1.1 Swaraaj Solutions LLP (hereinafter 'Swaraaj', 'Company', 'We', 'Us', 'Our') is a Limited Liability Partnership registered under the Limited Liability Partnership Act, 2008, with its registered office in Pune, Maharashtra, India.
1.2 The Company operates the technology platform 'Swaraaj' accessible via mobile applications (Rider App and Driver App) and the website swaraaj.co.in (collectively the 'Platform').
1.3 The Platform is a driver-discovery and ride-facilitation technology service. It enables registered Riders to discover nearby registered Drivers and initiate direct, independent communication with them. The Company does NOT operate as a transport service provider, taxi operator, radio taxi aggregator, or common carrier.
1.4 The Company's role is strictly limited to providing a technology platform. The transportation contract, if any, is solely between the Rider and the Driver. The Company is not a party to any transportation or communication arrangement made through the Platform.
| TERM | MEANING |
|---|---|
| Platform | The Swaraaj mobile applications (Rider App and Driver App) and the website swaraaj.co.in. |
| Company / Swaraaj | Swaraaj Solutions LLP, a Limited Liability Partnership registered under Indian law, headquartered in Pune, Maharashtra. |
| Rider / User | Any individual who downloads, registers, and uses the Swaraaj Rider App. |
| Driver | Any individual who downloads, registers, and uses the Swaraaj Driver App. |
| Direct Communication | Any voice call, message, or contact initiated by a Rider to a Driver (or vice versa) using the phone number or contact details made available through or visible on the Platform, whether through the in-app call feature or otherwise. |
| Driver Profile Data | Information displayed on a Driver's profile on the Rider App, including but not limited to the Driver's name, photograph, vehicle type, vehicle registration number, rating, trip count, and phone number (when shared for the purpose of a Direct Communication). |
| Rider Contact Information | The Rider's mobile number or any other contact detail shared by the Rider with a Driver in connection with a ride, including the Rider ID / Trip Linking Code or, where the Rider voluntarily shares it, the Rider's personal mobile number. |
| Authorised Purpose | The sole legitimate purpose for which Driver Profile Data and Rider Contact Information may be used: to arrange a single, specific ride trip between the relevant Rider and Driver at a given point in time. |
| Scraping / Data Harvesting | Any automated or manual systematic collection, extraction, copying, storage, or aggregation of data from the Platform, whether by bots, scripts, crawlers, manual logging, screenshots, or any other method, for any purpose other than a genuine single ride arrangement. |
| Misuse of Contact Data | Any use of a Driver's or Rider's phone number or contact details obtained through the Platform for purposes other than the Authorised Purpose, including but not limited to: unsolicited calls or messages, harassment, spam, commercial solicitation, surveillance, stalking, or resale. |
| Trip Linking Code / Rider ID | A unique alphanumeric identifier assigned to each Rider for trip validation purposes. |
| Wallet | A prepaid electronic value account maintained within the Platform for Drivers. |
| Platform Service Fee | A fee charged by the Company to Drivers for Platform use, deducted from the Driver's Wallet. |
| IT Act | The Information Technology Act, 2000, as amended. |
| DPDP Act | The Digital Personal Data Protection Act, 2023. |
3.1 By accessing, downloading, installing, registering on, or using the Platform in any manner, you unconditionally accept and agree to be legally bound by these Terms, our Privacy Policy, and any additional policies on the Platform.
3.2 These Terms constitute a legally binding agreement under the Indian Contract Act, 1872. If you use the Platform on behalf of a business or entity, you represent that you have authority to bind that entity.
3.3 The Company reserves the right to modify these Terms at any time. Updated Terms will be published with a revised effective date. Continued use constitutes acceptance. Material changes will be notified 15 days in advance.
3.4 You must be at least 18 years of age to use the Platform.
4.1 CRITICAL DISCLAIMER: Swaraaj is a technology-based driver-discovery platform and NOT a transport service, taxi aggregator, radio taxi operator, or transport company as defined under the Motor Vehicles Act, 1988, the Motor Vehicles (Amendment) Act, 2019, or any applicable State Motor Vehicle or Taxi Regulations.
4.2 The Platform does NOT: (a) assign rides algorithmically or otherwise; (b) dispatch Drivers to Riders; (c) set or control fares; (d) mandate acceptance of any ride by any Driver; (e) employ, engage, or contract with Drivers as employees, agents, or independent contractors for transportation; (f) hold any transport permit, aggregator licence, or taxi operator licence.
4.3 The Platform enables: (a) Riders to view nearby Drivers on a map; (b) Riders to initiate direct voice calls to Drivers of their own choosing; (c) Riders and Drivers to independently negotiate fare, pickup, and destination; (d) trip linking via the Rider ID for safety and record purposes.
4.4 CONTACT FACILITATION DISCLAIMER: Where the Platform facilitates or enables Direct Communication between a Rider and a Driver — including by displaying a Driver's phone number or enabling an in-app call — this facilitation is a neutral technology function equivalent to a telephone directory listing. The Company is not a party to, and bears no responsibility for, any communication, transaction, or event that occurs as a result of or following such Direct Communication.
4.5 Any ride undertaken through the Platform is a private arrangement between an independent Rider and an independent Driver. The Company is not a party to and bears no liability for the performance, safety, completion, or outcome of any such arrangement.
5.1 Riders: To register, you must be at least 18, provide a valid mobile number, and complete OTP verification.
5.2 Drivers: To register, you must: (a) be at least 18; (b) hold a valid driving licence under the Motor Vehicles Act 1988; (c) hold a valid commercial vehicle permit; (d) hold valid third-party motor insurance; (e) complete KYC verification with valid government ID; (f) maintain a positive Wallet balance to remain visible on the Platform.
5.3 You agree to provide accurate, current, and complete information and to keep your account updated. The Company may suspend accounts where information is false.
5.4 You are responsible for maintaining the confidentiality of your credentials.
5.5 The Company reserves the right to refuse or revoke access at its sole discretion.
You shall not use the Platform for any unlawful, fraudulent, abusive, or harmful purpose.
You shall not impersonate any person or misrepresent your affiliation with any entity.
You shall not transmit spam, unsolicited messages, or harmful code through the Platform.
You shall not attempt to reverse-engineer, decompile, or tamper with the Platform.
You shall not use the Platform to harass, threaten, abuse, or discriminate against any person.
You shall not circumvent, disable, or interfere with any security features of the Platform.
Riders shall use the Platform solely to discover Drivers and initiate voluntary, genuine ride-related contact.
Riders must confirm fare and trip details with the Driver before commencing any ride.
Riders must share their Trip Linking Code / Rider ID with the Driver for trip validation.
Riders are responsible for verifying the Driver's identity and vehicle before boarding.
Riders shall not engage in fraudulent trip complaints or misuse the rating and reporting system.
Drivers must maintain valid driving licence, vehicle permit, and insurance at all times.
Drivers must maintain a positive Wallet balance to remain visible on the Platform.
Drivers must provide safe, courteous, and honest service to Riders.
Drivers must verify the Rider's Trip Linking Code before commencing any trip.
Drivers must not operate under the influence of alcohol, drugs, or any impairing substance.
Drivers are solely responsible for compliance with all traffic, transport, and road safety laws.
Drivers must not misrepresent their vehicle type, seating capacity, or permit category.
Drivers agree that their name, vehicle type, rating, and phone number (for Direct Communication) may be displayed to Riders on the Platform for the Authorised Purpose only.
6A.1 NATURE OF DIRECT COMMUNICATION: A core feature of the Swaraaj Platform is that Riders may initiate direct voice calls to Drivers using the Driver's phone number as displayed in the Rider App, or through the Platform's in-app call functionality. This Direct Communication is a voluntary, Rider-initiated action. The Company does not control, monitor, record, or participate in any such communication.
6A.2 MUTUAL PHONE NUMBER DISCLOSURE: Users acknowledge and accept that:
When a Rider initiates a call to a Driver, the Rider's phone number will be visible to the Driver through standard telephony caller ID functionality. This is an inherent characteristic of voice calls on any telephone network and is NOT a disclosure by Swaraaj.
The Driver's phone number, displayed in the Rider App for the Authorised Purpose, becomes known to the Rider at the time of initiating contact.
Swaraaj has no technical ability to mask, anonymise, or prevent the transmission of caller ID information through external telephony networks. Any such mutual disclosure of phone numbers is a consequence of standard telephone technology, not of any act or omission by Swaraaj.
6A.3 VOLUNTARY SHARING OF CONTACT INFORMATION: Where a Rider, at their own discretion and volition, chooses to share their personal mobile number directly with a Driver (instead of or in addition to their Rider ID / Trip Linking Code), the Rider acknowledges and agrees that:
Such sharing is entirely voluntary and is NOT required, instructed, encouraged, or facilitated by Swaraaj.
The Rider assumes full personal responsibility for any consequences arising from such voluntary disclosure of their personal mobile number.
Swaraaj bears absolutely no liability for any event, harm, harassment, misuse, or privacy violation arising from the Rider's voluntary sharing of their personal mobile number with any Driver.
The recommended and Platform-endorsed method of identification is the Rider ID / Trip Linking Code — not the Rider's personal mobile number.
6A.4 AUTHORISED PURPOSE RESTRICTION — BINDING ON ALL USERS: All contact details — including phone numbers of both Riders and Drivers — obtained through or because of the Platform are shared strictly and exclusively for the Authorised Purpose: arranging a single, specific ride at a specific time. Users expressly agree that:
A Driver must not use a Rider's phone number or any contact detail obtained through the Platform for any purpose other than the specific ride for which contact was initiated. Post-ride retention, storage, redistribution, or reuse of a Rider's contact details for ANY purpose is strictly prohibited.
A Rider must not use a Driver's phone number obtained through the Platform for any purpose other than arranging a specific ride. Storing, redistributing, or reusing a Driver's contact details beyond the specific ride interaction is strictly prohibited.
Any use of contact details for harassment, unsolicited communication, commercial solicitation, surveillance, or any purpose beyond the Authorised Purpose constitutes a material breach of these Terms.
6A.5 SWARAAJ'S COMPLETE DISCLAIMER FOR DIRECT COMMUNICATION: The Company expressly, fully, and unconditionally disclaims all liability, responsibility, or obligation arising from or connected to:
Any Direct Communication between a Rider and a Driver, whether initiated through the Platform or using contact details obtained through the Platform.
Any event, transaction, harm, accident, criminal act, dispute, or misunderstanding occurring during, after, or as a result of any Direct Communication.
Any misuse of phone numbers or contact details by either party following Direct Communication.
Any harassment, stalking, spam, fraud, or criminal conduct carried out using contact details exchanged through the Platform.
Any privacy violation claimed by one party as a result of their phone number being seen by the other party during a voice call — this being an inherent function of telephony, not a Platform act.
6A.6 USER CONSENT TO CONTACT DISCLOSURE: By using the Platform, every Rider and every Driver freely, specifically, and unambiguously consents to the fact that:
Initiating or receiving a phone call through or enabled by the Platform may result in the other party seeing their phone number through standard caller ID.
This is a known and accepted consequence of using a direct-call based platform.
No claim may be brought against Swaraaj on the basis of this inherent telephony feature.
6A.7 REPORTING MISUSE: If a User's contact details obtained through the Platform are misused by the other party, the affected User should: (a) report the misuse to Swaraaj at safety@swaraaj.co.in; (b) file a police complaint if the misuse constitutes a criminal offence under the IPC, IT Act, or other applicable law. Swaraaj will, upon receipt of a valid police/court request, provide the registered details of the offending User to assist investigation — but this cooperation does not constitute an admission of liability.
6B.1 ABSOLUTE PROHIBITION ON SCRAPING: It is strictly prohibited to collect, extract, copy, store, compile, aggregate, or systematically record any data, content, or information from the Platform by any means, whether automated or manual, including but not limited to:
Automated bots, crawlers, spiders, scripts, or data extraction tools.
Manual systematic logging, screenshot collection, or screen recording of Driver or Rider information.
Third-party scraping services, APIs, or data harvesting tools directed at the Platform.
Creating a database, directory, or compilation of Driver Profile Data, Rider Contact Information, or any other Platform data.
Accessing the Platform through any means other than the official Swaraaj Rider App or Driver App for the purpose of data collection.
6B.2 PROHIBITION ON COMMERCIAL AND COMPETITIVE USE OF PLATFORM DATA: The following are specifically and expressly prohibited:
Using Driver Profile Data (including names, photos, vehicle numbers, phone numbers, ratings) for any commercial, research, competitive intelligence, or non-personal purpose.
Using the Rider App to build a database of available drivers in any area for any purpose other than arranging a personal ride.
Sharing, selling, licensing, or distributing any data collected from the Platform to any third party.
Using Platform data to contact Drivers or Riders for any commercial purpose outside the Platform.
Using Platform data to compete with, replicate, or undermine Swaraaj's business.
6B.3 LEGAL BASIS FOR PROHIBITION: This prohibition is grounded in:
Section 43 of the IT Act, 2000: Unauthorised access to and downloading of data from a computer system is a civil offence carrying compensation up to ₹1 crore.
Section 66 of the IT Act, 2000: Dishonest or fraudulent acts under Section 43 are also criminal offences punishable with imprisonment up to 3 years and/or fine up to ₹5 lakhs.
Section 43A of the IT Act, 2000: Where scraping results in wrongful loss or gain related to personal data.
Copyright Act, 1957: The compilation and arrangement of data on the Platform constitutes a copyright-protected database. Systematic extraction without authorisation infringes copyright.
Indian Contract Act, 1872: These Terms constitute a binding contract. Scraping is a material breach entitling the Company to damages, injunction, and account termination.
DPDP Act, 2023: Systematic collection of personal data (Driver names, photos, vehicle numbers) without consent of the data principals constitutes a violation of data protection law.
6B.4 CONSEQUENCES OF SCRAPING / UNAUTHORISED COLLECTION: Any person or entity found to have violated this clause shall be liable to:
Immediate and permanent termination of all Platform accounts (Clause 13).
Civil action for damages including: actual losses suffered by Swaraaj, aggravated damages for deliberate breach, account of profits made from the scraped data.
Criminal complaint under Sections 43, 66, 66B, and/or 66C of the IT Act, 2000.
Injunction proceedings in the courts of Pune, Maharashtra, to immediately cease and desist the scraping activity and to destroy all data collected.
Full indemnification of Swaraaj's legal costs and expenses under Clause 10.
Claims by individual Drivers whose personal data was scraped — which the scraper shall bear independently under Clause 10.
6B.5 DETECTION AND MONITORING: The Company reserves the right to implement technical measures to detect, monitor, and block scraping activity, including but not limited to: rate limiting, bot detection, account behaviour analysis, and IP blocking. The Company may investigate accounts that show patterns consistent with data scraping even without prior notice to the account holder.
6B.6 PLATFORM DATA OWNERSHIP: All data on the Platform — including the compilation, arrangement, and presentation of Driver profiles and Rider information — is the exclusive intellectual property of Swaraaj Solutions LLP, protected under the Copyright Act, 1957 and IT Act, 2000. No licence to collect, compile, or use this data is granted to any User beyond the Authorised Purpose.
6C.1 PURPOSE OF DRIVER PROFILE DISPLAY: Driver Profile Data — including name, photograph, vehicle type, vehicle registration number, rating, trip count, and phone number — is displayed to Riders on the Platform solely to enable Riders to make an informed, voluntary choice about which Driver to contact for a specific ride. This is the sole Authorised Purpose for which Driver Profile Data may be accessed or used.
6C.2 DRIVER'S CONSENT TO PROFILE DISPLAY: By registering on the Swaraaj Driver App, each Driver freely and specifically consents to their Driver Profile Data being displayed to Riders on the Platform for the Authorised Purpose. This consent is: (a) limited in scope to the Authorised Purpose; (b) conditional on Riders using the data only for the Authorised Purpose; (c) does not authorise Riders or third parties to collect, store, redistribute, or repurpose Driver Profile Data.
6C.3 WHAT RIDERS MAY DO WITH DRIVER PROFILE DATA:
View a Driver's name, photo, vehicle type, and rating to decide whether to initiate contact.
Call the Driver using the displayed phone number for the sole purpose of arranging a specific ride.
Share the Driver's name and vehicle number with a trusted contact for personal safety purposes during a specific trip.
6C.4 WHAT RIDERS MAY NOT DO WITH DRIVER PROFILE DATA — STRICTLY PROHIBITED:
Photograph, screenshot, or record any Driver profile screen for any purpose other than immediate personal safety reference for a specific trip.
Store, compile, log, or maintain any record of Driver names, phone numbers, vehicle numbers, or photographs beyond the duration of a specific ride interaction.
Share, publish, post, broadcast, or distribute Driver Profile Data on any social media, website, group, or platform.
Use Driver Profile Data for commercial purposes, competitive research, or any purpose unrelated to arranging a personal ride.
Contact a Driver using their Platform-obtained phone number for any purpose other than arranging a ride.
Use Driver photographs for any purpose whatsoever other than visual identification for a specific ride.
6C.5 SWARAAJ'S DISCLAIMER REGARDING DRIVER DATA EXPOSURE: Swaraaj displays Driver Profile Data on the Rider App as a necessary and proportionate function of the Platform's driver-discovery purpose. The Company expressly disclaims all liability for:
Any misuse of Driver Profile Data by Riders or third parties beyond the Authorised Purpose.
Any claim by a Driver that their personal data was misused by a Rider who accessed it through the Platform — such misuse being the Rider's sole liability under Clause 6A and Clause 10.
Any harm to a Driver arising from a Rider's unlawful or unauthorised use of Driver Profile Data.
6C.6 DRIVER'S REMEDY FOR DATA MISUSE: A Driver whose personal data is misused by a Rider may: (a) report the misuse to safety@swaraaj.co.in; (b) file a police complaint against the Rider under applicable provisions of the IPC and IT Act; (c) invoke their rights under the DPDP Act, 2023 directly against the Rider who misused the data. Swaraaj will provide registered Rider details to law enforcement upon a valid court/police order. Swaraaj's role is that of a cooperative intermediary — not a liable party.
7.1 Drivers are required to maintain a Wallet balance on the Platform. The Wallet is a prepaid account and does not carry interest.
7.2 To remain discoverable on the Platform, a Driver must maintain a positive Wallet balance. Zero or negative balance results in the Driver being marked offline.
7.3 The Platform Service Fee is deducted from the Driver's Wallet as specified in the Driver's fee schedule. The Company may revise the fee structure with 15 days' prior notice.
7.4 Wallet top-ups are processed through Razorpay. The Company does not store payment card details.
7.5 Wallet balances are non-transferable. In the event of account termination due to breach of these Terms — including breach of Clauses 6A, 6B, or 6C — the Wallet balance may be forfeited at the Company's discretion.
7.6 Referral rewards under the Swaraaj Co-operative Movement are credited to the referrer's Wallet subject to Referral Programme Terms.
8.1 The Company does NOT set, control, suggest, or guarantee fares. All fares are independently determined between the Rider and Driver prior to any ride.
8.2 Payments for rides are made directly between Riders and Drivers. The Company is NOT a party to any payment transaction for ride services.
8.3 The Company shall have no liability for any payment dispute between a Rider and a Driver.
8.4 Drivers are responsible for their own tax obligations arising from transportation services.
9.1 THE PLATFORM IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
9.2 The Company does not warrant that: (a) the Platform will be available at all times or free of errors; (b) any Driver holds valid permits, insurance, or licences; (c) any ride will be safe, timely, or completed; (d) Driver profile information is accurate or current.
9.3 TRANSPORTATION LIABILITY: The Company expressly disclaims all liability for any accident, injury, death, loss, damage, theft, delay, or inconvenience arising from any ride arranged through the Platform.
9.4 DRIVER CONDUCT: The Company is not responsible for the conduct, behaviour, negligence, or criminal acts of any Driver. Drivers are independent persons and not employees, agents, or partners of the Company.
9.5 RIDER CONDUCT: The Company is not responsible for the conduct, behaviour, or actions of any Rider. Riders are independent persons and not agents or partners of the Company.
9.6 DIRECT COMMUNICATION DISCLAIMER (UPDATED): The Company expressly disclaims all liability arising from or connected to any Direct Communication between a Rider and a Driver, including: (a) any event arising from a phone call made using contact details displayed on or obtained through the Platform; (b) any misuse of phone numbers exchanged during Direct Communication; (c) mutual visibility of phone numbers through standard telephony caller ID during voice calls; (d) a Rider's voluntary disclosure of their personal mobile number to a Driver; (e) a Driver's or Rider's use of contact information for purposes other than the Authorised Purpose; (f) any harassment, stalking, fraud, or criminal conduct facilitated using contact information obtained through the Platform.
9.7 DATA SCRAPING AND MISUSE DISCLAIMER (NEW): The Company expressly disclaims all liability for: (a) any loss or harm suffered by any Driver or Rider as a result of their personal data being scraped or collected from the Platform by an unauthorised third party or another User; (b) any misuse of Driver Profile Data or Rider Contact Information by any User beyond the Authorised Purpose. Such harm is the sole liability of the User who conducted the scraping or misused the data, and that User shall indemnify the Company under Clause 10 for all claims arising therefrom.
9.8 LIMITATION OF FINANCIAL LIABILITY: To the maximum extent permitted under applicable Indian law, the Company's total aggregate liability to any User shall not exceed the Platform Service Fees paid by that User in the three months preceding the claim, or zero in the case of Riders who pay no fees to the Company.
9.9 FORCE MAJEURE: The Company shall not be liable for failure or delay arising from Force Majeure events.
9.10 The Company shall not be liable for indirect, incidental, consequential, or punitive damages, loss of profits, revenue, data, or goodwill.
10.1 You agree to fully indemnify, defend, and hold harmless Swaraaj Solutions LLP, its partners, officers, employees, agents, and successors from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including legal fees) arising out of or in connection with:
(a) Your use of the Platform.
(b) Your violation of these Terms.
(c) Your violation of any applicable law or regulation.
(d) Any ride service provided or received by you.
(e) Any Direct Communication initiated by you or using contact details obtained through the Platform.
(f) Any misuse by you of a Driver's phone number, photograph, vehicle number, or any other Driver Profile Data.
(g) Any misuse by you of a Rider's phone number or contact information obtained through the Platform.
(h) Any Scraping or unauthorised data collection activity conducted by you or on your behalf from the Platform.
(i) Any claim brought against Swaraaj by a Driver arising from a Rider's misuse of Driver Profile Data — to be borne by the Rider who misused the data.
(j) Any claim brought against Swaraaj by a Rider arising from a Driver's misuse of Rider Contact Information — to be borne by the Driver who misused the data.
(k) Any infringement of third-party rights by you.
(l) Any dispute between you and another User.
10.2 This indemnification obligation survives termination of your account or these Terms.
11.1 All intellectual property rights in the Platform, including software, code, design, graphics, user interface, trade marks, logos, database compilations, and content created by the Company, are the exclusive property of Swaraaj Solutions LLP.
11.2 You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Platform solely for its intended personal use as described in these Terms.
11.3 You must not copy, reproduce, modify, distribute, sell, sublicense, or exploit any part of the Platform. The database of Driver profiles as compiled on the Platform is protected as a database under the Copyright Act, 1957.
11.4 'Swaraaj', 'Swaraaj Co-operative Movement', and associated logos are trade marks of Swaraaj Solutions LLP. Unauthorised use is prohibited.
12.1 In accordance with the IT Act, 2000, IT Rules, 2021, and the Consumer Protection Act, 2019, the Company has appointed a Grievance Officer.
12.2 Grievances — including those relating to misuse of contact data, scraping, and unauthorised use of Driver Profile Data — may be addressed to:
Grievance Officer — Swaraaj Solutions LLP
Address: Pune, Maharashtra, India — 411001
Email: grievance@swaraaj.co.in
Safety Reports: safety@swaraaj.co.in
Website: www.swaraaj.co.in
Response Time: Acknowledgement within 48 hours; Resolution within 30 days per IT Rules, 2021.
13.1 The Company may suspend or permanently terminate any User account immediately and without prior notice for reasons including but not limited to:
(a) Breach of any provision of these Terms.
(b) Fraudulent, unlawful, or abusive activity.
(c) Providing false information during registration.
(d) Any violation of Clauses 6A (Direct Communication misuse), 6B (Scraping), or 6C (Driver data misuse).
(e) Using the Platform for data harvesting, competitive intelligence, or commercial solicitation.
(f) Any conduct that may harm the Company, other Users, or third parties.
13.2 Drivers whose Wallet balance reaches zero will be automatically suspended until restored.
13.3 Upon termination: (a) your licence to use the Platform ceases immediately; (b) the Company may retain your data as required by law; (c) Wallet balances are subject to the Refund Policy (and may be forfeited on breach); (d) obligations and liabilities incurred prior to termination continue to apply, including indemnification obligations under Clause 10.
14.1 These Terms shall be governed by the laws of the Republic of India.
14.2 JURISDICTION: The courts of Pune, Maharashtra, India shall have exclusive jurisdiction over any dispute.
14.3 ARBITRATION: Disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. Seat: Pune, Maharashtra. Language: English. Sole arbitrator mutually appointed.
14.4 Nothing prevents either party from seeking urgent injunctive relief from competent courts — particularly relevant for scraping and IP infringement cases where delay causes irreparable harm.
15.1 Drivers are solely responsible for: valid commercial driving licence; valid third-party motor insurance; vehicle fitness, PUC certificate; compliance with all Motor Vehicle Regulations.
15.2 The Company does not provide insurance coverage to Riders or Drivers.
15.3 In emergencies, contact: Police: 100, Ambulance: 108. Also report to safety@swaraaj.co.in.
16.1 Swaraaj Solutions LLP operates as an 'intermediary' under Section 2(1)(w) of the IT Act, 2000. Liability for third-party content and actions is limited per Section 79 of the IT Act and IT Rules, 2021.
16.2 The Company is not the originator or publisher of User-generated content. The Company does not exercise editorial control over such content.
16.3 The Company shall act on unlawful content within legally prescribed timelines upon receiving actual knowledge or notification from a competent authority.
16.4 The Company's intermediary status under Section 79 extends to its role in facilitating Direct Communication between Riders and Drivers. The Company is a neutral conduit — equivalent to a telephone network — and is not liable for the content or consequences of communications it does not originate, control, or participate in.
17.1 ENTIRE AGREEMENT: These Terms, Privacy Policy, and additional published policies constitute the entire agreement.
17.2 SEVERABILITY: If any provision is invalid, the rest continue in full force.
17.3 WAIVER: Failure to enforce a right is not a waiver of that right.
17.4 NO AGENCY: Nothing creates any partnership, employment, agency, or franchise between Users and the Company.
17.5 ASSIGNMENT: Users may not assign rights without written consent. The Company may assign without restriction.
17.6 NOTICES: Legal notices to: Swaraaj Solutions LLP, Pune, Maharashtra — legal@swaraaj.co.in
18.1 ACKNOWLEDGMENT OF INHERENT PLATFORM DESIGN: Both Riders and Drivers acknowledge that the Swaraaj Platform is intentionally designed as a direct-communication platform where Riders call Drivers directly. This design means that:
Phone numbers are inherently involved in the communication process.
Standard telephony protocols result in mutual caller ID visibility.
This is a known, disclosed, and accepted feature of the Platform — not a privacy breach.
18.2 RIDER'S ACKNOWLEDGMENT AND CONSENT REGARDING THEIR OWN NUMBER: Every Rider, by using the Platform, specifically acknowledges:
That by calling a Driver, their phone number will appear on the Driver's device through standard caller ID.
That this is an inherent and disclosed consequence of the Platform's direct-call design — not a disclosure or breach by Swaraaj.
That if they wish to withhold their number, they may do so using standard telecom network features (e.g., USSD codes to hide caller ID) before making the call — this is the Rider's own responsibility.
That the recommended identification method on the Platform is the Rider ID / Trip Linking Code — Riders are advised to use this instead of sharing their personal mobile number.
That any voluntary sharing of their personal mobile number with a Driver is entirely at their own risk and discretion.
18.3 DRIVER'S OBLIGATIONS REGARDING RIDER CONTACT DATA: Drivers specifically agree and warrant:
To use the Rider's phone number or contact details solely for the specific, current ride interaction.
Not to save, store, screenshot, or log the Rider's phone number in any personal directory, application, or record after the ride is completed.
Not to contact the Rider for any purpose after the ride is completed, unless for an immediate, genuine, and ride-related follow-up (such as a forgotten item).
Not to share the Rider's contact details with any third party under any circumstances.
That violation of these obligations constitutes a breach of the Driver's privacy obligations and may constitute an offence under the DPDP Act, 2023 and IT Act, 2000 — for which the Driver is solely and personally liable.
18.4 RIDER'S OBLIGATIONS REGARDING DRIVER CONTACT DATA: Riders specifically agree and warrant:
To use the Driver's phone number solely for the specific, current ride interaction.
Not to save or store the Driver's phone number beyond the duration of the specific ride.
Not to contact the Driver after the ride for any non-ride purpose.
Not to share the Driver's phone number or any Driver Profile Data with any third party.
18.5 SWARAAJ'S COMPLETE INSULATION: Swaraaj's legal insulation from claims arising from Direct Communication rests on four pillars:
DISCLOSURE: This clause fully discloses the phone number visibility consequence before Users use the Platform — informed consent is obtained.
CONSENT: By using the Platform, every User consents to this feature — removing any claim of surprise or unauthorised disclosure.
RESPONSIBILITY ALLOCATION: Clauses 6A, 6C, and 18.3/18.4 clearly allocate post-communication data responsibilities to individual Users — not Swaraaj.
INTERMEDIARY SHIELD: Section 79 IT Act protects Swaraaj as a neutral conduit that does not originate, control, or modify communications.
19.1 DATA OWNERSHIP DECLARATION: Swaraaj Solutions LLP is the sole owner of:
The Platform's software, code, algorithms, and technical architecture.
The compilation, curation, and presentation of Driver and Rider profile data as a database on the Platform.
All aggregated data, analytics, and insights derived from Platform usage.
This ownership is protected under the Copyright Act, 1957 (database copyright), the IT Act, 2000, and the Indian Contract Act, 1872 (contractual restriction on data use).
19.2 SPECIFIC CATEGORIES OF PROHIBITED SCRAPING ACTIVITIES:
| Prohibited Activity | Applicable Law Violated |
|---|---|
| Automated bot scraping of Driver profiles | IT Act S.43, S.66 + Copyright Act |
| Manual systematic logging of Driver phone numbers | IT Act S.43 + DPDP Act 2023 |
| Screenshot-based compilation of Driver vehicle numbers | Copyright Act + These Terms (breach) |
| Using fake Rider accounts to harvest Driver data | IT Act S.66C (identity fraud) + IPC S.420 |
| Building a competitor directory from Swaraaj's Driver data | Copyright Act + IT Act S.66 + IPC S.420 |
| Sharing scraped Driver photos/numbers on other platforms | DPDP Act 2023 + IT Act S.66E + IPC S.499 |
| Using Rider App to conduct competitive market research | Indian Contract Act (breach) + Copyright Act |
| API scraping of Platform endpoints | IT Act S.43(a)(b) — unauthorised computer access |
19.3 SWARAAJ'S REMEDIES AGAINST SCRAPERS — IN DETAIL:
CIVIL REMEDY 1 — Compensatory Damages: Under Section 43 IT Act, the Company may claim compensation for all losses caused by the scraping, including: lost business value, competitive harm, costs of investigation, and costs of remediation.
CIVIL REMEDY 2 — Account of Profits: If the scraper commercially exploited the data, the Company may claim all profits made from that exploitation.
CIVIL REMEDY 3 — Injunction: Ex-parte injunction from Pune District Court / Bombay High Court to immediately cease scraping and destroy all collected data.
CRIMINAL REMEDY 1 — IT Act S.66: Criminal complaint for dishonest/fraudulent computer access — up to 3 years imprisonment and ₹5 lakh fine.
CRIMINAL REMEDY 2 — IPC S.420: If scraping was done to defraud or compete dishonestly — cheating charges.
CRIMINAL REMEDY 3 — Copyright Act S.63: Criminal prosecution for copyright infringement of the Platform's database — up to 3 years imprisonment.
DPDP ACT COMPLAINT: Filing a complaint with the Data Protection Board of India against scrapers who collected Drivers' personal data without consent.
19.4 DRIVER PROTECTION FROM SCRAPING: Swaraaj takes the following specific measures to protect Driver data from scraping:
Technical rate-limiting and bot detection on the Rider App to prevent automated data extraction.
This Clause 19 creates a binding contractual and legal basis to pursue scrapers on behalf of the Platform and its Drivers.
The Company reserves the right to seek damages on behalf of Drivers whose personal data was scraped — or to assist Drivers in pursuing their own claims against scrapers under the DPDP Act.
Drivers are encouraged to report any suspicious contact they receive from parties who appear to have obtained their information from the Platform to safety@swaraaj.co.in.
ACKNOWLEDGMENT
By using the Swaraaj Platform, you acknowledge that you have read and agreed to these Terms including the new Clauses 6A, 6B, 6C, 18, and 19 governing direct communication data, contact information use, and anti-scraping obligations. You acknowledge the inherent phone number visibility in the Platform's direct-call design and consent to the same.
Swaraaj Solutions LLP | Pune, Maharashtra | www.swaraaj.co.in | legal@swaraaj.co.in