THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.
BroomBoom Transportation Services Private Limited (BTSPL) provides technology-based services for booking two-wheelers (“Vehicle”) to you (“You” or “Users”) and you agree to obtain certain Services (defined hereinafter) offered by third-party drivers or vehicle operators (“PILOTS”) by means of the Company’s website and the mobile application “BroomBoom Cabs” (“Platform”). All the Services provided by the Company to you would be by means of your use of the Platform. These Terms of Use shall govern the relationship between you (the customer) and the Company in the course of the provision of the Services. These terms of use (“Terms of Use”) mandate the terms on which users using the Services will be governed.
1. SERVICES
The Platform provides the following services (“Services”) to You:
It allows you to pick up and drop off packages from one location to the other through the pilots (“Package Services”).
It allows you to avail of transportation services provided by the Pilots on our Platform (“Transportation Services”).
2. GENERAL TERMS OF USE
You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18 years), to obtain an account. The Service is not available for use by persons under the age of 18 years. You shall not authorize third parties to use your account. You shall not allow persons under the age of 18 years to receive transportation or logistics services from the Pilots. If the Company becomes aware or, it acquires credible knowledge that You have misled us regarding your age, then the Company reserves its rights to deactivate the account and You will not be liable to raise any claims from the Company. The Company shall take your booking request and forward it to the Pilot through an app-based device operating on GPS-GPRS based device available with the Pilot. The Company may monitor and record calls made to the Pilots, for the purpose of training and improving customer care services, including complaints. The Pilot shall have the sole discretion to accept or reject each request for the Service. If the Pilot accepts the booking request made by the Company, a notification will be sent to you with the information regarding the Pilot including its name, contact number, etc. If the Pilot after accepting the booking request declines/cancels it or did not arrive at the location of the user then a penalty will be charged to the Pilot. The Company shall make reasonable efforts to bring you in contact with the Pilot in order to obtain the Service subject to the availability of the Pilot in or around your location at the time of your booking request made to the Company. For the avoidance of doubt, it is clarified that the Company itself does not provide the Services. It is the Pilot who shall render the Services to you. Even after acceptance of the booking, the Pilot may not reach your pick-up location or decide not to render his services. in which event the Company shall not be held liable but the company will charge a penalty amount from the pilot. If the user declines the booking accepted by the Pilot then a penalty will be deducted from the user and the company is not liable for it. You warrant that the information you provide to the Company is accurate and complete. The Company is entitled at all times to verify the information that you have provided. You may only access the Services using authorized means. The Company shall not be liable if you do not download the correct Platform or visit the appropriate web portal. The Company reserves the right to discontinue or introduce any of the modes of booking Vehicles and/or for providing Package Services. You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation and will comply with all applicable laws of the Republic of India. You will treat the Pilot with respect and not cause damage to their Vehicle or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst using their Vehicle; You will not close the audio and visual safety features like camera and microphone features enabled by the company for your safety during the ride. If you deny the camera and microphone permission features then the company will not take any type of responsibility for your safety. You will be solely responsible for your safety throughout the ride and in case any incident happens with you, you will not be able to file any complaints or cases against the company as you yourself switched off/ denied permission for the camera and microphone safety features given to you by the company throughout the ride. The Company is not responsible for the behavior, actions, or inactions of drivers of Vehicles, Pilots, or the quality of the Vehicle which you may use. Any contract for the provision of Vehicle for the Services is exclusively between you and the Pilot and the Company is not a party to the same. You must wear masks, helmets and should follow all the traffic rules and regulations throughout the ride. In case if you do not follow and maintain the laws and rules you will be charged a fine by any government authority then the company is not responsible for it and even for your safety if you do not follow the rules laws and regulations then for any events or incidents company is not responsible for it. You are not allowed to consume any liquor or harmful addictive liquids or drugs or any illegal consumption throughout the ride. If you are caught doing any such activities then the company is not responsible for it and even if the company wants it can take legal steps or provide evidence to the courts or laws(if asked by any law authority) against you. The company is not responsible/involved in any incidents that disturb or hampers the laws, rules, and regulations of the country/state. These things will not be entertained by the Company. You agree that You shall not request Package Services for Items that are illegal, hazardous, dangerous, or otherwise restricted or constitute Items that are prohibited by any statute or law, regulation, or the provisions of this Terms of Use. You also agree that you shall not request for dispatch of the item(s) which require a special transportation permit or require any special license under applicable law. The Company does not check or verify the packages that are being picked up and dropped off on behalf of You or the Items that are being delivered to You by the Pilot, and therefore the Company shall have no liability with respect to the same. However, if it comes to the knowledge of the Company that You have packaged any illegal or dangerous substance or availed the Package Services using the Platform to deliver any illegal or dangerous substance, the Company shall have the right to report You to the government authorities and take other appropriate legal actions against You. You agree that before requesting a Package Service, You are well aware of the contents of the package sent or requested by You through a registered Pilot and that such contents are legal and within the limits of transportation under any applicable laws. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws). You also agree that, upon becoming aware of the commission of any offense by You or Your intention to commit any offense upon initiating a Package Service or during a Package Service of any Item(s) restricted under applicable law, the Pilot may report such information to Company or to the law enforcement authorities. You also agree that any payment for the products/goods ordered by you in respect of the Delivery Services shall be at your own risk and the payment shall be settled directly between you and the Pilots. BroomBoom Cabs does not assume any responsibility or liability whatsoever for any damage/deficiency or loss of the products/goods. The Delivery Services are provided to You directly by the Pilot and BroomBoom Cabs merely acts as a technology platform to facilitate delivery initiated on the Platform and BroomBoom Cabs does not assume any responsibility or liability for any form of deficiency of services on the part of the Pilot. You agree that you will be solely responsible for the packages handed over to the Pilot and shall be prudent not to hand over expensive items to the Pilot. You will be solely responsible for any loss or damage to the goods, in case of any theft or any other incidents to the packages by the Pilot. You can initiate a transaction on the Platform by which You may (through the help of a Pilot) send packages at a particular location. The Package Services are provided to You directly by the Pilot and BroomBoom Cabs merely acts as a technology platform to facilitate transactions initiated on the Platform and BroomBoom Cabs does not assume any responsibility or liability for any form of deficiency of services on the part of the Pilot. By using the Platform of the Company, you further agree that: You will download the Application for your sole, personal use and will not resell it to a third party; You will not authorize others to use your account; You will not assign or otherwise transfer your account to any other person or legal entity; You will not use the Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes; You will not use the Application to cause nuisance, annoyance, or inconvenience; You will not impair the proper operation of the network; You will not try to harm the Application in any way whatsoever; You will not copy, or distribute the Application or other Company Content without written permission from the Company; You will keep secure and confidential your account password or any identification that the Company may provide you which allows access to the Application; You will provide the Company with whatever proof of identity we may request; In order for us to facilitate UPI payments, we are required to conduct a bank account validation and Virtual Payment Address (“VPA”) validation. We conduct these validations through a third-party service provider. You will only use an access point or at least a 3G data account (AP) that you are authorized to use; You will not use the Application with an incompatible or unauthorized device; If within 24 hours a user creates more than one account on the same device, BroomBoom Cabs has the right to terminate his/her account; The Company reserves the right to immediately terminate your use of the Application should you not comply with any of the rules provided in the Terms of Use.
3. PAYMENT FOR SERVICES
You shall be required to pay charges for the Services used by you either by using the online payment gateway provided in the Platform or by paying cash to the Pilots. The Company collects the charges for the Services on behalf of the Pilots after obtaining authorization from the Pilots and the payment is remitted to the Pilot’s bank account registered with the Company. In case the online payment of the user fails, the user has to pay in cash and the pilot is bound to give the fare collected in cash to the company within 72hrs. If the pilot does not clear the fare amount collected in cash to the company, the penalty will be charged against him and after 7 days the penalty amount will be increased still, if the pilot did not clear the amount legal actions will be taken by the company against such events. In respect of the Delivery Services, you will be required to settle the payments incurred towards the goods/products purchased from the merchants directly with the Pilots. You agree and acknowledge that BroomBoom Cabs is not in any way responsible for the settlement between you and the Pilot. The rates of the Services shall be notified on the website and mobile application of the Company. The charges for the Services shall be updated or amended from time to time at the sole discretion of the Company and it shall be your responsibility to remain informed about the charges for the Services. You agree that you will pay for all Services you purchase from the Pilot either by way of online payment or by cash. In the event the payment cannot be accepted through online payment or any other mode, you shall be required to pay the charges for the Services availed by way of cash. 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 the Company on your registered e-mail account with the Company. You shall pay the service fees for availing of the Package Services and/or the Delivery Services at the end of the completion of such services, as may be displayed to You on the Platform. You cannot initiate another Package Service and/or Delivery Service until You have paid for the previously completed Package Services and/or the Delivery Services. It is clarified that the term “Trip” includes a trip for the transportation of a passenger by the Pilot.
You need to maintain minimum wallet balance due to certain security purpose in your account to accept further trips. This rechargable wallet balance is non refundable.
4. LIABILITY
The Company will reasonably keep the website and the application and its contents correct and up to date but does not guarantee that the website and/or application are free of errors, defects, malware, and viruses or that the website and/or application are correct, up to date and accurate. The Company shall not be liable for any damage arising from the same.
The Company will reasonably keep the website and the application and its contents correct and up to date but does not guarantee that the website and/or application are free of errors, defects, malware and viruses or that the website and/or application are correct, up to date and accurate. The Company shall not be liable for any damage arising from the same.
The Company shall further not be liable for damages resulting from the use of or the inability to use the website or the application, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
The quality of the Services requested through the use of the Platform is entirely the responsibility of the Pilot who ultimately provides such Services to you and the Company is not liable for the same. However, any complaints about the Services provided by the Pilot should be submitted to the Company by email as notified from time to time.
5. INTELLECTUAL PROPERTY RIGHTS
The Company is the sole owner and lawful licensee of all the rights to the website, Platform, or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. The website, Platform, or any other digital media content embodies 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 the Company, its affiliates, agents, authorized representatives, or licensors as the case may be. All rights not otherwise claimed under this Terms of Use or by the Company are hereby reserved. The information contained in this Platform and/or website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. The Company 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 Platform, 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. All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks, and other proprietary rights laws. The unauthorized copying, modification, use, or publication of these marks is strictly prohibited. All the contents on this website and/or Platform are copyright of the Company except the third-party content and link to third-party websites on our website and/or Platform. Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Platform on a single mobile device that you own or control and to run such copy of the Platform solely for your own personal use. You shall not do the following: license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Platform in any way; modify or make derivative works based on the Platform; create Internet “links” or “frame” or “mirror” any application on any other server or wireless or Internet-based device. Reverse engineer or access the Platform in order to: design or build a competitive product or service, design or build a product using similar ideas, features, functions, or graphics of the Platform, or copy any ideas, features, functions, or graphics of the Platform, or 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 Platform.
6. THIRD-PARTY LINKS
During the use of the website or the application, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, and participate in promotions of third parties. These links take you off the website, and the application and are beyond the Company’s control. During the use of the website and the application, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party Pilots, advertisers, or sponsors showing their goods and/or services through a link on the website or through the application or Service. These links take you off the website, the application, and the Service and are beyond the Company’s control. You, therefore, visit or access these websites entirely at your own risk. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.
7. TERM AND TERMINATION
The contract between the Company and you is concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of the Platform installed on your mobile device, tablet, or any electronic device capable of using the Platform thus disabling the use by you of the Platform and the Service. The Company is entitled to terminate the contract at all times and with immediate effect (by disabling your use of the application and the Service) if you: (a) violate or breach any term of these Auto Terms of Use, or (b) in the opinion of the Company, misuse of the Platform or the Service. The Company is not obliged to give notice of the termination of the contract in advance. After termination, the Company will give notice thereof in accordance with these Auto Terms of Use. Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God, and similar occurrences. The company is free to take any actions and it is not answerable to anyone.
If a Pilot Misbehaves, Harass or is involved in any spamming or unethical activities that violates the company rules, regulations and code of conduct, then the Company has the right to take proper Actions against him and the company has the right to ban his registered profile or ID temporarily or permanently.
8. INDEMNITY
You will indemnify and hold the Company harmless, from any and all claims, losses, liabilities, damages, expenses, and costs (including attorneys’ fees and court costs) which result from a breach or alleged breach of these Terms of Use by you.
9. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Auto Terms of Use shall be governed by and interpreted in all respects in accordance with the laws of the Republic of India. Subject to the provisions made in Clause 10.3, the Parties hereby submit to the exclusive jurisdiction of the courts of Chinsurah, India. All disputes arising out of or in relation to these Auto Terms of Use shall be settled amicably by the Parties. In the event no amicable settlement is arrived at within a period of fifteen (15) days from the date of the first initiation of the dispute by one Party to the other, the Parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by you and the Company. The arbitration proceedings shall be conducted in English language only and the seat for arbitration shall be Chinsurah, India. The award of the arbitral tribunal shall be final and binding.
10. ASSIGNMENT
You may not assign your rights under these Terms of Use without prior written approval of the Company.
11. AMENDMENT
These Auto Terms of Use may be amended from time to time and as and when required, at the discretion of the Company.
12. SEVERABILITY
If any provision or any part of a provision of these Terms of Use is invalid, unenforceable, or prohibited by applicable laws of the Republic of India, such provision or part of a provision shall be severed from these Terms of Use and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall be inoperative and shall not be part of the consideration moving between you and the Company hereto and the remainder of these Terms of Use shall be valid and binding and of like effect as though such provision was not included herein.
13. NOTICES
The Company may give notice by means of a general notice on the Application, or by electronic mail to your email address on record in the Company’s account information, or by written communication sent by regular mail to your address on record in BTSPL Company’s account information.
14. CANCELLATION & REFUND POLICIES
If you feel that you were charged a cancellation fee incorrectly, you can request a Cancellation Fee Waiver, based on your ride case study, the company will decide whether your request will be approved or not.
A cancellation fee is charged to compensate drivers for the time, effort, and fuel spent while trying to reach the pickup location and waiting for the customer.
You may be charged a cancellation fee if any one of the following occurs:
(a) a trip is canceled after 3 (three) minutes or later from the time of acceptance of any rides/pre Schedule rides by the driver
(b) a driver cancels the booking after waiting at your pickup location for 5 minutes or more in any rides.
However, in fully confirmed pre Schedule rides or real time based confirmed rides, 100% cancellation charges are applied on the full amount. No refund or return gets initiated in fully confirmed rides.
• If Ride does not get started within 30 minutes from pickup time after the arrival of the pilot at the pickup location, cancellation charges are imposed on those rides.
The cancellation fee amount may vary depending on your city, and the vehicle category selected.
A cancellation fee, if charged, will be added to the total bill amount of your next or current ongoing BroomBoom rides.
• In certain scenarios, booking once placed and after the ride Confirmation, no advance or mistaken amount gets refunded back, even cancellation and penalty charges will be imposed if anyone finds guilty in doing any unethical activities
In case of Booking Cancellation, If the Pilot is in the Mid way or at the Airport/Station, at that moment if the User Cancels the Ride due to any Unfavourable Circumstances, then based on app algorithm, the Pilot will get Cancellation charges in their wallet as per app algorithm.
If a Pilot Cancels a Booking then Penalty charges will be imposed automatically as per app algorithm.