Legal:

Terms and Conditions of Use

 

1. Agreement to terms

These Terms and Conditions constitute a Voluntarily agreement made between you, whether personally or on behalf of an entity (“you”), Sevadaari App (”Sevadaari”, “we,” “us” or “our” and “Volunteer”), concerning your access to and use of the Sevadaari app as well as any other media form, media channel, mobile web app or mobile application related, linked, or otherwise connected thereto (collectively, the “app”). You agree that by accessing the app, you have read, understood, and agree to be bound by all of these Terms and Conditions of Use. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE app NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS APP, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS app, IS TO STOP USING THE APP AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS app.

Supplemental terms and conditions or documents that may be posted on the app from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the app after the date such revised Terms are posted.

The information provided on the app is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the app from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the app. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the app.

 

2. Description of Services

We make ride services available on the app including, but not limited to, a ride requesting system which connects registered transportation team volunteer(s) and jamati members registered on this app to transport the jamati members listed in the ride request to their local Ismaili center and Jamatkhana, and other places like hospital, grocery assistance and other government administration offices. Sevadaari App does not itself provide transportation services. The app acts as an intermediary between you and the jamati member(s) who request the rides to be transported to the closest Ismaili center and Jamatkhana. As such, Sevadaari App is not a party to any contract for the provision of transportation services and accepts no responsibility for the actions or inactions of the individual transportation team and its volunteers that provide the voluntary transportation services. By using the Sevadaari App to accept the ride request, you set an expectation with a jamati member voluntarily helping them. Sevadaari App takes no responsibility whatsoever in relation to such voluntary service to the entire ride process which are exclusively between you and the Jamati member who requested the ride and you accepted to voluntarily transport the jamati member(s) to the Jamatkhana. You agree and acknowledge that you shall hold Sevadaari and the jamati member(s) harmless from any losses sustained by you or harm caused to you relating to your voluntary ride service. The Sevadaari App area administrator that provides you with the directions is solely responsible for addressing and, where appropriate, settling all the issues in respect of the voluntary ride service.

Tech Grow, the Sevadaari App provider reserves the sole right to either modify or discontinue the app, including any of the app’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this app shall also be subject to these Terms of Use.

 

3. Intellectual property rights

By using the app, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the app; (5) you will not access the app through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the app for any illegal or unauthorized purpose; and (7) your use of the app will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the app (or any portion thereof). The information you provide us will NOT be shared with any third parties for any purpose whatsoever. The information we obtain through your use of this app, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

 

4. User registration

You may be required to register with the app. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

5. Prohibited activities

You may not access or use the app for any purpose other than that for which we make the app available. The app may not be used in connection with any commercial endeavors or any reasons other than the voluntary ride you will provide to the jamati member(s) from their provided address to the closest Ismaili Center and Jamatkhana and vice versa. As a user of the app, you agree not to:

1. Systematically retrieve data or other content from the app to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.2. Make any unauthorized use of the app, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use the app to advertise or offer to sell goods and services.
4. Circumvent, disable, or otherwise interfere with security-related features of the app, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the app and/or the Content contained therein.
5. Engage in unauthorized framing of or linking to the app.
6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
7. Make improper use of our support services or submit false reports of abuse or misconduct.
8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
9. Attempt to impersonate another user or person or use the username of another user.
10. Sell or otherwise transfer your profile.
11. Use any information obtained from the app in order to harass, abuse, or harm another person.
12. Use the app as part of any effort to compete with us or otherwise use the app and/or the Content for any revenue-generating endeavor or commercial enterprise.
13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the app.
14. Attempt to bypass any measures of the app designed to prevent or restrict access to the app, or any portion of the app.
15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the app to you.
16. Delete the copyright or other proprietary rights notice from any Content.
17. Copy or adapt the app’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code as part of the Sevadaari App complete development cycle.
18. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
19. Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the app, or using or launching any unauthorized script or other software.
20. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the app.
21. Use the app in a manner inconsistent with any applicable laws or regulations.

 

6. Mobile applications use license

If you access the app via a mobile application, then we grant you a revocable, nonexclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice posted by us or the provider of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environmental permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any webapp or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

 

7. Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the app: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

 

8. Third Party and Social media account

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. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You can deactivate the connection (if any) between the app and your Third-Party Account through your account settings in your Third-Party Account.

 

9. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the app (“Submissions”) provided by you to us are voluntary by you and non-confidential. It shall become our resource to further improve and enhance the app service for its beneficiaries. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

10. App management

We reserve the right, but not the obligation, to: (1) monitor the app for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the app or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the app in a manner designed to protect our rights and property and to facilitate the proper functioning of the app.

 

11. Security and password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

 

12. Privacy policy

We care about data privacy and security. Please review our Privacy Policy “Sevadaari App’s Privacy Policy”. By using the app, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

 

13. Term and termination

These Terms of Use shall remain in full force and effect while you use the app. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE app (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

We also reserve the right to delete your account and all the data stored on your account without prior notice if you haven’t used the app to request a ride in the last 12 months. If we terminate or suspend your account for any reason other than inactivity, as described above, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

 

14. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the app at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our app. We also reserve the right to modify or discontinue all or part of the app without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the app.
We cannot guarantee the app will be available at all times. We may experience hardware, software, or other problems or may need to perform maintenance related to the app, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the app at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the app during any downtime or discontinuation of the app. Nothing in these Terms of Use will be construed to obligate us to maintain and support the app or to supply any corrections, updates, or releases in connection therewith.

 

15. Governing law and disputes

These Terms and Conditions of Use and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the United States of America, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction. You agree to get into a discussion with the area administrator and attempt to resolve the matter and if necessary choose to arbitrate the matter between the concerned parties.

 

16. Corrections

There may be information on the app that contains typographical errors, inaccuracies, or omissions that may relate to the app, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the app at any time, without prior notice.

 

17. Disclaimer

THE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP’S CONTENT OR THE CONTENT OF ANY WEBAPPS LINKED TO THIS APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP.

 

18. Limitations of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS APP OR OF ANY WEB APP REFERENCED OR LINKED TO FROM THIS APP.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THIS APP OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS APP, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

FURTHERMORE, SEVADAARI APP AND ITS DEVELOPING COMPANY TECH GROW WILL NOT BE RESPONSIBLE FOR DAMAGE, LOSS, OR INJURY RESULTING FROM (A) UNAUTHORIZED ACCESS TO, OR HACKING OR TAMPERING OF, YOUR ACCOUNT OR THE INFORMATION THEREIN, (B) UNAUTHORIZED ACCESS TO OR USE OF SEVADAARI APP’S SERVERS AND ANY PERSONAL INFORMATION STORED THEREIN, OR (C) BUGS, VIRUSES, TROJAN HORSES, MALWARE, OR OTHER DESTRUCTIVE CODE(S).

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. IF YOU ARE NOT SATISFIED WITH THE SERVICES, THE SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SERVICES.

 

19. Indemnification

You understand that Sevadaari App is developed solely for the purpose of providing voluntary services to the volunteers to transport jamati members from their provided addresses to the closest jamatkhana(s) and you agree to indemnify, defend, and hold harmless Sevadaari App, its, developers, subsidiaries, agents, licensors, managers, consultants, officers, directors, employees, contractors, advisors, affiliates, and partners (collectively “Affiliates”) and jamati member(s) from and against all claims, losses, liability, expenses, damages, judgments, awards and costs (including reasonable attorney’s fees), related to or arising from (1) any breach of these Terms of Use, (2) the your use or misuse of any intellectual property rights, material or information owned, posted, provided, transmitted or otherwise made available to you by Sevadaari App, (3) your access to or use of the app and its related content, (4) your violation of any third-party right, including intellectual property and privacy rights, (5) your violation of a law, rule, or regulation, (6) another party’s use of the app using your account, or (7) any overt harmful act toward any other user of the app with whom you connected via the app.

Notwithstanding the foregoing, Sevadaari App reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Sevadaari App’s, its, developers, subsidiaries, agents, licensors, managers, consultants, officers, directors, employees, contractors, advisors, affiliates, and partners (collectively “Affiliates”) defense of such matter.

Driver Waivers, Warranties, and Agreements
By providing Voluntary Services as a volunteer on Sevadaari App platform, you represent, warrant, waive and agree that:

a. You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals, and authority to provide transportation to the jamati members within your jurisdictions in which you provide volunteer services.
b. You own, or have the legal right to operate, the vehicle you use when providing volunteer services; such vehicle is in good 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, and any and all applicable safety recalls have been remedied per manufacturer instructions.
c. You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing volunteer services, provide services as a volunteer driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the jamat or the community or third parties.
d. You will only provide volunteer services using the vehicle that has been registered to or reported to, and approved by Sevadaari App, and for which your vehicle Make, Model, Year, Color, Type, identification number and License Plate has been provided to Sevadaari App, and you will not transport more passengers than can securely be seated in such vehicle.
e. You will not, while providing the voluntary services, operate as a public or common carrier or taxi service, accept street hails, charge for ride request and will not demand that a jamati member pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under the conduct of volunteer services and this Agreement.
f. You will not attempt to defraud Sevadaari App and your area administrator in connection with your provision of Voluntary Services. If we suspect that you have engaged in fraudulent activity we may take action against you including the termination of app user privilege.
g. You will not discriminate against those with disabilities and agree to perform the volunteer services under the guidance of your transportation team area administrator. You will also accommodate Jamati members with special needs who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car’s trunk or backseat.
h. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
i. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide the voluntary services on the Sevadaari App.
j. You will pay all applicable federal, state, and local traffic violation or citation fees that will occur during the volunteer services you will be providing to the Jamati member(s)
k. You will be responsible to pay all the Toll Expenses and gate pass expenses
l. You will carry your valid Insurance card or declaration page with state minimum liability insurance requirement all the time and will be assuming financial responsibility for any damage of any property and bodily injury of any person(s) whether as a passenger or not results of your driving while servicing the Jamati member(s).
m. Expectations: Your area administrator expects you to keep your car filled with enough gas, mechanically well maintained, clean in condition, and for you to have a professional appearance while servicing voluntarily to the jamati member(s).

 

Disclaimers; Waiver; Release; Limitation of Liability

(a) YOUR USE OF THE SEVADAARI APP SERVICE IS ENTIRELY VOLUNTARY. BY USING THE SEVADAARI APP SERVICE, YOU ASSUME ALL RISKS OF INJURY, LOSS OF LIFE, AND DAMAGE TO PERSON AND PROPERTY THAT MAY OCCUR IN CONNECTION WITH THE SEVADAARI APP SERVICE. YOU HAVE FULL KNOWLEDGE OF THE RISKS AND DANGERS INVOLVED IN VOLUNTARY TRANSPORTING JAMATI MEMBERS TO THEIR REQUESTED JAMATKHANAS AND OTHER PLACES WHERE JAMATI MEMBERS NEED ASSISTANCE. YOU AND OTHERS, INCLUDING RISKS, DAMAGES, AND INJURIES THAT MAY ARISE FROM THE NEGLIGENCE OF OTHERS OR AS A RESULT OF ROADWAY CONDITIONS.
(b) Release. IN CONSIDERATION OF THE USE OF THE SEVADAARI APP SERVICE, YOU, ON BEHALF OF YOURSELF AND ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND LEGAL REPRESENTATIVES FOREVER RELEASE, RELINQUISH, AND DISCHARGE (I) Sevadaari App, ITS OFFICERS, DIRECTORS, RIDERS, MANAGERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES, STOCKHOLDERS; AND (II) ALL SEVADAARI APP AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, DISPUTES, LOSSES, LIABILITIES, DEBTS, LIENS, CHARGES, PENALTIES, PROCEEDINGS, CAUSES OF ACTION, AND DAMAGES, INCLUDING FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, INJURY TO YOU OR TO THIRD PARTIES, INCLUDING UNKNOWN OR UNANTICIPATED CLAIMS, (COLLECTIVELY, “CLAIMS”) WHICH ARISE FROM OR ARE RELATED DIRECTLY OR INDIRECTLY TO THIS AGREEMENT OR THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE SEVADAARI APP SERVICE (INCLUDING SEVADAARI APP EQUIPMENT), INCLUDING ANY AND ALL CLAIMS RELATED TO THE SOLE OR PARTIAL NEGLIGENCE, (EXCEPT, TO THE EXTENT REQUIRED BY LAW, GROSS NEGLIGENCE AND WILLFUL MISCONDUCT) OF SEVADAARI APP OR THE SEVADAARI APP AFFILIATES.
(c) Waiver. YOU ACKNOWLEDGE AND AGREE THAT SEVADAARI APP AND THE SEVADAARI APP AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIMS, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (I) ANY RISK OR HAZARD DESCRIBED IN THIS AGREEMENT; (II) YOUR USE OF OR INABILITY TO USE THE SEVADAARI APP SERVICE, INCLUDING ANY SEVADAARI APP EQUIPMENT; (III) YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW; (IV) YOUR NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION; (V) YOUR FAILURE TO USE A SAFETY BELT AND EQUIPMENT WHILE USING
THE SEVADAARI APP SERVICE; OR (VI) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS.
(d) Limitation of Liability. UNDER NO CIRCUMSTANCES WILL SEVADAARI APP OR THE
SEVADAARI APP AFFILIATES BE LIABLE TO YOU, ANY RIDER, OR ANY THIRD PARTY FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR
RELATED TO THIS AGREEMENT OR USE OF THE SEVADAARI APP SERVICE. WITHOUT LIMITING THE FOREGOING, SEVADAARI APP AND THE SEVADAARI APP AFFILIATES SHALL HAVE NO LIABILITY FOR ANY LOSS OF, OR DAMAGE TO, ANY GOODS ON THE VEHICLE, ANY LOSS, DAMAGE, OR INJURY RESULTING TO THIRD PARTIES FROM THE USE OF SEVADAARI APP EQUIPMENT OR VEHICLE ACCESSORIES SUPPLIED BY YOU.
(e) Acknowledgement. YOU REPRESENT AND WARRANT THAT YOU HAVE READ THIS CONTRACT AND FULLY UNDERSTAND THAT BY ACCEPTING THIS AGREEMENT OR USING THE SEVADAARI APP SERVICE, YOU ARE GIVING UP LEGAL RIGHTS AND/OR REMEDIES THAT MAY OTHERWISE BE AVAILABLE TO YOU.
YOU ACKNOWLEDGE AND UNDERSTAND THAT THIS SECTION REMOVES OR LIMITS OUR LIABILITY FOR NEGLIGENCE WHERE PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY FOR CERTAIN TYPES OF DAMAGES OR THE EXCLUSION OF IMPLIED WARRANTIES. THIS AGREEMENT DOES NOT WAIVE OR LIMIT ANY RIGHTS OR OBLIGATIONS NOT ALLOWED BY LAW AND WE DO NOT REQUEST THAT YOU WAIVE OR LIMIT ANY SUCH RIGHTS. IF ANY OF THE FOREGOING RESTRICTIONS APPLY, THEN THE ABOVE WAIVERS, DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN SUCH STATES OR JURISDICTIONS.

 

20. User data

We will maintain certain data that you transmit to the app for the purpose of managing the app, as well as data relating to your use of the app. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the app. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

21. Electronic communications, transactions, and signatures

Visiting the app, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the app, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

22. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the app constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the app. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this app, or use of or access to this app.

The use of Google Maps features and content in the Services is subject to the current versions of the: Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy.

 

23. Contact us

In order to resolve a complaint regarding the app or to receive further information regarding the use of the app, please contact us through our contact form on the Sevadaari App or reach out to your area program administrator.