Terms & Conditions

1.1 Intermediary Status. The Company is a "technology intermediary" within the meaning of Section 2(1)(w) and Section 79 of the IT Act. The Platform is a pure technology marketplace that enables Drivers and Passengers to discover each other, communicate, and transact on a peer-to-peer, cost-sharing basis. It is nothing more than a discovery and matching tool.

1.2 The Company does NOT:

• own, lease, operate, hire, or control any motor vehicle;
• employ, engage, supervise, train, assign, instruct, or direct any Driver;
• determine the route, speed, schedule, or manner in which any Ride is conducted;
• provide transportation, taxi, stage-carriage, contract-carriage, or any motor carrier service;
• act as a transport aggregator or operator of public service vehicles;
• guarantee the safety, character, competence, health, fitness, or suitability of any Driver, Passenger, or vehicle;
• insure any Driver, Passenger, vehicle, or trip.

1.3 Contract is Between Driver and Passenger Only. Every Ride creates a direct peer-to-peer contract between the Driver and the Passenger to which the Company is not a party. The Company's sole role is to facilitate discovery, booking confirmation, and payment routing.

1.4 Independent Capacity of Drivers. Each Driver is an independent private individual using their own private, non-transport ("white-plate") vehicle for personal purposes and offering a seat on their planned trip to share direct costs. No Driver is an employee, agent, contractor, partner, franchisee, or representative of the Company. No principal–agent, employer–employee, joint-venture, or partnership relationship is intended or created between the Company and any User.

1.5 Safe-Harbour Protection. The Company is entitled to the safe-harbour protection available to intermediaries under Section 79 of the IT Act, read with Rules 3 and 4 of the Intermediary Rules 2021, and shall exercise due diligence in accordance therewith.

All other capitalised terms have the meaning ascribed to them under applicable Indian law.

• 3.1 You must be at least 18 years of age and competent to contract under Section 11 of the Indian Contract Act, 1872.
• 3.2 You must not be a person disqualified from receiving services under any Indian law or order of a competent authority.
• 3.3 A Driver must hold a valid, subsisting Driving Licence, RC, third-party motor insurance (Section 146, Motor Vehicles Act, 1988), PUC, and, where applicable, a fitness certificate.
• 3.4 You warrant that all information you supply (including KYC information) is true, current, accurate, and complete. Submission of false, forged, tampered, or misleading information is a material breach and may be reported to law-enforcement authorities.

• 4.1 Minimum Verification. The Company may, on a reasonable-efforts basis, conduct identity, document, and phone verification. Such verification is for platform integrity only; it is not a guarantee of anyone's character, safety, fitness, or competence.
• 4.2 Background Check Disclaimer. The Company does not, except where expressly required by law, conduct criminal background checks, medical examinations, or driving-record audits. Users acknowledge that verification performed by the Company is limited in scope.
• 4.3 Aadhaar via DigiLocker. Where Aadhaar-based verification is used, only the masked reference ID from a Government-authorised KYC provider is retained. Raw Aadhaar numbers are not stored.
• 4.4 One Account. A User may hold only one active Account. Shared, duplicate, or transferred Accounts are prohibited.
• 4.5 Credentials. You are solely responsible for the confidentiality of your credentials and for every act carried out through your Account. Notify the Company immediately at info@swenid.com upon any suspected compromise.

The Driver represents, warrants, and covenants, on a continuing basis, that:

• 5.1the Driver holds a valid and subsisting Driving Licence;
• 5.2the vehicle is a private white-plate vehicle (non-transport), is in roadworthy condition, and possesses all statutory documents — RC, third-party motor insurance, PUC, fitness (where applicable);
• 5.3the vehicle will be driven only by the verified Driver and not by any unauthorised person;
• 5.4the Ride shall strictly comply with the Motor Vehicles Act, 1988, the Central Motor Vehicle Rules, 1989, the Motor Vehicles Aggregator Guidelines, 2020 (where applicable), Gujarat Motor Vehicles Rules, and all applicable traffic laws;
• 5.5the Driver shall not drive under the influence of alcohol, narcotics, or any intoxicant; shall not use a mobile phone while driving except through a hands-free device; shall wear a seat-belt at all times; and shall ensure every occupant does so;
• 5.6the Driver shall not overload the vehicle beyond its rated seating capacity;
• 5.7the Driver shall treat all Passengers with dignity and shall not discriminate on the ground of race, religion, caste, sex, gender identity, sexual orientation, place of birth, language, disability, or any other ground prohibited by Articles 14–17 of the Constitution of India;
• 5.8the Driver shall carry valid identification and originals of the vehicle papers during every Ride;
• 5.9the Driver shall not use the Platform to generate commercial profit, shall not collect amounts in excess of the displayed Contribution, and shall not solicit cash tips or off-platform payments.

• 6.1The Passenger shall be at the agreed pickup point at the scheduled time and shall cooperate on reasonable route variations.
• 6.2The Passenger shall not carry illegal, hazardous, inflammable, explosive, or prohibited items.
• 6.3The Passenger shall not damage, soil, or misuse the vehicle; any such damage is the Passenger's liability towards the Driver.
• 6.4The Passenger shall wear a seat-belt at all times and comply with all reasonable safety instructions.
• 6.5The Passenger shall treat the Driver and other occupants with dignity and shall not engage in any conduct prohibited under the Code of Conduct in Section 15.

• 7.1 The Platform is strictly for peer-to-peer, non-commercial carpooling. The amount paid by a Passenger is a Contribution (not a fare) limited to direct trip costs. The Driver is not in the business of transport for hire or reward.
• 7.2 Any attempt by a Driver to operate a commercial taxi / ride-hailing / stage-carriage / contract-carriage business using the Platform is a material breach. The Driver shall be solely and exclusively liable for any RTO/tax/insurance/criminal/regulatory consequence of such misuse.
• 7.3 The Company positions the Platform outside the scope of the Motor Vehicles Aggregator Guidelines, 2020, but reserves the right to seek appropriate registrations if required by any competent authority in future.

• 8.1 A booking is confirmed only upon successful payment authorisation and issuance of a booking confirmation by the Platform.
• 8.2 OTP Verification (Mandatory). A Ride may commence only after the Driver successfully verifies the OTP shared with the Passenger. Any ride undertaken without OTP verification is an "Off-Platform Trip", falls entirely outside the scope of these Terms, and the Company shall have zero responsibility or liability in relation to it.
• 8.3 Sharing OTPs, credentials, or booking confirmations with unauthorised persons is strictly prohibited.

• 9.1 Contribution. Per-seat Contribution is displayed before booking and calculated within the caps set by the Platform so that the Driver does not profit.
• 9.2 Service Fee. The Company charges a Service Fee for facilitating bookings, payments, support, and verification. It is disclosed transparently before payment.
• 9.3 GST & Taxes. Applicable GST and statutory levies are displayed and collected in addition to the Service Fee, and remitted by the Company to the appropriate authority.
• 9.4 Currency. All amounts are in Indian Rupees (INR).

• 10.1 Payments are processed exclusively through Razorpay Software Private Limited (or any other PCI-DSS-compliant payment service provider the Company may appoint). Cash payment on the Platform is not permitted.
• 10.2 Payment authorisation at booking charges the Contribution, Service Fee, and applicable taxes to the selected instrument.
• 10.3 The Company settles the net Contribution to the Driver's verified bank account on the published payout schedule. The Company may withhold settlement for fraud, chargeback, dispute, or regulatory reasons.
• 10.4 Transaction failures, chargebacks, and unauthorised-transaction claims are governed by RBI guidelines and the policies of Razorpay and the issuing bank.

• 11.2 Liquidated Damages. Cancellation fees are a genuine pre-estimate of loss and are charged as liquidated damages under Section 74 of the Indian Contract Act, 1872. A User may seek a reasonableness adjustment where the fee is demonstrably and unreasonably disproportionate to actual loss.
• 11.3 Refund Timeline. Refunds, where due, are credited to the original payment instrument within the timelines of the bank/payment gateway (typically 5–10 working days).
• 11.4 Driver Cancellation / No-Show. Passenger receives a full refund if the Driver cancels or fails to arrive within a reasonable grace period.

• 12.1 Every Driver must maintain a valid third-party motor insurance policy for the duration of every Ride (Section 146, Motor Vehicles Act, 1988). The Driver warrants such insurance is in force and is primary for all bodily-injury and third-party property-damage claims.
• 12.2 The Company is not an insurer and does not underwrite any risk. Any optional in-trip cover offered through a licensed insurer is governed by that insurer's documentation, not these Terms.

• 13.1 The Platform may offer live trip tracking, trusted-contact sharing, an SOS button, and a support helpline. These features are provided on a reasonable-efforts basis only, depend on network / device / third-party availability, and do not guarantee any outcome.
• 13.2 In emergencies, Users must contact appropriate emergency services (Police — 112). The Platform's SOS is supplemental and is not a substitute for such services.

In compliance with Rule 3(2) and Rule 4 of the Intermediary Rules 2021:

Users may also approach the Grievance Appellate Committee under Rule 3A at https://gac.gov.in.

You shall not:

• 15.1engage in harassment, intimidation, violence, or discrimination against any person on the Platform or during a Ride, including but not limited to discrimination on the grounds of race, religion, caste, sex, gender identity, sexual orientation, place of birth, language, disability, age, or marital status;
• 15.2carry weapons, explosives, narcotics, or any illegal objects;
• 15.3smoke, consume alcohol, or use intoxicants during a Ride except as expressly permitted;
• 15.4circumvent the Platform's booking and payment flow (off-platform soliciting);
• 15.5impersonate or misuse another person's identity or Account;
• 15.6upload or transmit any content that is unlawful under Rule 3(1)(b) of the Intermediary Rules 2021 (including defamatory, obscene, pornographic, paedophilic, hateful, racially or ethnically objectionable, or invasive-of-privacy content);
• 15.7interfere with the Platform's security, reverse-engineer, decompile, scrape, or introduce malware;
• 15.8commit fraud, misrepresentation, or any violation of Indian law, regulation, or third-party rights.

The Company may — without prejudice to any other right — investigate suspected breach, remove content, suspend or terminate Accounts, retain forensic evidence, and cooperate with law-enforcement authorities.

• 16.1 Data Fiduciary. The Company is a "Data Fiduciary" in respect of personal data processed on the Platform.
• 16.2 Lawful Basis. Personal data is processed only for disclosed purposes on the basis of consent or another lawful basis under the DPDP Act.
• 16.3 Security. The Company implements reasonable security safeguards: AES-256 encryption at rest for sensitive fields, TLS in transit, access controls, and audits.
• 16.4 User Rights. Users may exercise the rights of access, correction, erasure, grievance redressal, and nomination by writing to info@swenid.com.
• 16.5 Retention. Personal data is retained only as long as necessary for the services, legal compliance, dispute resolution, and enforcement of these Terms.
• 16.6 The full processing details are set out in the Privacy Policy, which is an integral part of these Terms.

• 17.1 All intellectual property in the Platform — including the mark "The Ride Sharing", the Swenid logo, software, source code, designs, UX, databases — is owned by or licensed to the Company.
• 17.2 You are granted a limited, personal, non-exclusive, non-transferable, revocable licence to use the Platform for its intended purpose only.
• 17.3 No reverse engineering, decompilation, sublicensing, scraping, or derivative works are permitted without prior written consent.

• 18.1 You retain ownership of content you upload (profile photo, reviews, ratings, messages). You grant the Company a worldwide, royalty-free, sub-licensable, transferable licence to host, display, reproduce, modify (for formatting only), and distribute such content for operating and improving the Platform.
• 18.2 You warrant that you have the right to upload such content and that it does not violate any law or third-party right.

• 19.1 The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, the Company disclaims all warranties, express or implied, including fitness for purpose, merchantability, accuracy, and non-infringement.
• 19.2 The Company does not warrant that the Platform will be uninterrupted, timely, error-free, secure from every vulnerability, or free from disruption.
• 19.3 Verification performed by the Company is reasonable-efforts only and does not guarantee the safety, character, competence, driving skill, medical fitness, or suitability of any Driver, Passenger, or vehicle.
• 19.4 Reviews, ratings, content, and information appearing on the Platform are provided by Users and are not endorsed by the Company.

• 20.2 Financial Cap. Subject to Section 20.4, and to the maximum extent permitted by law, the aggregate liability of the Company and its directors / officers / employees / affiliates arising out of or in connection with your use of the Platform shall not exceed the greater of (a) the total Service Fee paid by you to the Company in the three (3) months immediately preceding the claim, or (b) INR 5,000.
• 20.3 No Indirect or Consequential Losses. The Company is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of data, loss of goodwill, loss of opportunity, or reputational harm.
• 20.4 Statutory Carve-Outs (required by law). Nothing in this Section limits liability that cannot be excluded under Indian law, including liability for: (i) fraud or fraudulent misrepresentation by the Company; (ii) death or personal injury caused by the Company's own gross negligence; (iii) rights under the Consumer Protection Act, 2019 that cannot be contracted out of; and (iv) statutory rights under the DPDP Act, 2023.
• 20.5 Assumption of Inherent Risks. Users acknowledge that travel in a motor vehicle involves inherent risks. Subject to Section 20.4, by using the Platform, Users voluntarily assume the ordinary risks of road travel to the extent permitted by law.

You shall indemnify, defend, and hold harmless the Company, its affiliates, directors (including Jainam Patel and Sweta Nidhil Patel), officers, employees, and agents from and against all third-party claims, suits, investigations, fines, penalties, damages, losses, and reasonable legal costs arising out of or relating to:

• 21.1your breach of these Terms or any Platform Policy;
• 21.2your violation of any applicable law, regulation, court order, or third-party right;
• 21.3your negligence, recklessness, or wilful misconduct, including during any Ride;
• 21.4any content you upload to the Platform;
• 21.5any tax, RTO, transport, or insurance liability arising from your misuse of the Platform as a commercial transport service.

This indemnity survives termination.

• 22.1 The Company may, with or without notice as circumstances require, suspend, restrict, or terminate your Account for: breach of these Terms / Platform Policies; false or forged documents; suspected fraud, safety risk, or violation of law; non-payment or successful chargeback; prolonged inactivity.
• 22.2 You may terminate your Account by written request to info@swenid.com, subject to settlement of outstanding dues and legal retention requirements.
• 22.3 Sections 16 (Privacy), 17 (IP), 19 (Disclaimer), 20 (Liability), 21 (Indemnity), 23 (Dispute Resolution) and 24 (Governing Law) survive termination.

• 23.1 Internal Resolution First. Disputes shall first be raised with the Grievance Officer (Section 14).
• 23.2 Arbitration. Disputes unresolved after 30 days shall be referred to sole-arbitrator arbitration under the Arbitration and Conciliation Act, 1996, seated at Himatnagar, Gujarat, conducted in English (with Gujarati/Hindi interpretation if required). The award is final and binding.
• 23.3 Consumer Rights Preserved. Nothing in this Section takes away any remedy a consumer has under the Consumer Protection Act, 2019.

These Terms are governed by the laws of India. Subject to Section 23, the courts at Himatnagar, District Sabarkantha, Gujarat have exclusive jurisdiction.

Neither party is liable for non-performance (other than payment of money) caused by events beyond reasonable control, including acts of God, flood, earthquake, epidemic, pandemic, war, terrorism, strike, riot, civil disturbance, government action, cyber-attacks, or failure of telecommunications or internet service providers.

The Company may amend these Terms from time to time. Material changes will be posted on the Platform with a new "Last Updated" date and, where practicable, notified by in-app notice or email. Continued use after the effective date constitutes acceptance. If you do not agree, discontinue use.

• 27.1 You consent to electronic communications (email, SMS, push, in-app). Electronic communications satisfy any writing requirement.
• 27.2 Clicking "I Agree" at sign-up (or any subsequent use after an amendment) constitutes a legally enforceable click-wrap agreement under Section 10A of the IT Act and the Indian Contract Act, 1872.

• Assignment. You may not assign without our written consent. We may assign to an affiliate or successor.
• Severability. Any invalid provision shall be modified to the minimum extent necessary; the rest continues in force.
• Waiver. No delay in exercising a right is a waiver.
• Entire Agreement. Together with the Privacy Policy and Cancellation Policy, this constitutes the entire agreement.