Terms and Conditions

1. Agreement to Our Legal Terms

We are Homate ("Company," "we," "us," or "our"), a company registered in India at CITTIC TBI, CUSAT Kalamassery, Ernakulam, Kerala 682022.

We operate mobile application Homate (the "App"), alongside any other related products and services that reference or link to these legal terms (the "Legal Terms") (collectively, the "Services").

Homate is a platform designed to connect customers with professional drivers who can utilize the customers' vehicles for pick-up and drop-off services.

2.GENERAL TERMS

These terms ("Terms") govern your use of our platform, including the Homate App and the Site (collectively, the "Platform"). Whether you access the Platform through a computer, mobile phone, or other device, these Terms define your relationship with the Company in connection with the Services provided.

By accessing the Platform or availing of the Services, you agree to:

• Comply with all conditions and notices contained herein.

• Unconditionally accept these Terms and our Privacy Policy (incorporated by reference).

If you do not agree with these Terms, you must not access the Platform or avail of the Services.

These Terms supersede any previous agreements between you and the Company. The Company may amend these Terms at its sole discretion, and such updates will be published on the Platform.

3. Account Creation and Responsibilities

1. You are required to register on the Platform and create an account ("Your Account") by providing accurate and up-to-date information during the registration process. You are solely responsible for maintaining the confidentiality of your account credentials (such as username and password) and for any activities conducted using Your Account. The Company will not be held responsible for any loss resulting from unauthorized access to Your Account, whether with or without your knowledge.

2. Your Account is personal to you and cannot be transferred, assigned, or sold to any third party.

3. You agree to take full responsibility for all activities carried out through Your Account. It is your obligation to implement appropriate security measures to safeguard your account credentials and prevent unauthorized access, including selecting strong, secure passwords. Your credentials include the username and password associated with Your Account, as well as those used for any third-party service linked to Your Account.

4. If you suspect that your login credentials have been compromised or that Your Account is being accessed without authorization, you agree to notify us immediately to prevent further misuse.

5. The Company is not pable for any security breaches or unauthorized use of Your Account caused by your failure to maintain the confidentiapty of your credentials.

6. Upon receiving a service request ("Service Request") through the Platform, the Company will forward your request to the drivers ("Matess") using an app-based system equipped with GPS and GPRS functionapty

7. drivers retain full discretion to accept or decpne any Service Request forwarded to them.

8. The Company will endeavor to connect you with drivers available in your area when you submit a Service Request. However, the fulfillment of this request is subject to the availabipty of drivers near your location.

9. The Company may monitor and record calls with drivers for quapty assurance, training, and addressing customer concerns, including complaints.

10. Even if a driver accepts your Service Request, unforeseen circumstances may prevent them from reaching your pick-up location or fulfilpng the service. The Company will not be held pable in such instances.

11. The Company bears no responsibipty if you fail to download the correct mobile apppcation or access the appropriate website to use the Platform.

12. The Company serves solely as an intermediary to faciptate connections between users and drivers (independent drivers). The transportation themselves are provided by third-party contractors (drivers), who are not employees of the Company or its affipates. You acknowledge that the Company does not provide transportation

13. The Company reserves the right to modify, discontinue, or introduce additional methods for submitting Service Requests or obtaining Services at its discretion.

4. YOUR OPERATIONS

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

2.The Company is not responsible for the behaviour, actions, or inactions of drivers. Any contract for the Services is exclusively between you and the Mate and the Company is not a party to the same.

3.By using the Platform, you acknowledge and agree that:

4.You will download Homate App for your sole, personal use and will not resell it to a third party;

5.You will not authorize others to use Your Account;

6.You will not assign or otherwise transfer Your Account to any other person or legal entity;

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

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

9You will not misuse the Platform or attempt to defraud either the Company, drivers or third parties;

10.You will provide the Company with whatever proof of identity we may request;

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

4. Payment for Services

1.You will be required to pay charges for the Services used by you, either through the online payment gateway provided on the Platform or by paying cash to the drivers (Drivers). The Company collects the charges for the Services on behalf of the drivers after obtaining authorization from the drivers, and the payment is remitted to the drivers' bank account registered with the Company.

2.The rates for the Services, including any cancellation fee (if applicable), will be notified on the Platform. The exact commission rate will be communicated to the drivers during the onboarding process and is subject to change with prior notice.

3.Homate charges a certain percentage or fixed amount as a commission fee from the drivers for every successfully completed trip booked through the Platform.

4.The commission will be automatically deducted from the payment made by the customer for the trip. The remaining balance will be transferred to the drivers' registered account after deducting applicable taxes and fees.

5.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.

6.You agree that you will pay for all Services you purchase from the drivers 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 gateway or any other mode, you will be required to pay the charges for the Services availed in cash. You agree and acknowledge that Homate is not responsible for the settlement of cash payments made directly to the drivers.

7.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 to such validation being conducted through a third-party service provider.

5. Term and Termination

1.These Terms form the contract between you and the Company, and they are valid for an indefinite period. You may terminate this contract at any time by deleting your Account on the Platform.

2.The Company reserves the right to terminate or suspend your access to the Platform and/or the Services at any time, with immediate effect, without prior notice, if you:

3.In the event of termination, the Company may provide notice thereof, in accordance with these Terms, and reserves the right to take appropriate legal action, including civil, criminal, or injunctive measures.

(a) Violate or breach any term of these Terms;

(b) Misuse the Platform or the Services;

(c) Use the Platform fraudulently or in a manner that the Company deems inappropriate or harmful to its interests, other users, drivers (drivers), or third parties.

4.The Company is not responsible for any delays or failures in performance due to causes beyond its reasonable control, such as acts of God, natural disasters, strikes, riots, or any other similar events.

5.The Company's failure to enforce any provision of these Terms does not waive its right to do so in the future. Additionally, the Company may pursue legal action if you engage in fraud, misuse of the Platform, or any conduct harmful to the Company or other users.

6.INDEMNITY AND LIMITATION OF LIABILITY

1.You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensees, officers, directors, agents, and employees from any claims, losses, damages, liabilities, costs, or expenses (including attorneys' fees) arising from your breach or alleged breach of these Terms, including but not limited to:

(i) Your use or misuse of the Platform or Services;

(ii) Any claims from third parties in connection with your use of the Platform or Services.

2.Homate reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, including the right to settle, at your expense. You agree to cooperate with Homate in defending such claims. If you choose to engage separate counsel, it will be at your own expense, but Homate retains the right to control the defense and settlement of such claims.

3.In no event shall Homate or its affiliates be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, or loss of data, arising from your use of the Services, even if Homate has been advised of the possibility of such damages.

4.In addition to the above, and to the fullest extent permitted by applicable law, Homate’s total liability arising from these Terms or the Services will be limited to the lesser of:

(i) The amount paid by you to Homate for the Services, or

(ii) INR 1000/-.

CHANGES TO THESE TERMS

Homate may change these Terms from time to time. If Homate makes any changes to these Terms that it deems to be material, Homate 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.

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:

Alternatively, you can contact Customer Care by using support@homateride.in

Please note, concerns pertaining to a specific Service Request or a Mate 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 Homate as given below. Such complaint, dispute or grievance will be handled as per applicable laws.