You understand and acknowledge that CHAR PAIR is not obligated to perform any particular verification of any User of CHAR PAIR’s Platform, including any car owner or car pooler, and that such verification is in CHAR PAIR’s sole discretion. You agree to provide CHAR PAIR, upon request, with a copy of your current government issued car owner’s license (sometimes called a motor vehicle operator’s license) or other government issued proof of your identity, and/or proof of your current vehicle insurance coverage and/or details with regard to your motor vehicle including the Vehicle Identification Number of your vehicle.
By creating and maintaining a User’s account with CHAR PAIR and by using CHAR PAIR’s Platform, you consent to CHAR PAIR’s performing and/or obtaining a general and/or criminal and/or Department of Motor Vehicles background check (collectively, a “Comprehensive Background Check”) with respect to your identity and the information that you have provided to CHAR PAIR. By creating and maintaining a User’s account with CHAR PAIR and by using CHAR PAIR’s Platform for carpooling, you authorize CHAR PAIR to obtain a Comprehensive Background Check on your identity and to update that Comprehensive Background Check from time to time, in CHAR PAIR’s sole discretion. If applicable, by creating and maintaining a User’s account with CHAR PAIR and by using CHAR PAIR’s Platform for carpooling, you authorize CHAR PAIR to confirm the information that you have provided to CHAR PAIR with respect to your motor vehicle and to obtain verification of its date of manufacture as well as its accident, maintenance, registration and ownership history.

TERM AND TERMINATION

This Terms of Use is effective upon use of CHAR PAIR’s Platform for availing carpooling for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. CHAR PAIR has the right to make your account blocked/dormant for any or no reason, without explanation as CHAR PAIR sees fit. Upon such action, you will not be able to access the Application. CHAR PAIR may retain the data as required by law or for other business purposes as CHAR PAIR sees fit. CHAR PAIR may, in its sole discretion, bar your use of the Platform at any time, for any or no reason. Even after your account with CHAR PAIR is blocked, this Terms of Use will remain in effect.
You may opt out of using the CHAR PAIR Platform at any time, for any reason and CHAR PAIR will make your account dormant upon its receipt of your written or email CHAR PAIR may, in its sole discretion, bar your use of the Platform for availment of carpooling at any time, for any or no reason. Even after your account with CHAR PAIR is disabled or made inactive, the Terms and Conditions agreed by you at the time of registration will remain in effect.

YOUR PERSONAL INFORMATION

Any personal information that you provide, publish or display (“post”) on CHAR PAIR’s website or by way of its Application, including any information you send or permit CHAR PAIR to send to other Users, including feedback information, shall be licensed to CHAR PAIR in perpetuity. CHAR PAIR may store this information in its computers and databases as required by the data privacy laws, Government’s IT law policy or any other law that requires CHAR PAIR to share a user’s information for any legal purpose. By creating an account with CHAR PAIR and using CHAR PAIR’s Platform, you consent to CHAR PAIR using your personal information and anything you may post as CHAR PAIR sees fit.
By creating an account with CHAR PAIR Platform, you agree to sharing your data with CHAR PAIR Platform’s marketing partners and affiliates. Data sharing by CHAR PAIR Platform is subjected to the data privacy and related laws of India and sharing your data is subject to those laws.
For the purposes of this Terms of Use ‘data’ means all user data including all materials, posts, uploads, submits, information that you submit to CHAR PAIR Platform.
You expressly consent to CHAR PAIR Platform’s marketing partners and affiliates to contact you to provide services and information that may be relevant to you.  CHAR PAIR Platform reserves the right to modify, cancel, change and amend our user data policy at our discretion.
You are solely responsible for the information you provide and your interactions with other Users, and you acknowledge that CHAR PAIR is merely a conduit for your information that you may post and share with other Users. When you use the CHAR PAIR Platform and Application you agree to provide accurate, current and complete information as requested by CHAR PAIR and other Users, as appropriate. You further agree to maintain and timely update your personal and financial to ensure its accuracy at all times during the Terms of Use.
You agree that CHAR PAIR and others may rely on information that you provide to CHAR PAIR. You acknowledge that if the information you provide is not accurate, CHAR PAIR has the right to terminate this Terms of Use and your use of CHAR PAIR’s services.
By accepting this Terms of Use, a car owner agrees that CHAR PAIR may obtain information about the car owner, including without limitation the car owner’s driving record, references and pair point information, as well as confirm information regarding the vehicle driven by the car owner in connection with use of the services. As a car owner, you hereby authorize CHAR PAIR to perform a background check on you, and you further agree to provide any necessary authorization to facilitate CHAR PAIR’s access to your official driving record, personal references and credit information, as well as maintenance and insurance records with regard to the vehicle you use while using the services, from time to time in CHAR PAIR’s sole discretion, during the term of the Terms of Use. Nothing contained herein shall be deemed to obligate CHAR PAIR to conduct any sort of background check on any User, including car owners.

1. SOCIA MEDIA

As part of the functionality of the CHAR PAIR Application and business operation, you may be able to create an account and log in via third party service providers such as Facebook. By doing so, you may provide CHAR PAIR with information relating to those third party providers.
You may do this by providing your third party login information through the CHAR PAIR Application or by permitting CHAR PAIR to access your third party log in information as is permitted by your third party provider. By doing so, you represent and warrant that you are entitled to disclose your third party account log in information to CHAR PAIR and/or grant CHAR PAIR access to your third party account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable your third party account and without obligating CHAR PAIR to pay any fees or making CHAR PAIR subject to any usage limitations imposed by such third party service providers.
• By granting CHAR PAIR access to any your third party account, you acknowledge that CHAR PAIR may access, make available and store (if applicable) any content that you have provided to and stored in your third party account so that it may be available on and through the CHAR PAIR Application via your account, including without limitation any friend, contacts or following/followed lists,and that CHAR PAIR may submit and receive additional information to your third party account as indicated herein. Unless otherwise specified in the Terms of Use , content derived from your third party account, if any, shall be considered to be information that you accept to share with CHAR PAIR for purposes of the Terms of Use depending on the which of your third party accounts that you choose to share with CHAR PAIR, and subject to the privacy settings that you may have set in each of your third party accounts, personally identifiable information that you post to your third party accounts may be available on and through the CHAR PAIR Application. Please note that if any or all of your third party accounts becomes unavailable or CHAR PAIR’s access to your third party accounts is terminated for any reason, then the information that you have provided to CHAR PAIR via your third party account may no longer be available on and through CHAR PAIR’s Application.
Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers.
CHAR PAIR makes no effort to review any content you provide via your third party accounts for any purpose, including but not limited to, for accuracy, legality or non-infringement, and CHAR PAIR is not responsible for any violation of any terms of your agreement with respect to any of your third party accounts.

1. CAR OWNER’S REPRESENTATIONS AND WARRANTIES

By using CHAR PAIR’s facilitation of carpooling, a car owner represents, warrants and agrees that:
• The car owner is at least 18 years of age.
• The car owner possesses a vehicle which is not a vehicle having a commercial/ taxi/ cab registration number (i.e., car owner possesses vehicle with private registration number)
• The car owner possesses a valid car owner’s license and is authorized to operate a motor vehicle and has all appropriate licenses, approvals and authority to provide transportation to third parties as contemplated in this Terms of Use, in all jurisdictions in which the car owner offers carpooling.
• The car owner owns, or has the legal right to operate, the vehicle the car owner uses when accepting car pooler, and car owners’s vehicle is in good and safe operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
• The car owner is named or scheduled on the insurance policy covering the vehicle the car owner uses when accepting car poolers.
• The car owner may only operate the vehicle that the car owner has registered with CHAR PAIR as the car owner’s vehicle and may not borrow, license, rent, hire or otherwise substitute any other vehicle for the vehicle that the car owner has represented to CHAR PAIR is the car owner’s vehicle for purposes of providing a ride to car pooler.
• The car owner has a valid policy of liability insurance in coverage amounts consistent with all applicable legal requirements or INR 10,00,000 (for India) whichever is greater, for the operation of the car owner’s vehicle to cover any anticipated losses related to the car owner’s provision of rides to car poolers, including any losses that may be suffered by the car poolers riding with the car owner. A copy of the car owner’s automobile insurance policy may be required by CHAR PAIR and CHAR PAIR may require car owners to obtain a pass certificate of insurance from their respective insurance providers.
• The car owner will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle the car owner uses to transport car poolers, including, but not limited to, personal injuries, death and property damages.
• In the event of a motor vehicle accident the car owner will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with the car owner’s insurance carrier.
• In the event of a motor vehicle accident of any sort, regardless of the value of the damage that may have been sustained by any participant in the accident, the car owner shall, within 24 hours of such accident, notify CHAR PAIR of the accident and promptly, but in no event later than five days following the accident, provide CHAR PAIR with written notice of the car owner’s insurance carrier, identification of any claims adjuster assigned to the case, a police report, if applicable, and provide the names and identifying information of any and all other participants and witnesses to the accident, whether or not such witnesses or participants has suffered any injury or property damage as a result of the accident.
• The car owner will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
• The car owner will not make any misrepresentation regarding CHAR PAIR, its Applications and the car owner’s status as a car owner. Car owner shall not offer or carpooling for other Users for remuneration without notifying CHAR PAIR and using CHAR PAIR’s Platform, nor shall the car owner hold himself or herself out as an agent of CHAR PAIR, or as a public carrier or taxi service, charge for rides or otherwise seek non-voluntary compensation from car poolers, or engage in any other activity in a manner that is inconsistent with the car owner’s obligations under the Terms of Use.
• The car owner will only accept car poolers using the CHAR PAIR Application and with a vehicle that has been reported and identified to CHAR PAIR, including providing photographs of the interior and exterior of the vehicle, the license plate and VIN tag, and any other identifying information or photographs, at CHAR PAIR’s request.
• The car owner will not discriminate or harass car pooler on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation. The car owner is medically fit to drive in accordance with applicable law.

1. APPLICATION LICENSE

Subject to your acceptance to this Terms of Use, CHAR PAIR grants you a limited non- exclusive, non-transferable license to download and install a copy of the Application on any mobile device or computer that you own or control and to run the Application solely for your own personal use. Furthermore, you accept to operate any mobile Application in compliance with the terms and conditions of the owner and/or operator of the platform from which you download such Application, and use it in compliance with the terms and conditions of the maker of the mobile device on which you use the Application.
CHAR PAIR reserves all rights in and to the Application not expressly granted to you under this Terms of Use.
In connection with your use of the Application and CHAR PAIR’s Platform, you accept that you shall not
(i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the use of Platform or the Application in any way, except as expressly permitted in these Terms of Use.
(ii) modify or make derivative works based upon the Platform or the Application
(iii) create Internet “links” to the Platform or “frame” or “mirror” any Application on any other server or wireless or Internet-based device.
(iv) reverse engineer or access the Application in order to
(a) build a competitive product or service,
(b) build a product using similar ideas, features, functions or graphics of the Platform or Application, or
(c) copy any ideas, features, functions or graphics of the Platform or Application, or
(v) 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 Application.
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 that violates 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 Application or Platform or the data contained therein. or
(v) attempt to gain unauthorized access to the Application or Platform or its related systems or networks.
CHAR PAIR has and reserves the right to investigate and prosecute violations of any of the provisions of this Terms of Use as it sees fit and to the fullest extent of the law.
CHAR PAIR may request assistance from, and cooperate with, law enforcement authorities in investigating and prosecuting Users who violate the Terms of Use.
You acknowledge that CHAR PAIR has no obligation to monitor your access to or use of the Platform/ Application or User Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Platform and Application as it sees fit.
CHAR PAIR has the right to take all reasonable steps, as it deems appropriate, to ensure your acceptance to this Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
CHAR PAIR reserves the right, at any time and without prior notice, to remove or disable access to any User Content that CHAR PAIR, in its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Platform or Application or offensive to CHAR PAIR or its Users, in CHAR PAIR’s sole discretion.

1. PROMOTIONAL CODES & ADVERTISING

CHAR PAIR may, in CHAR PAIR’s sole discretion, create promotional codes that may be redeemed for Account pair point, or other features or benefits related to the carpooling and/or a Third Party Provider’s services, subject to any additional terms that CHAR PAIR establishes on a per promotional code basis (“Promo Codes”).
You agree that Promo Codes:
(i) must be used for the intended audience and purpose, and in a lawful manner.
(ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by CHAR PAIR.
(iii) may be disabled by CHAR PAIR at any time for any reason without liability to CHAR PAIR.
(iv) may only be used pursuant to the specific terms that CHAR PAIR establishes for such Promo Code.
(v) are not valid for cash. and
(vi) may expire prior to your use. Promotional or Cash Back amount offered by CHAR PAIR to its users based on promotional offers can only be used for payment of rides and cannot be withdrawn outside CHAR PAIR apply users. CHAR PAIR reserves the right to withhold or deduct pair points or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that CHAR PAIR determines or believes that the use or withdrawal of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
1. CHAR PAIR PAIR POINTS RECHARGE & AMOUNT WITHDRAWL CHAR PAIR pair points can be used solely for the purpose of paying for carpooling on CHAR PAIR Platform and may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise).
Amount once recharged cannot be withdrawn by car poolers or remitted back to car poolers by CHAR PAIR under any circumstances.
Redeem is defined as a process where car owners can initiate a settlement of the amount owed to him/ her by CHAR PAIR for the carpooling services offered by such car owner to car pooler
The transaction history of car owner is a virtual account which provides the car owner with access to his/ her car pooling history and amount owed to him/ her by CHAR PAIR for the carpooling services offered by such car owner to car pooler. Through such user account, the car owner can only see the carpooling share due to him/ her by CHAR PAIR for carpooling carried by him/ her through CHAR PAIR. This is the amount that CHAR PAIR owes to the car owner for the provision of carpooling to the car pooler. The car owner cannot utilise this ledger of transactions or the outstanding amounts reflected therein in any manner other than for viewing his/ her carpooling history

1. REFERRAL PAIR POINTS:

All referral pair points given to users to refer their friends / colleagues will result in referral pair points granted within the app. Those referral pair points are not real money but are CHAR PAIR carpool pair points. User can use those pair points to pay partially for their carpool rides but cannot redeem/withdraw those pair point in exchange for money or equivalent. The referral pair points earned by the user (by the referred user adding promo code) will be credited only at the time of referred user signup or similar promotional offers.
The referral pair points earned by the car poolers can be used to pay a percentage of the ride amount. The upper limit of this percentage(%) is decided by CHAR PAIR and can change from time to time based on the marketing offer without any notice.
The Referral pair points earned by the car owners are referral pair points eligible referral pair points incentives that may be used by car owners to get an additional percentage of ride amount by withdrawing these eligible referral pair points. The upper limit of this percentage(%) is decided by CHAR PAIR and can change from time to time based on the marketing offer without any notice.
The referral pair point will expire in 1 months from the date of pair point grant and the user will not be able to use them after 1 months. The terms and duration of this will vary from time to time.
CHAR PAIR also holds the right to stop the referral program at any given point of time.

1. CANCELLATION POLICY:

To cancel any carpooling ride, user needs to go to ‘MyRides’ section and cancel a particular carpool by clicking on the delete button.
If the carpooling ride was accepted and money was already deducted (for riders), the amount will be added back to their account automatically once they cancel the ride. A carpooler must cancel a ride before the start in order to automatically get reversal of the payment amount. The amount will be credited back in CHAR PAIR Pair point balance. Carpooling Ride cancellation is not allowed after the ride is completed by the car-owner. In case the rider has not taken the ride and is not able to cancel the ride before start of the ride, the rider need to connect with CHAR PAIR Support team support@Char Pair.co Email support or CHAR PAIR buddy support are the best way to connect with CHAR PAIR support team.
If you still face any problem, please write to us at support@Char Pair.co. Our support team will get back to you shortly.
1. INTELLECTUAL PROPERTY INFRINGEMENT POLICY CHAR PAIR respects laws governing the use and protection of intellectual property and requires its users to do the same and, by creating an account with CHAR PAIR and using its services, you agree to abide by, and respect, all applicable laws regarding use and protection of intellectual property including copyright, trademark and patent laws. CHAR PAIR reserves the right to terminate the account of any User who, in CHAR PAIR’s sole discretion, appear to have infringed upon CHAR PAIR’s or other intellectual property rights.
Any fees that the CHAR PAIR may charge to the car owner for use of the Application is governed by a separate and independent terms of agreement as mutually agreed between CHAR PAIR and car owner.
CHAR PAIR may, in its sole discretion, make promotional offers with different features and different rates to any of CHAR PAIR’s Users, like users can have the option to buy multiple carpool rides for a certain period after paying a lumpsum amount. The lumpsum amount paid for the multiple carpool rides is non-refundable.
CHAR PAIR has the sole discretion to alter/change/extend the period of validity of such carpool rides.
For example, a user purchased 20 carpool rides at Rs. 200 valid for six months. In such scenario, CHAR PAIR, can extend the validity period of six months of carpool rides at sole discretion. If only 15 carpool rides are used, the balance money shall not be paid back to the user upon the expiry of the validity period of the carpool rides.

1. CORPORATE PROMOTION OR SUGGESTION TO USERS

In case CHAR PAIR is promoted or suggested by any corporate to its employees as a means of carpool or alternate commute, the corporate organization is not liable or responsible for fulfilling any terms and conditions for CHAR PAIR application. The corporate organization is only suggesting CHAR PAIR as a means of alternate commute. The relationship is purely between CHAR PAIR & the user.
Below section is applicable for all corporate companies which are working / in partnership with CHAR PAIR to help create awareness about the carpooling initiative and the relationship is limited only to support to create awareness.
Corporate does not make any warranties, guarantees, or representations of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose about s ride or the travel application/portal.
Employees herewith acknowledges that CHAR PAIR portal is a third party portal and any use of the same is at the sole risk of such user without any warranties or legal liability of any kind on/from Corporate. Corporate is not liable for any theft, assault, loss, claims, refunds, damages or liability of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages suffered by the employee or any other person due to the use of CHAR PAIR Application. Any portrayal of CHAR PAIR services should not be construed as an endorsement or a recommendation by Corporate for the use of CHAR PAIR’s products and services. Corporate assumes no responsibility for those services.
Employees further herewith acknowledges that this is not Corporate provided official transportation facility nor is this any recommended mode of commutation by Corporate. This facility is only for your personal use and shall not be considered as Corporate transport. Corporate is bring the awareness of this travel application only as a part of its Go Green initiatives and this travel is not part of the transportation provided by Corporate as per statutory/policy requirements.
Corporate is not recommending this commutation as an official mode of transport and it is in employees free will/voluntary that they select to travel using the application under their own risk and liability. Corporate employees are always recommended and advised/encourages d to use Corporate provided transport for official travel including travel from and to office location. Corporate does not take any liability for personal damages suffered by the employees due to travel using the travel application since the same is availed out of the free will of the employee. Female employees are discouraged from travelling using this application between 06.00 PM to 07.00 AM and if used it is at their own personal risk and safety.
Employees shall not make any claims against Corporate for any loss , damage to personal property , injury suffered due to use of the application.
Corporate employees shall download, install and use the travel application only after reading all the terms and conditions provided within the application and also after understanding the risk and avail it at their own free will and safety.

• THIRD PARTY REFERRALS AND COMMUNICATIONS

During your use of the Application, you may interact and/or correspond with other Users and you may be referred to CHAR PAIR from third party sources. CHAR PAIR is not responsible for your interaction with any third party and any such activity is solely between you and the relevant third party. By creating an account and using the Application, you agree that CHAR PAIR shall have no liability, obligation or responsibility for any such interaction with a third party, including other CHAR PAIR Users. CHAR PAIR does not necessarily endorse any opinion or communication you may receive or read from any third party, including any other Users, CHAR PAIR may rely on third party advertising and marketing supplied through the Application and other mechanisms in conjunction with the Application. By creating an account and using the Platform, you agree to the Terms of Use and agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing and you may cancel your account with CHAR PAIR at any time. CHAR PAIR reserves the right to modify its fee structure for use of the Services should you choose not to receive these advertising services. By creating an account and using the Services, you agree that CHAR PAIR may compile information about you and your use of the Services and use this information in connection with providing and developing the Applications, and may share this information with others who assist CHAR PAIR in providing the services to you. To the extent you provide any User Content or rely on User Content, and to the extent that you share a ride with any other Users, you agree that it is solely your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Application.

• INSURANCE, LIABILITY AND INDEMNIFICATION

CHAR PAIR maintains a variety of insurance policies intended to protect CHAR PAIR. In some instances, but not all, CHAR PAIR’s insurance may also cover certain car owner and/or car pooler, but CHAR PAIR is not obligated to provide insurance coverage for any of its Users.
These policies may or may not apply to all Users in all states and you are responsible for your own safety and security while using CHAR PAIR’s services. As with any insurance policy, specific insurance terms, limitations, and exclusions apply. CHAR PAIR does not procure insurance for, nor is it responsible for, your personal safety or any personal belongings that you may bring into any vehicle operated or occupied by another CHAR PAIR User.
This is an unofficial partial discussion of CHAR PAIR’s insurance coverage and may not always be up-to-date. None of the statements in this section should be interpreted as binding or assuring that any users or third parties are covered by CHAR PAIR’s insurance or that they are third party beneficiaries of any such coverage.
By accepting this Terms of Use and using the Application. you accept that you shall defend, indemnify and hold CHAR PAIR, its subsidiaries, affiliates, officers, directors, agents, shareholders, Users, employees, and attorneys 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 Terms of Use or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including other users with whom you interact as a result of your use of the Application, or (c) your use or misuse of the Application.

• DISCLAIMER OF WARRANTIES

CHAR PAIR makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the services or Application. CHAR PAIR does not represent or warrant that:
1. the use of the Platform or Application will be secure, timely, uninterrupted or error- free or operate in combination with any other hardware, application, system or data,
2. the Platform or Application will meet your specific requirements or expectations,
3. any stored data will be accurate or reliable,
4. the quality of any products, services, information, or other material purchased or obtained by you through the Platform will meet your requirements or expectations,
5. errors or defects in the services or Application will be corrected, or
6. the Platform or the server(s) that make the services available are free of viruses or other harmful components.
The services and Application are 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 CHAR PAIR. CHAR PAIR makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third
parties through the use of the Application. You acknowledge and agree that the entire risk arising out of your use of the Application and any third party services or products, remains solely with you, to the maximum extent permitted by law.
1. Internet delays
2. CHAR PAIR’s facilitation services and Application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.
3. CHAR PAIR is not responsible for any delays, delivery failures, or other damage resulting from such problems.
4. Limitation of liability
5. In no event shall CHAR PAIR and/or its affiliates, officers, employees, shareholders, attorneys, agents and licensees or 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).
6. CHAR PAIR and/or its affiliates, officers, employees, shareholders, attorneys, agents and licensees or licensors shall not be liable for any loss, damage or injury which may be incurred by you, including by not limited to loss, damage or injury arising out of, or in any way connected with the Application, including but not limited to the use or inability to use the Application, 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 service provider, advertiser or sponsor whose advertising appears on the website or is referred by the Application, even if CHAR PAIR and/or its affiliates, officers, employees, shareholders, attorneys, agents and licensees or licensors have been previously advised of the possibility of such damages.
7. CHAR PAIR may provide the services to you for the purposes of providing a match between users who seek transportation but is not providing the transportation services to you or any user in any manner whatsoever.
8. CHAR PAIR will not assess the suitability, legality or ability of any car owner driving the vehicle except as expressly set forth herein and you expressly waive and release CHAR PAIR from any and all any liability, claims or damages arising from or in any way related to the user who provides transportation services to you
9. You acknowledge that any party providing carpooling requested through the Application may not be professionally licensed or permitted to offer transportation services as a chauffeur or commercially licensed driver.
10. CHAR PAIR is not obligated to be a party to disputes or negotiations of disputes between you and car owner or between you and any other user of CHAR PAIR’s services.
11. CHAR PAIR cannot and will not play any role in managing payments between you and another user, except as set forth herein in the capacity of an agent of the car pooler.
12. You agree to accept full responsibility for the decisions you make regarding the services offered via the application and all responsibility and liability (with all its implications) rests solely with you whether you are a car owner or a car pooler. You use the Application and services at your own risk.
13. Except as otherwise set forth herein, CHAR PAIR will not assess the suitability, legality or ability of other user of the services to interact with you in any way.
14. You expressly waive and release CHAR PAIR from any and all liability, claims, causes of action, or damages arising from your use of the Application or in any way related to the third parties introduced to you by the Application.
15. The quality of the car used for carpooling is entirely the responsibility of the car owner with whom you are matched by CHAR PAIR. You are always free to opt not to accept CHAR PAIR’s suggestion of a match with any other car owner
16. You understand, therefore, that by using the Application, you may be exposed to situations that are potentially dangerous, offensive, harmful, unsafe or otherwise objectionable, and that you use the Application at your own risk.
17. NOTICE CHAR PAIR may give notice by means of a general notice on the Platform/ Application electronic mail to your email address on record in CHAR PAIR’s account information, or by written communication sent by first class mail or pre-paid post to your address on record with CHAR PAIR. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to CHAR PAIR (such notice shall be deemed given when received by CHAR PAIR) at any time by any of the following: letter sent by confirmed facsimile to CHAR PAIR at the following email – support@charpair.com
• ASSIGNMENT This Agreement may not be assigned by you without the prior written approval of CHAR PAIR but may be assigned without your consent by CHAR PAIR to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger whether voluntarily or by operation of law. Any purported assignment in violation of this section shall be void.
By accepting this Terms of Use and using CHAR PAIR’s Application or Platform, you agree that you shall defend, indemnify and hold CHAR PAIR, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Terms of Use or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of transportation services arranged via the Platform or Application, or (c) your use or misuse of the Application or Platform.

• GENERAL PROVISIONS

For any promotions, please check our FAQ http://charpair.com
No joint venture, partnership, employment, or agency relationship exists between you, CHAR PAIR or any third party provider as a result of this Terms of Use or use of the Platform or Application