Terms & Conditions - User

Jan 10, 2025

AVAS CONSUMER (USER) TERMS OF SERVICE

1. Introduction

1.1. Welcome to Avas. These Consumer Terms of Service (“Consumer Terms”) govern your use of the Avas platform (the “Platform”), including the Avas mobile application (“Application” or “App”), website, and related technology provided by Avas Enterprises Pvt Ltd and/or its affiliates (collectively, “Avas,” “we,” “us,” or “our”).

1.2. Acceptance of Terms. By accessing or using the Platform as a Consumer (“you” or “User”) to request or receive transportation, delivery, or other services (collectively, “Solutions”), you acknowledge that you have read, understood, and agree to be bound by:

  • These Consumer Terms,

  • The Avas Policies (defined below),

  • Any supplemental terms and conditions or policies provided by Avas that may apply to specific features of the Service.

If you do not agree to these Consumer Terms, please do not use or continue using the Application or Service.

1.3. Amendments. Avas may amend these Consumer Terms at any time, and such amendments will be effective immediately upon posting on www.avasapp.com (or a successor URL) or within the Application. Your continued use of the Service following the posting of amended terms constitutes your acceptance of those amendments. If you disagree with any changes, you must discontinue use of the Platform.

1.4. Technology Platform Only. Avas is a technology company that provides a Platform to connect Users seeking Solutions (e.g., ride-hailing, deliveries) with independent third-party providers (“Drivers” or “Partners”). Avas does not provide transportation services and is not a transportation carrier. Accordingly, Avas is not responsible for the acts or omissions of any Partner, nor does it assume liability for any Partner’s operations, vehicle condition, or safety protocols.

2. Definitions

  • Application means the mobile application(s) that Avas makes available for Consumers to request Solutions.

  • Avas / we / us means Avas Enterprises Pvt Ltd and its subsidiaries or affiliates.

  • Avas Policies means all policies, FAQs, guidelines, notices, codes of conduct (e.g., the Avas Consumer Code of Conduct), and other documentation referenced or made available by Avas (including on its website or within the Application).

  • Consumer, User, or you means the end-user who accesses or uses the Platform to request or receive Solutions.

  • Driver or Partner means an independent third party (not employed by Avas) who provides transportation, delivery, or related services to Consumers through the Platform.

  • Platform means the Application, associated software (“Software”), and any related websites or portals managed by Avas.

  • Service refers to the technology and tools provided by Avas that facilitate the linking of Consumers and Drivers (e.g., to arrange transportation or deliveries).

  • Solutions means the transportation, delivery, or other services provided by Drivers or Partners through the Platform.

3. Representations, Warranties, and Undertakings

By using the Platform, you represent, warrant, and undertake that:

3.1. Legal Age. You are at least eighteen (18) years old or have the legal capacity under applicable local laws to enter into these Consumer Terms. If local regulations require you to be older than 18 to receive certain Solutions, you represent that you meet the applicable age requirement.

3.2. Accurate Information. All information you provide during account registration (e.g., name, contact details, payment information) is accurate, current, and complete. You agree to promptly update this information if it changes.

3.3. Lawful Use. You will use the Application, Platform, and Service only for legitimate and lawful purposes, in accordance with these Consumer Terms, the Avas Policies, and all applicable laws, regulations, or ordinances in your jurisdiction.

3.4. Account Security.

  • You are responsible for maintaining the confidentiality and security of your account credentials (username, password, etc.).

  • You must immediately notify Avas of any unauthorized use or suspected breach of your account.

  • You will not allow anyone else to use your account or transfer your account to any other person or entity without Avas’s prior written permission.

3.5. Safe Conduct. You will treat Drivers, other Consumers, and Avas staff with courtesy and respect. You agree not to engage in harassment, discrimination, or any form of misconduct. You also agree to comply with the Avas Consumer Code of Conduct.

3.6. Prohibited Activities. You agree not to:

  • Use the Platform for any illegal or unauthorized purpose.

  • Attempt to harm, disrupt, or otherwise engage in activity that diminishes the Platform’s performance or interferes with any other party’s use of the Platform.

  • Reproduce, duplicate, sell, or exploit any part of the Platform without express written permission from Avas.

4. License Grant and Restrictions

4.1. License. Subject to your compliance with these Consumer Terms, Avas grants you a limited, non-exclusive, non-transferable, and revocable license to download, install, and use the Application on your personal device solely for requesting Solutions.

4.2. Restrictions. You agree not to:

  • Copy, decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code or underlying ideas/algorithms of the Software.

  • Modify, adapt, or create derivative works based on the Application or its content without Avas’s express written consent.

  • Circumvent or disable any content protection system or digital rights management technology used in connection with the Service.

5. Payments

5.1. Consumer Charges. You agree to pay all fees, charges, and taxes (if applicable) for any Solutions requested or received through the Platform. Such charges may include:

  • Base fares or distance/time-based charges for transportation services,

  • Tolls or surcharges (e.g., airport fees, congestion charges),

  • Taxes (e.g., sales tax, VAT, or GST) where applicable,

  • Tips (at your discretion),

  • Other Fees (e.g., cancellation fees, no-show fees, additional waiting time, cleaning fees for soiling a vehicle).

5.2. Payment Methods.

  • You may pay by cash, credit/debit card, mobile wallet, or any other payment method authorized by Avas.

  • If you choose a non-cash method, Avas (or a third-party payment processor) may process your payment on behalf of the Driver.

5.3. Authorization. By adding a payment method to your account, you authorize Avas to charge your designated payment method for any amounts due, including applicable cancellation fees, surcharges, or dispute resolutions.

5.4. Billing Errors. If you believe there has been a billing error or unauthorized charge, you must notify Avas promptly. Avas reserves the right to audit or adjust any transaction for accuracy and may correct any errors or omissions.

5.5. Currency & Foreign Transactions. Any fees shown in the App may be listed in your local currency or another specified currency. Conversion rates, international transaction fees, or other bank charges may apply, depending on your payment method or financial institution.

6. Refund Policy

6.1. Refunds or Credits. Avas may issue refunds or credits at its sole discretion in situations such as:

  • Ride/Delivery Cancellation by the Driver, leading to non-provision of service;

  • Service Issues (e.g., the ride was not provided as agreed or was significantly delayed due to Driver fault);

  • Disputes (e.g., overcharging, accidents, or proven fraud).

6.2. Request Procedure. If you believe you are entitled to a refund or credit, contact Avas Support through the in-app help center or via email (as indicated on the Avas website). You may be required to provide details or evidence supporting your claim.

6.3. No Guaranteed Refunds. Avas evaluates refund requests on a case-by-case basis. Submission of a refund request does not guarantee approval.

7. Cancellation

7.1. Consumer Cancellation.

  • You may cancel a request before a Driver has been dispatched (or as per the Avas cancellation policy).

  • If you cancel after the Driver is en route, a cancellation fee may apply.

  • Repeat cancellations or abuse of the cancellation policy may result in account warnings or suspension.

7.2. Driver Cancellation.

  • Drivers may cancel in cases of emergencies, safety concerns, or if you are not present at the pick-up location.

  • Avas will attempt to reassign another Driver if available, but we do not guarantee a replacement.

  • Avas is not liable for any direct, indirect, or consequential losses resulting from a Driver’s cancellation.

7.3. Force Majeure. Neither Avas nor the Driver shall be liable for any inability to fulfill a ride request due to causes beyond their reasonable control, such as natural disasters, strikes, or governmental actions.

8. Ratings

8.1. Two-Way Rating. The Platform may include a rating system whereby you can rate Drivers and Drivers can rate you. This system is designed to maintain service quality.

8.2. Fairness & Accuracy. You agree to provide honest, accurate, and fact-based ratings. Misuse of the rating system (e.g., extortion, collusion, or retaliatory ratings) is prohibited and may result in account restrictions.

8.3. Visibility. Your overall rating or feedback may be made available to Drivers who receive your request and vice versa, subject to Avas’s discretion and data protection policies.

9. Complaints

9.1. Reporting Issues. If you have a complaint about a Driver, the Application, a completed or canceled ride, or any other issue, you may submit it through the in-app help center or by contacting Avas customer support.

9.2. Dispute Resolution. Avas will use reasonable efforts to investigate the complaint and mediate a resolution. You may be asked to provide additional information, photos, or other evidence. Please note:

  • Avas is not a judicial authority, and its resolution or recommendations are based on the facts available.

  • If a dispute cannot be resolved amicably, the parties may escalate it under Section 21 (Dispute Resolution) below.

10. Repair and Cleaning Fees for Consumers

If you cause damage to a Driver’s vehicle, property, or otherwise create a need for additional cleaning (e.g., spilling food or drink, vomiting, tearing seats), you may be responsible for a repair or cleaning fee. The amount of this fee:

  • Will be reasonably assessed based on the cost of repairs or cleaning.

  • May be charged to the payment method on file (or collected in cash where legally permissible), in accordance with the Avas Policies.

11. Intellectual Property Ownership

All intellectual property rights in the Platform, Software, and related materials (including text, graphics, logos, and trademarks) belong to Avas or its licensors. You acknowledge:

  • You do not acquire any ownership rights in Avas’s intellectual property by using the Platform.

  • You may not use Avas’s trademarks, service marks, or logos without our prior written consent.

12. Taxes

You are responsible for any taxes, duties, or other governmental fees or charges payable in relation to your use of the Platform (except for taxes based on Avas’s net income). If the law imposes a tax on the provision of the Services or Solutions, Avas may collect such taxes from you on behalf of the relevant tax authority.

13. Confidentiality

During your use of the Platform, you may receive or become aware of confidential or proprietary information of Avas, Drivers, or other Consumers (e.g., personal data or business information). You agree:

  • Not to disclose such information to any third party without the respective owner’s prior written consent.

  • To use such information solely for the intended purpose of the Service (e.g., to arrange a ride) and in compliance with applicable data protection laws.

14. Data Privacy and Personal Data Protection Policy

14.1. Privacy Policy.

Your use of the Service is subject to the Avas Privacy Policy, which describes how we collect, process, store, and share your personal data. By using the Platform, you agree that you have read and understood our Privacy Policy.

14.2. Consents. If you provide Avas with personal data of third parties (for example, if you book a ride for someone else), you represent and warrant that you have obtained all necessary consents from those third parties for Avas to process their personal data in accordance with our Privacy Policy and applicable data protection laws.

14.3. Call Masking & Communication. Where available, Avas may provide anonymized or “masked” call features that protect personal phone numbers. You agree that such features are for privacy protection, and any misuse or circumvention of these features is prohibited.

15. Third-Party Interactions

15.1. Third-Party Services. The Platform may contain links or references to websites, applications, or services operated by third parties. Avas does not endorse, control, or guarantee these third-party services. Any dealings with third parties are solely between you and that third party.

15.2. Third-Party Content. Avas is not responsible for any content (e.g., ads, promotions, or offers) provided by third parties and does not warrant or guarantee their accuracy or reliability.

16. Indemnification

You agree to indemnify, defend, and hold harmless Avas, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including legal fees) arising out of or in connection with:

  1. Your breach (or alleged breach) of these Consumer Terms or any applicable Avas Policies,

  2. Your violation (or alleged violation) of any law, regulation, or the rights of a third party,

  3. Your use or misuse of the Platform or the Solutions.

17. Disclaimer of Warranties

17.1. “As Is” Basis. The Platform, Service, and all information and content therein are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Avas disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of data.

17.2. No Guarantee. Avas does not guarantee:

  • That the Platform will be secure, available, or error-free at all times,

  • That any requests for Solutions will be fulfilled or that a suitable Driver will be available in your area,

  • The quality, suitability, safety, or a bility of the Drivers.

17.3. User Responsibility. You acknowledge that the entire risk arising out of your use of the Platform and the Solutions remains solely with you, to the maximum extent permitted by applicable law.

18. Limitation of Liability

18.1. Excluded Damages. To the maximum extent permitted by law, Avas shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, personal injury, or property damage, even if we have been advised of the possibility of such damages.

18.2. Cap on Liability. In no event shall Avas’s total liability to you for all damages, losses, and causes of action exceed the amount you have paid to Avas in the three (3) months prior to the event giving rise to your claim (or if no payments were made, the equivalent of USD 100, or the maximum amount permissible under local law, whichever is lower).

18.3. Jurisdictional Limitations. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above exclusions or limitations may not apply to you. In such cases, Avas’s liability will be limited to the greatest extent permitted by law.

19. Notice

Avas may give notice to you by means of:

  • Email to the address registered on your account,

  • In-app notifications or push alerts,

  • Posting a notice on www.avasapp.com or within the Application.

You may give notice to Avas by contacting our official support channel as provided in the App or on our website. Notice shall be deemed to have been received immediately upon delivery if delivered electronically, or within 7 days if mailed.

20. Assignment

You may not assign, transfer, or delegate any rights or obligations under these Consumer Terms without Avas’s prior written consent. Avas may freely assign or transfer these Consumer Terms and its rights and obligations hereunder, in whole or in part, without restriction.

21. Dispute Resolution

21.1. Informal Resolution. In the event of any dispute, claim, or controversy arising out of or relating to these Consumer Terms or the use of the Platform (“Dispute”), you agree to first attempt to resolve the Dispute amicably by contacting Avas Support.

21.2. Mediation or Arbitration. If the Dispute is not resolved within a reasonable time (no less than 30 days) through informal negotiation:

  • Mediation: The parties may mutually agree to submit the Dispute to mediation administered by a reputable mediation center.

  • Arbitration: If mediation is not successful or not chosen, the Dispute may, at Avas’s election, be resolved by binding arbitration under the rules of a recognized arbitration institution, or as otherwise specified by local law.

21.3. Governing Law and Venue.

These Consumer Terms and any Dispute will be governed by and construed in accordance with the laws of the jurisdiction in which Avas is legally registered (unless local law mandates otherwise). Any court proceedings (if arbitration is not chosen) shall be brought in the competent courts of that jurisdiction.

22. Relationship

No joint venture, partnership, employment, or agency relationship exists between you and Avas as a result of the contract between you and Avas or your use of the Platform. You acknowledge that Avas does not control or direct Drivers in the performance of their services and does not hold itself out as responsible for any acts or omissions of Partners.

23. Severability

If any provision of these Consumer Terms is deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, that provision shall be severed from these Consumer Terms, and the remainder will remain valid and enforceable.

24. No Waiver

No failure or delay by Avas to exercise any right, power, or privilege under these Consumer Terms shall be construed as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any further exercise of that right, power, or privilege.

25. Entire Agreement

These Consumer Terms, together with the Avas Policies and any other agreements or supplemental terms referenced herein or made available in the App, constitute the entire agreement between you and Avas concerning the subject matter and supersede any prior agreements, discussions, or understandings, whether written or verbal.

26. Suspension and Termination; Modification of Platform Content

26.1. Suspension or Termination.

Avas reserves the right to suspend or terminate your account or access to the Platform at any time, with or without notice, if:

  • You breach these Consumer Terms or any applicable Avas Policies,

  • Avas suspects or identifies fraudulent or illegal activity associated with your account,

  • You engage in conduct that Avas determines, in its sole discretion, to be harmful or detrimental to Avas, other Users, or the public.

26.2. Effect of Termination.

Upon termination, your right to access or use the Platform ceases immediately. However, certain provisions of these Consumer Terms (e.g., indemnification, limitation of liability) will survive termination as needed to give them full effect.

26.3. Modification of Platform.

Avas may, at its discretion, modify, suspend, or discontinue any part of the Platform, including content, features, or availability, at any time without liability.

27. No Third Party Rights or Assignment

Nothing in these Consumer Terms shall confer any rights upon any person or entity not a party hereto, except as expressly provided in these Consumer Terms. No third party may enforce or benefit from any provision of these Consumer Terms.