TERMS OF SERVICE


1.Introduction


1.1 Overview:

Yatri Mitra ("the App") is a digital platform developed and operated by Metazen Labs Private Limited ("Metazen Labs","we," "our," "us"). The App facilitates connections between passengers ("Users") and licensed auto-rickshaw operators only ("Drivers"). Our goal is to improve the travel experience by offering a digital interface that connects drives with the passengers and vice versa. Users can search drivers/vehicles based on their location, while Drivers receive ride requests to accept or decline based on their availability. Yatri Mitra solely acts as an interface for communication and does not own or operate any vehicles directly.


1.2 Binding Agreement:

These Terms and Conditions ("Terms") constitute a legally binding agreement between Users, Drivers, and Metazen. By accessing or using the App, Users and Drivers confirm they have read, understood, and agreed to abide by these Terms. If you disagree with any part of these Terms, you must immediately cease using the App. Continued use of the App constitutes acknowledgment and acceptance of these Terms in their entirety.


1.3 Amendments:

Metazen reserves the right to revise these Terms at any time to reflect changes in legal requirements, technological advancements, or operational updates. Revised Terms will be published on the App and communicated to registered Users via email or in-app notifications. Users and Drivers are encouraged to review the Terms periodically. Failure to accept revised Terms will result in restricted access to the App


2. Eligibility


2.1 Users:

To use the Yatri Mitra App, Users must:


2.2 Drivers:

To register as a Driver on Yatri Mitra, individuals must:


2.3 Exclusions:

Metazen reserves the right to reject or suspend the accounts of Users or Drivers who fail to meet eligibility criteria, violate these Terms, or engage in activities deemed inappropriate, illegal, or harmful to the platform’s integrity.


3. Registration and Accounts


3.1 User and Driver Registration:

Both Users and Drivers are required to create accounts on the App. Registration involves providing:


3.2 Verification Process:

To enhance trust and safety, Metazen may conduct verification checks on Drivers, including police verification and validation of licenses and permits with local authorities. Users’ mobile numbers may be verified through OTP (One-Time Password). Incomplete or unverified accounts may have restricted functionality until all necessary documents and verifications are completed.


3.3 Account Security:

Users and Drivers must safeguard their login credentials. Sharing credentials with others is strictly prohibited. If unauthorized access or fraudulent activity is suspected, the account holder must notify Metazen Labs immediately. The company is not liable for damages caused by negligence in maintaining account security.


3.4 Multiple Accounts:

Creating multiple accounts is prohibited unless explicitly authorized by Metazen Labs Pvt. Ltd. Violations may result in account suspension. For this purpose only one account may be created per device, per mobile number, per vehicle. A single person may not create multiple accounts.


4. App Usage Guidelines


4.1 Permitted Use:

The App is designed exclusively for connecting Users and Drivers for ride-hailing purposes. Any other use, including unauthorized marketing, data scraping, or fraudulent activities, is prohibited. Misuse of the platform may result in legal action.


4.2 Prohibited Activities:

Prohibited activities include:


4.3 User Responsibilities:

Users must:


4.4 Driver Responsibilities:

Drivers must:


5. Services and Limitations


5.1 Service Scope:

Yatri Mitra acts as a communication facilitator between drivers and users and does not guarantee the availability of rides at all times. The company does not assume liability for the quality of the rides or the conduct of Users and Drivers.



5.2 Service Interruptions:

Services may be disrupted due to technical issues, maintenance, or external factors beyond the company’s control, such as natural disasters. While Metazen Labs Private Limited will strive to resolve issues promptly, no guarantees are provided for uninterrupted service.



5.3 Additional Services:

The App may include features like ride history, live tracking, and fare estimation. These features are provided as a convenience and are not legally binding representations.


6. Payment Terms


6.1 Subscription charges:

Drivers shall pay a nominal daily fee as set by Metazen to access the Yatri Mitra. Drivers can opt to pay for a weekly subscription plan. All payments are required to be made in advance.



6.2 Fares:

Fares estimates if at all shared are calculated based on distance, time, and applicable local tariffs. Metazen Labs does not determine fares. Users need to pay pares directly to the driver as per the meter display. Users need to take care that ride is metered and that driver has begun the ride from zero. Fare is subject to change depending on external conditions such as traffic or route alterations.



6.3 Payment Methods:

Users need to pay directly to the drivers. Users shall carry sufficient cash in change to pay the fares. Users are required to confirm the mode of payment. Payments cannot be made through the App. Metazen does not hold liability for any transactions or unauthorized charges arising from the rides or use of external payment modes.


6.4 Refunds:

As no amount is collected by Metazen from the Users, Metazen takes no responsibility for any refund of any payment made by users to driver or any person at behest of the driver.


6.5 Driver Earnings:

Metazen does not guarantee and returns or earnings or number of rides to the driver. These is not within the control of Metazen. Same is absolutely based on the number of Users actively looking for rides and Drivers actively looking for passengers while using the app in particular location so also on their willingness to accept the ride or passenger


7. Cancellation and No-Show Policies


7.1 User Cancellations:

Users may cancel rides before the Driver arrives at the pickup location. However, frequent cancellations may result in penalties, including a nominal cancellation fee or account restrictions.



7.2 Driver Cancellations:

Drivers are expected to fulfill accepted ride requests. However, if cancellations are unavoidable (e.g., emergencies, vehicle breakdowns), Drivers must notify Users promptly. Excessive cancellations by Drivers may impact their ratings and lead to temporary account suspension.



7.3 No-Show Policy:

If a User fails to show up at the pickup location within ten (10) minutes of the scheduled time, the Driver may cancel the ride and charge a no-show fee. Similarly, Drivers who fail to arrive at the pickup location without valid justification may face penalties.


8. Data Privacy and Security


8.1 Data Collection:

Yatri Mitra collects data necessary for the functionality of its services. This includes personal identification details such as name, contact information, and payment details. Location data is also collected to facilitate ride coordination and ensure seamless service delivery. All collected data is handled in compliance with applicable laws and regulations.



8.2 Purpose of Data Collection:

The data collected by Yatri Mitra is used for several key purposes. It enables us to facilitate ride bookings and resolve disputes effectively. Additionally, we may use the data to improve service quality and comply with legal obligations, including responding to law enforcement requests.



8.3 Data Sharing:

Metazen Labs Private Limited may share user data with third parties under strict confidentiality agreements. We do not sell or disclose personal information to unauthorized entities.


8.4 User Consent:

By using the App, users consent to the collection, processing, and sharing of data as outlined in these Terms and the Privacy Policy. Users may withdraw their consent by deactivating their account through the App. However, some data may be retained to meet legal or compliance obligations for a defined period.


8.5 Data Security:

We implement advanced security measures, including SSL/TLS encryption and secure servers, to protect user data. While we take every reasonable precaution to safeguard data, absolute security cannot be guaranteed due to inherent risks in digital environments. Users are encouraged to safeguard their account credentials and promptly report any suspected security breaches.


9. Disclaimers and Limitation of Liability


9.1 General Disclaimer:

Yatri Mitra is provided by Metazen Labs Private Limited on an “as-is” and “as-available” basis. While we strive to maintain service reliability and functionality, we do not guarantee uninterrupted or error-free operation. Technical issues, maintenance, or unforeseen circumstances may occasionally disrupt services.



9.2 Third-Party Liability:

Metazen is not responsible for the actions or conduct of users or drivers on the platform. This includes any misconduct, negligence, or unprofessional behavior that may occur during a ride or otherwise. Furthermore, we disclaim liability for accidents, damages, or disputes arising from fare or cancellation disagreements.



9.3 Limitation of Liability:

Our liability is limited to the total service fees collected from the user or driver during the month preceding the incident in question. This limitation applies to claims for damages arising from the use of the App or related services.


9.4 Force Majeure:

Metazen Labs Private Limited is not liable for service interruptions caused by events beyond its reasonable control. Such events may include natural disasters, strikes, cyberattacks, or government-imposed restrictions.


10. Indemnification


10.1 User Indemnity:

Users agree to indemnify and hold harmless Metazen against any claims, damages, or liabilities arising from their misuse of the App. This includes breaches of these Terms, violations of local laws, and any harm caused to third parties through the user’s actions.



10.2 Driver Indemnity:

Drivers agree to indemnify and hold harmless Metazen against any claims or liabilities arising from traffic violations, unprofessional behavior, or non-compliance with platform policies. This ensures the integrity and trustworthiness of the service.



10.3 Company Indemnity:

Metazen will indemnify users and drivers for damages or losses directly caused by gross negligence or willful misconduct on its part. This indemnity underscores our commitment to accountability and service quality.


11. Intellectual Property Rights


11.1 Ownership:

All intellectual property rights related to the Yatri Mitra brand, including its name, logo, and software, are owned exclusively by Metazen Labs Private Limited. Unauthorized use, reproduction, or distribution of these assets is strictly prohibited and may result in legal action.



11.2 License to Use:

Users and drivers are granted a limited, non-transferable license to use the App solely for its intended purposes. This license does not grant any ownership rights or permission to modify the App’s content or software.



11.3 Restrictions:

Users and drivers must not reverse-engineer, distribute, or exploit the App’s software without prior written consent from Metazen. Any attempt to do so will be considered a violation of these Terms and may lead to legal consequences.


12. Termination of Accounts


12.1 Termination by User:

Users may deactivate their account through the App or by submitting a written request to customer support. Upon account deactivation, access to services will be discontinued immediately, and any ongoing bookings will be cancelled.


12.2 Termination by Metazen:

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent or illegal activities, or compromise the integrity of the platform. Examples include identity theft, repeated cancellations without valid reasons, or abuse of the system.


12.3 Effect of Termination:

Following account termination, all rights granted under these Terms will cease. However, data required for legal or compliance purposes will be retained for the duration specified under applicable laws.


13. Dispute Resolution


13.1 Arbitration:

All disputes arising from these Terms will be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 1996. Arbitration proceedings will be conducted in English in Thane City, Maharashtra, India. The decision of the arbitrator shall be final and binding.


13.2 Jurisdiction:

For disputes that cannot be resolved through arbitration, the courts in Thane City, Maharashtra, India, shall have exclusive jurisdiction. This provision ensures consistency and fairness in legal proceedings.


14. Miscellaneous


14.1 Force Majeure:

Metazen is not liable for delays or failures caused by unforeseen events beyond its control. These events include but are not limited to natural disasters, strikes, cyberattacks, and government-imposed restrictions.



14.2 Severability:

If any provision of these Terms is deemed invalid or unenforceable by a court of law, the remaining provisions shall remain in full force and effect. This ensures the continued applicability of the agreement.



14.3 Entire Agreement:

These Terms constitute the entire agreement between users, drivers, and Metazen Labs Private Limited, superseding any prior communications or understandings. Any changes to these Terms will be communicated through the App.


14.4 Contact Information:

For Grievance, data consent, support, queries, or feedback, users may contact us:

Grievance/ Data Consent Manager: Sujata Kotian

Email: support@metazenlabs.com

Phone: +91 98673 70312