Bike On Rent Services owns and operates the application and the services in india and resisted as Bike On Rent Services Solutions Private Limited in india . The application inter alia contains a booking functionality which enables users to book rides through the application. Bike On Rent Services in india provides the booking services to enable you book rides on the application whereas Bike On Rent Services provides an online platform to facilitate the driver’s provision of a ride to you and further assists in fare collection and remittance.
These customer terms apply to your access to, and use of, the application (whether through a computer, mobile phone or other electronic device), the booking services and the services and all information, recommendations and other products and services provided to you on or through the application.
By clicking on the “i accept” button, you acknowledge that you have read and understood these customer terms (these “customer terms”).
Please ensure that you read and understand all of these customer terms before you start using the application, as you will be bound by these customer terms when you click “accept and register”.
If you do not agree with any of these customer terms, you must immediately cease accessing and using the application and the services being provided under these customer terms. Your acceptance of these customer terms will operate as a binding agreement between you, Bike On Rent Services in respect of your use of the application, the booking services and services.
1. Definitions and interpretation
Unless the context requires otherwise, capitalised terms in these customer terms have the following meaning:
- “account” means the account created by you on the application for accessing the services.
- “additional fee” means any toll, duty, taxes, levies or similar fees or charges that are not included in the fare but are payable by the customer to the driver in respect of the costs incurred by the driver any third party (including government agencies and regulatory authorities) under any applicable laws in connection with the services.
- “affiliate” means, in relation to any entity, another company or entity that either directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with that entity. For purposes of this definition, “control” means, with regard to any company or entity, (i) the legal or beneficial ownership, directly or indirectly, of 50% or more of the shares (or other ownership interests if not a corporation) of the entity or company through voting rights or through the exercise of rights pursuant to agreement; or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the entity or company.
- “applicable laws” means (in any relevant jurisdiction) all laws, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, statutory rules of an industry body, statutory and mandatory codes or guidelines or the like, writs, orders, injunctions, judgments applicable from time to time.
- “application” means such features of the “Bike On Rent Servicescabs” mobile application or other programs, software, mobile applications owned (or licensed to) by Bike On Rent Services, and other urls as may be specified by Bike On Rent Services from time to time. The application includes the electronic interface where your account is accessible to you, the login credentials (user id and password) for which will be provided by Bike On Rent Services to you.
- “area of operation” means the area in which these customer terms are accepted by you, being either england or wales.
- “booking confirmation” has the meaning set out in clause 5.1.
- “booking services” shall mean such services provided by Bike On Rent Services which enable you book rides on the application and more fully described under clauses 4.1 to 4.4 of these customer terms.
- “business day” means any day excluding a saturday, sunday or public holiday in the area of operation.
- “cancellation fee” means the amount payable by you as a result of you cancelling a ride in accordance with clause 7 and notified to you on the application, from time to time (as such amount may be amended by Bike On Rent Services in accordance with clause 22).
- “card details” has the meaning set out in clause 6.4. “device” has the meaning set out in clause 3.1(iii).
- “driver” means the individual driver (that provides taxis, commercial passenger vehicles, ride share vehicles and the like) who is registered with Bike On Rent Services and operates the vehicle.
- “eligibility requirements” has the meaning set out in clause 3(i).
- “fare” means the amount specified on the application payable for the specific ride provided to you by a driver.
- “force majeure” has the meaning set out in clause 16.1. “Bike On Rent Services ip” has the meaning set out in clause 12.1.
- “Bike On Rent Services” has the meaning given in the “parties” section on the front page of these customer terms.
- “Bike On Rent Services ” has the meaning given in the “parties” section on the front page of these customer terms.
- “payment processor” has the meaning set out in clause 6.3.
- “registration data” means your name, email address, telephone number and other information (including personal data) that you provide to Bike On Rent Services for registering on the application.
- “ride” means the travel in the vehicle by. The ride is provided by the driver and is facilitated through the application.
- “services” means the technology services Bike On Rent Services provides which facilitate rides and other products and services accessed through the application or via an offline mode including an sms, within the area of operation.
- “total ride fee” means the fare, the cancellation fee and/or any additional fee (as applicable) specified on the application.
- “vehicle” means a motor vehicle, owned or operated by the driver, for the carriage of passengers.
- “you / your” means you, the user of the application and the services. “your content” has the meaning given in clause 12.4.
Unless the context requires otherwise, in these customer terms:
- the singular includes the plural and vice versa;
- the words ‘such as’, ‘for example’, ‘including’, ‘particularly’ and similar expressions are not used as, nor are intended to be, interpreted as words of limitation;
- a reference to:
- a person includes an individual, partnership, joint venture, trust, corporation or any other entity or association whether or not it is incorporated or has a separate legal identity;
- a party includes that party’s executors, administrators, successors, and permitted substitutes and assigns, including any person taking by way of novation;
- “pounds” or “£” is to the lawful currency of the united kingdom;
- anything (including a right, obligation or concept) includes each part of it;
- in determining the time of day, the relevant time of day is the time in the area of operation;
- if a period of time is calculated from a particular day, act or event (such as the giving of a notice), it is to be calculated exclusive of that day, or the day of that act or event; and
- no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these customer terms or any part of them.
3. Registration and usage
3.1 in order to use the services, the booking services and the application, you must:
- be competent to enter into a contract under applicable laws, and you must provide Bike On Rent Services with accurate, complete, current, valid and true registration data (“eligibility requirements”);
- only open one account using your registration data, and not use the account of any other person;
- provide your own electronic device, which must have a functioning mobile number and the ability to read text messages (sms) and push notifications from the application, and meet the minimum device requirements that Bike On Rent Services may specify from time to time (“device”). It is your responsibility to check to ensure that you download the correct version of the application for your device;
- only use the application solely in accordance with these customer terms and all applicable laws, and not use the application, booking services or services for any illegal or unlawful purposes;
- only use the application, booking services and services for your sole, personal use, and not transfer, sell, sub-license or assign it to a third party;
- not do or try to do anything to interfere with or harm the application, the booking services, the services or the network of Bike On Rent Services or any of its affiliates in any way whatsoever;
- provide such information and documents which Bike On Rent Services may reasonably request from time to time, and promptly notify Bike On Rent Services of any change to any of your registration data or other information provided to Bike On Rent Services; and
- only use an authorised telephony or internet network to access and use the application. When using the application, the booking services and the services, standard messaging charges, data charges and/or voice charges (as applicable) may be imposed by your device provider and the same are your responsibility.
3.2 you are solely responsible for maintaining the confidentiality of your registration data and application login credentials, and will be liable for all activities and transactions, and any other misuse of the application, that occurs through your account (whether initiated by you or any third party), except to the extent caused or contributed by Bike On Rent Services.
3.3 if the device is lost or stolen, you must notify Bike On Rent Services immediately and ensure that the application as accessible through the device is immediately blocked, suspended or deactivated.
3.4 you must also notify Bike On Rent Services immediately if you cannot access your account, you know of or suspect any unauthorised access or use of your registration data, login details or account, or the security of your account has been compromised in any way.
3.5 Bike On Rent Services may immediately suspend the services, the booking services and/or your use of the application (including your account) if it has a reason to believe that:
- the registration data or any other information provided by you is false, or you cease to satisfy the eligibility requirements;
- the security of your account has been compromised in any way; or
- you have not complied with any of the requirements in this clause 3.
3.6 Bike On Rent Services may block, suspend, alter or update the application, the booking services and/or the services at any time (including without notice):
- to make improvements to the application, the booking services and/or the services (including the security of the application, the booking services and/or the services);
- as required by applicable law; or
- to protect a legitimate business interest.
However, you may terminate these customer terms in accordance with clause 17.2 at any time.
4. Booking Services
4.1 the application allows you to send a request to make a booking for a ride. Once you have made a request for a ride:
you must ensure that your device is turned on and configured appropriately (e.g. Gps is active), and the application is active;
the application will send your request to Bike On Rent Services; and
Bike On Rent Services will accept or decline your booking based on the availability of drivers at your location at the pickup time, and inform you via an sms, push notification or confirmation screen in the application.
4.2 while Bike On Rent Services endeavours to connect you with a driver, your request for a ride is subject to the availability of a driver around your location at the time of your request (and drivers may accept or reject your request for a ride in their sole and absolute discretion).
4.3 once your request for a ride has been accepted, Bike On Rent Services will provide:
- you with a booking confirmation through the application, and information regarding the driver (including the driver’s name, vehicle details (including registration number and model), mobile phone number, a picture of the driver and any other details Bike On Rent Services considers appropriate); and
- the driver with your details necessary to enable the driver to provide the ride.
4.4 along with the above services provided by Bike On Rent Services shall do the following:
- keeping records of the bookings and journeys;
- remotely monitor trips booked using the application; and
- providing customer support for grievance redressal or lost properties.
While Bike On Rent Services requires each driver to use all reasonable efforts to ensure their vehicle arrives prior to your requested pick-up time, you must book your ride after considering any adverse conditions such as the weather, traffic, roadworks, and other unexpected delays such as traffic accidents. If there is any delay by the vehicle in reaching your pick-up location, you should contact the driver assigned for your ride through the application or by contacting Bike On Rent Services via in-app support or at its call centre, if available.
If a vehicle breaks down or cannot complete a ride, Bike On Rent Services will use all reasonable endeavours to arrange for a substitute vehicle to complete the ride (which will become the “vehicle” for the ride) subject to availability of such a substitute vehicle. Any substitute vehicle may not be necessarily of the same type as the original vehicle.
Except as expressly stated in these customer terms, the obligations of Bike On Rent Services are limited to (a) licensing the application to you; (b) managing and operating the application and services in the manner reasonably determined by Bike On Rent Services; (c) operating an online booking platform facilitating the provision of rides by drivers to you (and other customers); and (d) payment collection in respect of the rides between driver and you (and other customers), and the obligations of Bike On Rent Services are limited to: (a) managing and operating the booking functionality within the application; and (b) providing booking services to you. Accordingly, Bike On Rent Services and Bike On Rent Services are merely intermediaries providing online marketplace services and the application, services and the booking services are only a platform where a driver may offer a ride to you (and other customers).
Neither Bike On Rent Services nor Bike On Rent Services provides transportation services. Transportation services are provided under a contract (the “transportation contract”) between you and the driver for the provision of a specific ride by the driver to you. Neither Bike On Rent Services nor Bike On Rent Services is a party to the transportation contract. At no time will Bike On Rent Services have any obligations or liabilities in respect of the transportation contract.
5. Booking confirmation
- Where your request for a ride has been accepted, you must check the booking details on the booking confirmation Bike On Rent Services provides you, including the pick-up time and location (“booking confirmation”). If there are any incorrect details on the booking confirmation, you must contact Bike On Rent Services immediately by correcting your booking details through the application or by calling the call centre.
- You are responsible for any delay that may be caused due to your failure to check the booking confirmation or contact Bike On Rent Services immediately to correct the booking details.
6.1. You will be charged and must pay the Total Ride Fee for the Service, comprising the the Fare, and any Additional Fee. Bike On Rent Services collects the Fare (plus any additional amounts and/or less any deductions agreed between Bike On Rent Services and the Driver) on behalf of the Driver.
6.2. Subject to clause 10, You will be charged any reasonable costs required to clean or repair the Vehicle caused or contributed to by You during a Ride (fair wear and tear expected). Bike On Rent Services will facilitate payment for such costs on behalf of the Driver and recover such amount from the Driver.
6.3. Payment of the Total Ride Fee will be facilitated by a payment gateway and/or payment processing services provider appointed by Bike On Rent Services (the “Payment Processor”). The Payment Processor may be Bike On Rent Services, one of its related bodies corporate or an unrelated third party.
6.4. You will be required to provide relevant payment details including credit/debit card details (“Card Details”) with the Payment Processor in order for Bike On Rent Services to process payment of the Total Ride Fee, and You hereby authorise the Payment Processor to do so. Your authorisation:
- permits the Payment Processor to debit or credit the bank account or debit/credit card account associated with Your payment details;
- permits the Payment Processor to use Your Card Details for the processing of transactions initiated by You;
- will remain in effect as long as You maintain an Account (and if You delete Your Card Details or Account, Bike On Rent Services and the Payment Processor will not be able to process any further transactions initiated by You); and
- is subject to any other terms and conditions of the Payment Processor specified through the Application or Services from time to time.
Bike On Rent Services shall also be responsible for issuing invoices to You (on behalf of the Driver) for the transport services provided by the Driver for the Ride.
Bike On Rent Services will be solely responsible for settling any payment-related disputes between Drivers and You. In case of any such dispute, any decision taken by Bike On Rent Services in good faith will be final and binding on You and the Driver.
If any amount paid by You is fully or partially refundable for any reason such amounts will be credited to Your Account (so it can be applied against any subsequent Ride(s)) or refunded to You in accordance with and subject to Applicable Law.
Any payment processing-related issue not caused by an error or fault with the Application must be resolved by You and the relevant Payment Processor.
7. Cancellation Fee
- 7.1. You may cancel your request for a ride from a driver at any time, however (subject to clause 7.3) if you cancel five (5) minutes or more after the driver is allotted to your request, you will be charged a cancellation fee.
- 7.2. The driver may cancel your request for a ride where that driver is waiting at your requested pick-up location for five (5) minutes or more after the pick-up time specified in the booking confirmation.
- 7.3. If the driver does not arrive at your pick-up location within five (5) minutes after the pick-up time specified in the booking confirmation, you will not be charged any cancellation fee.
- 7.4. You will be notified of any cancellation fee through the application at the time you attempt to cancel your request for a ride, and any cancellation fee payable by you will be processed by Bike On Rent Services in accordance with clause 6.
8.1. Gst law includes:
- gst act 2017 of india
- gst law of 2017, india
Words and expressions which are not defined in the customer terms but which have a defined meaning in gst law have the same meaning as in the gst law.
Unless otherwise specified, all amounts payable by you under the customer terms or transportation contract are inclusive of gst and must be calculated with regard to gst, where applicable.
Bike On Rent Services shall also be responsible for issuing invoices to you (on behalf of the driver) for the transport services provided by the driver for the ride. The diver has authorized Bike On Rent Services under a separate agreement to issue invoices on behalf of the driver for the transport services.
Where you are required to pay or reimburse an expense or outgoing of driver, the amount to be paid or reimbursed by you will be the sum of:
- the amount of the expense or outgoing less any input tax credits in respect of the expense or outgoing to which the other party is entitled; and
- if the payment or reimbursement is subject to gst, an amount equal to that gst.
- 9.1. You must not smoke or consume any alcohol, tobacco or illicit substances in or near any vehicle, misbehave in or near any vehicle, distract a driver, act in vilation of applicable laws, or otherwise act in any way which a driver (acting reasonably) considers will risk the safety of you, the driver or any other person.
- 9.2. If you breach clause 9.1, Bike On Rent Services and/or Bike On Rent Services may immediately suspend the services, the booking services and/or your use of the application (including your account).
10. Feedback, issues and complaints
- 10.1. You are required to rate a ride after its conclusion, and you must be fair, accurate and non- defamatory while leaving complaints, comments, feedback, testimonials or reviews on or about rides, drivers or the services.
- 10.2. All issues, complaints, opinions, suggestions, questions and feedback while accessing the services should be notified to Bike On Rent Services via e-mail or communicated to Bike On Rent Services through the application or by contacting Bike On Rent Services at its call centre, if available.
- 10.3. You must report any issue you have with the application or services to Bike On Rent Services within 7 days of the relevant issue occurring, otherwise Bike On Rent Services may not be able to address such issue.
- 10.4. Bike On Rent Services will endeavour to respond to you within 2 (two) business days after you report an issue, and Bike On Rent Services will endeavour to resolve such issue as soon as reasonably possible. Bike On Rent Services notes that issues are generally resolved based on the seriousness of the issue, and as such certain issues may be prioritised over others. Bike On Rent Services may not be able to resolve all issues, and we will not be liable where you are not satisfied with our handling or resolution of (or failure to resolve) an issue relating to the transportation services.
- 10.5. If you forget or lose any luggage or property in a vehicle during a ride, you should contact Bike On Rent Services as soon as possible (and any event within 24 hours), and Bike On Rent Services will try to locate the items. If your luggage or property is found, Bike On Rent Services will contact you and advise you of how you will be able to collect your luggage or property. Unless otherwise agreed (in Bike On Rent Services sole and absolute discretion), Bike On Rent Services will not deliver any luggage or property items to you (and if Bike On Rent Services agrees to do so, Bike On Rent Services may charge you a reasonable fee for doing so). In no event will Bike On Rent Services be liable for any loss or damage to your personal effects and luggage.
12.1 to the maximum extent permitted by law, you will indemnify and hold harmless, Bike On Rent Services and its related bodies corporate (and their respective directors, officers, employees, agents and representatives) (“those indemnified”) from and against any losses, damages, liability, claims, costs, penalty and expenses (including, reasonable legal fees) incurred by those indemnified arising out of or in connection with any:
- breach by you of any applicable law;
- misrepresentation or fraudulent, dishonest, unlawful or negligent act or omission of you;
- personal injury (including sickness and death) or property damage caused or contributed to by you in connection with any ride (including in connection with any motor vehicle accident involving the vehicles); or
- a claim by a driver or any other third party caused by any of your acts or omissions.
Any notices, requests and other communications required or permitted under these customer terms must be in writing and sent to the recipient party as follows (as amended to time by the recipient party by notice to the other party):
- to Bike On Rent Services by email to : firstname.lastname@example.org
- to contact : +91 89349 34383