NoArk

TERMS & CONDITIONS

Terms & Conditions

TERMS AND CONDITIONS FOR USERS

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.

GENERAL TERMS

These terms and conditions, including the General Terms and Special Terms along with any agreements executed or accepted by you (“you/ your” or “User” or “Customer”), which are incorporated herein by reference (“Terms”) when you access, use or interact with the mobile application (“NoArk App”) or website available at https://NoArk.bike/ (collectively, “Platform”) whether through a computer or a mobile phone or any other device (“Device”) or avail the Services (defined hereinafter) provided by Roppen Transportation Services Private Limited (“NoArk” / “Company” / “us”, “we” or “our”).

All the Services provided by the Company to you would be by means of your use of the Platform. These Terms will govern the relationship between you and the Company in the course of provision of the Services. These Terms govern your access/interaction or use of the Platform and/or availing of Services.

Please read these Terms carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform, or availing the Services. By using this Platform or availing the Services, you acknowledge that you have read and understood these Terms and agree to be bound by these Terms, without any limitation or qualification. If you do not agree with these Terms, please do not access the Platform or avail the Services.

These Terms expressly supersede prior agreements or arrangements with you. Use of and access to the Platform is offered to you upon the unconditional acceptance by you of all the terms, conditions, and notices contained in these Terms and Privacy Policy (which is incorporated herein by reference),

along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time.
1. SERVICES
  
  We provide the following services (“Services”) to you:
  
  A Platform to facilitate the pick-up and drop off of packages from one location to the other through services offered by third party drivers or vehicle operators (“RIDERs”), (“Package Services”);
  
  A Platform to facilitate the booking of two-wheelers (“Bikes”) three-wheelers (“Autos”)and Four wheelers (“Cars”) (collectively, “Vehicle(s)”) and avail such transportation services provided by the RIDERs (“Transportation Services”); and
  
  Other support services (such as associated payment collection) as offered by NoArk from time to time.
2. YOUR REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
  
  In relation to your use and access of the Platform or for availing the Services, you represent, warrant, and provide the following undertakings:
  
  For the purposes of registration/creation of an account on the Platform, you confirm that you are 18
  
  years of age.
  
  The Service is not available for use by persons under the age of 18. You may not authorize third parties to use Your Account (defined below), and you may not allow persons under the age of 18 to receive Services through RIDERs unless they are accompanied and/or overseen by you. However, you agree to take full responsibility for the use of Services by such minors including in respect of ensuring their safety while availing such Services and NoArk will not be responsible or liable for any consequences arising from the same.
  
  If the Company becomes aware or it acquires credible knowledge that you have misled us regarding your age, then the Company reserves its rights to deactivate the account and you will not be liable to raise any claims including any insurance from the Company.
  
  These Terms impose valid and legally binding obligations on you and are enforceable against you.
  
  You confirm that you neither have had any insolvency proceedings against you nor have you ever been adjudicated insolvent by any court or other authority.
  
  You are not restricted by any legal, regulatory, judicial, quasi-judicial or other authority, to access the Platform or avail the Services, including to enter into transactions contemplated for availing the Services.
  
  You agree to use the Services only for purposes that are permitted by these Terms and in accordance with applicable laws.
  
  By using the Platform or the Services, you authorize NoArk, whether directly or indirectly through third parties, to collect information about you or make any inquiries necessary to validate your identity, in accordance with our Privacy Policy. Please read the Privacy Policy to understand how we collect, process, and share your information, including personal information and sensitive personal data or information (collectively, “Information”).
  
  Further, we may ask you for Information or documents that will allow us to reasonably identify you, requiring you to take steps to confirm your right over your email address or financial instruments, or verifying your Information against third party databases or through other sources. We reserve the right to terminate, suspend, or limit access to the Services in the event we are unable to obtain or verify this Information.
  
  When you provide any Information to NoArk, you agree to provide only true, accurate, current and complete Information. You understand and acknowledge that the responsibility to provide correct Information, including the contact information, bank account details, etc., as required in connection with the Services, lies solely with you. You must take all caution to ensure that there are no mistakes and errors in the Information you provide. We will not be responsible to verify the accuracy of the Information provided by you.
3. OPERATION OF PLATFORM
  
  You must register on the Platform and create an account on the Platform (“Your Account”) by providing accurate Information as sought during the registration process. You are solely responsible for maintaining the confidentiality of your credentials (username, password, etc.) provided upon registration and the Company is not liable for any loss you may incur as a result of someone else using Your Account, either with or without your knowledge.
  
  Your Account cannot be transferred, assigned, or sold to a third party.
  
  You agree to accept responsibility for all activities that occur in or from Your Account. You agree to establish reasonable security procedures and controls to limit access to the password or other identifying information of Your Account to unauthorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your Information. Your credentials include your username and password to Your Account and to any third-party account you have used to login to Your Account.
  
  You agree to inform us immediately if you have any reason to believe that your login credentials have become known to anyone else, or if the password or Your Account is being or is likely to be used in any unauthorized manner.
  
  NoArk will not be liable for any breach of security or unauthorized use of Your Account.
  
  The Company will forward your booking request made on the Platform (“Service Request”) to the RIDER through an app-based Device operating on GPS-GPRS available with the RIDER.
  
  The Company may monitor and record calls made to the RIDERs, for the purpose of training and improving customer care services, including complaint related services.
  
  The RIDER will have the sole discretion to accept or reject each Service Request.
  
  If the RIDER accepts the Service Request, a notification will be sent to you with the Information regarding the RIDER including their name, contact number, and Vehicle registration number, etc.
  
  The Company will make reasonable efforts to bring you in contact with the RIDER in order to obtain the Service subject to availability of the RIDER in or around your location at the time of your Service Request.
  
  Even after acceptance of the Service Request, the RIDER may not reach your pick-up location or decide not to render the Service, in which event the Company will not be held liable.
  
  The Company will not be liable if you do not download the correct mobile application to access the Platform or do not visit the appropriate web portal.
  
  For the avoidance of doubt, it is clarified that the Company itself does not provide the Transportation Services and Package Services and only facilitates these services through the Platform. It is the RIDER who is responsible for rendering the Transportation Services and Package Services to you. You acknowledge that NoArk is merely an intermediary and does not provide the Services as a transportation carrier and the Transportation Services and Package Services are provided by independent third-party contractors (RIDERs) directly who are not employed by NoArk or any of its affiliates.
  
  The Company reserves the right to discontinue or introduce any of the modes of Service Requests and/or for providing Services.
4. YOUR CONDUCT
  
  You will use the Services for lawful purposes and in compliance with applicable laws, and refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation and will comply with all applicable laws of the Republic of India.
  
  You will treat the RIDER with respect and not cause damage to their Vehicle or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their Vehicle.
  
  The Company is not responsible for the behaviour, actions, or inactions of RIDERs or quality of Vehicle which may be provided to you by the RIDERs. Any contract for the provision of Vehicle and/or for the Services is exclusively between you and the RIDER and the Company is not a party to the same.
  
  By using the Platform, you acknowledge and agree that:
  
  You will download NoArk App for your sole, personal use and will not resell it to a third party; You will not authorize others to use Your Account;
  
  You will not assign or otherwise transfer Your Account to any other person or legal entity;
  
  You will not use the Platform for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
  
  You will not use the Platform to cause nuisance, annoyance or inconvenience to either Company, RIDERs or third parties;
  
  You will not misuse the Platform or attempt to defraud either the Company, RIDER or third parties;
  
  You will not impair the proper operation of the Platform and you will not use any device, software, routine, file or other tool or technology, which includes any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage, interfere with or affect functionality or operation of the Platform or the Services, to surreptitiously intercept or expropriate any system, data or information in connection with the Services or as hosted/available on the Platform, or to affect the operation of any other websites or the internet;
  
  You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure associated with the Platform or the Services, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique;
  
  You will not try to harm the Platform in any way whatsoever;
  
  You will not copy or distribute the Platform or its contents without written permission from the Company;
  
  You will keep secure and confidential your account password or any identification which the Company may provide you which allows access to the Platform;
  
  You will provide the Company with whatever proof of identity we may request;
  
  You will only use an access point or at least a 3G, 4G or 5G data account access point which you are authorized to use;
  
  You will not use the Platform with an incompatible or unauthorized Device;
  
  You will not indulge in any fraudulent activities including, but not limited to intentionally falsifying Information, create dummy/duplicate accounts for fraudulent purposes, manipulate the settings on a phone/Device to prevent or impair the proper functioning of the Platform, abuse promotions and/or not use them for their intended purpose, dispute charges for fraudulent or illegitimate reasons, falsify documents, records, or other data for fraudulent purposes, or any other activity which is in contravention of applicable laws, is in violation of these Terms, or is not intended or permitted under these Terms; and
  
  If you create more than one account per User, NoArk has the right to terminate such accounts
  
  In addition to the foregoing, you will not upload, display, share, host, publish or transmit any information that:
  
  Belongs to another person and to which you do not have a right to such information;
  
  Is harmful, offensive, harassing, obscene, pornographic, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or an online game that causes user harm, or otherwise unlawful in any manner whatsoever, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
  
  Infringes any patent, trademark, copyright or any other proprietary rights;
  
  Harms minors in any way or is harmful to child;
  
  Any commercial material or content (including solicitation of funds, advertising, or marketing of any good or services);
  
  Deceives or misleads the addressee about the origin of such messages, or communicates any misinformation or information which is patently false and untrue or misleading in nature, or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit specified by the Government;
  
  Impersonates another person;
  
  Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  
  Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  
  Is in the nature of an online game that is not verified as a permissible online game;
  
  Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; or
  
  Violates any law for the time being in force.
  
  The Company reserves the right to immediately terminate your use of the Platform and stop providing you the Services should you not comply with any of the rules provided in these Terms.
5. COMMUNICATION AND NOTIFICATION
  
  You agree that NoArk (either directly or indirectly through its affiliates or third parties) may communicate with you in connection with the Platform or the Services, either electronically (for example, push notifications), or through phone calls, WhatsApp messenger application, email, or in writing through other modes.
  
  Any electronic communications will be considered to be received by you within 24 hours of the time we send it to your attention (such as via email, SMS or other online notification, through WhatsApp messenger application). We will assume you have received any communications sent to you by postal mail, 3 business days after we send it.
  
  If you are a Customer who has registered on the Platform and shared your contact details with us, we may need to contact you in connection with the Services, and you give express consent to us and our permitted assigns and third-party agents to communicate with you in any way, such as calling, texting, or e-mailing via:
  
  A mobile phone or landline number you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours);
  
  Any email address you provide to us or associated with your account on the Platform; Automated dialler systems and automatic telephone dialling systems; and
  
  Pre-recorded or artificial voice messages and other forms of communications.
  
  The accuracy, readability, clarity, and promptness of the communications depend on various factors. NoArk will not be responsible for any non-delivery, delayed delivery, or distortion of the communication in any way whatsoever.
6. PAYMENT FOR SERVICES
  
  You will be required to pay charges for the Services used by you either by using the online payment gateway provided in the Platform or by paying cash to the RIDERs. The Company collects the charges for the Services on behalf of the RIDERs after obtaining authorization from the RIDERs and the payment is remitted to the RIDER’s bank account registered with the Company.
  
  The rates of the Services and any cancellation fee, if applicable, will be notified on the Platform.
  
  The charges for the Services will be updated or amended from time to time at the sole discretion of the Company and it will be your responsibility to remain informed about the charges for the Services.
  
  You agree that you will pay for all Services you purchase from the RIDER and for the use of the Platform either by way of online payment or by cash. In the event the payment cannot be accepted through the online payment or any other mode, you will be required to pay the charges for the Services availed by way of cash. You agree and acknowledge that NoArk is not in any way responsible for the settlement of cash payments made by you directly to the RIDER.
  
  In order for us to facilitate UPI payments, we are required to conduct a bank account validation and Virtual Payment Address (“VPA”) validation and you agree for such validation to be conducted. We conduct these validations through a third-party service provider.
  
  Any payment made is non-refundable. At the end of the trip for the Transportation Services, we will facilitate for you to receive a copy of the invoice from the Company on your registered e-mail account with the Company.
7. DISCLAIMERS
  
  The information, recommendations provided to you on or through the website or the Platform is for general information purposes only and does not constitute advice.
  
  The Company will reasonably keep the Platform and its contents correct and up to date and offer you uninterrupted access but does not guarantee that the Platform is free of errors, defects, malware, and viruses or that the contents in the Platform are correct, up to date, and accurate. NoArk assumes no liability whatsoever for any monetary or other damage or loss suffered by you on account of the delay, failure, interruption, or errors in the operation of the Platform.
  
  The Company will further not be liable for damages resulting from the use of or the inability to use the Platform, including but not limited to damages resulting from failure or delay in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
  
  If you choose to access the Platform from locations other than India, you will do so at your own risk, and you will be solely liable and responsible for compliance with applicable local laws and regulations of such location. The mere fact that the Platform can be accessed through the internet by you in a country other than India will not be interpreted to imply that the laws of the said country govern these Terms or use of the Platform. We accept no liability whatsoever, indirect or consequential, for non-compliance with the laws of any country other than India.
  
  5. Access to the Platform or the Services may be unavailable, delayed, limited, or slowed, from time to time, due to the inherent nature of the internet and, among other things, also due to:
  
  Servers, networks, hardware failure (including your own computer or mobile), telecommunication lines and connections, and other electronic and mechanical equipment;
  
  Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
  
  Overload of system capacities;
  
  Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown, or natural disasters;
  
  Interruption (whether partial or total) of power supplies or other utility service, strike or other stoppage (whether partial or total) of labor;
  
  Governmental or regulatory restrictions, exchange rulings, court or tribunal orders, or other human intervention; or
  
  Any other cause (whether similar or dissimilar to the above) beyond the control of NoArk.
  
  The quality of the Transportation Services and Package Services requested through the use of the Platform is entirely the responsibility of the RIDER who ultimately provides such services to you and Company is not liable for the same. However, any complaints about the Transportation Services and Package Services provided by the RIDER should be submitted to Company by an email as notified from time to time
  
  THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR THE PLATFORM. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE AND/OR THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES AND/OR THE PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,. THE PORTAL IS
  
  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 excluded and disclaimed to the highest and maximum extent. You acknowledge and agree that the entire risk arising out of your use of the Platform and / or the Services remains solely and absolutely with you and you will have no recourse whatsoever to the Company.
8. INTELLECTUAL PROPERTY RIGHTS
  1. The Company is the sole owner and lawful licensee of all the rights to Platform or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, Platform or any other digital media content embody trade secrets and Intellectual Property Rights protected under worldwide copyright and other laws. All titles, ownership and Intellectual Property Rights in the Platform and its content remain with the Company except the third party content and link to third party website on the Platform.
    
    The term “Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including: (i) patent rights and utility models, (ii) copyrights and database rights including moral rights, (iii) trademarks, trade names, domain names and trade dress and the associated goodwill, (iv) trade secrets, and (v) industrial design rights; and for each of the foregoing includes any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
  2. All rights not otherwise claimed under these Terms or by the Company are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
  3. The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this Platform, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with a Service.
  4. All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
  5. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Platform on a single mobile device that you own or control and to run such copy of the Platform solely for your own personal use.
  6. Customer data: As between NoArk and Customer, all right, title and interest in: (i) the Information,
    
    (ii) other information input into the Platform by Customer or its authorized users (“Other Information”), and (iii) all Intellectual Property Rights in each of the foregoing, belong to and are retained solely by the Customer. Information and Other Information are collectively referred to as “Customer Information”. Customer grants to NoArk a limited, non-exclusive, royalty-free, worldwide license to use the Customer Information and perform all acts with respect to the Customer Information, as may be necessary for NoArk to operate, maintain and improve the Platform or provide the Services to Customer, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify and distribute the Other Information as a part of the Aggregated Statistics (defined below). Customer is solely responsible for the accuracy, quality,
    
    veracity, integrity, legality, reliability, and appropriateness of all Customer Information. NoArk agrees to access and use the Customer Information solely as set forth in these Terms or the Privacy Policy.
  7. Aggregated statistics: Notwithstanding anything else in these Terms, NoArk may monitor Customer’s (including the authorized users) use of the Platform and the Services and use data and information related to such use and Customer Information in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Platform and the Services (“Aggregated Statistics”). As between NoArk and Customer, all right, title and interest in the Aggregated Statistics and all Intellectual Property Rights therein, belong to and are retained solely by NoArk. Customer acknowledges that NoArk will be compiling Aggregated Statistics based on Customer Information and Information input by other customers into the Platform. Customer agrees that NoArk may: (i) make such Aggregated Statistics publicly available, and (ii) use such information to the extent and in the manner required by applicable law and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify Customer.
  8. You will not do the following:
    
    License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
    
    Modify or make derivative works based upon the Platform;
    
    Create internet "links" or "frame" or "mirror" any application on any other server or wireless or Internet-based device; or
    
    Reverse engineer or access the Platform in order to:
    
    design or build a competitive product or service,
    
    design or build a product using similar ideas, features, functions or graphics of the Platform, copy any ideas, features, functions or graphics of the Platform, or
    
    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.
9. THIRD-PARTY LINKS
  1. During use of the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party RIDERs, advertisers or sponsors showing
    
    their goods and/or services through a link on the Platform. These links take you off the Platform and are beyond the Company's control. You therefore visit or access these websites entirely at your own risk.
  2. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.
10. EMERGENCY SOS
  1. NoArk provides SOS feature on the NoArk App wherein the Customer can call for emergency services in case of any safety issues or other emergency by tapping the "Red" button made available on the NoArk App. This is linked to the internal emergency response team of NoArk, and any such case is escalated and dealt with on priority.
  2. In case of an accident, an ambulance can be called upon by the Customer immediately through the NoArk App, and the said information can be shared with trusted/ emergency contacts of the Customer provided to NoArk.
  3. You agree not to misuse the Emergency/ SOS feature and will solely use it during emergencies. In case of any misuse of the SOS feature, you will be liable for consequences/actions in accordance with applicable laws and/or as per NoArk's internal policies.
11. TERM AND TERMINATION
  1. These Terms, which form the contract between the Company and you, are concluded for an indefinite period. You are entitled to terminate the contract between the Company and you at any time by deleting Your Account on the Platform.
  2. The Company is entitled to terminate your access to the Platform and/or the Services at any time and with immediate effect (by disabling your use of the Platform and the Service) if you: (a) violate or breach any term of these Terms, or (b) in the opinion of the Company, misuse the Platform or the Service, or (c) if there is reason to believe that the account is used fraudulently.
  3. The Company is not obliged to give notice of the termination in advance. After termination, the Company will give notice thereof in accordance with these Terms.
  4. Neither party hereto will be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lockout, riots, rebellions, accidental explosions, floods, storms, acts of God, and similar occurrences.
  5. The Company, in addition to its right to terminate or suspend access to Your Account and/or the Services in case of violation of these Terms, the Privacy Policy, or any applicable law, reserves the right, in its sole discretion, to legally prosecute you if you act in a way that the Company, at its sole capacity, decides involves fraud or misuse of the Platform, or is harmful to the Company's interests or another user, any RIDER, or any other participating third-party.
  6. The Company's failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of the Company's rights.
12. INDEMNITY AND LIMITATION OF LIABILITY
  1. You will, at your expense, defend, indemnify and hold harmless the Company, its affiliates, licensees, and its officers, directors, agents, and employees from any and all claims, losses, liabilities, damages, expenses, and costs (including attorneys' fees and court costs) which result from a breach or alleged breach of these Terms by you, including but not limited to, (i) your use or misuse of the Platform or Services; (ii) any claims from any third-party as a result of or in connection with your use of the Platform or the Services.
  2. NoArk reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify NoArk, including rights to settle, and you agree to cooperate with NoArk for such defense and settlement. NoArk will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. Customer may, at its own expense, engage separate counsel to advise Customer regarding a claim and to participate in the defense of the claim, subject to NoArk's right to control the defense and settlement.
  3. IN NO EVENT WILL NOARK BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
  4. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NOARK’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF INR. 1000/-.
13. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
  1. These Terms will be governed by and interpreted in all respects in accordance with the laws of the Republic of India.
  2. Subject to the provisions made in Clause XIII.3, the Parties hereby submit to the exclusive jurisdiction of the courts of Bangalore, India.
  3. All disputes arising out of or in relation to these Terms will be settled amicably by the parties. In the event no amicable settlement is arrived at within a period of fifteen (15) days from the date of first initiation of the dispute by one party to the other, the parties will resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.
  4. The arbitration proceedings will be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by You and the Company.
  5. The arbitration proceedings will be conducted in the English language only, and the seat for arbitration will be Bangalore, India.
  6. The award of the arbitral tribunal will be final and binding.
14. ASSIGNMENT
  
  You may not assign your rights under these Terms without the prior written approval of the Company.
15. SEVERABILITY
  
  If any provision or any part of a provision of these Terms is held to be invalid, unenforceable or prohibited by applicable laws of the Republic of India, such provision or part of provision will be
  
  severed from these Terms and will be considered divisible as to such provision or part thereof and such provision or part thereof will be inoperative and will not be part of the consideration moving between you and the Company hereto and the remainder of these Terms will be valid and binding and of like effect as though such provision was not included herein.
16. CHANGES TO THESE TERMS
  
  NoArk may change these Terms from time to time. If NoArk makes any changes to these Terms that it deems to be material, NoArk will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Terms posted to the Platform from time to time to see if it has been changed. The updated version of these Terms will supersede the current version and such updated version will be immediately effective upon being posted on the Platform. The continued use of the Platform following the notification of modification of the Terms or after being updated on the Platform will be construed to mean the acceptance of the said modified Terms.
17. NOTICES
  
  The Company may give notice by means of a general notice on the Platform, or by electronic mail to your email address on record in the Company’s account, or by written communication sent by regular mail to your address on record in Company’s account.
18. CUSTOMER CARE AND GRIEVANCE REDRESSAL
  
  Any opinions, issues, or suggestion regarding the Platform and / or Services can be provided / resolved by reaching out to the customer care number or email mentioned below:
  
  Customer Care details: shoutout@NoArk.bike
  
  Alternatively, you can contact Customer Care using the chat functionality on the NoArk App and a customer service associate will get back to you.
  
  Please note, concerns pertaining to a specific Service Request or a RIDER may be reported not beyond 24 hours from when the Services were availed. In case the issue or grievance is criminal in nature, the complaint may be filed within 72 hours of the event / availing the Service.
  
  Any complaint, dispute or grievance in relation to the Services should be addressed to NoArk as given below. Such complaint, dispute or grievance will be handled as per applicable laws.
  
  Grievance Officer: Rishikesh S R
  
  e-mail: rishi@NoArk.bike
  
  Address: Salarpuria Softzone, Wing C, First floor office 1, Block A, Bellandur village, Bangalore-560103, India
SPECIAL TERMS

In addition to the General Terms, along with any other agreements or documents executed / accepted by you, the following additional special terms (“Special Terms”) apply to your use of certain specific Services.
1. PACKAGE SERVICES
  
  You can initiate a transaction on the Platform by which you may (through the help of a RIDER) send packages (“Package(s)”) to a particular location. The Package Services are provided to you directly by the RIDER and NoArk merely acts as a technology platform to facilitate transactions initiated on the Platform and NoArk does not assume any responsibility or liability for any form of deficiency of services on part of the RIDER.
  
  NoArk does not assume any responsibility or liability whatsoever for any damage/deficiency or loss of the Package(s).
  
  You agree that you will not request Package Services for Package(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items that are prohibited by any statute or law or regulation or the provisions of these Terms.
  
  You also agree that you will not request for dispatch of Package(s) which require a special transportation permit or require any special license under applicable law.
  
  You will be required to indicate the accurate addresses for pick up and delivery of the Package(s) you wish to avail Package Services in respect of, and also an accurate return address in case the Package(s) cannot be delivered for any reason whatsoever at the delivery address.
  
  It is clarified that the transit will commence from the moment the Package(s) is securely handed over to the RIDER by the Customer till the moment the RIDER arrives at the delivery address or as near to the indicated delivery address as may be possible.
  
  In the event the RIDER is not able to deliver the Package(s) at the indicated address for any reason whatsoever, then the Company will not be liable for any damages arising in respect of the Package(s) while delivering the Item(s) at the return address as provided by the Customer.
  
  The Company does not check or verify the Package(s) that are being picked up and dropped off on behalf of you or the Package(s) that are being delivered to you by the RIDER, and therefore the Company will have no liability with respect to the same. However, if it comes to the knowledge of the Company that you have requested Package Services in respect of any illegal or dangerous substance or availed the Package Services using the Platform to deliver any illegal or dangerous substance, the Company will have the right to report you to the government authorities and take other appropriate legal actions against you. NoArk will not be liable for any consequences that may arise on such reporting.
  
  You agree that before requesting a Package Service, you are well aware of the contents of the Package(s) sent or requested by you through registered RIDER, and that such contents are legal and within limits of transportation under any applicable laws. Such contents will not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws.
  
  You also agree that, upon becoming aware of the commission of any offence by you or your intention to commit any offence upon initiating a Package Service or while providing Package Service of any Package(s) restricted under applicable law, the RIDER may report such information to Company or to the law enforcement authorities.
  
  You agree that you will be solely responsible for the Package(s) handed over to the RIDER and will be prudent not to handover expensive items to the RIDER. You will be solely responsible for any loss or damage to the Package(s) in case of any theft or any other incidents to the Package(s) on account of the RIDER or otherwise.
  
  You will pay the service fees for availing the Package Services at the end of the completion of such services, as may be displayed to you on the Platform. You cannot initiate another Package Services until you have paid for the previously completed such Package Services.
2. INSURANCE FOR TRANSPORTATION SERVICES BY MEANS OF BIKES

The Company has facilitated provision of an insurance policy for the users availing the Transportation Services by means of Bikes and the information on the same is available on the Platform once the Services are availed by the users.

NoArk is not engaged in the insurance business and does not provide any insurance services. NoArk has facilitated provision of insurance services for the benefit of Customers, under group travel insurance policies availed from licensed insurance companies, whereby NoArk is acting as the group manager of the policy.

NoArk does not guarantee or make any promise in relation to the insurance policy/ insurance company, including but not limited to any benefits from use of the insurance services provided by the insurance companies, such as coverage, claims and settlements.

The details of the insurance policy are available on the concerned insurer’s website which can be accessed through the third party link provided on the Platform. Any claim or servicing of insurance policies, remains a matter between the Customer and the insurer, and NoArk will not be responsible for the actions of the insurer or the Customer.

GENERAL TERMS - CABS

These terms and conditions, including along with any other agreements executed or accepted by you (“you/ your” or “User” or “Customer”), which are incorporated herein by reference (“Terms”) apply when you access, use or interact with the mobile application (“NoArk App”) or website or any other site made available by NoArk (collectively, “Platform”) provided by Roppen Transportation Services

Private Limited (“NoArk”/ “Company” / “us”, “we” or “our”) whether through a computer or a mobile phone or any other device, or avail the Services (defined hereinafter).

These Terms govern your access/ interaction or use of the Platform for availing the Services on the platform. Please read these Terms carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform or availing the Services. By using this Platform , you acknowledge that you have read and understood these Terms and agree to be bound by these Terms, without any limitation or qualification. If you do not agree with these Terms, please do not access the Platform, or avail the Services.

These Terms expressly supersede prior agreements or arrangements with you. Use of and access to the Platform is offered to you upon the unconditional acceptance by you of all the terms, conditions and notices contained in these Terms and Privacy Policy (which is incorporated herein by reference), along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time.

SERVICES

We provide the following services (“Services”) to you:

A Platform to facilitate lead generation and discoverability of service providers (“RIDER”) who provide or offer to provide services on their own account to you by means of four-wheeler vehicles (“Vehicle”), in accordance with terms and conditions agreed between you and the RIDER (“Services”).

Other support services as offered by NoArk, at its sole discretion, and upon payment of such fees by the User, as updated by NoArk on the Platform from time to time.
GENERAL COVENANTS

In relation to your use and access of the Platform, you represent, warrant, and provide the following undertakings:

For the purposes of registration/ creation of an account on the Platform, you confirm that you are 18 years of age.

You are not restricted by any legal, regulatory, judicial, quasi-judicial or other authority, to access the Platform or avail the Services, including to enter into transactions contemplated for availing the Services.

You agree to use the Services only for purposes that are permitted by these Terms and in accordance with applicable laws.
REGISTRATION ON THE PLATFORM

By using the Platform, you authorize NoArk, whether directly or indirectly through third parties, to collect information about you or make any inquiries necessary to validate your identity, in accordance with our Privacy Policy. Please read the Privacy Policy to understand how we collect, process, and share your information (“Information”).

When you provide any Information to NoArk, you agree to provide only true, accurate, current, and complete Information.

You must register on the Platform and create an account on the Platform (“Your Account”) by providing accurate Information as sought during the registration process.

You are solely responsible for maintaining the confidentiality of your credentials (username, password, etc.) provided upon registration and the Company is not liable for any loss, you may incur as a result of someone else using Your Account, either with or without your knowledge.

You agree to establish reasonable security procedures and controls to limit access to the password or other identifying information of Your Account to unauthorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your Information. Your credentials include your username and password to Your Account and to any third-party account you have used to login to Your Account.

You agree to inform us immediately if you have any reason to believe that your login credentials have become known to anyone else, or if the password or Your Account is being or is likely to be used in any unauthorized manner.

Further, we may ask you for Information or documents that will allow us to reasonably identify you, requiring you to take steps to confirm your right over your email address or financial instruments, or verifying your Information against third party databases or through other sources. We reserve the right to terminate, suspend, or limit access to the Services in the event we are unable to obtain or verify this Information.

You understand and acknowledge that the responsibility to provide correct Information, including the contact information, etc., as required in connection with the Services, lies solely with you. You must take all caution to ensure that there are no mistakes and errors in the Information you provide. We will not be responsible to verify the accuracy of the Information provided by you.

Your Account cannot be transferred, assigned, or sold to a third party. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use Your Account.

You agree to accept responsibility for all activities that occur in or from Your Account. NoArk will not be liable for any breach of security or unauthorized use of Your Account.
USE OF SERVICES

Once you have registered Your Account on the Platform, you will be able to discover available RIDER who offer to provide Services from your chosen pick up location and your chosen drop off location.

Once any RIDER accepts the ride request, you can communicate with the RIDER on the Platform.

The Platform will reflect a standard price range for the distance between your chosen pick up and drop off location. The charges will be decided by you and the RIDER mutually. NoArk is not involved or responsible for fixing the charges for the ride.

The Company reserves the right to vary, or discontinue, any of the Services and/ or making the Services available in their entirety.
Your Conduct

You will use the Services including the respective Services provided by RIDER and Platform for lawful purposes and in compliance with applicable laws, and refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation.

You will treat the RIDER with respect and not cause damage to their Vehicle or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their Vehicle.

You will not use the Platform to cause nuisance, annoyance or inconvenience to either Company, RIDER or third parties;

You will not misuse the Platform or attempt to defraud either the Company, RIDER or third parties;

You will not indulge in any fraudulent activities including, but not be limited to intentionally falsifying Information, create dummy/ duplicate accounts for fraudulent purposes, manipulate the settings on a phone / Device to prevent or impair the proper functioning of the Platform, abuse promotions and/or not use them for their intended purpose, dispute charges for fraudulent or illegitimate reasons, falsify documents, records, or other data for fraudulent purposes, or any other activity which is in contravention of applicable laws, is in violation of these Terms, or is not intended or permitted under these Terms;

By using the Platform, you acknowledge and agree that:

You will download the Platform for your personal use and will not resell it to a third party;

You will not use the Platform for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

You will not impair the proper operation of the Platform and you will not use any device, software, routine, file or other tool or technology, which includes any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage, interfere with or affect functionality or operation of the Platform or the Services, to surreptitiously intercept or expropriate any system, data or information in connection with the Services or as hosted/ available on the Platform, or to affect the operation of any other websites or the internet;

You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure associated with the Platform or the Services, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique;

You will not copy, or distribute the Platform or its contents without written permission from the Company;

You will not do the following:

License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;

Modify or make derivative works based upon the Platform;

Create internet “links” or “frame” or “mirror” any application on any other server or wireless or Internet-based device;

Reverse engineer or access the Platform in order to:

design or build a competitive product or service;

design or build a product using similar ideas, features, functions or graphics of the Platform; copy any ideas, features, functions or graphics of the Platform;

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.

You will not use the Platform with an incompatible or unauthorized device;

If you create more than one account per User, NoArk has the right to terminate such accounts.

In addition to the foregoing, you will not upload, display, share, host, publish or transmit any information that:

Belongs to another person and to which you do not have a right to such information;

Is harmful, offensive, harassing, obscene, pornographic, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or an online game that causes user harm, or otherwise unlawful in any manner whatsoever, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;

Infringes any patent, trademark, copyright or any other proprietary rights;

Harms minors in any way or is harmful to a child;

Any commercial material or content (including solicitation of funds, advertising, or marketing of any goods or services);

Deceives or misleads the addressee about the origin of such messages, or communicates any misinformation or information which is patently false and untrue or misleading in nature, or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit specified by the Government;

Impersonate another person;

Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

Is in the nature of an online game that is not verified as a permissible online game;

Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; or

Violates any law for the time being in force.

The Company reserves the right to immediately terminate your use of the Platform should you not comply with any of the rules provided in these Terms.
COMMUNICATION AND NOTIFICATION

You agree that NoArk (either directly or indirectly through its affiliates or third parties) may communicate with you in connection with the Platform or the Services, either electronically (for example, push notifications), or through phone calls, WhatsApp messenger application, email, or in writing through other modes.

Any electronic communications will be considered to be received by you within 24 hours of the time we send it to your attention (such as via email, SMS or other online notification, through WhatsApp messenger application). We will assume you have received any communications sent to you by postal mail, 3 business days after we send it.

If you are a Customer who has registered on the Platform and shared your contact details with us, we may need to contact you in connection with the Services, and you give express consent to us and our permitted assigns and third-party agents to communicate with you in any way, such as calling, texting, or e-mailing via:

A mobile phone or landline number you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours);

Any email address you provide to us or associated with your account on the Platform; Automated dialler systems and automatic telephone dialing systems;

Pre-recorded or artificial voice messages and other forms of communications.

The accuracy, readability, clarity, and promptness of the communications depend on various factors. NoArk will not be responsible for any non-delivery, delayed delivery, or distortion of the communication in any way whatsoever.
PAYMENT FOR SERVICES

You will be required to pay ride fare for the Services availed by you directly to the RIDER.

The RIDER may levy cancellation fee, refund, or other charges including applicable taxes in connection with the Services. These ride fare, fees, and any other payments owed by you to the RIDER or owed by the RIDER to you are part of the contractual arrangement between you and the RIDER for the Services and are required to be settled between you and the RIDER. In no event will NoArk be responsible or liable for any such payments.

The RIDER may issue an invoice to you for or in connection with the Services. NoArk will not issue any invoice to you in connection with the Services including Services as the transaction in connection with the Services, including payments, are settled directly between you and the RIDER and NoArk has no role to play in the same.

You agree and acknowledge that NoArk is not in any way be responsible for the settlement of any payments owed by you to the RIDER or owed by the RIDER to you in connection with or arising from the offer to provide/ avail or provision/ availing of Services.

These Terms are subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by applicable laws to enable, assist and/or defend NoArk to claim or verify any input tax credit, set off, rebate, or refund in respect of any taxes paid or payable in connection with the Services.

You are responsible for the collection and remission of all taxes associated with the Services you or any transactions through your use of the Services, and NoArk will not be held accountable in relation to any transactions between the Users and RIDER where any tax related issue has occurred.
DISCLAIMERS

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR THE PLATFORM. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE AND/OR THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES AND/OR THE PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THE PLATFORM IS 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 excluded and disclaimed to the highest and maximum extent. You acknowledge and agree that the entire risk arising out of your use of the Platform and / or the Services remains solely and absolutely with you, and you will have no recourse whatsoever to the Company.

The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded, or accessed from any of the services contained on this Platform, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with a Service.

All rights not otherwise claimed under these Terms or by the Company are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.

The RIDER are independent service providers. The Company is not responsible for the behaviour, actions, or inactions of RIDER or quality of the Vehicle or the services which may be provided to you by the RIDER. Any contract for the Services including payment for such services is exclusively between you and the RIDER and the Company is not a party to the same. You avail Services from the RIDER at your own risk.

For the avoidance of doubt, it is clarified that the Company itself does not provide the Services, and is not a service provider. You acknowledge and understand that NoArk’s role is limited to that of a discovery platform by way of the NoArk App which facilitates lead generation and discovery of independent service providers (RIDER) who provide or offer to provide you Services directly who are not employed by NoArk or any of its affiliates. The Services are offered / provided at the discretion of the RIDER and you can accept the offer for Services at your discretion.

Neither party hereto will be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.

The information, recommendations provided to you on or through the website, or the Platform is for general information purposes only and does not constitute advice.

The Company will reasonably keep the Platform and its contents correct and up to date and offer you uninterrupted access but does not guarantee that the Platform is free of errors, defects, malware and viruses or that the contents in the Platform are correct, up to date and accurate. NoArk assumes no liability whatsoever for any monetary or other damage or loss suffered by you on account of the delay, failure, interruption or errors in the operation of the Platform.

The Company will further not be liable for damages resulting from the use of or the inability to use the Platform, including but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Access to the Platform or the Services may be unavailable, delayed, limited or slowed, from time to time, due to the inherent nature of the internet and among other things also due to:
1. Servers, networks, hardware failure (including your own computer or mobile), telecommunication lines and connections, and other electronic and mechanical equipment;
2. Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
3. Overload of system capacities;
4. Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
5. Interruption (whether partial or total) of power supplies or other utility service, strike or other stoppage (whether partial or total) of labour;
6. Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
7. Any other cause (whether similar or dissimilar to the above) beyond control of NoArk.
INTELLECTUAL PROPERTY RIGHTS

The Company is the sole owner and lawful licensee of all the rights to the Platform or any other digital media and its contents. Content includes its design, layout, text, images, graphics, sounds, video, etc. the website, Platform, or any other digital media content embody trade secrets and Intellectual Property Rights protected under worldwide copyright and other laws. All titles, ownership, and Intellectual Property Rights in the Platform and its content remain with the Company except the third-party content and link to the third-party website on the Platform.

The term “Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including:
1. patent rights and utility models,
2. copyrights and database rights including moral rights,
3. trademarks, trade names, domain names, and trade dress and the associated goodwill,
4. trade secrets, and
5. industrial design rights;
and for each of the foregoing includes any registrations of, applications to register, and renewals and extensions of any of the foregoing in any jurisdiction in the world.

All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks, and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Platform on a single mobile device that you own or control and to run such copy of the Platform solely for your own personal use.

Customer Data

As between NoArk and Customer, all right, title and interest in:
1. the Information,
2. other information input into the Platform by Customer or its authorized users (“Other Information”), and
3. all Intellectual Property Rights in each of the foregoing,
belong to and are retained solely by the Customer. Information and Other Information are collectively referred to as “Customer Information”. Customer grants to NoArk a limited, non-exclusive, royalty-free, worldwide license to use the Customer Information and perform all acts with respect to the Customer Information, as may be necessary for NoArk to operate, maintain and improve the Platform or provide the Services to Customer, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify, and distribute the Other Information as a part of the Aggregated Statistics (defined below). Customer is solely responsible for the accuracy, quality, veracity, integrity, legality, reliability, and appropriateness of all Customer Information. NoArk agrees to access and use the Customer Information solely as set forth in these Terms or the Privacy Policy.

Aggregated Statistics

Notwithstanding anything else in these Terms, NoArk may monitor Customer’s (including the authorized users) use of the Platform and the Services and use data and information related to such use and Customer Information in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Platform and the Services (“Aggregated Statistics”). As between NoArk and Customer, all right, title and interest in the Aggregated Statistics and all Intellectual Property Rights therein, belong to and are retained solely by NoArk. Customer acknowledges that NoArk will be compiling Aggregated Statistics based on Customer Information and Information input by other customers into the Platform. Customer

agrees that NoArk may: (i) make such Aggregated Statistics publicly available, and (ii) use such information to the extent and in the manner required by applicable law and for purposes of data gathering, analysis, service enhancement, and marketing, provided that such data and information do not identify Customer.
THIRD-PARTY LINKS

During use of the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party RIDER, advertisers or sponsors showing their goods and/or services through a link on the Platform. These links take you off the Platform and are beyond the Company’s control. You, therefore, visit or access these websites entirely at your own risk.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are, therefore, advised to check the terms of use or privacy policies on those websites prior to using them.
TERM AND TERMINATION

These Terms which form the contract between the Company, and you are concluded for an indefinite period. You are entitled to terminate the contract between the Company and you at all times by deleting Your Account on the Platform.

The Company is entitled to terminate your access to the Platform and/or the Services at all times and with immediate effect (by disabling your use of the Platform and the Service) if you:

violate or breach any term of these Terms, or

in the opinion of the Company, misuse of the Platform or the Service, or if there is reason to believe that the account is used fraudulently.

In addition to the above grounds, the Company may terminate your access to the Platform and/or the Services with immediate effect (by disabling your use of the Platform and the Service) at its sole discretion without assigning any cause.

The Company is not obliged to give notice of the termination in advance. After termination, the Company will give notice thereof in accordance with these Terms.

The Company, in addition to its right to terminate or suspend access to Your Account and/or the Services in case of violation of these Terms, the Privacy Policy or any applicable law, in its sole discretion reserves the right to legally prosecute you, if you act in a way that the Company at its sole capacity decide involves fraud or misuse of the Platform, or is harmful to the Company’s interests or another user, any RIDER or any other participating third-party.

The Company’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of the Company’s rights.
INDEMNITY AND LIMITATION OF LIABILITY

You will, at your expense, defend, indemnify and hold the harmless, the Company, its affiliates, licensees and its officers, directors, agents and employees from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) which result from a breach or alleged breach of these Terms by you including but not limited to, (i) your use or misuse of the Platform or Services; (ii) your breach or violation of any of these Terms; and (iii) any claims from any third-party as a result of or in connection with your use of the Platform or the Services.

NoArk reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify NoArk, including rights to settle, and you agree to cooperate with NoArk for such defence and settlement. NoArk will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. Customer may, at its own expense, engage separate counsel to advise Customer regarding a claim and to participate in the defence of the claim, subject to NoArk’s right to control the defence and settlement.

NoArk does not and will not assess nor monitor the suitability, legality, ability, of any RIDER and you expressly waive and release NoArk from any and all liability, claims or damages arising from or in any way related to the RIDER. NoArk will not be a party to disputes, negotiations of disputes between you and the RIDER. We cannot and will not play any role in managing payments between you and the RIDER. Responsibility for the decisions you make regarding services offered via the RIDER, software and/or the Platform (with all its implications) rests solely with and on you. You expressly waive and release NoArk from any and all liability, claims, causes of action, or damages arising from your use of the service, software and/or the Platform, or in any way related to the RIDER introduced to you by the service, software and/or the Platform.

IN NO EVENT WILL NOARK BE LIABLE FOR ANY, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NOARK’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF INR. 1000/-.
GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

These Terms will be governed by and interpreted in all respects in accordance with the laws of the Republic of India.

Subject to the provisions made in Clause XIII.3, the Parties hereby submit to the exclusive jurisdiction of the courts of Bangalore, India.

All disputes arising out of or in relation to these Terms will be settled amicably by the parties. In the event no amicable settlement is arrived at within a period of fifteen (15) days from the date of the first initiation of the dispute by one party to the other, the parties will resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.

The arbitration proceedings will be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by the parties.

The arbitration proceedings will be conducted in the English language only, and the seat for arbitration will be Bangalore, India.

The award of the arbitral tribunal will be final and binding.
ASSIGNMENT

You may not assign your rights or obligations under these Terms without prior written approval of the Company. NoArk may freely assign its rights and obligations without prior notice to or consent from Customer.
SEVERABILITY

If any provision or any part of a provision of these Terms is held to be invalid, unenforceable or prohibited by applicable laws of the Republic of India, such provision or part of the provision will be severed from these Terms and will be considered divisible as to such provision or part thereof and such provision or part thereof will be inoperative and will not be part of the consideration moving between you and the Company hereto and the remainder of these Terms will be valid and binding and of like effect as though such provision was not included herein.
CHANGES TO THESE TERMS

NoArk may change these Terms from time to time. If NoArk makes any changes to these Terms that it deems to be material, NoArk will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Terms posted to the Platform from time to time to see if it has been changed. The updated version of these Terms will supersede the current version and such updated version will be immediately effective upon being posted on the Platform. The continued use of the Platform following the notification of modification of the Terms or after being updated on the Platform will be construed to mean the acceptance of the said modified Terms.
NOTICES

The Company may give notice by means of a general notice on the Platform, or by electronic mail to your email address on record in the Company’s account, or by written communication sent by regular mail to your address on record in the Company’s account.
CUSTOMER CARE AND GRIEVANCE REDRESSAL

Any opinions, issues, or suggestions regarding the Platform can be provided/resolved by reaching out to the customer care number or email mentioned below:

Customer Care details: shoutout@NoArk.bike

Alternatively, you can contact Customer Care using the chat functionality on the NoArk App, and a customer service associate will get back to you. You can also reach out to Customer Care through our 24*7 call support with respect to any technical issues faced by you on the Platform.

END USER

TERMS AND CONDITIONS FOR RIDERS

(Bike and Auto and Car)

Roppen Transportation Services Private Limited (“NoArk” / “Company” / “us”, “we” or “our”) provides technology-based services and acts as an intermediary for facilitating: (i) on- demand transportation services by means of two-wheelers (“Bikes”) three-wheelers (“Autos”)and Four wheelers(“Cars”) (collectively, “Vehicle(s)”) (“Transportation Services”), and (ii) pick up and drop off services of packages from one location to the other through the RIDERs (defined hereinafter) (“Package Services”); (Transportation Services and Package Services are collectively referred to as “Services”) and other support services (such as associated payment collection) as offered by NoArk from time to time by means of the Company’s website and the mobile application “NoArk” (collectively, “Platform”).

The Services are provided / offered by third party vehicle operators, service providers or riders who wish to offer such Services through the Platform (“RIDER(s)” / “you”).

On the basis of the representations and warranties provided by the RIDER, the Company has agreed to list the Vehicles on the Platform and to enable the RIDER to provide the Services through the Platform in accordance with the terms and conditions as hereinafter provided and any other policy

or agreement or document made applicable / executed by you for the purpose of the provision of Services (collectively, “T&Cs”). These T&Cs will govern the relationship between you and the Company in the course of provision of the Services. By signing up or registering on the Platform and offering to provide one or more of the Services, you acknowledge that you have read and understood these T&Cs and agree to be bound by these T&Cs, without any limitation or qualification. If you do not agree with these T&Cs, please do not sign -up or register on the Platform or offer any Services.

Use of and access to the Platform is offered to you upon the unconditional acceptance of all the terms, conditions and notices contained in these T&Cs and Privacy Policy (which is incorporated herein by reference), along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time.

These T&Cs expressly supersede prior agreements or arrangements with you.

GENERAL COVENANTS

In relation to your access of the Platform to provide the Services, you covenant and agree to the following:

For the purposes of registration/ creation of an account on the Platform and providing the Services, you confirm that you are 18 years of age.

You are not restricted by any legal, regulatory, judicial, quasi-judicial or other authority, to access the Platform or provide the Services, including to enter into transactions contemplated using the Services.

You will provide the Services solely as permitted and in accordance with these T&Cs and in accordance with applicable laws.

By using the Platform and offering the Services, you authorize NoArk, whether directly or indirectly through third parties, to collect information about you or make any inquiries necessary to validate your identity including conduct police verification and background checks, in accordance with our Privacy Policy. Please read the Privacy Policy to understand how we collect, process, and share your information, including personal information and sensitive personal data or information (collectively, “Information”).

When you provide any Information to NoArk, you will provide only true, accurate, current, and complete Information. You understand and acknowledge that the responsibility to provide correct Information, including the contact information, bank account details etc., as required in connection

with the Services, lies solely with you. You must take all caution to ensure that there are no mistakes and errors in the Information you provide. We will not be responsible to verify the accuracy of the Information provided by you.

These T&Cs impose valid and legally binding obligations on you and are enforceable against you.
REGISTRATION ON AND OPERATION OF THE PLATFORM

To offer the Services on the Platform, you should be eligible as per the onboarding criteria and provide such documents as requested by NoArk as per applicable law and NoArk’s internal policies and ensure continued compliance with the same. Particularly, you represent, warrant and covenant to NoArk that:

You have at least 2 years of driving experience;

No proceeding is pending against you regarding and neither have been convicted of (a) driving under the influence of drugs or alcohol or (b) any cognizable offence under the Code of Criminal Procedure, 1973, including fraud, sexual offences, use of a motor vehicle to commit cognizable offence, or of any crime involving property damage, theft, acts of violence, or acts of terror, in the past 3 years; and

You have cleared and have no pending challans applicable to the Vehicle prior to integration with the Platform.

You must register on the Platform and create an account on the Platform (“Your Account”) by providing accurate Information as sought during the registration process.

Further, we may ask you for Information or documents that will allow us, whether directly or indirectly through third parties, to reasonably identify you, requiring you to take steps to confirm your right over your email address or financial instruments, or verifying your information against third party databases or through other sources. We reserve the right to terminate, suspend, or limit access to the Platform in the event we are unable to obtain or verify this Information.

You are solely responsible for maintaining the confidentiality of your credentials (username, password, etc.) provided upon registration by you, and the Company is not liable for any loss you may incur as a result of someone else using Your Account, either with or without your knowledge.

You agree to accept responsibility for all activities that occur in or from Your Account and agree to establish reasonable security procedures and controls to limit access to the password or other identifying information of Your Account to unauthorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your Information. Your credentials include your username and password to Your Account and to any third-party account you have used to login to Your Account.

You agree to inform us immediately if you have any reason to believe that your login credentials have become known to anyone else, or if the password is being or is likely to be used in any unauthorized manner.

NoArk will not be liable for any breach of security or unauthorized use of Your Account.

The Company will take the booking request of the customer made on the Platform (“Service Request”) and forward it to you through the Platform, or in such other manner based on NoArk’s sole discretion, and the RIDER is prohibited from accepting a ride through street hailing or other means while using the Platform.

The Company reserves the right to discontinue or introduce any other modes of Service Requests and/or for providing Services. In case of Package Services, at no time whatsoever will the RIDER tamper, damage, open or do anything to the parcels that he/she is not specifically permitted to do during the course of providing the Services.

The Company may monitor, and record calls made by you to the customers, for the purpose of training and improving customer care services, including complaint handling, and you provide your consent for the same.

The Company will not be liable if you do not download the correct mobile application including correct and compatible version of the NoArk mobile application.

You agree that NoArk (either directly or indirectly through its affiliates or third parties) may communicate with you in connection with the Platform or the Services, either electronically (for example, push notifications), or through phone calls, WhatsApp messenger application, email, or in writing through other modes.
YOUR CONDUCT

The RIDER will not reject Service Request(s) from a customer, except when deemed absolutely necessary and/or under exceptional circumstances, as deemed acceptable by NoArk at its sole discretion. In case of repeated or consistent denial of Service Requests, NoArk reserves the right to take appropriate action including suspension or permanent deactivation of Your Account and termination of these T&Cs.

The RIDER will refrain from doing anything which the Company reasonably believes to be disreputable or capable of damaging the Company’s reputation and will comply with all applicable laws of the Republic of India.

In relation to the Platform, the RIDER agrees to:

Not authorize others to use Your Account on the Platform or your Vehicle;

Not assign or otherwise transfer Your Account to any other person or legal entity;

Not use the Platform for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

Not use the Platform to cause nuisance, annoyance, or inconvenience to customer, NoArk or any other person;

Not consume alcohol or drugs or be under the influence of drugs or other illegal substances, prior to or during the provision of Services. NoArk has a zero- tolerance policy in respect of use of drugs, alcohol, intoxicants, or other illegal substances, by any RIDER and the customers can report any such behaviour to NoArk and strict action will be taken by NoArk including but not limited to suspension of your Services / Your Account while under investigation and termination;

Not impair the proper operation of the network/ Platform and will not use any device, software, routine, file or other tool or technology, which includes any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage, interfere with or affect functionality or operation of the Platform, to surreptitiously intercept or expropriate any system, data or information in connection with the content hosted/ available on the Platform, or to affect the operation of any other websites or the internet;

Not take any action that imposes an unreasonable or disproportionately large load on the infrastructure associated with the Platform, including but not limited to denial-of-service attacks, “spam” or any other such unsolicited overload technique;

Not try to harm the Platform in any way whatsoever;

Not copy, or distribute any content on the Platform without written permission from the Company; and

Not use the Platform with an incompatible or unauthorized device.

In addition to the foregoing, you will not upload, display, share, host, publish or transmit any information that:

Either belongs to another person or to which you do not have any right whatsoever;

Is harmful, offensive, harassing, obscene, pornographic, invasive of another’s privacy, hateful, racially, or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or an online game that causes user harm, or otherwise unlawful in any manner whatsoever, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;

Infringes any patent, trademark, copyright, or any other proprietary rights; Harms minors in any way or is harmful to child;

Includes any commercial material or content (including solicitation of funds, advertising, or marketing of any good or services);

Deceives or misleads the addressee about the origin of such messages, or communicates any misinformation or information which is patently false and untrue or misleading in nature or in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit specified by the Government;

Impersonates another person;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource;

Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

Is in the nature of an online game that is not verified as a permissible online game;

Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; or

Violates any law for the time being in force.

The Company reserves the right to immediately terminate the use of the Platform by the RIDER if he does not comply with any of the above rules in Clauses III.3 and III.4 above.

The RIDER will not be permitted to operate on the Platform for more than 12 hours on a calendar day and should take a mandatory break of 10 hours before subsequent login into the Platform and offering the Services.

The RIDER consents to provide identity documents for police verification and background checks by the Company, directly or indirectly through a third party appointed by the Company.

The RIDER will have to mandatorily undergo an induction training program of 30 hours before onboarding with the NoArk Platform and agrees to undergo any other training programs including refresher training program as required by applicable law or as deemed necessary by NoArk.

The RIDER will not be allowed to operate without undergoing a complete medical examination including eye check-up through a medical institution prescribed by the Company. The cost of such medical check-up will be borne by the Company.

NoArk / its personnel may undertake spot checks of the Vehicles to verify and ensure your compliance with these T&Cs and applicable laws.
PAYMENT TERMS

The Company has the discretion to charge any such fees from the RIDER as updated on the Platform from time to time and will be subject to applicable taxes.

The Company charges a convenience fee from the customers for facilitating the Services through the Platform.

The RIDER authorizes the Company to collect the service/travel fee (“Fare”) from the customers on behalf of the RIDERs.

If the Fare is collected in cash by the RIDER from the customer, the convenience fee component of the Fare that is due to NoArk by the customers, for providing the Platform and associated services to the customers, will be adjusted against amounts due to be settled with the RIDERs by NoArk.
REPRESENTATIONS, WARRANTIES AND COVENANTS

The RIDERs and the Company represent the following:

They have all requisite power and authority to deliver and perform the obligations imposed herein;

The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order, or judicial pronouncement which is applicable to each party; and

They have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.

The RIDERs hereby represent, warrant, and covenant the following:

They have the requisite authority or assignment to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle that will hinder the RIDER from the performance of the Services or using the Platform;

They have all rights, licenses, and permits as may be required under applicable laws to perform the Service in accordance with these T&Cs;

They are in compliance with the Motor Vehicles Act, 1988 (“MV Act”), Food Safety and Standards Act 2006 and any other applicable laws (including rules, regulations and orders notified thereunder) as required to be complied with by any person driving Vehicles and providing the Services;

At the time of onboarding with the Platform, they have not been convicted within the past 3 years, for the offence of driving under the influence of alcohol or any cognizable offence under the Code of Criminal Procedure, ‘1973 or the Indian Penal Code, 1860 (as may be applicable) including fraud, sexual offences, use of a motor vehicle to commit a cognizable offence, a crime involving property damage or theft, acts of violence, or acts of terror;

They hold and will maintain updated/renewed licenses, insurance and permits necessary for the use of Vehicle;

They will not drive rashly, will follow traffic regulations and all applicable laws, not consume liquor/cigarette/bidi, or any other kind of intoxicant and will have and hold a valid driving license and registration/insurance papers for the Vehicle at all times, during the performance of the Services. The RIDER will not take any personal calls except in the event of an emergency, without prejudicing the safety of the Vehicle and the customer. The RIDER will take all calls from the customer and the Company only after stopping the Vehicle at an appropriate location to take the call, without being a hindrance to the traffic around him or without violating any traffic rules;

They will provide the Services in a courteous and professional manner as reasonably expected by a service provider providing the Services;

They will at all times during which he is undertaking the Services, maintain dress, appearance, and hygiene codes reasonably expected from a service provider;

They will perform its obligations with promptness and use reasonable care and skill and in accordance with standards of diligence, care, skill, quality, and integrity to be reasonably expected of an experienced and reputable provider of Services;

They will provide Services in accordance with all the specifications that may be prescribed and formulated by the Company from time to time;

They will follow all the standard operating procedures (SOPs) and policies that may be prescribed and formulated by the Company from time to time;

They will not carry any weapons, firearms, ammunition, explosive devices, and dangerous substances during performance of the Services;

They will not seek any extra monetary compensation from the customer for the completion of Services by way of tips or otherwise;

They will not commit any fraud while providing the Services or otherwise commit any act or omission, to gain any undue advantage which may include, but not be limited to: intentionally falsify information; accept Service Requests without the intention to complete or provide the Services, provoke customers to cancel for fraudulent purposes; claim fraudulent fees or charges; intentionally request, accept, or complete fraudulent or falsified Service Requests; deliberately increase the time or distance of a trip or delivery for fraudulent purposes or otherwise; claim to complete a delivery without ever picking up the delivery item; picking up a delivery item but retaining all or a portion of the item, or not delivering the entire order; actions intended to disrupt or manipulate the normal functioning of the Company’s Platform, including manipulating the settings on a phone to prevent the proper functioning of the Platform and the GPS system; or falsify documents, records, or other data for fraudulent purposes; creating improper duplicate accounts; or falsify documents, records, or other data for fraudulent purposes, or any other fraudulent, negligent or unlawful activity in contravention of the intent of these T&Cs, permitted scope of Services envisaged under these T&Cs, or applicable laws;

They will not allow more than 1 (one) pillion rider on Bikes;

They will ensure that the Vehicle has a valid fitness certificate issued, insurance certificate, pollution under control certificate, and other permits / certificates / licenses and will operate under valid and subsisting permit(s) granted under relevant provisions of MV Act or any other applicable law;

They will adhere to applicable laws including in relation to road safety, abide by traffic signals, speed limits and such other norms or rules applicable for plying the Vehicle on road;

They will perform each pick-up and delivery in the most efficient manner possible and will make best efforts to adhere to the timelines prescribed;

They will also ensure that the safety of packages is not compromised at the time of delivery;

They will report to NoArk immediately if any illegal or prohibited items are being provided by customer or asked to be delivered by the customer;

Their total earnings for any given financial year do not exceed INR 20,00,000 (Rupees Twenty Lakhs) and that they are an unregistered GST service provider; and

They will promptly inform the Company in case their total earnings exceed or is expected to exceed INR 20,00,000 (Rupees Twenty Lakhs) in a financial year.
RELATIONSHIP BETWEEN THE PARTIES

Independent Contractor: The RIDER will operate as, and have the status of, an independent contractor. The relationship between the Company and the RIDER is on a principal-to-principal basis. The Company and the RIDER are independent legal entities, and nothing in these T&Cs will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the RIDER. It is clarified that the RIDER will not have any right to conclude any contract for and / or on the behalf of the Company or bind the Company in any manner.
RIDER INFORMATION

NoArk may collect RIDER Information at the time of onboarding of the RIDERs and from time to time, to establish the identity of the RIDERs. NoArk reserves the right to store, process, access and use the RIDER Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as NoArk may deem fit and in accordance with NoArk’s Privacy Policy and applicable law. The RIDER hereby expressly consents to such collection and use of RIDER Information.

Subject to applicable laws, NoArk may provide to a third party, governmental agency, judicial body, any RIDER Information, or information relating to the RIDER, if there is a complaint, dispute, or conflict, including any accident involving a RIDER on one hand and end-consumer, or a third party on the other hand.

Please read our Privacy Policy to understand how we deal / handle Information collected from you.

“RIDER Information” shall mean and include any personal data or Information collected from the RIDER including know your customer documents with RIDER’s bank, copies of valid government-issued vehicle registration certificate, mobile number, bank account details, vehicle insurance copy, driving license, identity proof, self-clicked images (selfies), residence proof, location data, proof of ownership of RIDERs’ Vehicle and any other Information that NoArk may deem fit.
CONFIDENTIALITY

The RIDER will keep confidential all data including customer details, market information, all work products and documents related thereto, and the contents of the Platform and will not sell or otherwise make that information available to any third parties. Except as otherwise agreed, the data of customers will be the exclusive property of the Company, and the RIDER will not use the same for any purpose or distribute such data in any form or means except for the purpose of providing the Services and other than as permitted by the Company and will keep it confidential at all times.

All non-public information relating to us or disclosed by us or our affiliates to you that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential information includes but is not limited to: (a) contents / information relating to Services and Platform; (b) information relating to our or our affiliates or business partners’ technology, software, customers, business plans, product plans and designs, promotional and marketing activities, finances and other business affairs;
1. third-party information including that of customers which we are obligated to keep confidential;
2. the nature, content and existence of any discussions or negotiations between you and us or our affiliates; and (e) any other information which should be reasonably kept confidential.
PROPRIETARY RIGHTS

The Company is the sole owner and lawful licensee of all the rights to Platform or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, the website/ Platform, etc. or any other digital media content embodying trade secrets and Intellectual Property Rights protected under worldwide copyright and other laws. All titles, ownership and Intellectual Property Rights in the Platform and its content (except third party links) will remain with the Company, its affiliates, agents, authorized representatives, or licensors as the case may be.

The term “Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including: (i) patent rights and utility models, (ii) copyrights and database rights including moral rights, (iii) trademarks, trade names, domain names and trade dress and the associated goodwill, (iv) trade secrets, and (v) industrial design rights; and for each of the foregoing includes any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.

All rights not otherwise claimed under this T&Cs or by the Company are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.

All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks, and

other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

Subject to your compliance with these T&Cs, the Company grants you a limited, non- exclusive, non-transferable license to download and install a copy of the NoArk mobile application on a single mobile device that you own or control and to run such copy of the NoArk mobile application solely for your own personal use and for providing the Services.

RIDER data: As between NoArk and RIDER, all right, title and interest in: (i) the Information, (ii) other information input into the Platform by RIDER or its authorized users (“Other Information”), and (iii) all Intellectual Property Rights in each of the foregoing, belong to and are retained solely by the RIDER. Information and Other Information are collectively referred to as “Your Information”. RIDER grants to NoArk a unlimited, non-exclusive, royalty-free, worldwide license to use Your Information and perform all acts with respect to the Your Information, as may be necessary for NoArk to operate, maintain and improve the Platform or provide the Services to customers, and a non-exclusive, perpetual, irrevocable, worldwide, royalty- free, fully paid-up license to use, reproduce, modify and distribute the Other Information as a part of the Aggregated Statistics (defined below). RIDER is solely responsible for the accuracy, quality, veracity, integrity, legality, reliability, and appropriateness of Your Information. NoArk agrees to access and use Your Information solely for RIDER’s / customer’s benefit and as set forth in these T&Cs or the Privacy Policy.

Aggregated statistics: Notwithstanding anything else in these T&Cs, NoArk may monitor RIDER’s use of the Platform and use data and information related to such use and Your Information in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Platform and the Services (“Aggregated Statistics”). As between NoArk and RIDER, all right, title and interest in the Aggregated Statistics and all Intellectual Property Rights therein, belong to and are retained solely by NoArk. RIDER acknowledges that NoArk will be compiling Aggregated Statistics based on Your Information and Information input by other customers / other RIDERs into the Platform. RIDER agrees that NoArk may: (i) make such Aggregated Statistics publicly available, and (ii) use such information to the extent and in the manner required by applicable law and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify RIDER.

The RIDER will not do the following:

License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;

Modify or make derivative works based upon the Platform;

Create internet “links” or “frame” or “mirror” any application on any other server or wireless or internet-based device;

Reverse engineer or access the Platform in order to:

design or build a competitive product or service,

design or build a product using similar ideas, features, functions, or graphics of the Platform, or

copy any ideas, features, functions, or graphics of the Platform, or

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.
INDEMNITY

The RIDER agrees to indemnify, defend and hold harmless, the Company, its affiliates, licensees and its officers, directors, agents and employees, from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including, without limitation to costs and expenses incurred in preparing and defending against or prosecuting any litigation, claim, action, suit proceeding or demand) of any kind or character, arising out of or in any manner incidental, relating, or attributable to any inaccuracy, breach, or failure by the RIDER to perform its obligations under these T&Cs or the applicable laws in relation to performance of the Services.

NoArk reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify NoArk, including rights to settle, and you agree to cooperate with NoArk for such defence and settlement. NoArk will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. RIDER may, at its own expense, engage separate counsel to advise RIDER regarding a claim and to participate in the defence of the claim, subject to NoArk’s right to control the defence and settlement.
DISCLAIMERS

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES PROVIDED BY NOARK AND/OR THE PLATFORM. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES PROVIDED BY NOARK AND/OR THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE PLATFORM / SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES PROVIDED BY NOARK AND/OR THE PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM IS 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 excluded and disclaimed to the highest and maximum extent. The Company makes no representation, warranty, or guarantee as to

the reliability, safety, timeliness, quality, suitability, or availability of the Platform. You acknowledge and agree that the entire risk arising out of your use of the Platform remains solely and absolutely with you and you will have no recourse whatsoever to the Company.

The Platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, service failures or interruptions, errors, damages, or losses resulting from such problems. Access to the Platform or the Services may be unavailable, delayed, limited, or slowed, from time to time, due to the inherent nature of the internet and among other things also due to:

Servers, networks, hardware failure (including your own computer or mobile), telecommunication lines and connections, and other electronic and mechanical equipment;

Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;

Overload of system capacities;

Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown, or natural disasters;

Interruption (whether partial or total) of power supplies or other utility service, strike, or other stoppage (whether partial or total) of labour;

Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or

Any other cause (whether similar or dissimilar to the above) beyond the control of NoArk.
LIMITATION OF LIABILITY

The Company is not liable to the RIDER, for any condition, suitability, quality, merchantability, and fitness for any purposes in respect of the Platform or the Services provided through the Platform and is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the use and access of the Platform.

To the extent permissible under applicable laws, the Company is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the breach by the RIDER: (a) of the applicable laws in respect of the use of the Platform or providing the Services; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of these T&Cs; or (d) of the duty of care the RIDER owes to the users of the Platform.

The Company is not responsible for the behaviour, actions, or inactions of the RIDER or, quality of the Vehicle. Any contract for the provision of Vehicle is exclusively between the customer and the RIDER and the Company is not a party to the same.

The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Platform, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Services.

IN NO EVENT WILL NOARK BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NOARK’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE T&Cs OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF INR 1000/-.
TERMINATION

Company is entitled to terminate these T&Cs at all times and with immediate effect, at its sole discretion, (by disabling the RIDER’s registration on the Platform and use of the Platform) for any one or more of the following reasons:

Any violation or breach of any term of these T&Cs;

If the RIDER, in the opinion of the Company, misuses the Platform;

If the RIDER is non-compliant with the requirements under applicable laws; Failure to verify or authenticate RIDER Information;

Any action or omission by the RIDER which can cause legal or contractual liability for NoArk including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by merchants or the users, misconduct, negligence, and all other actions specifically prohibited under applicable laws;

Where, in their opinion, continuance of the Services of RIDER is detrimental to the business interest of NoArk due to the acts of the RIDERs, such as the following:

Misbehaviour, rude behaviour with the staff of NoArk, customers or any other persons associated with the NoArk or any other persons;

Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of NoArk, person associated with NoArk, customers or any other persons;

Concealment of fact/material information while entering into a contract with NoArk;

Poor or irregular at work, meetings, and failure to abide by the rules/terms of the T&Cs or other applicable policies / SOPs notified by NoArk;

Being Drunk / under the influence of drugs or other illegal substances, while providing the Services and unruly/drunken behaviour. NoArk has a zero-tolerance policy in respect of use of drugs or alcohol by any RIDER;

Commission of fraud/ misappropriation/embezzlement for undue monetary gain, or any act which is against the interest of the NoArk;

Negligence in performing the duty, causing damage of moveable and immoveable assets of NoArk, its employees, customers, or any other persons;

Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to NoArk’s brand and its image / reputation;

Indulging in acts such as creating ruckus/ strike/ or any activity against NoArk, which could be detrimental to the NoArk’s brand and its image/ reputation;

Indulging in unauthorized disclosure of Confidential Information of NoArk to external agency, person, or organization;

Misuse of assets provided by NoArk and welcome kits, which could be detrimental to the interest of NoArk’s brand and its image / reputation;

Absconding for more than 4 hours with any asset, delivery item, money or any other valuable item belonging to NoArk, its employees, customers, or other staff member(s);

Failure to abide by any of the rules and guidelines given by NoArk as part of Service quality standards and principles;

Doing any act unbecoming of a RIDER; or

In case the background check, whether wholly or partially, is found negative at any point of time during the term of these T&Cs.

The Company may terminate these T&Cs immediately on the above grounds and is not obliged to give notice of the termination of these T&Cs in advance.

NoArk or RIDER may terminate these T&Cs by providing 7 days’ written notice to the other party.

NoArk, in addition to its right to terminate these T&Cs, in its sole discretion reserves the right to legally prosecute the RIDER immediately, if there is reason to believe that the RIDER has indulged in any fraudulent activity or contravened the T&Cs of the Platform or violated any applicable laws and NoArk will not be responsible for any consequences to the RIDER arising from the same.

Upon termination:

RIDER will stop accessing the Platform and offering the Services;

NoArk will settle all outstanding dues accrued to the RIDER subject to deductions / set off of any amount owed by the RIDER to NoArk;

RIDER will return all property and materials including confidential information belonging to NoArk; and

RIDER will cease holding out as a service provider integrated with or connected with NoArk in any manner.
GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

These T&Cs will be governed by and interpreted in all respects in accordance with the laws of the Republic of India.

Subject to the provisions made in Clause XIV.3, the parties hereby submit to the exclusive jurisdiction of the courts of Bangalore, India.

All disputes arising out of or in relation to these T&Cs will be settled amicably by the parties. In the event, no amicable settlement is arrived at within a period of 15 (fifteen) days from the date of first initiation of the dispute by one party to other, the parties will resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.

The arbitration proceedings will be conducted by an arbitral tribunal comprising of 1 arbitrator mutually appointed by you and the Company.

The arbitration proceedings will be conducted in English language only and the seat for arbitration will be Bangalore, India.

The award of the arbitral tribunal will be final and binding.
ASSIGNMENT

The RIDER may not assign its rights or obligations under these T&Cs without prior written approval of the Company. The Company may assign any of its rights and obligations to its affiliates or third parties without prior consent or notice.
AMENDMENT

These T&Cs may be amended from time to time and as and when required, at the sole discretion of the Company. If NoArk makes any changes to these T&Cs that it deems to be material, NoArk will make a reasonable effort to inform you of such changes, but it is your responsibility to review the T&Cs posted to the Platform from time to time to see if it has been changed. The updated version of these T&Cs will supersede the current version and such updated version will be immediately

effective upon being posted on the Platform. The continued use of the Platform following the notification of modification of the T&Cs or after being updated on the Platform will be construed to mean the acceptance of the said modified T&Cs.
SEVERABILITY

If any provision or any part of a provision of these T&Cs is invalid, unenforceable or prohibited by applicable laws of the Republic of India , such provision or part of provision will be severed from these T&Cs and will be considered divisible as to such provision or part thereof and such provision or part thereof will be inoperative and will not be part of the consideration moving between you and the Company hereto and the remainder of these T&Cs will be valid and binding and of like effect as though such provision was not included herein.
INSURANCE

The Company at its sole discretion may insure the RIDER against any accident suffered by the RIDER during provision of Services by the RIDER using the Platform. The Company reserves the right to recover any amount paid by the Company in lieu of the insurance from the RIDER.
NOTICES

The Company may give notice by means of a general notice on the Platform, or by electronic mail to your email address on record in the Company’s account information, or by written communication sent by regular mail to the RIDER’s address on record in the Company’s account information.

RIDER needs to send any notice at email id: RIDERcare@NoArk.bike.
CUSTOMER CARE AND GRIEVANCE REDRESSAL

Any opinions, issues or suggestion regarding the Platform can be provided / resolved by reaching out to the customer care number or email mentioned below:

Customer Care details: shoutout@NoArk.bike

Any complaint, dispute, or grievance in relation to the Services or the Platform should be addressed to NoArk as given below. Such complaint, dispute or grievance will be handled as per applicable laws.

Grievance Officer: Rishikesh S R

e-mail: rishi@NoArk.bike

Address. Salarpuria Softzone, Wing C, First floor office 1, Block A, Bellandur village, Bangalore-560103, India.

TERMS AND CONDITIONS FOR RIDERS

(Four-Wheeler Vehicle)

Roppen Transportation Services Private Limited (“NoArk”/ “Company”/ “us”/ “we”/ “our”) provides technology-based platform and acts as a discovery platform for facilitating lead generation for RIDERs who shall offer services directly to the Users (defined below) through four-wheeler vehicles (“Vehicle(s)”) and other support services as offered by NoArk from time to time by means of the Company’s website and the mobile application “NoArk App” (collectively, “Platform”).

The services are provided/ offered by third party vehicle operators, service providers or drivers who wish to use the Platform to discover the Users hereinafter referred to as (“RIDER(s)”/ “you”).

On the basis of the representations and warranties provided by the RIDER, the Company has agreed to onboard RIDERs on the Platform and to enable the RIDERs to discover the Users. The RIDER shall act in accordance with the terms and conditions as hereinafter provided and any other policy or agreement or document made applicable / executed by you for the purpose of the provision of the usage of Platform (collectively, “T&Cs”). These T&Cs will govern the relationship between you and the Company in the course of provision of the usage of Platform. By signing up or registering on the Platform, you acknowledge that you have read and understood these T&Cs and agree to be bound

by these T&Cs, without any limitation or qualification. If you do not agree with these T&Cs, please do not sign up or register on the Platform.

These T&Cs expressly supersede prior agreements or arrangements with you. Use of, and access to, the Platform, is offered to you upon the unconditional acceptance of all the terms, conditions and notices contained in these T&Cs and Privacy Policy (which is incorporated herein by reference), along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time.

These T&Cs expressly supersede prior agreements or arrangements with you.

REGISTRATION ON AND USE OF THE PLATFORM

We provide the Platform on which you may discover the Users and may choose to provide services on your own by means of Vehicles, in accordance with terms and conditions agreed between users who request for and/ or avail such services (“Users”) and the RIDER.

NoArk may collect RIDER Information (defined below) at the time of onboarding of the RIDER, to establish the identity of the RIDERs. NoArk reserves the right to store, process, access and use the RIDER Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as NoArk may deem fit and in accordance with NoArk’s Privacy Policy and applicable law. The RIDER hereby expressly consents to such collection and use of RIDER Information.

Subject to applicable laws, NoArk may provide to a third party, governmental agency, judicial body, any RIDER Information or information relating to the RIDER, if there is a complaint, dispute or conflict, including any accident involving a RIDER on one hand and end-consumer, or a third party on the other hand.

“RIDER Information” shall mean and include any personal data or Information collected from the RIDER, including know your customer documents, copies of valid government-issued vehicle registration certificate, mobile number, bank account details, vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership of RIDERs’ Vehicle and any other Information that NoArk may deem fit.

By using the Platform, you authorize NoArk, whether directly or indirectly through third parties, to collect information about you including RIDER Information, or make any inquiries necessary to validate your identity including background checks, in accordance with our Privacy Policy. Please read the Privacy Policy to understand how we collect, process and share your information, including RIDER Information, personal information and sensitive personal data or information (collectively, “Information”).

When you provide any Information to NoArk, you will provide only true, accurate, current, and complete Information. You understand and acknowledge that the responsibility to provide correct Information, including your contact information, bank account details etc., lies solely with you. We will not be responsible to verify the accuracy of the Information provided by you.

To use the Platform, you should be eligible as per the onboarding criteria and provide such documents as requested by NoArk (from time to time) as per applicable law and NoArk’s internal policies, and ensure continued compliance with the same.

Particularly, you represent, warrant and covenant to NoArk that:

You have at least 2 years of driving experience;

No proceeding is pending against you regarding and neither have been convicted of (a) driving under the influence of drugs or alcohol or (b) any cognizable offence under the Code of Criminal Procedure, 1973, including fraud, sexual offences, use of a motor vehicle to commit cognizable offence, or of any crime involving property damage, theft, acts of violence, or acts of terror, in the past 3 years; and

You have cleared and have no pending challans applicable to the Vehicle prior to integration with the Platform.

You must register on the Platform and create an account on the Platform (“Your Account”) by providing accurate Information as sought during the registration process.

Further, we may ask you for Information or documents that will allow us, whether directly or indirectly through third parties, to reasonably identify you, requiring you to take steps to confirm your right over your email address or financial instruments, or verifying your information against third party databases or through other sources. We reserve the right to terminate, suspend, or limit access to the Platform in the event we are unable to obtain or verify this Information.

You are solely responsible for maintaining the confidentiality of your credentials (username, password, etc.) provided upon registration by you, and the Company is not liable for any loss you may incur as a result of someone else using Your Account, either with or without your knowledge.

You agree to accept responsibility for all activities that occur in or from Your Account, and agree to establish reasonable security procedures and controls to limit access to the password or other identifying information of Your Account to unauthorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your Information. Your credentials include your username and password to Your Account and to any third-party account you have used to login to Your Account.

NoArk will not be liable for any breach of security or unauthorized use of Your Account.

The Company will not be liable if you do not download the correct mobile application including correct and compatible version of the NoArk mobile application.

You agree that NoArk (either directly or indirectly through its affiliates or third parties) may communicate with you in connection with the Platform or the services, either electronically (for example, push notifications), or through phone calls, WhatsApp messenger application, email, or in writing through other modes.

Once you have registered Your Account, you will be discoverable on the Platform to Users and will be able to offer and provide services based on the pick-up location and drop off location chosen by the User and the fee agreed between you and the Users.

After the acceptance of the ride request from you, you can communicate with the User on the Platform.

The Platform will reflect a standard price range for the distance between your chosen pick up and drop off location. The charges will be decided by you and the RIDER mutually. NoArk is not involved or responsible for fixing the charges for the ride.
GENERAL COVENANT

In relation to your access of the Platform and to provide the services, you covenant and agree to the following:

For the purposes of registration/ creation of an account on the Platform and providing the services, you confirm that you are 18 years of age.

You are not restricted by any legal, regulatory, judicial, quasi-judicial or other authority, to access the Platform or provide the services, including to enter into transactions contemplated using the services.

You will provide the services solely as permitted and in accordance with these T&Cs.

These T&Cs impose valid and legally binding obligations on you and are enforceable against you.
PAYMENT TERMS

The Company has the discretion to charge any such fees including subscription fees from the RIDER in consideration for the Platform provided by NoArk, as updated on the Platform from time to time, which will be subject to applicable taxes.

RIDER will receive payments for services rendered to Users directly from Users.

Once you and the User have agreed on the fee and confirmed it on the NoArk App, it will form a binding contract between you and the User for the services agreed to be provided by you to the User from the User’s chosen pick up location to their chosen drop location.

NoArk may display an estimated price range based on market rates that apply to the route and approximate distance the Users have chosen on the Platform which you may use as guidance for you to quote or accept the offer price. However, NoArk makes no guarantee or warranty with respect to the accuracy or reliability of the price displayed and is merely provided for guidance.

RIDER may levy on the Users cancellation fee, refund, or other charges including applicable taxes in connection with the services. These charges, fees, and any other payments owed by User to the RIDER or owed by the RIDER to User are part of the contractual arrangement between User and the RIDER for the services and are required to be settled between User and the RIDER. In no event will NoArk be responsible or liable for any such payments.

The RIDER will issue appropriate invoices as required under applicable law including goods and services tax laws, to User for or in connection with the services. NoArk will not issue any invoice to User in connection with the services as the transaction in connection with the services, including payments, are settled directly between User and the RIDER and NoArk has no role to play in the same.

RIDER agrees and acknowledges that NoArk is not in any way be responsible for the settlement of any payments owed to you by the User or owed by you to the User.

These T&Cs are subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at

any point of time. You further agree to use your best efforts to do everything necessary and required by applicable laws to enable, assist and/or defend NoArk to claim or verify any input tax credit, set off, rebate, or refund in respect of any taxes paid or payable in connection with the services.

You are responsible for the collection and remission of all taxes associated with the services you or any transactions through your use of the services, and NoArk will not be held accountable in relation to any transactions between the Users and RIDERs where any tax related issue has occurred.

The Company reserves the right to vary, or discontinue, any of the services and/ or making the services available in their entirety.
YOUR CONDUCT
1. In relation to the Platform, the RIDER agrees to:
  1. Not authorize others to use Your Account on the Platform;
  2. Not assign or otherwise transfer Your Account to any other person or legal entity;
  3. Not use the Platform for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
  4. Not consume alcohol or drugs, or be under the influence of drugs or other illegal substances, prior to or during the provision of services. NoArk has a zero-tolerance policy in respect of use of drugs, alcohol, intoxicants or other illegal substances, by any RIDER and the Users can report any such behaviour to NoArk and strict action will be taken by NoArk including but not limited to suspension of your services/ Your Account while under investigation and termination;
  5. Not impair the proper operation of the network/ Platform and will not use any device, software, routine, file or other tool or technology, which includes any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage, interfere with or affect functionality or operation of the Platform, to surreptitiously intercept or expropriate any system, data or information in connection with the content hosted/ available on the Platform, or to affect the operation of any other websites or the internet;
  6. Not take any action that imposes an unreasonable or disproportionately large load on the infrastructure associated with the Platform, including but not limited to denial-of-service attacks, “spam” or any other such unsolicited overload technique;
  7. Not try to harm the Platform in any way whatsoever;
  8. Not copy, or distribute any content on the Platform without written permission from the Company; and
  9. Not use the Platform with an incompatible or unauthorized device.
2. In addition to the foregoing, you will not upload, display, share, host, publish or transmit any information that:
  1. Either belongs to another person or to which you do not have any right whatsoever;
  2. Is harmful, offensive, harassing, obscene, pornographic, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or an online game that causes user harm, or otherwise unlawful in any manner whatsoever, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
  3. Infringes any patent, trademark, copyright or any other proprietary rights;
  4. Harms minors in any way or is harmful to child;
  5. Includes any commercial material or content (including solicitation of funds, advertising, or marketing of any goods or services);
  6. Deceives or misleads the addressee about the origin of such messages, or communicates any misinformation or information which is patently false and untrue or misleading in nature or in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit specified by the Government;
  7. Impersonates another person;
  8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  10. Is in the nature of an online game that is not verified as a permissible online game;
  11. Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; or
  12. Violates any law for the time being in force.
3. The Company reserves the right to immediately terminate the use of the Platform by the RIDER if he does not comply with any of the above rules in Clauses IV.1 and IV.2 above.
4. The RIDER will not be permitted to operate on the Platform for more than 12 hours on a calendar day and should take a mandatory break of 10 hours before subsequent login into the Platform and offering the services.
5. The RIDER consents to provide identity documents as required under NoArk’s policies for background checks by the Company, directly or indirectly through a third party appointed by the Company.
6. NoArk/ its personnel may undertake spot checks of the Vehicles to verify and ensure your compliance with these T&Cs.
REPRESENTATIONS, WARRANTIES AND COVENANTS
1. The RIDERs and the Company represent the following:
  1. They have all requisite power and authority to, deliver and perform, the obligations imposed herein;
  2. The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order, or judicial pronouncement which is applicable to each party; and
  3. They have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.
2. The RIDERs hereby represent, warrant and covenant the following:
  
  They have the requisite authority or assignment to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle that will hinder the RIDER from the performance of the services or using the Platform;
  
  They have all rights, licenses, and permits as may be required under applicable laws to perform the services in accordance with these T&Cs;
  
  They are in compliance with the Motor Vehicles Act, 1988 (“MV Act”), and any other applicable laws (including rules, regulations and orders notified thereunder) as required to be complied with by any person driving Vehicles or providing the services;
  
  At the time of onboarding with the Platform, they have not been convicted within the past 3 years, for the offence of driving under the influence of alcohol or any cognizable offence under the Code of Criminal Procedure, '1973 or the Indian Penal Code, 1860 (as may be applicable) including fraud, sexual offences, use of a motor vehicle to commit a cognizable offence, a crime involving property damage or theft, acts of violence, or acts of terror;
  
  They hold and will maintain updated/ renewed licenses, insurance and permits necessary for the use of Vehicle;
  
  They will maintain the Vehicle in a clean, fit and proper condition;
  
  They will not drive rashly, will follow traffic regulations and all applicable laws, not consume liquor/ cigarette/ bidi, or any other kind of intoxicant and will have and hold a valid driving license and registration/ insurance papers for the Vehicle at all times, during the performance of the services;
  
  The RIDER will not take any personal calls except in the event of an emergency, without prejudicing the safety of the Vehicle and the User. The RIDER will take all calls from anyone including the User and the Company only after stopping the Vehicle at an appropriate location to take the call, without being a hindrance to the traffic around them or without violating any traffic rules;
  
  They will provide the services in a courteous and professional manner as reasonably expected by a service provider providing the services;
  
  They will at all times during which they are providing the services, maintain dress, appearance, and hygiene codes reasonably expected from a service provider;
  
  They will perform their obligations with promptness and use reasonable care and skill and in accordance with standards of diligence, care, skill, quality and integrity to be reasonably expected of an experienced and reputable provider of services;
  
  They will provide services in accordance with all the specifications that may be prescribed and formulated by the Company from time to time;
  
  They will follow all the standard operating procedures (SOPs) and policies that may be prescribed and formulated by the Company from time to time;
  
  They will not carry any weapons, firearms, ammunition, explosive devices and dangerous substances during performance of the services;
  
  They will not seek any extra monetary compensation from the User for the completion of services by way of tips or otherwise;
  
  They will not commit any fraud while providing the services or otherwise commit any act or omission, to gain any undue advantage which may include, but not be limited to: (i) intentionally falsify information, (ii) accept service requests without the intention to complete or provide the services, provoke Users to cancel for fraudulent purposes; (iii) claim fraudulent fees or charges; (iv) intentionally request, accept, or complete fraudulent or falsified service requests; (v) deliberately increase the time or distance of a trip for fraudulent purposes or otherwise; (vi) actions intended to disrupt or manipulate the normal functioning of the Company’s Platform, including manipulating the settings on a phone to prevent the proper functioning of the Platform and the GPS system; (vii) falsify documents, records, or other data for fraudulent purposes; (viii) create improper/duplicate accounts; (ix), or any other fraudulent, negligent or unlawful activity in contravention of the intent of these T&Cs, permitted scope of services envisaged under these T&Cs, or applicable laws;
  
  They will ensure that the Vehicle has a valid fitness certificate issued, insurance certificate, pollution under control certificate, and other permits/ certificates/ licenses and will operate under valid and subsisting permit(s) granted under relevant provisions of MV Act or any other applicable law; and
  
  They will adhere to applicable laws including in relation to road safety, abide by traffic signals, speed limits and such other norms or rules applicable for plying the Vehicle on road.
RELATIONSHIP BETWEEN THE PARTIES

Independent service provider: The RIDER will operate as, and have the status of, an independent service provider. The relationship between the Company and the RIDER is on a principal-to-principal basis. The Company and the RIDER are independent legal entities, and nothing in these T&Cs will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the RIDER. It is clarified that the RIDER will not have any right to conclude any contract for and/or on the behalf of the Company or bind the Company in any manner.
CONFIDENTIALITY

The RIDER will keep confidential all Confidential Information including details of Users, market information, all work products and documents related thereto, and the contents of the Platform and will not sell or otherwise make that information available to any third parties. Except as otherwise agreed, the data of Users will be the exclusive property of the Company or the Users, and the RIDER will not use the same for any purpose or distribute such data in any form or means except for the purpose of providing the services and other than as permitted by the Company and will keep it confidential at all times.

“Confidential Information” will mean and include all non-public information relating to us or disclosed by us or our affiliates to you that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential information includes but is not limited to:

contents/ information relating to services and Platform;

information relating to our or our affiliates or business partners’ technology, software, customers, business plans, product plans and designs, promotional and marketing activities, finances and other business affairs;

third-party information including that of Users which we are obligated to keep confidential;

the nature, content and existence of any discussions or negotiations between you and us or our affiliates; and

any other information which should be reasonably kept confidential.
PROPRIETARY RIGHTS

The Company is the sole owner and lawful licensee of all the rights to Platform or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, the website/ Platform, etc. or any other digital media content embodying trade secrets and Intellectual Property Rights protected under worldwide copyright and other laws. All titles, ownership and Intellectual Property Rights in the Platform and its content (except third party links)

will remain with the Company, its affiliates, agents, authorized representatives, or licensors as the case may be.

The term “Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including: (i) patent rights and utility models, (ii) copyrights and database rights including moral rights, (iii) trademarks, trade names, domain names and trade dress and the associated goodwill, (iv) trade secrets, and (v) industrial design rights; and for each of the foregoing includes any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.

All rights not otherwise claimed under this T&Cs or by the Company are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.

All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

Subject to your compliance with these T&Cs, the Company grants you a limited, non- exclusive, revocable, non-transferable license to download and install a copy of the NoArk mobile application on a single mobile device that you own or control and to run such copy of the NoArk mobile application solely for your own personal use and for providing the services, for the term of these T&Cs.

RIDER data: As between NoArk and RIDER, all right, title and interest in: (i) the Information, (ii) other information input into the Platform by RIDER or its authorized users (“Other Information”), and (iii) all Intellectual Property Rights in each of the foregoing, belong to and are retained solely by the RIDER. Information and Other Information are collectively referred to as “Your Information”. RIDER grants to NoArk an unlimited, non-exclusive, royalty-free, worldwide license to use Your Information and perform all acts with respect to the Your Information, as may be necessary for NoArk to operate, maintain and improve the Platform or provide the services to Users, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify and distribute the Other Information as a part of the Aggregated Statistics (defined below). RIDER is solely responsible for the accuracy, quality, veracity, integrity, legality, reliability, and appropriateness of Your Information. NoArk agrees to access and use Your Information solely for RIDER’s/ User’s benefit and as set forth in these T&Cs or the Privacy Policy.

Aggregated statistics: Notwithstanding anything else in these T&Cs, NoArk may monitor RIDER’s use of the Platform, and use data and information related to such use and Your Information in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Platform and the services (“Aggregated Statistics”). As between NoArk and RIDER, all right, title and interest in the Aggregated Statistics and all Intellectual Property Rights therein, belong to and are retained solely by NoArk. RIDER acknowledges that NoArk will be compiling Aggregated Statistics based on Your Information and Information input by other customers/ other RIDERs into the Platform. RIDER agrees that NoArk may: (i) make such Aggregated Statistics publicly available, and (ii) use such information to the extent and in the manner required by applicable law and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify RIDER.

The RIDER will not do the following:

License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;

Modify or make derivative works based upon the Platform;

Create internet “links” or “frame” or “mirror” any application on any other server or wireless or internet-based device; or

Reverse engineer or access the Platform in order to:

design or build a competitive product or service,

design or build a product using similar ideas, features, functions or graphics of the Platform, or

copy any ideas, features, functions or graphics of the Platform, or

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.
INDEMNITY

The RIDER agrees to indemnify, defend and hold harmless, the Company, its affiliates, licensees and its officers, directors, agents and employees, from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including attorneys’ fees and court costs) which result from a breach or alleged breach of these T&Cs by you including but not limited to, (i) your use or misuse of the Platform or services; (ii) your breach or violation of any of these T&Cs; and (iii) any claims from any third-party any claims from any third-party as a result of or in connection with your use of the services provided by RIDERs, Platform or the services.
DISCLAIMERS
1. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES PROVIDED BY NOARK AND/OR THE PLATFORM. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES PROVIDED BY NOARK AND/OR THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE PLATFORM / SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE,
  
  (D) THE QUALITY OF ANY SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES PROVIDED BY NOARK AND/OR THE PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.
2. 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 excluded and disclaimed to the highest and maximum extent. The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability, or availability of the Platform. You acknowledge and agree that the entire risk arising out of your use of the Platform remains solely and absolutely with you and you will have no recourse whatsoever to the Company.
3. The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this Platform, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or
  
  obtained by you as a result of an advertisement or any other information or offer in or in connection with a service.
4. All rights not otherwise claimed under these T&Cs or by the Company are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
5. Neither party hereto will be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
6. The information, recommendations provided to you on or through the website, or the Platform is for general information purposes only and does not constitute advice.
7. The Company will reasonably keep the Platform and its contents correct and up to date and offer you uninterrupted access but does not guarantee that the Platform is free of errors, defects, malware and viruses or that the contents in the Platform are correct, up to date and accurate. NoArk assumes no liability whatsoever for any monetary or other damage or loss suffered by you on account of the delay, failure, interruption or errors in the operation of the Platform.
8. The Company will further not be liable for damages resulting from the use of or the inability to use the Platform, including but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
9. Access to the Platform may be unavailable, delayed, limited or slowed, from time to time, due to the inherent nature of the internet and among other things also due to:
  1. Servers, networks, hardware failure (including your own computer or mobile), telecommunication lines and connections, and other electronic and mechanical equipment;
  2. Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
  3. Overload of system capacities;
  4. Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
  5. Interruption (whether partial or total) of power supplies or other utility service, strike or other stoppage (whether partial or total) of labour;
  6. Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
  7. Any other cause (whether similar or dissimilar to the above) beyond control of NoArk.
10. The RIDERs are independent service providers. The Company is not responsible for the behaviour, actions, or inactions of RIDERs or quality of the Vehicle or the services. Any contract for the services including payment for such services is exclusively between User and the RIDER and the Company is not a party to the same.
11. For the avoidance of doubt, it is clarified that the Company itself does not provide the services and is not a service provider. NoArk’s role is limited to facilitating lead generation and discovery of Users and RIDERs, and linking third party service providers who provide or offer to provide services directly to Users.
LIMITATION OF LIABILITY

The Company is not responsible for the behaviour, actions, or inactions of the RIDER or the quality of the Vehicle. Any contract for the provision of services is exclusively between the User and the RIDER, and the Company is not a party to the same.

NoArk does not and will not assess nor monitor the suitability, legality, or ability of any RIDER, and you expressly waive and release NoArk from any and all liability, claims, or damages arising from or in any way related to the RIDER. NoArk will not be a party to disputes or negotiations of disputes between you and the RIDER. We cannot and will not play any role in managing payments between you and the RIDER. Responsibility for the decisions you make regarding services offered via the RIDER, software, and/or the Platform (with all its implications) rests solely with and on you. You expressly waive and release NoArk from any and all liability, claims, causes of action, or damages arising from your use of the service, software, and/or the Platform, or in any way related to the RIDER introduced to you by the service, software, and/or the Platform.

IN NO EVENT WILL NOARK BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON

CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NOARK’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE T&Cs OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF INR 1000/-.
TERMINATION

Company is entitled to terminate these T&Cs at all times and with immediate effect, at its sole discretion, (by disabling the RIDER’s registration on the Platform and use of the Platform) for any one or more of the following reasons:
1. Any violation or breach of any term of these T&Cs or non-compliance with the requirements under applicable laws;
2. If the RIDER, in the opinion of the Company, misuses the Platform; or
3. Where, in their opinion, continuance of the services of RIDER is detrimental to the business interest of NoArk due to the acts of the RIDERs.
The Company may terminate these T&Cs immediately on the above grounds and is not obliged to give notice of the termination of these T&Cs in advance.

NoArk or RIDER may terminate these T&Cs by providing 7 days’ written notice to the other party.

NoArk, in addition to its right to terminate these T&Cs, in its sole discretion reserves the right to legally prosecute the RIDER immediately, if there is reason to believe that the RIDER has indulged in any fraudulent activity or contravened the T&Cs of the Platform or violated any applicable laws, and NoArk will not be responsible for any consequences to the RIDER arising from the same.

Upon termination:
1. RIDER will stop accessing the Platform and offering the services;
2. RIDER will return all property and materials including Confidential Information belonging to NoArk; and
3. RIDER will cease holding out as a service provider integrated with or connected with NoArk in any manner.
GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

These T&Cs will be governed by and interpreted in all respects in accordance with the laws of the Republic of India.

Subject to the provisions made in Clause XIII.3, the parties hereby submit to the exclusive jurisdiction of the courts of Bangalore, India.

All disputes arising out of or in relation to these T&Cs will be settled amicably by the parties. In the event, no amicable settlement is arrived at within a period of 15 (fifteen) days from the date of first initiation of the dispute by one party to other, the parties will resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.

The arbitration proceedings will be conducted by an arbitral tribunal comprising of 1 arbitrator mutually appointed by you and the Company.

The arbitration proceedings will be conducted in English language only and the seat for arbitration will be Bangalore, India.

The award of the arbitral tribunal will be final and binding.
ASSIGNMENT

You may not assign your rights under these T&Cs without prior written approval of the Company. NoArk may freely assign its rights and obligations without prior notice to or consent from RIDER.
AMENDMENT

These T&Cs may be amended from time to time and as and when required, at the sole discretion of the Company. If NoArk makes any changes to these T&Cs that it deems to be material, NoArk will make a reasonable effort to inform you of such changes, but it is your responsibility to review the T&Cs posted to the Platform from time to time to see if it has been changed. The updated version of these T&Cs will supersede the current version and such updated version will be immediately effective upon being posted on the Platform. The continued use of the Platform following the notification of modification of the T&Cs or after being updated on the Platform will be construed to mean the acceptance of the said modified T&Cs.
SEVERABILITY

If any portion of these T&Cs are found to be unenforceable, the remaining portion will remain in full force and effect.
NOTICES

The Company may give notice by means of a general notice on the Platform, or by electronic mail to your email address on record in the Company’s account information, or by written communication sent by regular mail to the RIDER’s address on record in the Company’s account information.

RIDER needs to send any notice at email id: RIDERcare@NoArk.bike.
CUSTOMER CARE AND GRIEVANCE REDRESSAL

Any opinions, issues or suggestion regarding the Platform can be provided / resolved by reaching out to the customer care number or email mentioned below:

Customer Care details: shoutout@NoArk.bike.

You can also reach out to the Customer Care through our 24*7 call support with respect to any technical issues faced by you on the Platform.

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Contact Us

NoArk

NoArk is a platform where people can get rides at a LOWEST fares in the industry by BIKE,AUTO and CAR without paying a rupee commission to anyone including the platform.

NoArk Solutions, Door No : 6-3-98, STBL colony YSR Tadigadapa, Vijayawada Town Part Village, Vijayawada East Mndal, NTR District, Pincode-521137

noark252525@gmail.com

+ (91) 855 506 8178

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