1. GENERAL CONDITION OF USE
Your use of the products and/or services (hereinafter referred to as “Services”) currently offered or to be offered in future by Greenerace Technologies Private Limited, its subsidiaries, affiliates, licensors, associates and partners (hereinafter referred as “BONO”) through the app BONO (hereinafter referred as “App”) is subject to and governed by these Terms of Service (hereinafter referred as “Terms”).
You understand that the Terms will be binding on you. You agree that Services offered on the App can be accessed only in accordance with the Terms and you shall be responsible to comply with the Terms at all times. You are responsible to be aware of and agree to abide by the Terms as published and periodically amended or modified by BONO. If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi – judicial body in India, it will not affect the validity and enforceability of the remaining Terms.
Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by you shall not be construed as a waiver of our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.
We reserve the right to amend, modify or change any of the terms of this Agreement at any time, and it is advisable to regularly look at these terms. We shall give notice of such changes (“Notice”) either by email notification to the email address provided to us by you upon registration, or by posting the amended Agreement on the App. Such modifications could include changes to any of the Terms. If you do not agree with the terms of the amended Agreement, you may terminate your use of the Services by notifying us that you wish to terminate your Account. Your continued use of the Services will be deemed to constitute your acceptance of the changes to the Agreement.
1.2 Scope and Definitions
These General Conditions of Use apply to all services provided by BONO. BONO owns and operates the App BONO in India.
“Vehicle Sharing” means the sharing for a Trip by a Vehicle Owner carrying a Passenger for that Trip in exchange for a Cost Contribution;
“Cost Contribution” means the amount agreed between the Vehicle Owner and the Passenger in relation to the Trip which is payable by the Passenger as their contribution towards the costs of the Trip.
“Passenger” means a Member who has accepted an offer to be transported by a Vehicle Owner and includes all other persons who accompany such Member in the Trip.
“Vehicle Owner” means a Member who through the App offers to share a vehicle journey with a Passenger in exchange for the Credits.
“Member” refers to a registered user of the App.
“Service” refers to any service provided by BONO through the App to any Member.
“App” means any app maintained or operated by BONO which offers similar services including any micro apps or sub-apps offered through any such app.
“Trip” means a given journey in relation to which a Vehicle Owner and a Passenger have agreed upon a transaction through the App.
“User Account” means an account with the App opened by a Member and used to access the Service provided by BONO through the App.
1.3 Acceptance of Conditions
The Conditions apply to any and all use of the App by a Member. By using the App, the Members signify their acceptance to these Conditions in full and agree to be bound by them.
No access to the Services will be permitted unless the Conditions are accepted in full. No Member is entitled to accept part only of the Conditions. If a Member does not agree to the Conditions, such Member may not use the Services.
In the event that any Member fails to comply with any of the Conditions, BONO reserves the right, but not the obligation at its own discretion, to withdraw the User Account in question and suspend or withdraw all Services to that Member without notice.
These Conditions are intended to create binding rights and obligations between Members and BONO in accordance with the Indian Contract Act, 1872.
1.4 Variation of the Conditions, App and Service
BONO reserves the right to modify the Conditions at any time. In addition, BONO may vary or amend the Services provided through the App, the App functionality and/ or the “look and feel” of the App at any time without notice and without liability to Members.
Any modification to the App, Services or Conditions will take effect as soon as such changes are published on the App, subject to communication of any material change to the Conditions to the Members in an e-mail.
Members will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the App following publication of the varied Conditions. Changes will not apply to any bookings which have been made prior to publication of the varied Conditions.
2. USE OF THE SERVICE
2.1 User Account and Accuracy of Information
In order to use the Services each Member must create a User Account and agrees to provide any personal information requested by BONO. In particular, members will be required to provide their first name, last name, age and a valid telephone number. Use of the App is limited to those over the age of 18 years at the time of registration.
Members agree and accept that all of the information they provide to BONO when setting up their User Account and at any other time shall be true, correct, complete and accurate in all respects. Members also agree that any information supplied to BONO or posted on the App in connection with any Trip, or Vehicle Sharing will be true, accurate and complete.
Members agree and understand that BONO does not undertake any verification to confirm the accuracy of any information provided by the Members on the App or to a Vehicle Owner or Passenger, as the case maybe. BONO will not be liable to any Member in the event that any information provided by another Member is false, incomplete, inaccurate, misleading or fraudulent.
Unless expressly agreed by BONO, Members are limited to one User Account per Member. No User Account may be created on behalf of or in order to impersonate another person.
2.2 No Commercial Activity and Status of BONO
The App and the Services are strictly limited to providing a Service for Owners and Passengers to share their vehicles in a private capacity. The Services may not be used to offer or accept vehicle sharing for hire or reward or for profit or in any commercial or professional context. The Services may be used only to offer or accept vehicle sharing in exchange for sharing the cost of the Trip between the Vehicle Owner and the Passenger.
Vehicle Owners agree not to obtain any hire or reward or make profit in any form, from any Trip. The Service and the credits from the Cost Contribution may only be used to discharge the Vehicle Owner’s costs and may not be used to generate any hiring charges or reward or profit in any form for the Vehicle Owner. The Vehicle Owner is not entitled to make profit by virtue of the credits received from the Cost Contribution, the types of Trips offered by a Vehicle Owner, the frequency of such Trips or the number of Passengers transported. This applies to all activities, arrangements and Services booked using the App and any additional services or activities which may be agreed between Vehicle Owner and Passenger through the App.
The Vehicle Owner must not provide any additional services to the Passenger in exchange for hiring charges or any reward or for profit or otherwise (and the Passenger may not accept or ask for any such services) including (without limitation) package delivery, waiting time, additional drop offs and pick-ups and collecting additional passengers (other than the Passenger).
All Trips, collection locations and destinations must be pre-agreed through the Mobile App between the Vehicle Owner and Passenger. Vehicle Owners may not collect any Passengers from any location which has not been pre-agreed with the Passenger through the App.
Members are reminded that using the Services and offering Trips for hire or reward or in a commercial or professional capacity may invalidate a Vehicle Owner’s insurance and invite adverse legal actions by the road transport authorities. BONO shall not be in for any loss or damage incurred by a Member as a result of any or breach by a Member of these Conditions including where any Vehicle Owner (in breach of these terms) offers Services through the App in a professional or commercial capacity (thereby potentially invalidating their insurance) and breach of any agreement between the Vehicle Owner and the Passenger. Any offering of Trips in violation of the Conditions shall be at the sole risk of such Member and BONO shall have no liability towards Members for such violations.
Neither BONO nor the App provides any transport services. The App is a communications platform for Members to transact with one another. BONO does not interfere with Trips, destinations or timings. The agreement for vehicle sharing is between the Vehicle Owner and the Passenger. BONO is not a party to any agreement or transaction between Members, nor is BONO liable in respect of any matter arising which relates to a booking between Members. BONO is not and will not act as an agent for any Member.
Any breach of these Conditions will give rise to immediate suspension of such Member’s User Account and they may be restricted from accessing any further Services.
2.3 Types of Booking and Payment
BONO offers to its Members an online booking service (hereinafter, the “Booking Service”) with a view to facilitate the booking of seats by Passengers.
BONO reserves the right not to offer the Booking Service to a Trip due to: (i) changes to applicable law, changes in the practice of regulatory authorities or changes in case law, (ii) changes to market practices or technology changes, (iii) changes of business considerations underlying the Booking Services, and (iv) other important and valid reasons
BONO reserves the right to limit the number and/or class of Members eligible to the Booking Service for any Trip.
2.4 Sharing for a Trip
The Vehicle Owner provides details of his or her Trip on the App, specifying date and time for departure and destination locations, the credits per seat and all other relevant travel conditions. The Vehicle Owner can also send a request to any passenger matches for the ride requirement.
The Passenger books one or more seats in the vehicle for that Trip from the App exclusively by sending a request to the Vehicle Owner for that particular trip.
Once the Vehicle Owner or the passenger accepts the request, BONO will then send a notification confirming the Booking (hereinafter, the “Booking Confirmation”). Once a Booking Confirmation has been sent, the Booking is complete and a separate binding agreement for Vehicle-Sharing relating to the Trip shall be formed between the Vehicle Owner and Passenger.
Once the Booking confirmation is sent, BONO withholds the cost contribution of the passenger from his wallet. Upon successful completion of the trip, the credits to the Vehicle Owner would be credited to his wallet.
Members accept that given the nature of the service Vehicle Owners and Passengers will have no recourse to BONO for any aspect of the transaction including in relation to cancellation, last minute changes, failure by the Vehicle Owner or the Passenger to turn up.
BONO will not contact either party and will take no other steps whatsoever than those described above to manage the booking. The operation of the Trip is solely managed by the respective Vehicle Owner and Passenger(s).
Please note that BONO reserves the right to change any aspect of the App or the Service which may include adding new services (which may require payment) or withdrawing any existing Services. BONO does not guarantee that the App will be functional at all times and Services may be suspended during such period when the App is not in operation. BONO will not be liable to any of the Members in case where the App is non-operational.
2.5 Vehicle Owner and Passenger Obligations
Vehicle Owner’s obligations
The Vehicle Owner agrees:
That the Trip shall not be for any fraudulent, unlawful or criminal activity.
That they will procure for a comprehensive insurance policy, which provides insurance cover to the occupants in the and covers third party liability.
That they will present themselves on time and at the place agreed.
That they will immediately inform all Passengers of any change whatsoever to the Trip. If one or more Passengers have made a booking and the Vehicle Owner decides to change any aspect of the Trip, the Vehicle Owner undertakes to contact all Passengers who have made a booking in relation to that Trip and to obtain the agreement of all Passengers to the change. If a Passenger refuses the change, they are entitled to a full refund and without any compensation being paid to the Vehicle Owner.
The Vehicle Owner must comply with the Good Conduct Charter at all times.
The Vehicle Owner must wait for the Passenger at the pickup point for at least 10 minutes after the agreed time (however, the Passenger is expected to be punctual).
The Passenger agrees:
That the Trip shall not be for any fraudulent, unlawful or criminal activity.
That they will present themselves on time and at the place agreed with the Vehicle Owner;
That they will immediately inform the Vehicle Owner or BONO if they are required to cancel a Trip.
That they will comply with the Good Conduct Charter at all times.
The Passenger agrees to wait at the pickup point for at least 10 minutes after the agreed time for the Vehicle Owner to arrive.
If the Passenger or Vehicle Owner fail to comply with any of these terms or any other Conditions BONO reserves the right to keep information relating to the breach, to publish or disclose this information on the Member’s online profile and to suspend or withdraw the Member’s access to the App.
That they shall ensure that all other persons who accompany the Passenger in the Trip comply with these Conditions as applicable to a Passenger.
The Vehicle Owner agrees and undertakes to take out and maintain a comprehensive insurance to cover third party liability, the occupants of the Trip offered or booked through the App. The Vehicle Owner agrees that they will, on request, provide the Passenger with evidence, in advance of the Trip, of the complete validity of its insurance policy. The Vehicle Owner also undertakes to hold a valid driving license and that the Vehicle Owner will own or will be entitled to use the vehicle and that they will have a valid PUC (Pollution Under Control) certificate and the Passenger is entitled to request evidence of the Vehicle Owner’s insurance, registration certificate (‘log book’), driving license and PUC certificate at any time up to completion of the Trip.
It is BONO’s understanding that governmental authorities take the view that a Passenger who contributes only towards travel expenses is treated as travelling without hire or reward to the driver, and is therefore a third party passenger who is covered by comprehensive third party insurance policy in India. However, BONO gives no warranty or assurance in this regard and it is the Vehicle Owner’s responsibility to verify that their insurance provides adequate cover.
It is up to each Vehicle Owner and Passenger to confirm with each other that the Vehicle Owner is covered by valid insurance. The Vehicle Owner must confirm that their insurance policy allows them to carry Passengers and that their insurance policy covers all Passengers and any accident or incident which may occur during a Trip.
The Vehicle Owner and the Passenger are aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Vehicle Owner had made or was seeking to make a profit.
The Vehicle Owner may collect no payment from the Passenger other than the Cost Contribution and the Vehicle Owner must not in any event provide on hire or for reward in any form.
The Vehicle Owner therefore undertakes to calculate their expenses (fuel, toll, maintenance, repairs, depreciation and insurance of their) and guarantees that the total Cost Contributions requested from their Passengers does not result in the running for hire or for reward.
If the Vehicle Owner does receive any hiring charges or reward, or if the insurers repudiate or refuse to accept any claim arising during a Trip for any other reason, the Vehicle Owner will be responsible for the financial consequences, losses and damages arising and BONO will not be liable under any circumstances to the Vehicle Owner or the Passenger.
BONO reserves the right, but not the obligation at its own discretion, to suspend immediately the account of a user including the money displayed and to make aware to competent authorities any professional activity.
2.6 Management of Disputes Between Members
BONO may at its sole discretion provide its Members with an online service for resolving disputes. This service is non-binding. BONO is under no obligation to seek to resolve disputes and this service is offered at BONO’s sole discretion and may be withdrawn at any time.
2.7 Verification of IDs and Phone number
By accepting the terms and conditions contained herein, every Member or any person who wishes to register as a Member hereby agrees and consents to the fact that BONO may collect IDs / documents belonging to them including but not limited to passport, PAN card and Aadhaar card for the purpose of verification of the information contained in such IDs / documents by third party service providers.
In order to increase trustworthiness, prevent typos and wrong numbers, Member may verify their mobile number. The Member may do this by providing BONO with their mobile phone number, after which the Member will receive a SMS with a 4-digit code which can be validated on the app. This service is free of charge, except for the possible cost levied by a Member’s mobile phone operator for receiving the SMS.
2.8 International Trips and International Bookings
Bookings may be made through the App for international Trips. An International Trip means any Trip which includes any travel outside of India. If a booking is made for an International Trip Vehicle Owners must ensure that their insurance covers travel outside of India. The Vehicle Owner must also ensure that they are compliant with all relevant rules and restrictions applicable in any overseas country.
2.9 Messages between Members
BONO may review, scan, and moderate the messages the Members exchange with each others through the App in particular for fraud prevention, customer support purposes, enforcement of the contracts entered into with BONO’s members (such as the Conditions) and ensure compliance with applicable law. For example, in order to prevent the circumventing of its Booking Service, BONO may scan and analyse messages sent through the platform to check that they do not include any contact details or references to other app.
By using the App and accepting the T&C’s, the Member agrees that BONO, in its sole discretion, may review, analyse and moderate the messages exchanged through the App.
By using the messaging feature of the App, the Member undertakes not to write and/or send any message prohibited by applicable law. In particular the member undertakes to refrain from writing/sending any message which content:
• belongs to another person and to which the Member does not have any right to;
• is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic;
• harms minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonates another person;
• contains software viruses that limit the functionality of any computer resource; and
• threatens the unity, integrity, defense, 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 any other nation.
In addition, the Member undertakes to send messages only with respect to the booking of Vehicle-sharing and in line with the purposes of this App. The Member undertakes to refrain from using the messages for private or confidential communications.
BONO reserves the right to filter or delete the messages and suspend or terminate the User Account of the Member and the access of the Member to the App if it appears during the moderation of the messages sent by the Member that she/he does not comply with the Conditions and/or applicable law.
2.10 Contacting Members
By accepting the terms and conditions contained herein, every Member hereby agrees and gives consent to BONO to communicate via phone calls, sms, email and such other means as BONO may deem fit. Such communications to Members may be recorded through technical support provided by third parties for the purpose of training, quality and for regularly updating the Members about the services of BONO.
2.11 User restrictions
• Money Laundering: You are prohibited from doing any activity on the App that may be construed as money laundering
• Anti-SPAMMING: Sending SPAM emails or any other form of unsolicited communication for obtaining registrations on the App to benefit from any promotional program of BONO or for any other purpose is strictly prohibited.
• Multiple IDs: Your registration on the App is restricted to a single user account which will be used by you to avail of the Services provided on the App. You are prohibited from creating or using multiple user IDs for registering on the App.
• You may not create a login name or upload, distribute, transmit, publish or post content through or on the App or through any service or facility including any messaging facility provided by the App which:
• is libelous, defamatory, obscene, intimidating, invasive of privacy, abusive, illegal, harassing;
• contains expressions of hatred, hurting religious sentiments, racial discrimination or pornography;
• is otherwise objectionable or undesirable (whether or not unlawful);
• would constitute incitement to commit a criminal offence;
• violates the rights of any person;
• is aimed at soliciting donations or other form of help;
• violates the intellectual property of any person;
• disparage in any manner BONO or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or apps;
• promotes a competing service or product; or
• Violates any laws.
• In the event we determine that the login name created by you is indecent, objectionable, offensive or otherwise undesirable, we shall notify you of the same and you shall promptly provide us with an alternate login name so that we can change your existing login name to the new name provided by you. If you fail to provide an alternate name, we reserve the right to either permanently suspend your user account or restore your user account only after a different acceptable login name has been provided by you.
• You shall not host, or intercept, emulate or redirect proprietary communication protocols, if any, used by the App regardless of the method used, including protocol emulation, reverse engineering, modify the App or the app or any files that are part of both.
• You shall not frame the App or the app. You may not impose editorial comments, commercial material or any information on the App or the app, alter or modify Content on the App or the app, or remove, obliterate or obstruct any proprietary notices or labels.
• You shall not use Services on the App or the app for commercial purposes including but not limited to use in a commercial taxi service
• You shall not upload, distribute or publish through the App or the app, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act 2000 or such other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to us or that aids in providing the services offered by BONO. You shall not disseminate or upload viruses, programs, or software whether it is harmful to our platform or not. Additionally, you shall not impersonate another person or user, attempt to get the OTP, other user account information, or other private information from a user, or harvest email addresses or other information.
• You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your user account, Content, currency, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the App or the app.
• Any form of fraudulent activity including, attempting to use or using any other person’s credit vehicle(s), debit cards, net-banking usernames, passwords, authorization codes, prepaid cash cards, mobile phones for adding cash to your user account is strictly prohibited.
• Accessing or attempting to access the Services through someone else’s user account is strictly prohibited.
• You shall not post any material or comment, on any media available for public access, which in our sole discretion, is defamatory or detrimental to our business interests, notwithstanding the fact that such media is not owned or controlled by us. In addition to any other action that we may take pursuant to the provision hereof, we reserve the right to remove any and all material or comments posted by you and restrict your access to any media available for public access that is either controlled or moderate by us; when in our sole opinion, any such material or comments posted by you is defamatory or detrimental to our business interests.
2.12 User Account Suspension
• We may suspend or otherwise put restrictions on your access to the Services on the App or the app during investigation for any of the following reasons:
• Suspected violation of Terms or other abuse of your user account;
• Suspected breach of security of your user account; or
• If other users report misuse or misconduct on your part
• Our decision to suspend or restrict Service or any part thereof as we deem appropriate shall be final and binding on you.
2.13 Breach and consequences
• In the event of breach of any of the Terms being evidenced from our investigation or if there is reasonable belief, in our sole discretion, that your continued access to the App or the app is detrimental to the interests of BONO, our other users or the general public; we may in our sole discretion take any or all of the following actions:
• Permanently suspend your user account on the App;
• Demand damages for breach and take appropriate civil action to recover such damages; and/or
• Initiate prosecution for violations that amount to offences in law.
• Additionally, in the event of committing material breach hereof, we reserve the right to bar you from future registration on the App or the app.
• The decision of BONO on the action to be taken as a consequence of breach shall be final and binding on you.
• Any action taken by BONO shall be without prejudice to our other rights and remedies available in law or equity.
If you have a complaint, you should in the first instance contact the customer support team at email@example.com. Complaints should be made as soon as possible after circumstances arise that cause you to have a complaint.
• You accept that any complaints shall remain confidential both whilst a resolution is sought and afterwards. You agree that you shall not disclose the existence, nature or any detail of any complaint or dispute to any third party.
• BONO shall make efforts to resolve complaints within reasonable timeframe.
• Our decision on complaints shall be final and binding on you.
• All transactions on the App or the app shall be in Indian Rupees.
• Once you register on our App or app, we maintain a user account for you to keep a record of all your transactions with us. Payments connected with participation in the services will be made to and from this account.
• The ability to deposit in your user account shall be subject to monthly deposit limits which can be set by us with undertakings, indemnity, waiver and verification conditions as we deem appropriate in our sole discretion.
• Credit card, Debit card and internet banking payments are processed through third party payment gateways. Similarly, other payment modes also require an authorization by the intermediary which processes payments. We are not responsible for delays or denials at their end and processing of payments will be solely in terms of their policies and procedures without any responsibility or risk at our end. If there are any issues in connection with deposits, a complaint may be sent to us following the complaints procedure provided in “Complaints” section below. You agree that in such an event of your credit being delayed or eventually declined for reasons beyond our control, we will not be held liable in any manner whatsoever. Once a payment/transaction is authorized, the funds are credited to your user account and are available for you to use the services.
• We have the right to cancel a transaction at any point of time solely according to our discretion in which case if the payment is successful, then the transaction will be reversed and the money credited back to your payment instrument.
You may withdraw your remaining balance by transferring into your Paytm wallet as Paytm Cash. You agree that all withdrawals you make are governed by the following conditions:
• There are credits related to your account in your wallet on the app
These Credits are made available to you post a successful recharge from the system using an external payment gateway. An equivalent amount of Credits is credited into your account on the system as per the recharge amount paid by you in rupees through the payment gateway. These Credits are used to pay for your travel done using the system. These can be redeemed/withdrawn from the system into Paytm Cash by submitting a withdrawal request on the app. However, there are promo credits as well.
Promo Credits – These Credits are gift Credits provided to you by us as a gift. These can only be used to pay for your travel done using the system. These cannot be redeemed/withdrawn from the system.
• You can choose to withdraw balance from your user account at any time. The withdrawal amount will be limited to the Credit balance in your account wallet.
• Once the withdrawal request is submitted the equivalent amount will be credited into your Paytm wallet within 2 hours, provided the balance in your Paytm wallet does not exceed the maximum allowable limit.
• We will attempt our best to process your withdrawals in a timely manner, but there could be delays due to the time required for verification and completing the withdrawal transaction. We shall not be liable to pay you any form of compensation for the reason of delays in remitting payments to you from your user account.
4.1 Additional charges that may apply
Certain additional charges may be levied upon you by the Company, or by payment gateways, banks or other intermediaries, at the time of recharge or Deposit and Withdrawals. You agree to pay any such additional charges, which may vary between various banks, payment processors or other intermediaries.
5. DISCLAIMER OF LIABILITY
5.1 Members may access the Services on the App at their own risk and using their best and prudent judgment before entering into any arrangements with other Members through the App. BONO will neither be liable nor responsible for any actions or inactions of Members nor any breach of conditions, representations or warranties by the Members. BONO hereby expressly disclaims any and all responsibility and liability in arising out of the use of the App.
5.2 BONO expressly disclaims any warranties or representations (express or implied) in respect of Trips, accuracy, reliability and completeness of information provided by Members, or the content (including details of the Trip and Cost Contribution) on the App. While BONO will take precautions to avoid inaccuracies in content of the App, all content and information, are provided on an as is where is basis, without warranty of any kind. BONO does not implicitly or explicitly support or endorse any of the Members availing Services from the App.
5.3 BONO is not a party to any agreement between a Vehicle Owner and Passenger and will not be liable to either the Vehicle Owner or the Passenger unless the loss or damage incurred arises due to BONO’s negligence.
5.4 BONO shall not be liable for any loss or damage arising as a result of:
A false, misleading, inaccurate or incomplete information being provided by a Member; The cancellation of a Trip by a Vehicle Owner or Passenger;
Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Vehicle Owner or Passenger before, during or after a Trip.
BONO will not be liable to any Member for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, lost of anticipated savings or lost opportunity arising as a result of the services provided by BONO (whether suffered or incurred as a result of the BONO’s negligence or otherwise) except in the case of fraud, willful concealment or theft.
BONO’s liability to any Member for all losses in respect of any Trip is capped at the sum of INR 500/- (Indian Rupees Five Hundred only).
BONO will not be liable to any Member in relation to any Trip unless BONO is notified of a claim relating to that Trip within 1 month of completion of the Trip
Given that Vehicle Owners are required to hold valid insurance to cover a Trip and given that BONO’s service is limited to putting Vehicle Owners and Passengers in touch with each other and cannot oversee any Trip, Members accept that the limitations on the BONO’s liability set out above are reasonable.
6. INDEMNITY AND RELEASE
6.1 Members will indemnify and hold harmless BONO, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
6.2 Members release BONO and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Members and specifically waiver any claims or demands that they may have in this behalf under any statute, contract or otherwise.
7. GENERAL TERMS
No arrangement between the Members and BONO shall constitute or be deemed to constitute an agency, partnership, joint venture or the like between the Members and BONO.
7.2 Suspension or Withdrawal of App Access
In the event of non-compliance on your part with all or some of the Conditions, you acknowledge and accept that BONO can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or your access to the App (including in particular your User Account).
7.3 Intellectual Property
The format and content included on the App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BONO, its affiliates or its content suppliers and is protected by India and international copyright, authors’ rights and database right laws.
All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to BONO) which appear on the App.
The App or any portion of the App may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of BONO. No person is entitled to systematically extract and/or re-utilize parts of the contents of the App without the express written consent of BONO. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this App is strictly prohibited.
7.4 Content of the App Provided by the Members
By displaying content on this App, Members expressly grant a license to BONO to display the content and to use it for any of our other business purposes.
Members of this App are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other person’s intellectual property rights (e.g. copyright). Any such content which is contrary to BONO’s policy and BONO does not accept liability in respect of such content, and the Member responsible will be personally liable for any damages or other liability arising and agrees to indemnify BONO in relation to any liability it may suffer as a result of any such content. However as soon as BONO becomes aware of infringing content, BONO shall do everything it can to remove such content from the App as soon as possible.
7.5 Partner Apps
BONO reserves the right to reproduce any information that appears on the App or on the partner apps.
In particular, ads published on one of the apps maintained or co-maintained by BONO may be reproduced on other apps maintained or co-maintained by BONO or third parties.
8. LAW AND JURISDICTION
These terms shall be governed by the law of India and any disputes arising in relation to these terms shall be subject to the jurisdiction of the Courts of Gautam Budh Nagar.