This document is an electronic record in terms of the Information Technology Act, 2000 and rules made there under. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the Information Technology Act, 2000 and rules made there under.
Please note that (a) the domain name yolobus.in (the “Website”); and (b) the software application for use on small, wireless computing devices such as smart phones and tablets and also for use on desktop or laptop computers (“Application”, which collectively with Website is referred to as “Platform”) is owned and operated by YOLO Traveltech Private Limited, a private limited company incorporated and existing in accordance with the laws of India and having its registered office at Flat No. 806, Tower- T1, Puri Pratham, Sector-84, Faridabad, Haryana- 121002, either itself and/or through its parent company, its subsidiaries or its affiliates (hereinafter collectively referred to as the (“Company”, “Us”, “We” or “YOLO”).
2.) LEGAL AGREEMENT
3.1 “Additional Charges” shall mean such charges as may be charged towards consumption of any additional services like excess freight, insurance, food items, water, beverages etc. while under taking a trip, in addition to the cost and charges for availing the Transportation Services.
3.2 “Account” shall mean the account created by the User on the Platform for using and accessing the Platform/Services and for availing the Transportation Services offered and provided by Third Party Operators through the Platform.
3.3 “Applicable Law(s)” means any applicable law, rule, regulation, ordinance, order, treaty, judgment, notification, decree, bye-law, governmental approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law and shall include any of the foregoing, injunction, permit or decision of any central, state or local, municipal government, authority, agency, court having jurisdiction over the matter in question.
3.5 “Brand” shall mean the brand name of the Company i.e. the name and style of “Yolo” and the operating under the logo and shall include any other brand name, under which the Company carries out its business activities.
3.6 “Booking(s)” shall mean and include any/all orders or requests placed by the User for availing the Transportation Services offered by the Third-Party Operator(s) through the Platform or through the Authorised Channels.
3.7 “Booking Price” shall mean the aggregate amount reflected on the Platform in respect of a Ticket, including, inter alia, the fare payable by the User for availing and provision of the Transportation Services in a Bus, any fee or levy, tolls and applicable taxes presently payable or hereinafter imposed by the law or required to be paid for availing of the Transportation Services though the Platform or through the Authorised Channels, technology fee, platform usage charges, Additional Charges (ifany).
3.8 “Bus” or “Buses” shall mean the vehicles or buses belonging to the Third Party Operators meeting the pre-agreed specifications, which are made available for use to the Users who have made Bookings through the Platform or through the Authorised Channels;
3.9 “Third Party Operators” shall mean individuals/companies/sole proprietorship/firm, holding a contract carriage permit or such other permit or license as required and issued under the provisions of the Motor Vehicles Act,1988 or under any other Applicable Laws or any other person authorized by such permit holder, who are independent third-party service providers operating and managing the fleet of Buses together with the necessary staff including without limitation the drivers, conductors, maintenance staff, mechanics who shall assist in the operation of Buses for the purposes of provision of Transportation Service to the Users through the Platform or through the Authorised Channels;
3.10 “Cancellation Fee” shall mean such fee as charged in respect of cancelled Trips as notified to the User at the time of making a Booking on the Platform or through the Authorised Channels, the same to be levied in terms of Clause 11 and in accordance with cancellation and refund policy provided on the Platform and the Tickets.
3.11 “City of Operation” shall mean a city in which the Users avails and Third Party Operators render the Transportation Services respectively.
3.12 “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of the Company and the Third Party Operator, including insolvency, business exigencies, operational technical issues, labor unrest, war, commotion, armed conflict, invasion, hostilities, riot, rebellion, revolution, civil war, riot, insurrection, acts of God, epidemics, natural calamities/disasters, strikes, lock out, change of Applicable Law, which materially restricts provisions of Services or Transportation Services offered on the Platform etc.
3.13 “Registration Data” shall mean and include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by YOLO from the User from time to time for registration on the Platform.
3.14 “Ticket” shall mean a voucher confirming the Booking made by a User for availing Transportation Services of the Third Party Operators through the Platform or through the Authorised Channels, specifying details like travel route, price, travel destination and other details of the Booking, as circulated by YOLO upon confirmation of every Booking and as appearing in the Account of every User for easy reference.
3.15 “Trip” shall mean the travel in the Bus by the User, facilitated through Booking made on the Platform by purchasing a Ticket for a particular Trip.
3.16 “Service(s)” shall mean the provision of technology services available on/through the Platform or the Authorised Channels that enables the Users, who are desirous of obtaining, availing, arranging, scheduling Transportation Services offered by Third Party Operators by making Bookings and purchasing Tickets in respect of the Trips to be undertaken by the Buses of the Third Party Operators on pre-agreed routes. For avoidance of any doubt, it is clarified that YOLO is a mere intermediary which facilitates and enables the Users to avail and the Third Party Operators to provide the Transportation Service on the Bus facilitated by the Platform.
3.18 “Third- Party Advertiser(s)” online or offline advertisements of various sponsors advertising and marketing their own goods and services through YOLO or on the Platform.
3.19 “Transportation Service(es)” shall mean the services for carriage / transportation of the Users from one point to another in the Buses on pre-determined/agreed routes offered and provided by Third Party Operator facilitated by YOLO through the Platform or through the Authorised Channels.
4.) REGISTRATION AND ACCOUNT
4.1 The User hereby understands and acknowledges that he/she has attained at least 18 (eighteen) years of age and is competent to contract under the Applicable Law(s) and thereby can register on the Platform after complying with the requirements of this Clause 4 and by entering their Registration Data.
4.3 The User is solely responsible for maintaining the confidentiality of his/her Registration Data and will be liable for all activities and transactions that occur through the User’s Account, whether initiated by the User or any third party. It has been agreed that the User shall not not authorize any third parties to use his/her Account, and may not allow any persons under the age of 18 to receive Transportation Services from Third Party Operators unless they are accompanied by the User himself/herself. You will only use the Services or download the Application for your sole and personal legal use and will not resell it to a third party nor try to hack or reverse engineer the Application or facilitate any person to do the same while availing the Services or otherwise.
4.4 The Company has irrevocable and unilateral right to refuse to provide Services and/or block you and/or to impose any fines or penalties or take any other recourse, legal or otherwise, as may be available to the Company under any Applicable Laws or under contract at the sole expense of the User, in case it appears to the Company, or is discovered by, alleged or comes to the knowledge of the Company that the User is guilty of any fraud, misrepresentation, illegal actions, cheating, creating nuisance, misuse of Application or any other misconduct.
4.5 The Company shall not be liable for any third party claim with respect to any loss that the User may have incurred as a result of someone else using the User’s password or Account, either with or without User’s knowledge or any third party have incurred upon usage of Services provided on the Platform through the User’s account, whether with or without User’s knowledge. In addition, you agree to accept responsibility for the use and access of the Platform/Services and/or availing the Transportation Servicesthrough your Account or activities that occur under your Account or password including any content stored, posted or otherwise transmitted through your Account even when certain content is posted/activities undertaken/Services availed by others who have access to your Account with or without your consent/authorization.
4.7 It is the User’s responsibility to check and to ensure that the User downloads the correct application for his/her device. The Company shall not be liable if the User does not have a compatible mobile device or if the User downloads the wrong version of the Application for his/her mobile device.
4.8 The Company allows the User to open only one Account in association with the Registration Data provided by the Users. In case of any unauthorized use of the User’s Account please immediately inform the Company at firstname.lastname@example.org.
4.9 In case, User is unable to access his/her Account, the User needs to inform the Company at email@example.com and make a written request for blocking the User Account. If You know or suspect that someone unauthorized knows your password for your Account or any other security breach, then You should notify Us by contacting Us immediately and in no event later than 24 hours through the contact details provided in the “Contact Us” section of the Platform. If Company has a reason to believe that there is likely to be a breach of security or misuse of the Platform, We may require You to change your password for your Account or We may suspend your Account without any liability to the Company and without any prior notice to You. Without prejudice to the above, the Company reserves the right to recover from You any and all damages, losses or costs that are levied on or suffered by the Company, Company’s vendor (s) or other Users or passengers due to misuse of your Account or your password for your Account whether due to reasons attributable to You or not. We shall not be held liable in any manner whatsoever to anyone for any misuse of your Account by any person without your consent or authority.
4.10 The Company will not be liable for any unauthorized transactions made through the User’s Account prior to the expiry of 72 (seventy-two) hours after the User has made a request in writing for blocking the User Account, and shall not have any liability in case of a Force Majeure Event.
5.) USER CONTENT
5.4 Further, YOLO shall store the information provided by the User including without limitation the recordings of User’s calls between the Company’s executive or contractors’ staff and the User for their conversation regarding the Services of the Company, Transportation Services offered on the Platform or any/all matters related thereto. The User shall promptly inform YOLO of any change in the information provided by the User to YOLO in respect to the Services used/availed on the YOLO platform or the Transportation Services availed through the Platform.
7.) USE OF PLATFORM
7.1 The User agrees, undertakes and confirms that User’s use of Platform shall be strictly governed by the following bindingprinciples.
7.2 User shall not host, display, upload, modify, publish, transmit, update or share any informationthat:
a) belongs to another person and to which User do not have any right to; or interferes with another user’s use and enjoyment of the Platform or any other individual’s user and enjoyment of similar services; or
b) that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of any person; or
c) misleading in any way; or
d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
e) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;or involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; or
f) infringes upon or violates any third party’s rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity; or
g) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
h) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or
i) contains video, photographs, or images of another person without his or her written consent and permission or the permission or the consent of his/ her guardian in the case of minor; or
j) contains video, photographs, or images of another person without his or her written consent and permission or the permission or the consent of his/ her guardian in the case of minor; or
k) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform and/or YOLO or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
m) interferes with another user’s use and enjoyment of the Platform and/or Services or any other individual’s user and enjoyment of similar services; or
o) harm minors in any way; or
p) is fraudulent or involve the sale of counterfeit or stolen items; or
q) violates any law for the time being in force; or
r) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
s) impersonate another person; or
t) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform; o
u) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
v) is false, inaccurate or misleading; or directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law, rule, regulation or guideline for the time being in force; or
w) creates liability for YOLO or cause YOLO to lose (in whole or in part) the services of its vendors.
7.3 The User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve the right to bar any such activity as and when detected or deemed appropriate.
7.4 The User shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform, or any other customer of YOLO, including any of YOLO’s account not owned by the User, to its source, or exploit the Platform or any Service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Platform.
7.5 The User agrees he/she will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or YOLO’s systems or networks, or any systems or networks connected to the Platform.
7.7 The User shall not use the Services or Platform in any manner that could damage, disable, overburden, block or impair any of the server connected to the Platform. The User may not attempt to gain unauthorized access to the services through hacking, password mining or any other means.
7.8 The User may not reverse engineer, decompile and disassemble any software used to provide the Services by YOLO.
7.9 The User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about YOLO or Brand name or domain name used by YOLO or the Services provided by YOLO or the Third Party Operatorsor otherwise engage in any conduct or action that might tarnish the image or reputation, of YOLO or its merchants on Platform or otherwise tarnish or dilute any of YOLO’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by YOLO.
7.12 The User understands that YOLO always has the right to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, YOLO can (and User hereby expressly authorize YOLO to) disclose any information about the User to law enforcement or other government officials, as is, in YOLO’s sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
7.13 It is possible those other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that User may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about Users on the public forum due to User’s use of the Platform, and that the recipient may use such information to harass or injure the User. YOLO does not approve of such unauthorized uses but by using the Platform. The User acknowledges and agrees that YOLO shall not be responsible for the use of any personal information that the User publicly discloses or shares with others on the Platform. The User should carefully select the type of information that he/she publicly discloses or shares with others on the Platform, or from the Platform on other social platform (including but not limited to Facebook).
7.14 YOLO shall have all the right to take necessary action and claim damages that may occur due to User’s involvement/participation in any way of the User or through group/s of people, intentionally or unintentionally causing hindrance in access to the Platform or provision of Services.
8.) PLATFORM AND SERVICES FOR TRANSACTION AND COMMUNICAITON
8.2 The User acknowledges and agrees that pursuant to use and access of the Platform or availing the Services through the Platform or through any Authorised Channels, the Transportation Services availed by the User are provided by the Third Party Operators on the Buses pursuant to and towards the fulfilment of the Bookings made by the User(s) on the Platform or through any Authorised Channels. The User agrees that the use of the Buses for availing the Transportation Services provided by the Third- Party Operators as well as all communication, interaction, transactions and dealing between them in respect of the same constitutes a separate and bilateral arrangement between the User and the Third- Party Operators.
8.3 It is hereby clarified to and acknowledged by the User that the Company itself does not provide Transportation Services and that it merely acts an intermediary technology service provider to facilitate and enable the interaction, communication and transaction between the Third Party Operator(s) and the User(s); and hence, the Company shall not be liable and responsible for any and all liabilities, losses, claims and damages that may arise out of or in connection with the interaction, communication and transaction between the Third Party Operator (whether on account of obtaining, availing, arranging, scheduling or availing Transportation Services or otherwise) and the User; and the User agrees to hold harmless and indemnifies the Company in this regard.
8.4 For availing the Transportation Services through the Platform, the User shall make Bookings and purchase the Tickets on the Platform through his/her Account or through any Authorized Channels by paying the Booking Price. Upon receipt of instruction from the Third-Party Operators, the Company reserves the right to change the fare for any Transportation Services at any time at its sole discretion, without any prior notification to the Users. The Company shall not be liable to refund any amount collected from the User towards any Booking of Transportation Services which could not be used by the User for any reason whatsoever. In addition, at the time of making a Booking or placing a Booking request for a Trip, a User may opt for insurance and any other additional services like excess freight, food, beverages etc., in respect of which the User will be charged Additional Charges, which may be collected as a part of the Booking Price or may be collected from a User by the Operator/representative of the Company at the time of undertaking the Trip facilitated through the payment methods provided herein. In case the User makes Booking through the Authorised Channels, the communication and transaction between the Authorised Channels and the User is a separate and independent transaction between the User and the Authorised Channel except for the availing of the Transportation Services of the Third Party Operators. However, the User agrees the even in case of Bookings made through the Authorised Channels, the User has to comply with the obligations contained herein with regards to the use of the Services and/or availing the Transportation Services. YOLO takes no liability for any promises and representations made to the User by an Authorised Channels.
8.6 The Service allows you to make a Booking through the Platform or thorough the Authorised Channels for the purposes of obtaining, arranging, scheduling or availing Transportation Services offered by Third Party Operator listed with the Company. The Third-Party Operator shall, subject to availability of seats on the Bus confirm each request for the availing and provision of Transportation Service through the Platform. The Company, in respect of every Bookings, notifies the User and provides information regarding the details of the Bus, Bus registration number, pick-up points, drop off point, schedule and timings, telephone contact details of the Third Party Operators personnel responsible for customer support and such other details as the Company may determine. The User acknowledges and agrees that the Company reserves the right to remove/modify/alter existing routes/pick-up points/drop- off points and the timings of the Transportation Services as well as the fee/charges for the Services, from time to time, without any prior notice to You. Upon receipt of instruction from the Third Party Operators, the Company reserves the right to remove / modify / alter existing routes / pick-up points / drop-off points and the timings of the Transportation Services as well as the fee / charges for the Services, from time to time, without any prior notice to the User. It shall be the sole responsibility of the User to verify these details prior to availing the Services/Transportation Services. The Company shall not be held responsible for any inconvenience caused to the User due to the changes stipulated in this clause.
8.7 By using the Platform or availing the Service provided by YOLO through the Platform or thorough the Authorised Channels, the User further agrees that:
8.7.1 The User will only use and access the Platform and avail the Services/Transportation Services for his/her sole, personal use and will not for commercial purposes to resell or assign it to athird-party;
8.7.2 The User will not use an account that is subject to any rights of a person other than the User without appropriate authorization;
8.7.3 The User will not use the Bus while availing the Transportation Services for unlawful purposes or carry any materials equipment or material that is prohibited under the Applicable Law or the use of which can be used for any illegalpurposes/activities;
8.7. 4 The User will not try to harm the driver or the co-passengers on the Bus during an ongoing Trip or in any way whatsoever or cause any damage to the Bus(es) or any harm to the driver or any staff present on the Bus;
8.7.5 The User will provide the Company, Authorised Channels and the Third Party Operator with such information and documents which they may reasonablyrequest;
8.7.6 The User is aware that when requesting Services or in relation to availing the Transportation Services, whether by message, via Platform/Authorised Channel or calling the call centre of YOLO, standard messaging charges, data charges, voice charges, as applicable, for the User and/or User’s phone network service providers, will apply;
8.7.7 The User will comply with all Applicable Law from the User’s country of domicile and residence and the country, state and/or city in which the User is present while using the Platform or Service;
8.7.8 The User is aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder;
8.7.9 The User will not, in his/her use of the Bus and availing the Transportation Services, cause nuisance, annoyance, inconvenience, or property damage, to the Bus(es), Third Party Operators or any third party.
8.8 The User may be asked to provide proof of identity to gain access to the Buses, and the User agrees that the User may be denied access to Buses if you refuse to provide or provides a false/no proof of identity.
8.9 The User agrees and accepts that the use of the Platform or availing the Services/Transportation Services is at the sole risk of the User, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied in respect thereof.
8.10 The User is strictly prohibited from doing the following acts including withoutlimitation:
Smoking, drinking and/or using any kind of intoxicants in the Bus; littering the Bus; misbehaving with the driver, staff or co-passengers; misbehave, hurt, torture, extort, assaulting or undertaking or participating in any untoward incident or harass the driver, staff or co-passengers in any manner; tearing off any advertisement(s) material or promotional material placed in the Bus; disturb or distract the driver while driving; make unnecessary noises and cause inconvenience to the driver, staff and co- passengers;Any kind of altercation or verbal spat with co-passengers, drivers and staff of the Bus; jump out of the Bus; Soiling or damaging the seats and/or any other interiors of the Bus; misusing, soiling or damaging any of the devices (technical/non-technical) in the Bus; asking the driver to break any traffic/RTO/city police and/or Applicable Laws for any purpose (especially reaching the destination earlier); abuse the driver or the co-passengers in any manner; doing acts which may harm the interiors of the Bus, causing fire in the Bus or doing any act in violation of the Applicable Laws; boarding the Bus if the User has symptoms of Covid-19 or has sufficient reason to believe that he/she may be infected with Covid-19.
8.11 Upon occurrence/ threat of occurrence of the aforesaid events, the driver/ conductor has the right to refuse the pick-up or ask the User to alight the Bus forthwith and the Company shall have the right to terminate or suspend the provision of the Transportation Services to the defaulting User and/or block the User accessing, either permanently or temporarily, the Platform and/or claim indemnities for the damage/loss caused, directly or indirectly, to the Company and the Third Party Operators. The information provided by the driver, conductor and other staff of the Bus or a representative of the Company or the Third Party Operator, present inside the Bus to the Company with regard to the occurrence of any of such events specified above shall be conclusive evidence for the Company to take the afforested action by it against the defaulting User.
8.12 In addition, the event the User is found to be involved in the activities as set out above, the User shall also be liable to pay a fine to the Company. In the event User fails to pay fine after the completion of the Trip or during the Trip, we may at our discretion, take such steps as may be available to us under Applicable Law for recovery of the same and any other damage, liability, cost and expenses that may be incurred by the Company and/or Third Party Operator arising out of/or in relation to the illegal or unauthorised use of Services, Bus or Transportation Services or any act and omission on the part of the User in complying the terms herein. The User shall also be blacklisted as a result of engaging in or aiding aforementioned acts, as the case may be.
9.) CONFIRMATION OF BOOKING
9.1 The Company shall upon receipt of a Booking for availing the Transportation Service, provide the User a confirmation of the seat and the Bus which is assigned for completion of a Trip being requested for, by facilitating the same through Platform or thorough the Authorised Channels in respect of the Transportation Services of the Third Party Operator to be availed. The Third Party Operator shall be responsible for conveying a confirmation towards the Booking requested by a User, it shall have the right to accept or decline the Booking made by the User through the Platform or thorough the Authorised Channels, basis the availability of seat in a Bus or other factors affecting the Booking confirmation.
9.2 YOLO shall, upon receiving the booking request from the User and confirmation from the Third Party Operator in the manner set out above, proceed to communicate the confirmation or non-acceptance of the Booking based on the availability of the Bus(es) at the pickup time and for the destination requested by the User, which shall be informed to the User vide an SMS or email or notification on the Platform or thorough the Authorised Channels. In the event the Booking is confirmed, the User shall have the option to check the Booking details including but not limited to pick up time and pick up point, Booking Price other details on the Ticket, and if there is any incorrect detail, the same needs to be modified by you in the profile section on the Platform.
9.3 The User shall bear the consequences and damages for any delay that may be caused to the User due to the User’s failure to provide the correct pick up details and time or to check the confirmation SMS or email or failure to inform YOLO of the incorrect details immediately.
10.1 The User shall be required to pay the Booking Price at the time of placing a Booking request for of purchase of a Ticket through the Platform or thorough the Authorised Channels in respect of using the Platform and/or for availing the Services/Transportation Services and any additional services like excess freight, insurance, food, beverages etc. towards which Additional Charges may be payable (as applicable).
10.2 User hereby agrees that the Booking Price collected at the time of the Booking will include all fees attributable to provision of the Transportation Services by the Operator, any toll, government taxes and levies in respect of the Transportation Services, technology fee, platform usage charges, and Additional Charges in respect of the additional services opted for like excess freight, food, beverages etc. The User acknowledges that the Company reserves the right to change the fare for any Transportation Services and Additional Charges at any time at its sole discretion, without any prior notification.
10.3 Further, the User shall be required to pay Cancellation Fee in case of a cancellation of the Trip towards a Booking, in accordance with the terms of Clause 11 (Cancellation Policy).
10.4 In addition, YOLO or Third Party Operator reserve the right to charge the User for the freight in excess of the limits permissible for a User to carry while availing the Transportation Services, as intimated by the Company from time to time, costs and compensation required to clean or repair the Bus(es) for damage caused due to reasons attributable to the User. In the event that a Third Party Operator reports the need for repair or cleaning on account of specific reason attributable to any User, and such repair or cleaning request is verified by YOLO in YOLO’s reasonable discretion, YOLO reserves the right to charge the User a fine for recovering the cost of such repair or cleaning to be paid by the User. All payments required to be made under this Clause 10.4 shall be made by using the payment method provided herein.
10.5 This payment structure is intended to fully compensate the Third Party Operator for the Transportation Services provided. YOLO does not designate any portion of your payment as a tip or gratuity to the Third Party Operators. Any representation by YOLO (on the Platform or in YOLO’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for Transportation Services provided, is not intended to suggest that YOLO provides any additional amounts, beyond those described above, to the Third Party Operator. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Operators who provides you with Transportation Services through the Platform, you are under no obligation to do so. Gratuities are voluntary.
10.6 Unless as expressly provided for by the Company and for the payments towards components of Additional Charges, no cash payment shall be permitted in respect of the fare towards transportation Services or any other element of Booking Price. Neither the Third Party Operators nor any personnel/staff of Third Party Operator and/or the Company nor the User(s) are permitted to make or accept payments in cash under any circumstances except as otherwise provided by the Company.
10.7 Credit Card/ Debit Card/ Net Banking Payment/Payment Gateway: The User shall have the option to make payment online through third-party payment processors, wallets, online fund transfer facility through banks or credit cards or mobile & internet-based payment/commerce platforms or authorized payment gateway networks as recognized and authorized by the Reserve Bank of India (“Payment Facilitator”), for the Booking Price towards the Trip chosen by the User at the time of placing a Booking on the Platform in respect of availing the Transportation Services.
10.8 The User hereby agrees and undertakes to share relevant payment details including their credit/debit card details (“Card Details”) with the Payment Facilitator for the successful completion of payment towards the Booking Price on the Platform and authorize the Payment Facilitator to complete such transaction(s). In this respect, it is clarified that all Payment Facilitator whose services are utilized for the purposes of the Platform. The User’s authorization permits the Payment Facilitator to debit or credit the bank account associated with the User’s payment details. User’s authorization further permits the Payment Facilitator to use User’s Card Details for the processing of transactions initiated by the User on the Platform. The User shall have the option to save the Card Details or bank details for ease of payment for booing the next trip on the Platform, as long as the User maintains an Account with YOLO’s Platform. In the event the User deletes his/her Card Details with the Payment Facilitator or if the User deletes the Account, the Payment Facilitator will not process any further transactions initiated by the User at the Platform. User’s authorization under this clause is subject to any other terms and conditions of the Payment Facilitator.
10.9 All payments made by the User against the Booking through the Payment Facilitator shall have Indian Rupees as the underlying currency. The Platform will not facilitate transaction with respect to any other underlying currency with respect to the transactions done on the Platform. Use of the Payment Facilitator shall not render YOLO liable or responsible for the non-payment, damage, breach of representations and warranties, non-provision of the Services/Transportation Services or fraud as regards the Services or Transportation Services offered on or through the Platform respectively.
10.10 While using or availing of the facility of the Payment Facilitator, YOLO will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to: (i) lack of authorization for any transaction/s, or (ii) unauthorized/ illegal use of the Credits, or (iii) exceeding the pre-set limit mutually agreed by and between the User and bank(s), or (iv) any payment issues arising out of the transaction, or (v) decline of transaction for any other reason/s.
10.11 You understand, accept and agree that the facility provided by Payment Facilitator on the Platform is neither a banking nor financial service but is merely a facility providing an electronic, automated online electronic payment and remittance for the transactions on the Platform using the existing authorized banking infrastructure and payment gateway networks. Further, by providing payment facility on the Platform, YOLO is neither acting as a trustee, agent, collaborator of banking organization or payment gateway networks nor acting in a fiduciary capacity.
10.12 Any payment related issues, except when such issue is due to an error or fault in the Platform, shall be resolved between the User and the Payment Facilitator. YOLO shall not be responsible for any unauthorized use of the User’s Credit Card/ Debit Card/ Net Banking Payment while making payment of the Booking price in respect of a Booking.The User acknowledges that YOLO will not be liable for any damages, interests or claims etc. resulting from not processing a request for availing the Transportation Services by the User or any delay in processing such request for Transportation Services which is caused due to technical reasons and/or is beyond the control of YOLO.
10.13 If the Company has a reason to believe that any payment instructions made on the User’s Account have been fraudulently made, the Company will suspend and deny the User any access to his/her Account in order to investigate and report the suspicious activity. Such suspension will continue in effect till the conclusion of the investigation.
11.) CANCELLATION POLICY
11.1 The User hereby agrees and acknowledges that the User may cancel Booking request for a Trip through the Platform, at any point of time subject to a Cancellation Fee charged by YOLO and in accordance with the cancellation and refund policy of the Company as made available on the Platform.
11.2 For the purpose of Bookings requested and/or completed on the Platform or through the Authorised Channels, the Users may request for cancellation of the Bookings directly on the Platform through the call centres at YOLO or through the Authorised Channels who had made such Booking on behalf of the User, in accordance with the cancellation and refund policy and subject to deduction of the Cancellation Fee. The Users agrees that in respect of any Booking which have been made through the Authorised Channels, it is the responsibility of the customer/User to (i) make himself/herself aware of the cancellation and refund policy of YOLO which is available to all users who access the Platform; and
(ii) inquire about the cancellation and refund policy of YOLO from the Authorised Channels who a user had engaged for making Booking on behalf of such User/customer. The User hereby waives and releases YOLO from and against any claim that may be made by the customer/User on account of loss, cost and expenses suffered or incurred arising out of or in connection with Cancellation Fee and cancellation and refund policy of YOLO, whether or not the User/customer has perused the same at the time of making Booking or placing Booking request.
11.3 In addition to the cancellation and refund policy made available on the Platform which can be accessed by any User/customer who visits the Platform, the User is also intimated of the applicable terms of cancellation, refund and Cancellation Fee at the time when the Booking is being made or cancelled.
11.4 There could be exceptional circumstances beyond the control of the Company and the Third Party Operators such as Force Majeure Events because of the occurrence of which the Third Party Operators may be unable to honor the confirmed Bookings. If YOLO is informed in advance of such situations where dishonor of Bookings may happen, it will make its best efforts to provide alternative to its User or refund the Booking Price after reasonable service charges, if supported and refunded by that respective Third-Party Operator. The User agrees that YOLO being a facilitator for provision of the Platform for enabling a User to make Bookings for availing the Transportation Services offered by Third Party Operator shall not be responsible for any such circumstances and cancellations. The maximum liability of YOLO in such events will be to refund the Booking Price amount subject to receipt from the same from the Third-Party Operators.
11.5 In the event that the User fails to board the Bus from the pick-up point or any other point as specified in the Ticket for any reason whatsoever, including, inter alia, a delay on his/her part, YOLO would not be held liable to refund the Booking Price for the same.
11.6 YOLO shall provide a receipt of the Cancellation Fee, if any, payable by the User for every cancellation in terms of the clauses above for such cancellations. The User may raise a request for a copy of the invoices regarding such cancellation from the support page on the Platform. The Cancellation Fee shall be due and payable by the User at the time of cancellation and shall be recovered from the Booking Price paid by the User in respect of such Ticket.
11.7 YOLO will not entertain any change in the details or route for which the Ticket has been Booked, at the request of the User after Booking. However, YOLO may, in its sole discretion and subject to availability, provide changes in the Ticket details or routes subject to User paying additional/alteration charges levied and payable in respect of such change/cancellation.
12.1 Upon acceptance of a cancellation request or if the User is of the view that he/she has been wrongly charged in respect of any particular Booking for an amount in excess of the Booking Price and provided such excess amount has not been charged/debited for reasons attributable to the Payment Facilitator, then the User shall may raise a refund request on the Platform, or thorough the Authorised Channels or through the support team of the Company, in accordance with the cancellation and refund policy of the Company. Where the Company determines that a refund request is valid, the refund amount of the Booking Price after and subject to the deceptions of the Cancellation Fee, shall be credited back to the User’s wallet or bank accounts through which the payment was made or to the Authorised Channel through which the Booking was made. The User expressly agrees and acknowledges that in case the Booking had been made by a customer/User through an Authorised Channels, the refunds (if any) will be made to the User through the Authorised Channel who had made the Booking on behalf of the User/customer and the User agrees that it will be the sole responsibility of the Authorised Channel to refund the amounts in respect of the cancelled Booking to the User. The User hereby disclaims, waives and releases the Company from and against any claim, liability, loss or damage that may be suffered or incurred by the User on account of Users inability to collect and recover such amount from the Authorised Channel and/or Authorised Channel’s failure to release the refund amount to the User.
12.2 In the event that the User has paid an amount in excess of the Booking Price or an amount has been deducted from the debit/credit card, met banking, wallet etc. for reasons attributable to the Payment Facilitator or for lack of User authorization, the User agrees that refund of such amount any claims relating thereto shall be inter se between the User, Payment Facilitator and the bank and the Users hereby expressly releases the Company from any loss, claims, damages in respect of the same. However, even in such a scenario, the User shall be required to email firstname.lastname@example.org or contact YOLO on customer care and make a refund request to be placed by YOLO on behalf of the Customer to the Payment Facilitator and the bank clearly explaining the circumstances of such User’s refund request. The Company will make reasonable efforts to respond to and intimate the bank or the Payment Facilitator of such refund request at the earliest. Please note that YOLO will not be responsible for non- acceptance or delays which may be caused by any third parties such as banks or Payment Facilitators, who are responsible for facilitating such refund request of the User.
13.) THIRD PARTY ADVERTISEMENT/LINKS AND LIMITATION OF LIABILITY
13.1 As part of the Services provided on the Platform, we facilitate and allow third party advertisers to place advertisements on the Platform in accordance with our advertisement policy (“Third Party Advertisers”).
13.2 Any issues or concerns faced by the User at the time of availing any products/ services shall be the sole responsibility of the Third-Party Advertisers. We will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Third-Party Advertisers. By availing the products or services offering of the Third Party Advertisers, User understands We merely provides a technology platform which contains the advertisements/links to the website/application of Third Party Advertisers for booking of services and products offered by them and the ultimate liability rests on the respective Third Party Advertisers and not YOLO. Thus, the ultimate contract of service is between User and such Third-Party Advertisers.
13.3 Please note that We do not verify any content or information provided by the Third Party Advertisers on the Platform and to the fullest extent permitted by Applicable Law(s), disclaim all liability arising out of Third Party Advertisers’ use or reliance upon the Platform or the Bus(es), availing the Services, content posted by Third Party Advertisers, representations and warranties made by the Third Party Advertisers on the Platform or towards the Bus(es) or any loss arising out of the manner in which the Services have been availed by the Users.
13.4 The Platform may be linked to the website/application of Third-Party Advertisers. By clicking on the links/advertisements by Third Party Advertisers, the User may be redirected to a website/application or other electronic platform of any Third-Party Advertisers or receive other messages, information or offers from such Third-Party Advertisers. We have no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites/applications of Third-Party Advertisers. Inclusion of any link on the Platform does not imply that we endorse the linked website/application of the Third-Party Advertisers or any of their product and service offerings. The User is wholly liable for all communications and transactions with such Third-Party Advertisers. The User acknowledges and agrees that the Company is not liable or responsible for the content, products or services of such Third- Party Advertisers or their websites, applications, links, information, messages, offers or privacy practices of such Third-Party Advertisers.
13.5 Users accept and acknowledge that we do not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statute or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and services made available through the link/advertisements of Third Party Advertisers on the Platform, including any guarantee or warranty that such goods/ products/services as offered/listed or provided by Third Party Advertisers: (i) are merchantable; (ii) fit for the purpose of which they are to be or have been purchased/availed; (iii) standard of products/ services as provided by the respective Third Party Advertises; (iv) availability of any services as listed by a Third Party Advertisers (iii) have accurate description; and (iv) do not cause any infringement.
13.6 The User acknowledges and agrees that YOLO or YOLO’s Platform is not responsible for the availability of Third-Party Advertisers’ links, content, websites, application, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The User warrants and agrees that YOLO will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, application, content, product and/or service.
14.) DNC(DO NOT CALL) PROVISION
14.1 By entering the mobile numbers when registering for an account on YOLO BUS, or getting notifications, the User gives consent to the company and its partners/vendors and sub-partners/sub-vendors to send alerts, contact details, promotional calls, promotional messages to the registered mobile number entered by the user, irrespective of whether the same is on the DNC list or any other such database. If the user does not wish to receive these messages, the user must not submit their mobile number with YOLO BUS.
15.1 It is the customer’s duty to obtain adequate insurance coverage unless YoloBus specifically provides in some particular service or deliverable. In no case shall YoloBus consider any claims which emerge from such scenarios.
15.2 Insurance, if any is offered by YoloBus as part of the service, shall be as per the third-party insurance company’s terms and conditions. The user shall contact the insurance company directly and Yolo bus in no way shall be held liable in case of partial acceptance or denial of the claims by the insurance company.
16.) CUSTOMER RELATIONSHIPMANAGEMENT
16.1 All issues, opinions, suggestions, questions and feedback while availing YOLO’s Services shall be communicated to us through the following email address email@example.com. In case of a Trip booked on the Application, User shall be required to rate the Trip after completion of the Trip. User hereby agrees to be fair, accurate and non-disparaging while leaving comments, feedbacks, testimonials or reviews on or about the Trips or Services, which the User must ensure are in accordance with the Applicable Laws.
16.3 The User shall be responsible and liable in respect of the wrongful allegation made and any issues posted on such other third-party platforms/social media. YOLO takes no liability for inability to get back or respond to any complaints made or content posted by the User about YOLO on other channels.
16.4 YOLO shall endeavour to respond to User’s issues within 2 (two) working days of User’s reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain issues may be resolved earlier than the other. However, YOLO shall not be liable for any damages or losses in the event the User is not satisfied with any such resolution.
17.) DISCLAIMERS, WAIVER ANDRELEASE
17.1 THE PLATFORM/SERVICE AND THE TRANSPORTATION SERVICES, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOLO DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY FOR ACCURACY, AVAILABILITY, CONTINUITY, UNINTERRUPTED ACCESS, TIMELINESS, SEQUENCE, QUALITY, PERFORMANCE, SECURITY, EFFICIENCY AND MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OR COMPLETENESS, EXCEPT OTHERWISE SPECIFIED IN WRITING.
17.2 IT IS HEREBY AGREED THAT YOLO ITSELF DOES NOT PROVIDE TRANSPORTATION SERVICES. IT MERELY ACTS AS A DIGITAL INTERMEDIARY TO CONNECT THE USER WHO WISHES TO AVAIL THE TRANSPORTATION SERVICES OFFERED BY THE THIRD- PARTY OPERATORS LISTED ON THE PLATFORM BY MAKING A BOOKING IN RESPECT OF UNDERTAKING A TRIP FOR CARRIAGE/TRANSPORTATION OF THE USERS FROM ONE POINT TO ANOTHER IN A BUS. YOLO EXPRESSLY DISCLAIMS AND THE USER AGREES TO WAIVE ANY CLAIM AGAINST YOLO IN CONNECTION AND/OR RELATED TO THE ACTS, ACTIONS, OMISSIONS, BEHAVIOR, CONDUCT AND/ OR NEGLIGENCE, DEFAULTS, ACCIDENTS, TORT ON THE PART OF THE THIRD-PARTY OPERATOR, CO-PASSENGERS, OR DRIVERS, CONDUCTORS, HELPERS AND OTHER CREW OF THE BUSES OR IN RELATION TO THE PERFORMANCE OF THE TRANSPORTATION SERVICES.
17.3 THE PLATFORM IS ONLY AN INTERMEDIARY AND CANNOT BE HELD LIABLE FOR ANY DISPUTE/CLAIM/DAMAGES THAT ARISE BETWEEN THE USER AND THE THIRD PARTY OPERATORS/THIRD PARTY ADVERTISERS IN RESPECT OF OR IN CONNECITON WITH THE PROVISION OR AVAILING OF THE SERVICES OR ANY PRODCUTS OFFEREINGS OFFERED/PROVIDED BY THIRD PARTY OPERATORS/ THIRD PARTY ADVERTISERS FOR WHATSOEVER REASON IT MAY BE.
17.4 WITHOUT PREJUDICE TO THE GENERALITY OF THE ABOVE, YOLO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY IN RESPECT OF THE THIRD PRARTY SERVICE PROVIDERS, AUTHORISED CHANNELS, BUSES, THIRD PARTY OPERATORS AND THIER DRIVERS, CONDUCTORS, HELPERS AND OTHER CREW OF THE BUSES AS TO SPECIFICS (SUCH AS QUALITY, EFFICIENCY, STANDARD, FITNESS, VALUE, RELIABILITY ETC) OF THE SERVICES OFFERED BY THEM AND YOLO ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS THEREOF.
17.5 YOLO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY OPERATORS, AUTHORISED CHANNELS OR ANY THIRD-PARTY ADVERTISERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THEIR SERVICES, OR PROVISION OF TRANSPORTATION SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU OR THE THIRD-PARTY ADVERTISERS.
17.6 YOLO DOES NOT WARRANT THAT: (I) THE PLATFORM WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL TIMES; OR (II) THE PLATFORM AND THE INFORMATION, CONTENT, MATERIALS, PRODUCT (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE PLATFORM; THEIR SERVERS; OR ELECTRONIC COMMUNICATION SENT FROM YOLO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (III) NOTHING ON THE PLATFORM WILL CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND OR AN ENDORSEMENT BY YOLO FOR THE PRODUCTS AND SERVICE OFFERING OF ANY THIRD PARTY SERVICE PROVIDER, INCLUDING BUT NOT LIMITED TO THIRD PARTY OPERATORS, AUTHORISED CHANNELS, COMPANIES POSTING ADVERTISEMENTS ON OR THROUGH THE PLATFORM OR ON ANY BUS .
17.7 TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YOLO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. YOLO DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
17.8 YOLO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM OR AVAILING THE TRANSPORTATION SERVICES OFFERED BY THIRD PARTY OPERATORS ON THE PLATFORM OR ANY PRODUCTS AND SERVICE OFFERINGS MADE AVAILABLE BY THIRD PARTY ADVERTISERS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
17.9 THE EXCHANGE OF INFORMATION, PROVISION/AVAILING OF TRANSPORTATION SERVICES OFFERED BY THIRD PARTY OPERATORS OR THE SERVICES OF THE AUTHORISED CHANNELS FOR MAKING BOOKINGS IN RESPECT OF THE TRANSPORTATION SERVICES ON THE PLATFORM ON BEHALF OF THE USER, AVAILING OF THE PRODUCTS AND SERVICE OFFERING OF THE THIRD PARTY SERVICE PROVIDER/THIRD PARTY ADVERTISERS; AND THE ENTIRE TRANSACTION BY AND BETWEEN THE THIRD PARTY OPERATOR/AUTHORISED CHANNELS/THIRD PARTY SERVICE PROVIDER/THIRD PARTY ADVERTISOR AND USER IS A SEPARATE AND INDEPENDENT CONTRACT BETWEEN THEM, ARE DONE AT YOUR SOLE RISK, AND HENCE YOU AGREE THAT THE COMPANY SHALL BE IN NO EVENT LIABLE FOR ANY INJURY, LOSSES, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH THEIR DEALING, INTERACTIONS AND TRANSACTIONS.
17.10 THE USER SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AUTHORISED CHANNELS ETC. IN RESPECT OF ANY EXCHANGE OF INFORMATION, TRANSACTION, DEALING AND PROVISION/AVAILING OF PRODUCT AND SERVICE OFFERING OF THIRD-PARTY OPERATORS/THIRD PARTY ADVERTISERS/AUTHORISED CHANNELS.
17.11 TRANSACTION BY AND BETWEEN THE THIRD PARTY OPERATORS/AUTHORISED CHANNELS AND USER. THE COMPANY WILL NOT BE DEEMED THE PROVIDER OF ANY TRANSPORTATION SERVICES OFFERED THROUGH THE PLATFORM, ANY SERVICES AVAILED TO USE/ACCESS THE PLATFORM FOR MAKING BOOKINGS FOR TRANSPORTATION SERVICES OFFERED ON THE PLATFORM, OR PURSUANT TO REGISTRATION OF A PERSON AS A USER WITH THE PLATFORM AND EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT THEREOF.
17.12 IN THE EVENT OF ANY CLAIM OR DISPUTE BETWEEN THE THIRD PARTY OPERATOR AND THE USER REGARDING OR ARISING OUT OF OR IN CONNECTION WITH OBTAINING, SCHEDULING, BOOKING AND/OR AVAILING THE TRANSPORTATION SERVICES OF THE THIRD PARTY OPERATORS FOR TRIPS TOWARDS THE BOOKING MADE THROUGH THE PLATFORM, BOTH THE USER AND THE THIRD PARTY OPERATORS HEREBY RELIEVES THE COMPANY AND AGREES TO INDEMNIFY THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB- CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES) IN RESPECT OF SUCH CLAIM OR DISPUTE.
17.13 THE USERS EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY THE USER OR ANY THIRD PARTY IN RELATION TO ANY USE OF/AVAILING OF THE TRANSPORTATION SERVICES OFFERED/PROVIDED BY THE THIRD PARTY OPERATOR OR AVAILING THE SERVICES AND PRODCUST OFFEREINSG OF THE THIRD PARTY ADVERTISERS; AND THE THIRD PARTY OPERATOR/THIRD PARTY ADVERTISERS AGREES TO INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
17.14 THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A USER IN RESPECT OF AVAILING/PROVISION OF THE TRANSPORTATION SERVICES OFFERED BY THIRD PARTY OPERATOR ON THE PLATFORM OR IN CONNECTION WITH PAYMENT FOR SERVICES AVAILED ON THE PLATFORM IN RESPECT OF MAKING BOOKINGS FOR THE SAME AND THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
17.15 PLATFORM HAS TAKEN REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION PUBLISHED ON THE PLATFORM IS ACCURATE AT THE TIME OF POSTING; HOWEVER, THERE MAY BE ERRORS IN SUCH INFORMATION FOR WHICH WE SHALL HAVE NO LIABILITY. WE RESERVE THE RIGHT TO REMOVE OR ALTER ANY OF THE INFORMATION CONTAINED ON THE PLATFORM AT OUR SOLE DISCRETION.
17.16 ALL INTERACTION, COMMUNICATION, DEALING, OR TRANSACTION BETWEEN THE AUTHORISED CHANNELS/THIRD PARTY OPERATORS AND USERS IS A SEPARATE AND INDEPENDENT TRANSACTION BETWEEN THEM,WITHOUT ANY LIABILITY ACCRUING TO OR ON THE COMPANY FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME. YOLO DOES NOT HAVE ANY CONTROL OVER SUCH SERVICES, DEALINGS AND TRANSACTIONSAND PLAYS NO DETERMINATIVE ROLE IN THE PERFORMANCE OF THE SAME AND HENCE DO NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS. THE PLATFORM DOES NOT ENDORSE ANY SPECIFIC THIRD-PARTY OPERATORS OR AUTHORISED CHANNEL NOR GUARANTEE THE QUALITY, SUFFICIENCY, COMPLETENESS, SAFETY AND VALUE OF THE SERVICES TO BE PROVIDED BY SUCH THIRD-PARTY OPERATORS/AUTHORISED CHANNELS.
17.17 EXCEPT FOR YOLO’S LIMITED ROLE IN PROCESSING FACILITATING PAYMENTS THAT USER’S AUTHORIZE OR INITIATE ON THE PLATFORM, YOLO IS NOT INVOLVED IN ANY UNDERLYING TRANSACTION BETWEEN THE USER, THIRD PARTY OPERATORS AND THE PAYMENT FACILITATOR OR THE BANKING/FINANCIALINSTITUTIONS.
17.18 THE AFORESAID, DISCLAIMERS, WAIVERS, RELEASES, LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION OR THE LIABILITY ARISES IN LAWS, CONTRACT, TORT OR OTHERWISE.
19.1 It is expressly made clear to You hereby that YOLO does not own any of the Buses nor does it directly or indirectly employ any drivers/conductors for the Buses or in any way engaged in provision of the Transportation Services. Buses are owned and the staff/driver/conductor/crew therein are employed or engaged by the Third PartyOperator; and YOLO disclaims any and all liability in respect of the claims made by the Users against the drivers, conductors, helpers and other staff/personnel/crew on the Buses or that of the Third Party Operators. However, YOLO encourages You to notify YOLO of any complaints that You may have against any personnel/staff or the Third-Party Operators.
19.2 In no event shall we, or our officers, directors, employees, partners or suppliers be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use and access of the Platform/Service; any use and condition of the Bus, any interaction, communication, dealing and transaction between the User and the Third Party Operator (including those whether on account of obtaining, availing, arranging, scheduling or availing Transportation Services or otherwise), or any products or services offering availed or obtained by the User from Third Party Advertisers.
19.3 Any claim that the User may have against the other passengers, contractors/agents engaged by YOLO, Third Party Operator/Third Party Advertisers and/or their respective personnel, staff employees or in respect of the products or services offered and provided by them shall be pursued by the User directly with any of them and YOLO shall not be made a party to any such claim.User hereby waives any claim and releases YOLO from and against any and all liabilities, losses, claims and damages that may arise out of or in connection with the disclaimers as mentioned under these Terms, provision of Transportation Services by the Third Party Operators, or any product and service offerings of third party contracts/agents/ Third Party Advertisers and further agrees to hold harmless and indemnify YOLO in this regard.
19.4 The User understands and agrees that YOLO shall not be liable for any content posted, transmitted, exchanged or received by or on behalf of any User or another person on or through the Platform and any unauthorized access to or alteration of your transmission or data.
19.5 YOLO shall not be liable for User missing trains/flights/events or delays etc. caused by or occasioned due to Transportation Service provided by the Third-Party Operator. User must book the Trip after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays. Further, the User agrees that YOLO shall not in way or manner be responsible for any delay caused or Bus missed by the User or for reasons attributable to Third Party Operators.
19.6 YOLO shall not be liable for any damages resulting from the use of or inability to use the Platform, including damages caused by wrong usage of the Platform, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the information on the Platform.
19.7 The User shall take full responsibility of his/her items and luggage. In case of lost items inside the Bus(es) during the journey, YOLO will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same. If the User leaves any goods in the Bus(es) or has any complaint in respect of the Transportation Services provided by the Third Party Operators or the use of the Bus(es), User shall have to inform YOLO of the same in writing within 24 (twenty four) hours of using the Bus(es) or the availing/provision of Transportation Services provided by the Third Party Operators. In the event it is found, User shall be informed about YOLO’s office from where the User can collect it after 2(two) working days from the date User was informed. YOLO however shall not be responsible for delivering the same back to the User. If requested, YOLO may deliver the misplaced item/s back to the User after 2(two) working days from the date User was informed, subject to the place of delivery being within twenty (20) kms from the YOLO office. YOLO shall charge the User a flat fee of Rs 200 (Indian Rupees Two Hundred) for such delivery.
19.9 In no event shall YOLO be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever, whether based on contract, tort, negligence, strict liability or otherwise, even if YOLO has been advised of the possibility thereof.
20.) INTELLECTUAL PROPERTY OWNERSHIP
20.1 YOLO alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations; text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or other information provided by the User or any other party relating to the Platform or the Service.
20.2 Third party trademarks may appear on this Platform and all rights therein are reserved to the registered owners of those trademarks. For use of any third party’s intellectual property, User needs to get permission directly from the owner of the intellectual property for any use.
20.4 The User may use information on the Platform purposely made available by YOLO for downloading from the Platform, provided that the User: (i) does not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) use such information only for User’s personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or (iii) does not make any additional representations or warranties relating to such information.
21.) SUSPENSION ANDTERMINATION
21.1 You agree that the Company, in its sole discretion and for any reason, may terminate the account (or any part thereof) you may have with the Company or use of the Platform and remove and discard all or any part of your account or any content uploaded by you, at any time. The Company may also in its sole discretion and at any time discontinue providing access to the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Platform or any account you may have or portion thereof, may be effected without prior notice, and you agree that the Company will not be liable to you or any third party for any such termination.
21.3 You acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your account or denial of access to the Services/Platform. In the event of termination of your account by the Company due to any of the aforementioned reasons, the Company shall have the sole discretion to terminate or cancel any of your past acts without any liability to the Company.
The Company does not permit copyright infringing activities on the Platform and reserves the right to terminate access to the Platform and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Platform may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have under law, contract and/or equity.
21.5 The User is entitled to terminate this legal relationship, at all times by deletion of the User Account, thus disabling the use by the User of the Platform. The User can close the User Account at any time by following the instructions provided on the Platform.
22.) APPLICABLE LAW AND DISPUTERESOLUTION
23.1 We are not liable for any infringement of copyright, trademark, patterns and/or any intellectual or proprietary rights of any third party, arising out of contents and/or materials posted on or transmitted through the Platform or items advertised thereon.
23.10 In our discretion we may serve any notice or communication on you by email, fax or mail. In the case of notices sent by (a) fax, you will be deemed served at the time and date of dispatch and receipt of confirmation regarding successful transmission of the fax; (b) email, you will be deemed served at the time and date of receipt of such email by you; and (c) mail, you will be deemed served 5 (five) business days after dispatch of the same.
23.14 YOLO may give notice by means of a general notice on the Service or Platform, or by electronic mail to User’s email address or a message on User’s registered mobile number, or by written communication sent by regular mail to User’s address on record in YOLO’s account information.
The Company may give notice by means of a general notice on the Account or Platform, or by electronic mail to User’s email address or a message on User’s registered mobile number, or by written communication sent by regular mail to User’s address on record in User Account information .The User may contact Company by electronic mail to the compliance/ Grievance Officer at the email address or by written communication sent by regular mail to the address provided below.
25.) GRIEVANCE OFFICER
Attn: Gagan Rajput
Designation: HOD – Customer Experience
Corporate Address: One-Culture, 2nd Floor, Eros City Square Mall, Sector 49, Gurgaon, Haryana.