Terms nd Conditions

TERMS OF USE

Posted as of 24th January 2024
Last updated as of 24th January 2024

This legal agreement is an electronic record in terms of the Information Technology Act, 2000 rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access and usage of any functional application.
This Application is created and operated by SHREE BALAJI ENTERPRISE (hereinafter referred to as “We”, “Our”, and “Us”) and operating under the brand name “_Bhadesavari_” (“Brand name”). We intend to ensure your steady commitment to the usage of this application and the services provided by us through our application “_Bhadesavari Partners_” (“Application”)
For the purpose of these Terms of Use (“Terms of Use”), the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Application. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be users of this application provided by us and who is competent to enter into binding contracts, as per Indian laws. “Third Parties” refer to any application, platform or individual apart from the Users and the creator of this Application.

GENERAL TERMS

The section headings in these Terms of Use serve the purpose of organizing the provisions for clarity and interpretation. It is understood that these headings do not hold legal or contractual significance in your use of the application.
Your usage of this application is governed solely by these Terms of Use, the Privacy Policy uploaded on the application, and any modifications or amendments made by us at our sole discretion. By continuing to access and use this application, you agree to comply with and be bound by the Terms of Use and Privacy Policy.
It is expressly acknowledged that these Terms of Use and Privacy Policy are interdependent, and the expiration or termination of one will result in the termination of the other. You explicitly understand that these documents constitute a legally binding agreement between us, and your use of the application is subject to the rules, guidelines, policies, terms, and conditions outlined therein.
You agree that no signature or express act is required for these Terms of Use and the Privacy Policy to be binding on you. Your act of visiting any part of the application signifies your full and final acceptance of these terms.
We reserve the exclusive right to amend or modify these Terms of Use without prior notice. You expressly agree that such amendments or modifications shall take immediate effect. If you do not agree with the changes, you must cease using the application. Your continued use of the application will indicate your acceptance of the revised terms.

REGISTRATION

The application offers the convenience of registering by submitting a request on the platform, requiring basic information such as your Name, Phone number, email id, Postal code, and city. To ensure the authenticity of users in the community and mitigate frauds and scams, the application may also request additional information, including your License number and Aadhar number.

BOOKINGS

Bookings through the application can be made with a maximum lead time of – months and a minimum notice period of – hours before the trip's scheduled commencement date, subject to the availability of the required resources. Upon booking, users will be required to make an initial deposit of Rs –. The deposit amount will be calculated based on the selected services hired by the customer.
Prior to concluding the trip, users are required to make the full and final payment. The driver retains the right to request any outstanding balance at any point during the journey, depending on the user's preferred payment method. Alternatively, the final payment can be settled in cash directly with the driver just before departure.
Users have the option to modify booking details such as the date of arrival or departure. In such cases, we will make every effort to accommodate these modifications within the existing booking. However, if necessary, the current booking will be canceled, and a new booking will be created. The applicable refund and cancellation policy shall then come into effect for the new booking.

ELIGIBILITY

You represent and warrant that you are competent, eligible to enter into legally binding agreements, and of the required age as per the law. Furthermore, you affirm that you possess the necessary authority to bind yourself to these Terms of Use. If you are a minor using this Application, you may do so with the consent of your legal guardian. All actions performed by a minor shall be considered as undertaken under the supervision of their legal guardian.
You additionally affirm your commitment to adhere to these Terms of Use and all relevant local, state, national, and international laws, rules, and regulations.
You are prohibited from using the Application if you lack the competence to enter into a contract or if you are disqualified from doing so by any other applicable law, rule, or regulation currently in force

PAYMENT GATEWAY

For all payments related to purchases on the Application, you will need to make payments through a third-party payment gateway with which we may have an agreement. The payment gateway may request additional information from you to process the payment for your purchase and may also impose applicable payment gateway charges. Payment options through the gateway include Debit Card, Credit Card, Net Banking, UPI, and other wallet options. Your payment-related aspects will be subject to the Terms and Conditions as well as other policies of the respective payment gateway.

CONTENT

All content, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork (collectively referred to as 'Content'), is generated or provided based on information provided by users or third parties. We have no control over and make no guarantees regarding the quality, accuracy, integrity, or genuineness of such content or other information provided on the Application.
All the content displayed on the Application is subject to copyright and must not be reused by you or any third party without prior written consent from us and the copyright owner.
You bear sole responsibility for the integrity, authenticity, quality, and genuineness of the content provided on the Application. While feedback and comments can be submitted by you through the Application, we assume no liability for any feedback or comments made by other users or concerning any content on the Application. Furthermore, the Application reserves the right to suspend the account of any user for an indefinite period, as determined at the discretion of the Application, or to terminate the account of any user found to have created, shared, or submitted content, or part thereof, that is deemed to be untrue, inaccurate, misleading, or offensive/vulgar. You are solely responsible for remedying any financial or legal losses incurred through the creation, sharing, or submission of content or part thereof that is deemed to be untrue, inaccurate, or misleading.
You are granted a personal, non-exclusive, non-transferable, revocable, and limited privilege to access the content on the Application. Any copying, adaptation, or modification of the content is strictly prohibited without obtaining written permission from us.

INDEMNITY

You agree to indemnify, defend, and hold harmless us, and our respective directors, officers, employees, and agents (collectively referred to as "Parties"), from and against any losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us. This indemnification pertains to any losses arising from a breach or non-performance of any representation, warranty, covenant, or agreement made, or obligation to be performed, according to these Terms of Use. Additionally, you agree to hold us harmless against any claims made by any third party due to, arising out of, or in connection with:

Your use of the Application,
Your violation of these Terms of Use;
Your violation of any rights of another;
Your alleged improper conduct according to these Terms of use;
Your conduct in connection with the Application;

You agree to fully cooperate in indemnifying us at your expense. Furthermore, you agree not to settle with any party without obtaining prior consent from us.
Under no circumstances shall we be liable to compensate you or any third party for any special, incidental, indirect, consequential, or punitive damages, including those resulting from the loss of use, data, or profits, whether foreseeable or not, and whether you have been advised of the possibility of such damages. This applies to any theory of liability, including breach of contract or warranty, negligence, or other tortious actions, or any other claim arising out of or in connection with your use of or access to the Application and/or the Services or materials contained therein.

LIMITATION OF LIABILITY

We are not responsible for any consequences arising out of the following events:

If the Application is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
If you have fed incorrect information or data or for any deletion of data;
If there is an undue delay or inability to communicate through email;
If there is any deficiency or defect in the Services managed by Us;
If there is a failure in the functioning of any other service provided by Us.

The Application disclaims any liability for errors or omissions, whether on its own behalf or for any damage caused to you, your belongings, or any third party due to the use or misuse of the Application or any service obtained through it. The service, along with any content or material displayed, is provided without any guarantees, conditions, or warranties regarding its accuracy, suitability, completeness, or reliability. We shall not be held liable to you for any unavailability or failure of the Application.
You must comply with all applicable laws related to your activities and adhere to all Policies, which are hereby incorporated into this Terms of Use by reference.
The Application explicitly disclaims any liability for any loss or damage that was not reasonably foreseeable by the Application and incurred by you in connection with the Application. This includes loss of profits and any damage resulting from your breach of these Terms of Use.
To the fullest extent permitted by law, we shall not be liable to you or any other party for any loss or damage, irrespective of the form of action or the basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Application.

TERM

These Terms of Use will remain a valid and binding contract between us, staying in full force and effect as long as you continue to access and use the Applications. You retain the right to terminate your use of the Application at any time.
We reserve the right to terminate these Terms of Use, close your account, and suspend or terminate your access to the Application at any time and for any reason, especially in the case of any discrepancies or legal issues.
Such suspension or termination shall not limit our right to take any other appropriate action against you.
It is also explicitly stated that we may discontinue the Services and Applications without any prior notice.

TERMINATION

We reserve the right, at our sole discretion, to unilaterally terminate your access to the Application, or any portion thereof, at any time, without notice or cause.
We also retain the universal right to deny access to you, to any or all parts of our Application without any prior notice or explanation, to safeguard the interests of the Application and/or other users of the Application.
We reserve the right to limit, deny, or create different access levels to the Application and its features for different users, or to modify any features or introduce new features without prior notice.
You shall continue to be bound by these Terms of Use, and it is expressly agreed by you that you shall not have the right to terminate these Terms of Use until their expiration.

COMMUNICATION

By using this Application and providing your identity and contact information to us through the Application, you agree and consent to receive calls, emails, or SMS from us and/or any of our representatives at any time.
If you find any discrepancies regarding the Application or content-related information, you can report it to "Bhadesavari at +91-8866699844". We will take necessary action after conducting an investigation, and the response with resolution (if any issues are found) will be dependent on the time taken for the investigation.
You expressly agree that, notwithstanding anything contained herein above, you may be contacted by us relating to any services availed by you on the Application or anything pursuant thereto, and you agree to indemnify us from any harassment claims. It is expressly agreed by us that any information shared by you shall be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

You agree and acknowledges that you are a restricted user of this Application and you:

a. Agree to provide genuine credentials during the process whenever required on the Application. Using a fictitious identity to register is not allowed, and we are not liable for any incorrect information provided.

b. Agree to ensure that the Name, Email address, Address, Mobile number, and any other information provided during account registration are valid at all times. You shall keep your information accurate and up-to-date.

c. Agree that the User shall be entirely responsible for all activities undertaken post making the booking with the service provider/vendor. This includes but is not limited to vehicle accidents, smuggling, trafficking, or any illegal or prohibited activities. The user shall waive all rights to undertake any action against us for any breach of personally identifiable information.

d. You agree that you are solely responsible for maintaining the confidentiality of your account password. Prompt notification of any unauthorized use of your account is required. We reserve the right to close your account at any time for any or no reason.

e. The User represents and warrants that they shall exclude any liability and hold the company harmless for any legal action arising from the user’s activities, including the use of vendor services under the influence of drugs, alcohol, or for smuggling, trafficking, etc. This may or may not involve prohibited substances and commodities. This includes any legal action against the company under the provisions of the Indian penal code.

f. The User further represents and warrants that negotiations and discussions between the user and the vendor shall be at their sole discretion, and the Company shall in no manner be made a party to such discussions involving the vendor’s services to the user. Such discussions and negotiations may include but are not limited to payment and payment terms.

g. The User represents and warrants that the company shall have limited liability to provide the user with basic acknowledgment of the condition of the vehicle provided by the vendor. However, the Vendor shall be solely responsible for the quality and condition of the vehicle provided to the user, and the user shall not bring any legal action against the company.

h. The user represents and warrants that the company may offer additional accidental insurance packages from third parties, which may benefit the user. However, the Company does not guarantee the availability of such packages at any time.

i. Authorize the Application to use, store, or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews, and ratings for personalization of Services, marketing and promotional purposes, and for the optimization of User-related options and Services.

j. Understand and agree that, to the fullest extent permissible by law, the Application or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers, or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Application or these terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special, or punitive damages.

k. Agree not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish, or create derivative works from, transfer, or sell any information obtained from the Application. Any such use/limited use of the Application will only be allowed with the prior express written permission.

l. Agree not to access (or attempt to access) the Application and/or the materials or Services by any means other than through the interface provided by the Application. The use of deep-link, robot, spider, or other automatic devices, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Application or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials, or any content, or to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Application will lead to the suspension or termination of your access to the Application. We disclaim any liabilities arising concerning such offensive content on the Application.

m. Expressly agree and acknowledge that the Content generated by the Users and displayed on the Application is not owned by Us, and We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Application, at our sole discretion.

a. Engage in any activity that interferes with or disrupts access to the Application or the services provided therein (or the servers and networks which are connected to the Application);

b. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;

c. Probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Application, or any other viewer of the Application, including any User account maintained on the Application not operated/managed by the User, or exploit the Application or information made available or offered by or through the Application, in any manner;

d. Disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Application or any affiliated or linked Applications.

e. Use the Application or any material or content therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Application or any other third party(s);

f. Violate any code of conduct or guideline which may apply for or to any particular service offered on the Application;

g. Violate any applicable laws, rules or regulations currently in force within or outside India;

h. Violate any portion of these Terms of Use or the Privacy Policy, including but not limited to any applicable additional terms of the Application contained herein or elsewhere, whether made by amendment, modification, or otherwise;

i. Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Application;

j. You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involving personal injury and theft/infringement of intellectual property. You further understand that the Application might be directed to disclose any information (including the identity of persons providing information or materials on the Application) as necessary to satisfy any judicial Order, law, regulation, or valid governmental request.

k. By indicating Your acceptance to use any services offered on the Application, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.

l. You agree to use the services provided by Us, our affiliates, consultants, and contracted companies, for lawful purposes only.

m. You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the registration and debar You from using the Application without prior intimation whatsoever.

n. You agree not to post any material on the Application that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:

Involves material that belongs to another person and to which you have no right;
Contains content that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, related to or encouraging money laundering or gambling, or is otherwise unlawful in any manner;
Is in any way harmful to minors;
Infringes any patent, trademark, copyright, or other proprietary rights;
Violates any current law;
Deceives or misleads the recipient about the origin of such messages or communicates any information that is grossly offensive or menacing;
Abuses, harasses, threatens, defames, disillusion, erodes, abrogates, demeans, or otherwise violates the legal rights of others;
Impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
Publishes, posts, or disseminates any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, related to or encouraging money laundering or gambling, or otherwise unlawful content;
Unlawfully threatens or harasses, including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, public order, or causes incitement to the commission of any cognizable offense, or prevents the investigation of any offense, or is insulting to any other nation.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, we reserve the right to, at our sole discretion, curtail your access and/or activity by promptly revoking your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Application, and/or deny your usage of the Application, without being obliged to provide you with notice or cause, under the following circumstances:

In the event of your breach of any of these Terms of Use or the Privacy Policy;
If you have furnished false, inaccurate, incomplete, or incorrect information;
If, in our judgment, your actions may cause any harm, damage, or loss to other Users or us.

INTELLECTUAL PROPERTY RIGHTS

Without express written agreement, nothing in this document grants you the right to use trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features found on the application. All logos, trademarks, brand names, service marks, domain names, materials, designs, and graphics on the application are the property of the application or the respective copyright or trademark owners. We are the exclusive owner of all designs, graphics, and related elements concerning the application.
The intellectual property displayed on the application cannot be used in a manner likely to cause confusion among users or disparage the application, as determined solely by us.
You acknowledge that all intellectual property, including copyrights, related to the services, resides with the owners. The application merely provides a platform for communication and does not own intellectual property related to independent content displayed, except for created graphics and specified content.
Any reproduction or infringement of intellectual property may lead to legal action initiated by the respective owners. This section's contents will survive even after termination or expiry of these Terms of Use and/or Privacy Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

a. You acknowledge and agree that you are accessing the Application at your sole risk and exercising the best and prudent judgment before utilizing any features on the Application or accessing/using any information displayed.

b. You understand that any information, resources, activities, or recommendations obtained/availed from the Application, whether written or oral, do not create any warranty, and we disclaim all liabilities resulting from them.

c. We do not guarantee that the features and content within the Application will be uninterrupted or error-free, or that the Application or its server will be free of viruses or other harmful components. You expressly accept any associated risks involved in your use of the Application.

d. It is further agreed that the contents of this section shall endure even after the termination or expiry of the Terms of Use and/or Privacy Policy.

FORCE MAJEURE

We shall not be liable for damages arising from any delay or failure to perform our obligations hereunder if such delay or failure is beyond our control, without fault or negligence, and is due to Force Majeure events. These events include, but are not limited to, acts of war, acts of God, earthquakes, riots, fires, festive activities, sabotage, labor shortages or disputes, internet interruptions, technical failures, breakage of sea cables, hacking, piracy, cheating, illegal or unauthorized activities.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed by you that the formation, interpretation, and performance of these Terms of Use, and any disputes arising therefrom, shall be resolved through arbitration. This agreement shall survive the termination or expiry of the Terms of Use and/or Privacy Policy.
Arbitration:If the Parties are unable to amicably resolve a dispute, the matter will be referred to arbitration by a sole arbitrator appointed by us. The award passed by the arbitrator will be valid and binding on all parties. All costs of the arbitration shall be borne in accordance with the arbitrator's award. The arbitration shall be conducted in English, with the seat of arbitration in the city of Rajkot, Gujarat, India.
You expressly agree that the Terms of Use, Privacy Policy, and any other agreements between the Parties are governed by the laws, rules, and regulations of India.

DISPUTE RESOLUTION AND JURISDICTION

Entire Agreement: These Terms of Use, along with the Privacy Policy, constitute the comprehensive and definitive agreement between us concerning the subject matter herein and override all other communications, representations, and agreements (whether oral, written, or otherwise) related thereto.
Waiver: The failure to enforce any provision of these Terms of Use at any time shall not affect our right to enforce it later. No waiver by us of any breach of these Terms of Use, whether through conduct or otherwise, in one or more instances, shall be considered a further or continuing waiver of such breach or a waiver of any other breach of these Terms of Use.
Severability: If any provision or clause of these Terms of Use is deemed invalid, illegal, or unenforceable by any court or competent authority, it shall not affect the validity, legality, and enforceability of the remaining provisions or clauses. In such a case, these Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability while preserving the original rights, intentions, and commercial expectations of the Parties as expressed herein.
Contact Us: If you have any questions about these Terms of Use, the practices of the application, or your experience, feel free to contact us by emailing at bhadesavari@gmail.com