Ride hailing app Uber to update terms of service in line with Indian laws

Uber | Photo: Shutterstock
Starting Tuesday, ride hailing app Uber will be updating its terms of service to reflect compliance with Indian laws.

In a mass email sent to users in India, Uber said, "Our terms are being updated with effect from 1st October, 2019. Your continued use of the Uber app signifies your assent to be bound by the new terms and conditions".

The updated terms for India indicate that the terms of use of Uber would now be applicable to Uber India Systems Private Limited, a private limited liability company established in India, having its registered office at Regus Business Platinum Centre Pvt. Ltd, Level 13, Platinum Techno Park, Plot No.17/18, Sec-30A, Vashi, Navi Mumbai, Maharashtra-400705 along with offices in other states..."

Earlier, the terms were applicable to "any country in the world (excluding the US and its territories and possessions and Mainland China) of applications, websites, content, products, and services made available by Uber B.V., a private limited liability company established in the Netherlands, having its offices at Mr. Treublaan 7, 1097 DP, Amsterdam, the Netherlands, registered at the Amsterdam Chamber of Commerce..."

The terms talk about Uber reserving "the right to charge you an additional amount for pickup facility provided at various places along with applicable taxes (including but not limited to GST)".

It has also updated the terms of service to indicate that Indian laws will be applicable in case of any "dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms". Earlier, the terms were governed in accordance with the laws of The Netherlands, excluding its rules on conflicts of laws. Disputes were earlier required to go through the International Chamber of Commerce Mediation Rules.

Disputes with Uber India will now be resolved under the Arbitration and Conciliation Act, 1996.

"If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language," Uber India said in its updated terms.

A reply from Uber was awaited at the time of going to press.

The Indian government has been asking multinational technology companies, including Uber, to have a local presence and grievance officers in India.