Terms and conditions

1. Acceptance of Terms

Welcome to Sawari.

Sawari is a mobility platform operated by the applicable Terragreen entity identified above. Sawari enables users to discover, request, offer, arrange and participate in shared journeys and related mobility services.

By creating an account, accessing or using Sawari, you acknowledge that you have read and agree to these Terms and Conditions and the applicable policies referenced in them.

If you do not agree with these Terms, you must not create or use a Sawari account.

Where required by applicable law, specific activities may require additional consent, acknowledgement or acceptance.

Creating an account does not mean that Sawari can use your personal data for unlimited purposes. Personal data processing is governed by the Sawari Privacy Policy and applicable law.

2. Eligibility

You must provide accurate information when creating and maintaining your account.

You must:

• provide accurate information;
• keep your account information current;
• protect your login credentials;
• not impersonate another person;
• not create an account using another person's identity;
• comply with applicable laws;
• comply with Sawari's Community Guidelines and Acceptable Use Policy.

Sawari may restrict, suspend or terminate an account where reasonably necessary for safety, fraud prevention, legal compliance, security or violation of these Terms.

3. Sawari is a technology platform

Sawari provides technology and related services intended to facilitate mobility and shared journeys.

Unless expressly stated otherwise, Sawari does not itself represent that it is the owner, driver, passenger, vehicle operator or transportation provider for every journey arranged through the platform.

Where users arrange a shared journey with one another, the relevant users remain responsible for complying with applicable laws and for their own conduct.

Nothing in these Terms creates an employment, agency, partnership, franchise or joint-venture relationship between Sawari and a user solely because that user uses the platform.

4. Riders

Riders must:

• provide accurate pickup and destination information;
• be present at the agreed pickup location;
• behave respectfully;
• follow applicable safety instructions;
• not misuse the platform;
• not request prohibited or unlawful journeys.

A rider must not:

• threaten or harass another user;
• damage a vehicle;
• carry prohibited items;
• use another person's account;
• provide false identity information;
• manipulate or abuse the platform.

5. Drivers / Employee Drivers

Where Sawari permits a user to offer shared journeys, the user must:

• provide accurate vehicle information;
• provide accurate licence and documentation information where requested;
• maintain required vehicle documentation;
• comply with applicable traffic and motor-vehicle laws;
• maintain appropriate insurance where required by law;
• operate the vehicle safely;
• not knowingly provide false information;
• not permit unauthorized persons to operate the vehicle for a Sawari journey.

Sawari may request documentation or verification before allowing a user to offer journeys.

6. Shared Contributions

Where applicable, Sawari may facilitate a shared contribution associated with a shared journey.

The terminology, calculation and collection method may vary depending on the Sawari service.

Sawari does not guarantee that any user will recover any particular amount of vehicle or commuting expense.

Users must not use Sawari to conduct unlawful commercial transportation or circumvent applicable transportation, licensing, taxation, insurance or other legal requirements.

7. Carpool Points

Where Carpool Points are offered:

• they are platform usage credits;
• they are not currency;
• they are not cryptocurrency;
• they are not a bank balance;
• they are not an investment;
• they are not intended to be withdrawn as cash unless expressly permitted by Sawari;
• they may be subject to expiry, limits or other conditions disclosed to users.

Sawari may modify the Carpool Points system subject to applicable law and reasonable notice where required.

8. Account Security

You are responsible for activity conducted through your account unless you have promptly notified Sawari of unauthorized access.

You must notify Sawari if:

• your account is compromised;
• your phone or authentication method is lost;
• you believe someone has accessed your account without permission.

Sawari may require additional verification.

9. User Content

Users may provide:

• profile information;
• photographs;
• vehicle information;
• documents;
• messages;
• reviews;
• reports;
• support communications;
• other information required to use Sawari.

You retain rights you may have in content you submit, subject to the rights necessary for Sawari to operate the service.

You grant Sawari a limited, non-exclusive, worldwide licence to host, store, reproduce, process and display user content as reasonably necessary to provide, secure, maintain and improve the services and comply with law.

Sawari will not treat private identity documents or private communications as public marketing material merely because you upload them.

10. Ratings and Reviews

Where ratings or reviews are available, users must provide genuine and non-abusive feedback.

Reviews must not contain:

• threats;
• hate speech;
• personal attacks;
• discriminatory content;
• deliberately false allegations;
• private information;
• fraudulent reviews.

Sawari may remove content that violates these requirements.

11. Safety

Safety is a core part of Sawari.

Depending on the service and permissions granted, Sawari may provide:

• identity or employee verification;
• vehicle verification;
• trip information;
• live trip features;
• safety reporting;
• SOS/emergency functionality;
• support;
• incident reporting.

However, no technology platform can guarantee that an incident will never occur.

Users remain responsible for exercising reasonable judgment and complying with applicable law.

12. SOS and Emergency Services

SOS functionality, where available, is intended to help initiate an emergency response or notify designated parties.

SOS is not a replacement for contacting emergency services directly where appropriate.

Depending on the situation and available functionality, Sawari may process and disclose relevant information to facilitate safety response, including location and trip information.

13. Prohibited Conduct

You must not use Sawari to:

• commit a crime;
• threaten or harm another person;
• harass or stalk another user;
• impersonate another person;
• create fraudulent accounts;
• manipulate ratings;
• circumvent verification;
• upload malicious software;
• interfere with the platform;
• scrape or extract data without authorization;
• attempt unauthorized access;
• misuse personal information obtained through Sawari;
• arrange unlawful transportation;
• use the platform for prohibited goods or activities.

Sawari may take appropriate action where prohibited conduct is detected or reported.

14. Suspension and Termination

Sawari may suspend, restrict or terminate access where reasonably necessary because of:

• safety concerns;
• fraud;
• security threats;
• legal requirements;
• misuse;
• violation of these Terms;
• violation of platform policies;
• repeated complaints;
• inaccurate or fraudulent information.

Where appropriate, Sawari may provide an explanation or opportunity to resolve the issue, subject to safety, security and legal considerations.

15. Data and Privacy

Your use of Sawari involves processing of personal data.

The Sawari Privacy Policy explains:

• what information we collect;
• why we collect it;
• how it is used;
• who may receive it;
• how long it may be retained;
• how users can exercise applicable rights;
• how users can withdraw consent where consent is the legal basis.

The Privacy Policy forms part of the Sawari legal framework.

16. Deleting your data

You can request deletion of your personal data.

Users may request deletion through the available account/privacy controls or by contacting Sawari.

Sawari will process deletion requests in accordance with applicable law.

However, deletion may not always mean immediate destruction of every copy of information.

Sawari may retain information where necessary or legally permitted for purposes such as:

• compliance with law;
• prevention or investigation of fraud;
• security;
• dispute resolution;
• enforcement of agreements;
• financial/accounting records;
• legal claims;
• safety incidents;
• regulatory requirements.

Where information is required to be retained, Sawari will restrict its use to the applicable purpose and retain it only for the period permitted or required by law.

17. Changes to Terms

Sawari may update these Terms from time to time.

Material changes may be communicated through:

• the application;
• website;
• email;
• other appropriate communication channels.

Your continued use of Sawari after an applicable effective date constitutes acceptance of the updated Terms where permitted by law.

18. Disclaimer

Sawari provides technology and mobility facilitation services.

To the extent permitted by applicable law, Sawari does not guarantee:

• uninterrupted availability;
• that every requested journey will be available;
• that a particular driver or rider will accept a request;
• that another user will behave appropriately;
• that estimated arrival times will always be accurate;
• that GPS information will always be precise;
• that the service will always be error-free.

19. Limitation of Liability

To the maximum extent permitted by applicable law, Sawari and its applicable operating entity will not be liable for indirect, incidental, special, consequential or punitive damages arising from use of the platform.

Nothing in these Terms excludes liability that cannot legally be excluded or limited under applicable law.

20. Governing Law

These Terms shall be governed by the laws of India.

Subject to applicable law, disputes shall be subject to the jurisdiction of the courts having appropriate jurisdiction over the applicable Terragreen entity.