Terms & Conditions

THESE MOBILE APPLICATION / WEBSITE TERMS OF USE ("TERMS OF USE") ARE AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS/RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DO NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THESE TERMS OF USE ARE A LEGALLY BINDING DOCUMENT BETWEEN USER AND BYKUP (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN MEMBER AND BYKUP FOR THE USE OF THE WEBSITE OR APPLICATION (DEFINED BELOW).

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE MOBILE APPLICATION / WEBSITE.

These Terms of Use of the website and the application located at the URL www.bykup.com and mobile application located on “Google Playstore” under the name and style "Bykup" is between Solnix Technocomm Private Limited (hereinafter referred to as "Company" or "We" or "Us" or "Our") and users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or ”User”) describe the terms on which Bykup offers You access to the Website, Mobile Application and such other services as are incidental and ancillary thereto ("Services").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE MOBILE APPLICATION / WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE MOBILE APPLICATION OR WEBSITE.

In these Terms of Use, unless there is anything repugnant in the subject or context:

“Bykup” means Solnix Technocomm Private Limited, a company registered under the provisions of Companies Act, 2013 and having its registered office at A84, Malviya Nagar, Jaipur 302018, India . Bykup maintains the website and mobile application in the name and style “Bykup” (developed, owned and maintained by Bykup) providing mobile based digital platform to enable ride sharing between persons, on mutual consent between Lift Giver and Lift Taker.
“Conditions” mean these Terms of Use, including all the Policies and Honor Code of Bykup as notified on the Mobile App / Website.
“Cost Contribution” means the amount calculated on BykUp in relation to the Trip which is payable by the Lift Taker as his/her contribution towards the costs of the Trip.
“Lift Giver” means a person who through the mobile app offers to share his/her motorcycle with a Lift Taker for a Trip.
“Lift Taker” means a person who has requested and accepted an offer to be transported by a Lift Giver on his/her motorcycle for a Trip.
“Member” means a registered user of the Mobile APP or any user having a User Account and includes Lift Giver and Lift Taker.
“Motorcycle” means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle;
“Platform Fee” means the amount charged by Bykup for using the platform for connecting the Lift Giver and Lift Taker.
“Ride Sharing” shall mean mutually agreed sharing of a ride on a motorcycle of a Lift Giver by a Lift Taker for a Trip in exchange for Cost Contribution and a Platform fee.
“Service” refers to usage of BykUp platform connecting the Lift Giver with Lift Taker to enable Ride Sharing. It is emphatically understood that the platform shall not be used to offer or accept ride sharing for hire or reward or for profit or for any commercial or professional purpose. The Service and the Cost Contribution may only be used to discharge the Lift Giver’s costs and may not be used to generate any hiring charges or reward or profit in any form to the Lift Giver.
“Third Party” means any person(s), including a juridical person, which is not the Company, Lift Giver and Lift Taker.
“Trip” means a given journey in relation to which the Lift Giver and the Lift Taker have agreed upon a transaction through the website of BykUp.
“User” means and includes a registered or unregistered user of the website and includes a member or any other user having a User Account on the Website.
“User Account” means an account which shall be opened by Lift Giver and Lift Taker using website in order to access the Services provided therein.
“Wallet Money” means prepaid instrument, provided by a third party prepaid payment system providers, who have obtained the authorization from the relevant statutory authorities.
“Website” means www.bykup.com including any microsites or sub-sites offered through any such Website and includes mobile application thereof which is owned, maintained and operated by Bykup.
Explanation: The term Website is inclusive and non-exhaustive and, in every usage of the term ‘Website’ hereinbelow, whether it has been used along with or without the term ‘Mobile Application’, shall mean and include the mobile application owned, maintained and operated by Bykup under the name and style ‘Bykup’.

 

  1. GENERAL

    1.1 Solnix Technocomm Private Limited is a company incorporated under the laws of India, with its registered office atA84, Malviya Nagar, Jaipur 302018, India, which provides a technology based platform called BykUp on which persons registered on the platform can offer a ride or can ask for a ride by entering into a mutual agreement with each other, after due verification of each other’s profile on the Website. The Services may not be used to offer or accept ride sharing for hire or reward or for profit or in any commercial or professional context. These terms and conditions shall govern the relationship between the persons using the Website and Bykup in the course of provision of ride sharing/bike pooling.

    1.2 These Terms of Use are subject to revision by Solnix Technocomm Private Limited at any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. In the event such a facility is provided on the Website, You can determine when Bykup last modified any part of the Agreement by referring to the "Last Updated" legend provided in that document. It shall be Your responsibility to check these Terms of Use periodically for changes. Bykup may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the mobile application. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.

    1.3 If there is any conflict between these Terms of Use and any other notices, disclaimers or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.

  2. SCOPE OF SERVICES

    2.1 Bykup is neither a transportation service provider nor a transportation carrier. It offers information and a platform to offer and make Ride Sharing possible and does not by itself or by any means provide transportation services.

    2.2 Bykup shall invalidate the usage of the Bykup platform for persons who use it for any other purpose which is not within the scope of Services given in the definition clause of this document. Bykup shall also invalidate or block the users at its discretion for any reasons, this may include users that are outside fair usage of the platform or conduct fraudulent transactions, use fake identities, are not deemed safe for the bykup user community or any other reason that we feel reasonable for better user experience of the bykup community.

    2.3 All trips, collection points and destinations must be pre-agreed through the Website between the Lift Giver and Lift Taker. The Lift Giver shall not collect any Lift Taker from any location which is not pre-agreed through the website/ mobile app.

    2.4 Even after acceptance offer made by the Lift Giver or Lift Taker, if either of parties does not reach the pre-agreed location for pickup, Bykup shall not be responsible for any loss or liability arising out of the transaction between Lift Giver and Lift Taker.

    2.5 You warrant that the information you provide to Bykup is accurate and complete. Bykup is entitled at all times to verify the information that you have provided. You may only access the Website and mobile application of Bykup by authorized means.
    2.6 Bykup shall not be liable for any loss or damage caused as a consequence of any fault or error committed by the Member / User if you do not download the correct Mobile Application or visit the appropriate mobile application.

    2.7 Bykup is not responsible for the behaviour, actions or inactions of the Lift Giver and Lift Taker and shall not be liable for any loss, damage, compensation as a consequence of any inaction or action of either. Any Contract for ride sharing is exclusively between Lift Giver and Lift Taker and Bykup is not a party to the same.

  3. ACCEPTANCE  OF CONDITIONS

    3.1 The Conditions apply to any and all usage of the Website by You. By using the Website, You signify your acceptance to these Conditions in full and agree to be bound by them.
    3.2 No access to the platform will be permitted unless the Conditions are accepted in full. You are not entitled to accept part only of the Conditions. If you do not agree to the Conditions, you shall not use the Services.
    3.3 You hereby agree to comply with the Conditions and accept that your personal data may be processed in accordance with the Privacy Policy.
    3.4 In the event that you fail to comply with any of the Conditions, Bykup reserves the right, but not the obligation at its own discretion, to withdraw the your User Account in question and suspend or withdraw all Services therein without notice.
    3.5 These Conditions are intended to create binding rights and obligations between Users and Bykup in accordance with the Indian Contract Act, 1872.

  4. VARIATION OF THE CONDITIONS, MOBILE APP, WEBSITE, OTHER APPLICATION AND SERVICES

    4.1 Bykup reserves the right to modify the Conditions at any time. In addition, Bykup may vary or amend the Services provided through the Mobile App, the Website functionality and/or the “look and feel” of the Mobile App at any time without notice and without liability to Users. Bykup may add or remove functions, features, or requirements, and may suspend or stop a Service altogether.
    4.2 Any modification to the Website, Mobile Application, Services or Conditions will take effect as soon as such changes are published on the Mobile App, subject to communication of any material change to the Conditions to the Users in an e-mail.
    4.3 Members will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the Mobile 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.

  5. ELIGIBILITY TO USE

    5.1 In order to use the Services, You must create a User Account and agree to provide any personal information requested by Bykup. In particular, you will be required to provide your first name, last name, age, title, valid telephone number and email address.

    5.2 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Mobile App by Bykup for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Mobile App. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between Bykup and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

    5.3 Bykup reserves the right to refuse access to use the Services offered at the Mobile App to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

    5.4 You shall not have more than one active Account (defined hereunder) on the Mobile App. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

  6. USER ACCOUNT, SECURITY AND ACCURACY OF INFORMATION

    6.1 In the event You register as a User by creating an Account in order to avail of the Services provided by the Mobile App, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Bykup of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Bykup cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Bykup or any other user of the Mobile App due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

    6.2 You agree and accept that all of the information you provide to Bykup when setting up your User Account and at any other time shall be true, correct, complete and accurate in all respects.
    6.3 If You provide any information that is false, misleading, untrue, inaccurate, not current, incomplete or fraudulent (or becomes untrue, inaccurate, not current or incomplete), or Bykup has reasonable grounds to suspect that such information is false, misleading, untrue, inaccurate, not current, incomplete or fraudulent, Bykup has the right to suspend or terminate Your Account and refuse any and all current or future use of the Mobile App (or any portion thereof).

    6.4 You understand that Bykup does not undertake any verification to confirm the accuracy of any information provided by the Users on the Mobile App. You hereby agree and understand that Bykup shall not be responsible for any injury, loss or damage caused to you by any such false, misleading, untrue, inaccurate, not current, incomplete or fraudulent information provided by any User.
    6.5 Unless expressly agreed by Bykup, Users are limited to one User Account. No User Account may be created on behalf of or in order to impersonate another person.
    6.6 You shall ensure that the Account Information provided by You in the Mobile App's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

  7. BOOKING RELATED INFORMATION

    7.1 Bykup offers to its Members an online booking service (hereinafter, the “Booking Service”) with a view to facilitate the booking of seats by Lift Takers.

    7.2 Bykup 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.
    7.3 Bykup reserves the right to limit the number and/or class of Members eligible to the Booking Service for any Trip.
    7.4 A Member may book a Ride-Sharing for a Trip in the manner provided hereunder:
    7.4.1 The Lift Giver provides details of his or her Trip on the Mobile App, specifying date and time for departure and destination points, the amount of the Cost Contribution for the seat and all other relevant travel conditions.
    7.4.2 The Lift Taker books his seat on the motorcycle for that Trip from the Mobile App exclusively by clicking or pressing on the relevant acceptance buttons which look similar to « Take Lift » / « Accept » / « Agree » (hereinafter, the “Booking”).
    7.4.3 Bykup will then send a notification to the Lift Giver and Lift Taker confirming the Booking (hereinafter, the “Booking Confirmation”). Once a Booking Confirmation has been sent, the Booking is complete and a separate agreement for Ride-Sharing relating to the Trip shall be formed between the Lift Giver and Lift Taker.
    7.4.4 Members accept that given the nature of the service Lift Giver and Lift Taker will have no recourse to Bykup for any aspect of the transaction including in relation to cancellation, last minute changes, failure by the Lift Giver or the Lift Taker to turn up or non-payment of the Cost Contribution.
    7.5 Bykup 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 Lift Giver and Lift Taker.
    7.6 You agree and understand that Bykup reserves the right to change any aspect of the Mobile Application or the website which may include adding new services or withdrawing any existing Services. Bykup does not guarantee that the Website will be functional at all times and Services may be suspended during such period when the Site is not in operation. Bykup will not be liable to any of the Members in case where the Website is non-operational.

     

  8. PAYMENTS

    8.1 You agree that Bykup may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website / Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.

    8.2 You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or wallet or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. Bykup expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.

    8.3 You shall be required to pay the Cost Contribution and Platform Fee by using the online payment gateway provided in the Mobile Application.
    8.4 The Cost Contribution and Platform Fee shall be notified on the Website and Mobile Application of Bykup.
    8.5 The charges for the Services shall be updated or amended from time to time at the sole discretion of Bykup and it shall be your responsibility to remain informed about the charges for the Services.
    8.7 Any payment made is non-refundable. At the end of the trip, we will facilitate for you to receive a copy of the invoice from Bykup on your registered e-mail account with Bykup.

  9. INTELLECTUAL PROPERTY RIGHTS

    9.1 Bykup is the sole owner and lawful licensee of all the rights to the website, Mobile Application or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, Mobile Application or any other digital media content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with Bykup, its affiliates, agents, authorized representatives or licensor's as the case may be.

    9.2 All rights not otherwise claimed under this Terms and Conditions or by Bykup are hereby reserved. The information contained in this Mobile Application and/or website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.

    9.3 Bykup does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this Website or Mobile Application, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.

    9.4 The Website, Mobile Application and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Bykup or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. Bykup reserves the right to change or modify the Content from time to time at its sole discretion. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Bykup and you are not permitted to use the Marks without prior consent of Bykup.

    9.5 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Bykup owns all intellectual property rights to and into the trademark "Bykup", and the Website and Mobile Application, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

    9.6 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Bykup or thirty party owner of such Content.

    9.7 Subject to your compliance with these Terms, Bykup grants you a limited non-exclusive, non-transferable license to download and install a copy of the Mobile Application on a single mobile device that you own or control and to run such copy of the Mobile Application solely for your own personal use.

    9.8 You shall not do the following:

    9.8.1 license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Mobile Application in any way;

    9.8.2 modify or make derivative works based upon the Mobile Application;

    9.8.3 create Internet "links" or "frame" or "mirror" any application on any other server or wireless or Internet-based device;

    9.8.4 reverse engineer or access the Mobile Application in order to

    A. design or build a competitive product or service,

    B. design or build a product using similar ideas, features, functions or graphics of the Mobile Application, or

    C. copy any ideas, features, functions or graphics of the Mobile Application, or

    D. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Mobile Application.

  10. DISCLAIMER OF WARRANTIES AND LIABILITIES

    10.1 THE WEBSITE, MOBILE APPLICATION, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY BYKUP ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BYKUP MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BYKUP OR THROUGH THE WEBSITE / CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

    10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BYKUP WILL HAVE NO LIABILITY RELATED TO USER CONTENT AND / OR THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. BYKUP ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.

    10.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BYKUP WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. BYKUP HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT BYKUP NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. BYKUP SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, BYKUP SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND BYKUP’S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. BYKUP IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. BYKUP ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

    10.5 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, BYKUP PROVIDES A TECHNOLOGY BASED PLATFORM AND BYKUP WILL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, WHETHER TO YOUR PERSON OR PROPERTY OR TO THE PERSON OR PROPERTY OF ANY OTHER PERSON WHOM YOU ARE INTERESTED IN THAT YOU MAY INCUR AS A CONSEQUENCE OF ANY ACCIDENT, INCIDENT, MISHAP, TRAGEDY OR TROUBLE ARISING OUT OF ANY TRANSACTION MADE ON OR THROUGH THIS WEBSITE OR MOBILE APPLICATION OF BYKUP OR INCIDENTAL THERETO.

    10.6 THAT YOU AND YOU ON BEHALF OF YOUR LEGAL HEIRS HEREBY UNDERSTAND, AGREE, DECLARE AND AFFIRM THAT, BYKUP CANNOT BE MADE A PARTY TO ANY LEGAL PROCEEDING, WHETHER CIVIL OR CRIMINAL, ARISING OUT OF ANY TRANSACTION MADE ON OR THROUGH THIS WEBSITE OR MOBILE APPLICATION OF BYKUP OR INCIDENTAL THERETO, FOR ANY DISPUTE RELATING TO INJURY, DAMAGE OR LOSS WHETHER TO YOUR PERSON OR PROPERTY OR TO THE PERSON OR PROPERTY OF ANY OTHER PERSON WHOM YOU ARE INTERESTED IN.

    10.6 THAT YOU AND YOU ON BEHALF OF YOUR LEGAL HEIRS HEREBY UNDERSTAND, AGREE, DECLARE AND AFFIRM THAT, BYKUP SHALL NOT BE LIABLE FOR ANY CRIMINAL PROSECUTION FOR ANY OFFENCE RELATING TO DEATH, GRIEVOUS HURT, HURT, THEFT, ROBBERY, DACOITY OR ANY OTHER OFFENCE DEFINED IN INDIAN PENAL CODE, 1860 OR ANY OTHER APPLICABLE LAW FOR TIME BEING IN FORCE, WHICH OCCURS AS A CONSEQUENCE OF ANY ACCIDENT, INCIDENT, MISHAP, TRAGEDY OR TROUBLE ARISING OUT OF ANY TRANSACTION MADE ON OR THROUGH THIS WEBSITE OR MOBILE APPLICATION OF BYKUP OR INCIDENTAL THERETO.

  11. INDEMNIFICATION AND LIMITATION OF LIABILITIES

    11.1 You agree to indemnify, defend and hold harmless Bykup, its subsidiaries, affiliates, agents and their respective directors, officers, employees, contractors and agents (hereinafter individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.

    11.2 Bykup may notify You of any claims which You shall be liable to indemnify Bykup against. You will then be required to consult with the  Company regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the  Company without the express prior written consent of Bykup which can be withheld or denied or conditioned by Bykup in its sole discretion.

    11.3 Notwithstanding anything to contrary in the Agreement(s), Bykup’s entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to Bykup under the relevant order to which the cause of action for the liability relates.

    11.4 Notwithstanding anything to contrary in the Agreement(s), in no event shall Bykup, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Bykup has 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 of or access to the Website, Mobile Application, Services or Content.

     

  12. TERM AND TERMINATION

    12.1 The Agreement will continue to apply until terminated by either You or Bykup as set forth below. If You want to terminate Your agreement with Bykup, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where Bykup has made this option available to You.

    12.2 You agree that Bykup may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Bykup determines that You have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to Bykup, for which monetary damages may be inadequate, and You consent to Bykup obtaining any injunctive or equitable relief that Bykup deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Bykup may have at law or in equity.

    In addition to Clause 12.2 above, Bykup may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:

    • Bykup is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
    • The provision of the Services to You by Bykup is, in Bykup’s opinion, no longer commercially viable;
    • Bykup has elected to discontinue, with or without reason, access to the Website or Mobile Application, the Services (or any part thereof); or
    • In the event Bykup faces any unexpected technical issues or problems that prevent the Website and / or Services from working.

    12.4 Bykup may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.

    12.5 You agree that all terminations shall be made in Bykup’s sole discretion and that Bykup shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website, Mobile Application and Services.

    12.6 Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Bykup chooses to terminate them. Bykup may inform the Lift Giver or Lift Taker, as the case may be,  who has accepted your request of booking or by whom you have received a request of booking on the Website or Mobile Application, that this Agreement is terminated, and upon such information the Lift Giver or Lift Taker, as the case may be, may cancel the booking request. Bykup may also cancel all Your non-fulfilled booking requests on the Website or Mobile Application without any obligation or liability towards You.

  13. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

    13.1 These Terms of Use including other policies of Bykup shall be governed by and interpreted in all respects in accordance with the laws of the Union of India.
    13.2 Any Dispute, controversy or claims by or between, Bykup and the User, hereto arising out of or relating to or in connection with terms and conditions of this Term of Use or transactions contemplated on Website or Mobile Application, or the breach, termination, validity of any term under this agreement shall be finally settled by ‘Arbitration’ in accordance with the Arbitration and Conciliation Act, 2015. There shall be a sole arbitrator, who shall be appointed by Bykup. Any arbitration proceedings or award rendered hereunder and the validity, effect and interpretation of these Terms of Use including other policies of Bykup shall be governed by and interpreted in all respects in accordance with the laws of the Union of India. The arbitration proceedings shall be conducted in Jaipur. The language of the Arbitration shall be English and the award shall be rendered in the English Language. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees.

    13.3 User agrees to pay Bykup’s reasonable attorneys' fees and costs in any legal proceeding relating to these Terms of Use, including appeals, where the respective court or forum pronounces the order in favour of the  Company.

    13.4 User must not aid or encourage the filing of any third-party claim or lawsuit against Bykup, and User must cooperate fully with Bykup and Company’s insurer in the investigation and defense of any claim or lawsuit. In any proceeding involving the User and Bykup as co-defendants should Bykup determine in its sole discretion that the User’s independent attorney has not aligned his defense similar to that of Bykup, Bykup shall be entitled to call upon the User to change his attorney to one advised by Bykup and the User shall accordingly change his attorney at his own cost.

    13.5 User must immediately notify and deliver to Bykup every summons, complaint, document, or notice of any kind received by User in any way relating to an accident, theft, or other circumstances related to Bykup.

     

  14. GENERAL PROVISIONS

    14.1 Notice: All notices with respect to these Terms of Use from Bykup will be served to You by email or by general notification on the Website. Any notice provided to Bykup pursuant to these Terms of Use should be sent to Grievance Officer at grievance@bykup.com.

    14.2 Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Bykup’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Bykup to any third parties without the requirement of seeking Your prior consent. Bykup may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Bykup shall have right to transfer Your Account and Account Information to a third party who purchases Bykup’s business as conducted under the Website.

    14.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Bykup may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.

    14.4 Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

    14.5 Principal to Principal Relationship: You and Bykup are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Bykup. As an abundant caution, it is clarified that Bykup shall not have any right to conclude any contract for sale or purchase of Products for and / or on Your behalf and both You and Bykup have entered this agreement on principal to principal basis.

    14.6 Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by Bykup is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Bykup or its third parties performing such services as sub-contractor to Bykup and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Bykup shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Bykup shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

    14.7 Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Bykup for the purpose of this Agreement shall be Mr. Yogesh Kalra with email address: grievance@bykup.com. Bykup may change the aforesaid details from time to time under intimation to You.

  15. FEEDBACK AND INFORMATION

    15.1 Any feedback You provide to this Website shall be deemed to be non-confidential. Bykup shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Bykup is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Bykup may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Bykup for the feedback under any circumstances.

    15.2 To clarify, Bykup may at its discretion, make any modifications or changes to the Website, mobile Application, Content and / or Services on the basis of such feedback, however Bykup shall not be obliged to do so. Further, in the event that Bykup makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Mobile Application, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Mobile Application, Content and / or Services, and assign to Bykup, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Mobile Application, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.