Terms & Conditions

Please read these Terms and Conditions ("Terms") carefully before using the goPayana website, mobile applications, and services (collectively, the "Services") operated by Go Payana ("us", "we", or "our"). These Terms constitute a legally binding agreement between you and goPayana.

Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Services.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. You also understand and agree to comply with all applicable laws, rules, and regulations in India, including but not limited to the Motor Vehicles Act, 1988, the Information Technology Act, 2000 (and its amendments, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021), the Consumer Protection Act, 2019, and any other relevant state or local transportation regulations, as they pertain to online aggregators and transportation services. If you disagree with any part of the terms, then you do not have permission to access or use the Services.

1. Services Provided

goPayana provides a technology platform that enables users ("Riders") to request and schedule on-demand transportation and logistics services with independent third-party providers ("Drivers" ). goPayana does not provide transportation services itself and is not a transportation carrier. Our role is solely to act as an intermediary to connect Riders with Drivers for transportation needs. Drivers operate as independent contractors and are not employees, agents, or partners of goPayana. goPayana is not responsible for the acts or omissions of any Driver or Rider. The Services facilitate the booking, payment processing, and communication between Riders and Drivers.

2. Eligibility

To access and use the Services, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different from 18). By accessing or using the Services, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you must not access or use the Services.

For Drivers, additional eligibility criteria include, but are not limited to:

• Holding a valid driving license for the vehicle class, including a commercial driving license (if applicable), and all necessary permits as per Indian transport laws.
• Possessing valid vehicle registration, fitness certificate, pollution under control (PUC) certificate, and comprehensive vehicle insurance documents.
• Passing all required background checks, identity verification processes, and vehicle inspections as required by goPayana and applicable laws.
• Meeting any specific vehicle age, type, or condition requirements as stipulated by Go Payana (e.g., vehicle model year, minimum seating capacity, cleanliness standards).
• Adhering to all local, state, and national transport authority regulations and obtaining any necessary commercial vehicle permits or licenses.
• Maintaining a valid bank account for receiving payouts.

3. User Accounts

• Registration: To use most features of the Services, you must register for and maintain an active personal user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete at all times. Failure to provide accurate and complete information, or to update it promptly, may result in the suspension or termination of your account and inability to access or use the Services.
• Account Security: You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. goPayana will not be liable for any loss or damage arising from your failure to comply with this security obligation. We strongly recommend using a strong, unique password for your account and enabling any available multi-factor authentication features.
• Account Suspension/Termination: We reserve the right to suspend or terminate your account at our sole discretion, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms, engage in fraudulent activity, receive consistently low ratings, violate our safety guidelines or any applicable law, or if your account is inactive for an extended period (e.g., 90 days for Riders, 30 days for Drivers, subject to change). Upon termination, your right to use the Services will immediately cease.

4. User Conduct and Obligations

4.1. General Obligations

• You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by, any third party.
• You must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
• You agree to treat Drivers and other users with respect and not to engage in unlawful, threatening, harassing, abusive, or discriminatory behaviour, whether verbally or physically. This includes, but is not limited to, discrimination based on race, religion, gender, disability, sexual orientation, caste, or national origin.
• You are responsible for ensuring that your use of the Services complies with all applicable local, state, and national laws and regulations, including traffic laws and any specific rules related to public transportation.

4.2. Prohibited Activities

You agree not to engage in any of the following prohibited activities while using the Services:

• Using the Services for any illegal or unauthorized purpose, including but not limited to transporting illegal goods, engaging in illegal activities during a ride, or violating any applicable laws.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Harassing, abusing, or harming another person or group, including goPayana employees, Drivers, or other users.
• Damaging, modifying, or interfering with the Services or any associated networks or servers, including attempting to circumvent any security features or reverse-engineer the application.
• Attempting to gain unauthorized access to the Services, other user accounts, or computer systems or networks connected to the Services.
• Using automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services, or to send unsolicited messages.
• Engaging in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), including denial-of-service attacks.
• Soliciting or collecting personal information from other users for commercial purposes without their explicit consent.
• Using the Services to transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• Causing nuisance, annoyance, inconvenience, or property damage to the Driver, other users, or any other third party.
• Creating multiple accounts for fraudulent or abusive purposes, including to exploit promotions or manipulate ratings.
• Consuming alcohol or illegal drugs while using the Services as a Rider or Driver.
• Carrying any illegal, hazardous, or dangerous materials in the vehicle.
• Engaging in any form of sexual harassment, inappropriate conduct, or violence.
• Manipulating fares, GPS, or any other aspect of the app to gain an unfair advantage or defraud goPayana or other users.
• Recording audio or video of the Driver or other passengers without their explicit consent, except as permitted by law for safety purposes.

4.3. Rider Obligations

• Payment: You agree to pay all applicable fares, tolls, taxes (including GST), and other charges incurred in connection with your use of the Services. This includes any applicable cancellation fees, waiting charges, cleaning fees, or damage repair costs.
• Cancellation: You may be subject to a cancellation fee if you cancel a ride request after a Driver has accepted it and/or after a certain time has elapsed (typically 5 minutes for cabs, 2 minutes for auto-rickshaws, but subject to specific ride type policies). Cancellation policies will be clearly communicated within the app.
• Safety and Conduct: You are responsible for your own safety and the safety of your belongings during a ride. You agree to follow the Driver's reasonable instructions, wear seatbelts, and not engage in any behaviour that could compromise safety or violate traffic laws. Do not distract the driver or interfere with the operation of the vehicle.
• Damage to Property: You are responsible for the cost of repair for damage to, or necessary cleaning of, Driver vehicles and property resulting from your use of the Services in excess of normal "wear and tear." goPayana reserves the right to charge you for such damages, and you agree to pay such charges.
• Children and Minors: Children below 18 years of age must be accompanied by an adult. Drivers are not permitted to transport unaccompanied minors.
• Lost and Found: If you leave an item in a Driver's vehicle, goPayana will assist in connecting you with the Driver. However, goPayana is not responsible for lost or stolen items and does not guarantee their recovery. A retrieval fee may apply, payable directly to the Driver, for the return of lost items.
• No-Show Policy: If you are not present at the pickup location within the stipulated waiting time, the Driver may cancel the ride, and a cancellation fee may be applied.
• Luggage Policy: Riders are permitted to carry reasonable luggage that can be safely accommodated within the vehicle's designated storage space (e.g., boot/trunk) without obstructing the driver's view or posing a safety hazard. Over-sized or excessive luggage that cannot be safely accommodated may be refused by the driver.
• Pet Policy: Pets are generally not permitted in goPayana vehicles unless the driver explicitly agrees or the vehicle type is specifically designated as "pet-friendly" within the app. Service animals (e.g., guide dogs) are an exception, subject to applicable laws. Riders must inform the driver in advance if they intend to travel with a service animal.

4.4. Driver Obligations (if applicable)

• Compliance: Drivers must comply with all applicable laws, regulations, and licensing requirements related to providing transportation services in their jurisdiction, including but not limited to motor vehicle laws, traffic laws, RTO regulations, and local transportation regulations. This includes holding valid driving licenses, vehicle registrations, and insurance.
• Ongoing Verification: Drivers agree to undergo periodic background checks, vehicle inspections, and document verifications as deemed necessary by goPayana to ensure continued compliance and safety standards. Failure to comply with verification requests may lead to account suspension.
• Vehicle Standards: Drivers are responsible for ensuring their vehicles are roadworthy, properly maintained, clean, and safe for passengers at all times. Vehicles must meet all safety standards and regulatory requirements specified by goPayana and local authorities.
• Professional Conduct: Drivers must maintain a professional demeanor, adhere to safety standards, drive safely and responsibly, and provide services efficiently and courteously. This includes refraining from discrimination, harassment, or any unprofessional behaviour towards riders. Drivers must be punctual, communicate effectively with riders regarding pickup and route, and maintain a high standard of service.
• Acceptance of Rides: Drivers are expected to accept ride requests promptly and complete them efficiently, without undue delays or unauthorized detours. Drivers must also adhere to the routes suggested by the goPayana app unless a rider explicitly requests a change and it is safe and legal to do so. Drivers must not refuse rides based on destination, payment method, or any discriminatory reason.
• Ratings and Service Quality: Drivers acknowledge that their performance is subject to rider ratings and feedback. Consistently low ratings, repeated violations of goPayana's service quality standards, or non-compliance with these Terms may lead to suspension or termination of access to the platform, and may also impact incentives.
• Drug and Alcohol Policy: Drivers must not consume alcohol or drugs while providing services or before coming online. goPayana has a strict zero-tolerance policy for drug and alcohol use by Drivers.
• Data Usage by Drivers: Drivers agree to use rider data (name, contact information, pickup/drop-off locations) solely for the purpose of completing the requested ride and providing the Services. Drivers are strictly prohibited from using rider data for any personal, commercial, or unauthorized purposes, or from sharing it with any third party.
• Cancellation Penalties for Drivers: Drivers may be subject to penalties, including financial deductions or temporary suspension, for frequent or unjustified cancellations of accepted rides, or for non-acceptance of rides, as per goPayana's internal policies communicated to drivers.
• Insurance: Drivers must maintain valid vehicle insurance, including third-party liability insurance, as required by law and goPayana policies, and provide proof of such insurance upon request.

5. Payments and Fares

• Fare Calculation: Fares for rides are calculated based on factors such as distance travelled, time taken, demand (dynamic/surge pricing), applicable tolls, taxes (e.g., GST, service tax), and other surcharges (e.g., parking fees, airport charges, waiting charges). The estimated fare will be displayed before you confirm your booking. The final fare may vary based on actual route, traffic conditions, waiting time, and any additional services requested.
• Dynamic Pricing (Surge): Fares may increase during periods of high demand (e.g., peak hours, bad weather) to ensure ride availability. This "surge pricing" will be clearly communicated to the rider before booking confirmation. By confirming a ride during surge pricing, you agree to the increased fare.
• Payment Methods: Payments can be made through various methods accepted by goPayana, including credit/debit cards, UPI, net banking, digital wallets (e.g., Paytm, PhonePe), or cash (where applicable). You authorize goPayana to charge your selected payment method for all applicable charges incurred.
• Refunds: Fares paid are generally non-refundable. However, refunds may be issued at goPayana's sole discretion in cases of service issues, billing errors, or other exceptional circumstances. Any disputes regarding fares or charges must be raised with goPayana customer support within a reasonable timeframe (e.g., 24-48 hours) of the ride completion, providing all relevant details and proof.
• Driver Earnings and Taxes: Drivers will receive earnings for completed rides, less any applicable commission, platform fees, or taxes (including GST) as determined by goPayana. Payouts will be processed as per the agreed schedule (e.g., daily, weekly) to the bank account linked to the Driver's account. Drivers are solely responsible for all applicable taxes on their earnings, and goPayana may provide necessary tax-related information or deductions as required by Indian law. goPayana reserves the right to adjust commission rates and fees with prior notice.
• Promotions and Incentives: goPayana may offer promotions, discounts, or loyalty programs to Riders and incentives or bonuses to Drivers based on performance, ride volume, or other criteria. These are subject to specific terms and conditions and may be modified or withdrawn at any time by goPayana at its sole discretion.

6. Intellectual Property

The Services and their original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of goPayana and its licensors. The Services are protected by copyright, trademark, and other laws of both India and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of goPayana. You are granted a limited, non- exclusive, non-transferable, revocable license to use the Services for your personal, non- commercial use, subject to these Terms. Any unauthorized use, reproduction, distribution, or modification of goPayana's intellectual property is strictly prohibited.

7. Disclaimers and Limitation of Liability

• "As Is" Basis: The Services are provided on an "AS IS" and "AS AVAILABLE" basis. goPayana makes no warranties, expressed or implied, regarding the operation or availability of the Services or the information, content, materials, or products included on the Services. Your use of the Services is at your sole risk.
• No Guarantees: goPayana does not guarantee the availability of Drivers at all times, the quality of transportation services provided by Drivers, the accuracy of estimated arrival times, or the safety of rides. While we strive for reliability, we cannot guarantee that the Services will be uninterrupted, timely, secure, or error-free.
• Third-Party Actions: goPayana is not responsible for the conduct, whether online or offline, of any user of the Services, including Drivers. You agree that goPayana is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. We do not endorse any specific Driver or their services.
• Internet and Network Issues: goPayana is not responsible for any delays, delivery failures, or other damage resulting from problems inherent in the use of the internet and electronic communications, including issues with your device, network connectivity, or third-party service providers.
• Limitation of Liability: To the fullest extent permitted by applicable law, in no event shall goPayana, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
• Maximum Liability: In no event shall goPayana's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to negligence, or otherwise) exceed the amount paid by you, if any, for accessing or using the Services during the twelve (12) months immediately preceding the date of the claim.

8. Indemnification

You agree to defend, indemnify, and hold harmless goPayana and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of these Terms; or c) content posted on the Services. This indemnification obligation will survive the termination of these Terms and your use of the Services.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in [City, State, India, e.g., Bengaluru, Karnataka] and the language of the arbitration shall be English. The decision of the arbitrator(s) shall be final and binding on both parties. Each party shall bear its own costs and expenses in relation to the arbitration, unless otherwise decided by the arbitrator(s). You agree that any claims you may have against goPayana can only be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

10. Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms, engage in fraudulent activity, receive consistently low ratings, violate our safety guidelines, or if your account is inactive for an extended period. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Force Majeure

goPayana shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including, without limitation, acts of God, wars, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials, or any other cause beyond our reasonable control.

12. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely approximates the intent of the original provision.

13. Entire Agreement

These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements, oral or otherwise, regarding the Services.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

15. Ratings and Reviews

Users may be able to provide ratings and reviews for Drivers and rides. Drivers may also provide feedback on Riders. These ratings and reviews are important for maintaining the quality and safety of the goPayana platform. You agree that all ratings and reviews will be accurate, fair, and based on your actual experience. goPayana reserves the right to remove any content that violates these Terms or is deemed inappropriate, at its sole discretion. Misuse of the rating system (e.g., fraudulent ratings, retaliatory ratings) may lead to account suspension or termination.

16. Lost and Found Policy

goPayana is not responsible for items left in vehicles by Riders or for items found by Drivers. However, we will endeavour to facilitate the return of lost items. If a Rider leaves an item in a vehicle, they should contact goPayana customer support as soon as possible. If a Driver finds an item, they should inform goPayana customer support. A retrieval fee may be charged to the Rider for the return of lost items, payable directly to the Driver. goPayana does not guarantee the recovery or condition of lost items.

17. Safety Guidelines and Emergency Protocols

goPayana is committed to the safety of its users. We encourage both Riders and Drivers to follow these general safety guidelines:

• Always verify the Driver and vehicle details (e.g., license plate, make, model, driver photo) against the information provided in the app before starting a ride.
• Share your ride details with trusted contacts using the in-app sharing feature.
• Report any safety concerns, incidents, or emergencies to goPayana customer support immediately through the in-app emergency features (e.g., SOS button) or by contacting our support line. In case of a life-threatening emergency, please contact local emergency services (e.g., Police, Ambulance) first.
• Avoid sharing personal information with Drivers or Riders outside the app.
• Do not engage in any illegal or inappropriate activities during a ride.
• Riders should ensure they board the correct vehicle and verify the driver's identity.
• Drivers should ensure they pick up the correct rider and verify their identity if necessary.

18. Communication with Drivers/Riders and User-Generated Content

The goPayana app may provide features for communication between Riders and Drivers (e.g., in-app chat, masked phone calls). You agree to use these communication features respectfully and only for purposes related to the ride. Any abusive, harassing, or inappropriate communication is strictly prohibited and may lead to account suspension or termination.

Any content you provide to the Services, including ratings, reviews, comments, suggestions, photos, or videos ("User Content"), remains your property. However, by providing User Content to goPayana, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

19. Electronic Communications

By using the Services, you consent to receive electronic communications from goPayana, including but not limited to SMS messages, in-app notifications, push notifications, and emails, for service-related purposes (e.g., ride confirmations, updates, security alerts) and for promotional purposes. You may opt-out of promotional communications as per our Privacy Policy.

20. Accessibility

goPayana strives to make its Services accessible to all users. If you have specific accessibility needs or encounter any accessibility barriers while using our Services, please contact our customer support for assistance. We are committed to making reasonable accommodations to ensure an inclusive experience.

21. Grievance Redressal Mechanism

In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and other applicable laws, goPayana has established a grievance redressal mechanism. If you have any complaints or concerns regarding the Services, including any violation of these Terms, you may contact our Grievance Officer:

Email: grievance@payana.co

Time: [Specify working hours, e.g., Monday to Friday, 10:00 AM to 5:00 PM IST]

We will acknowledge your complaint within 24 hours of receipt and endeavour to resolve it within 15 days from the date of receipt.

22. Privacy

Your privacy is of utmost importance to us. Please refer to our separate Privacy Policy, available on our website and app, for comprehensive information on how we collect, use, process, store, and disclose your personal information. By using the Services, you agree to the terms of our Privacy Policy.

23. Contact Information

If you have any questions about these Terms, please contact us:

goPayana Support

Email: support@payana.co