User Terms and Conditions
M/s Watts and Volts Mobility Private Limited (hereinafter
“Company”), a company incorporated under the provisions of the
Companies Act, 2013 (hereinafter “Us”, “We”, “Our” “bud-e” or
“Company”, which expression includes its successors or assigns) is
the owner of the web platform, i.e. www.bud-e.in.; the mobile
Application under the name and style “bud-e App” and provides to its
users, visitors and third parties various options vide ELECTRIC TWO WHEELER
RENTAL SERVICES on the platforms owned and run by the company.
1.DEFINITIONS
between the company and the Ticketing Partner (User) pursuant to which the
Ticketing Partner has agreed to undertake Ticketing Services;
accessed and used by Authorized Users to avail the Services through
the Authorized Devices.
mobiles, tablets, and other devices that are compatible and
permitted by the Agreement for accessing Services via the App
presently accessible to the general public and/or any such
apparatus/gadgets which may be invented/discovered in the future and
which are made compatible for accessing and use of the content
provided by the company to its authorized users or to any other
persons based on terms and conditions.
box against the words “I Accept” provided at the end of these User
T&C, by which action, you unequivocally accept the User T&C and any
modifications thereof;
ordinance, rule, regulation, guideline, policy or other
pronouncement having the effect of law in India, as in effect or
which may come in effect on a future date;
the services of the Company via App or website.
the App that contain Your Account Information as provided by you and
any and all such details which are provide by you to the Company.
Government, authorizing the person specified therein to drive a
motor vehicle.
that are used to render service to the user.
availing the services of the Company.
2. TERMS AND CONDITIONS OF SERVICE; CONSENTS:
for any Users of Website, App, and/or the Services rendered by the
company. Please note that all the terms and conditions, the privacy
policy, the legal disclaimers and/or any other
terms/policies/notes/disclaimers shall be read as a part and parcel
of the present Terms of Service and shall be collectively referred
to as Agreement.
are required to create a Profile and provide Us with the requested
Account Information. You shall provide true, accurate, current and
complete information when creating Your Profile, including the
accurate depiction of your name, age and other mandatory details.
Upon creating the Profile, You may use the Services subject to fully
agreeing and abiding with the Agreement.
other data collected by the company is subject to the company’s
Privacy Policy, which you have read and accept/agree to the same as
a part of the present agreement. In order to render the Services
effectively, the company may collect information such as language,
location, contact details, address, time zone where the Services are
used, and use these to provide pick up and drop location
recommendations, in accordance with this Agreement.
a process of mandatory KYC approval to register.
made through the Website or App and the bookings shall be made
solely by the User only. The User shall not make booking on behalf
of another person or body corporate.
designated parking places of the company or any other parking places
specified by the Company. In case of LTR,vehicles will be delivered
at the user’s doorstep as agreed by both parties within 30 minutes from booking time.
Government Authorized Identity card to the authorized person
designated by the company for verification.
The vehicle of the Company is not designed for two people. Hence,
The User shall not carry a pillion rider. In the event of any User
riding with a pillion rider, an amount of INR 200/- shall be imposed
on him/her for violation of terms and conditions.
Company only. The User is not authorized to use any other lock
mechanism to lock the vehicle.
the User to inspect the vehicle and inform regarding any damage to
the Company before taking the possession of the vehicle. The Company
is not responsible for any damage reported after taking the
possession of the vehicle.
the User takes the possession of the vehicle.
the company or any other parking places specified by the Company.
upload the same on the bud-e app for damage confirmation. It is the
responsibility of the User to return the vehicle in the same
condition as it was received.
to pay the Challan amount levied by the Traffic Police Department
for any violation of traffic rules during the time of the booking
period of the User.
Devices to disclose the current location in the BUD-E app to locate
the Pick-up and Drop location of the vehicles booked by the User.
with full charge at the time of the booking. Further, in an event of
lack of charge in the vehicle, the User shall report the same
through bud-e App.
any belongings of the User. However, if the User claims to have left back
any of their belongings in a vehicle after completing of the
booking, the Company shall endeavour to relocate the lost belongings
on a “best-effort” basis subject to the circumstance.
Vehicle failure/ breakdown, the User shall report immediately via the
bud-e app along with the location and kind of damage. In an event of
Vehicle failure/ breakdown, the Company shall make arrangements for
replacing the vehicle or send a mechanic to resolve the problem.
However, the timeline for replacement of the vehicle will be depending
on the location of the User.
the Vehicle. The User shall report the same via BUD-E app and
further upload pictures of the Vehicle in the BUD-E app. The Company
shall quantify the damages at the earliest possible. The User agrees
that he/she is liable to pay the amount for damages quantified by
the Company. Further, the User shall bear the expenses of towing of
the Vehicle.
concerned Police authority or Court or any other authority in
relation to the accident and/or concerned with Vehicle while it is
under the possession of the User, the same shall be intimated to the
Company at the earliest of such incident. Thereafter, the User shall
also the report the accident by describing the entire events in
detail in writing to the Company.
arising then the vehicle is in the possession of the User, such User
must file a Police Complaint in respective Police Station and
further fill the Company incident report form. Further, the User
shall provide the following details:
the driver is not the Owner of the vehicle).
of investigation of the incident. The User’s account may be
suspended until the investigation and recovery of damages is
completed.
3. INTELLECTUAL PROPERTY UNDERTAKINGS
relevant intellectual property right laws, treaties and conventions,
including rights arising for Trademark, Copyright, Patents, Designs,
Trade-Secrets, etc.
rights in the content displayed on the website and on the
application are either owned by the Company and/or by third parties
who hold all intellectual property rights including the copyrights
or have transferred/licensed/assigned rights in the said to the
Company, thereby,making the company the rightful owner of such
rights. Therefore, you agree that you shall not create, recreate,
copy, distribute, pirate, or make any derivative work of the
interface without the prior explicit consent of the Company and/or
any other third party who is the rightful owner of the said
interface.
interface of the Website/App strictly belongs to the owner of the
Company. The User agree not to infringe the Intellectual Property
Rights in whatsoever manner.
transmit, link or otherwise deal with any information that is
offensive, defamatory, obscene, vulgar, excessively violent,
blasphemous, hateful, racially and ethnically inciteful, unlawful,
threatens public health or safety, tortious, false or misleading,
defamatory, libelous, hateful, or discriminatory, or violates any
applicable law in force in any manner whatsoever.
device, software, internet site, web-based service, or by any other
means,
circumvent any patent, trade secret, copyright, design, trademark,
or any other intellectual property or proprietary information
relating to the services of the Website and the App;
associated with the user service, Website, and App, including but
not limited to, geo-filtering mechanisms, parental controls, User
information, etc;
bulk messages or other unsolicited bulk communications of any kind
through the Website or App.
been misusing the said User Services for any other purposes as
restrained under the present clause or agreement, the company can
take all such actions, including injunctive reliefs to restrain you
or your associates, etc from conducting such actions and can further
claim for all such damages which may be sustained by the Company.
Website, App, the entire Content, Services, and all the intellectual
property rights, including copyrights, patents, trademarks, designs,
and trade secrets in relation to the above are solely owned by
Company, its Affiliates and/or the company’s Licensors (“Lawful
Owners”).
Lawful Owners own and retain any all intellectual and proprietary
rights to the Content and Services throughout the territory of the
world in perpetuity. These Terms do not transfer to You or any third
party any rights, title or interests in, or to such, intellectual
property rights, except for the limited license that is required to
view/use the Website, Application and Services per the Agreement.
4.SYSTEMS:
The Services can be availed through certain
Authorized Devices which the Company may approve from time to time.
In some cases, whether an Authorized Device is (or remains) capable
of running a Compatible System may depend on the software or
platform provided or maintained by the relevant device manufacturer
or other third parties. As a result, Authorized Devices that run
Compatible System at one time may cease to run Compatible System(s)
in the future. The Company shall not be liable in the event of any
devise, etc being not compatible.
5. MEMBERSHIP AND PAYMENTS
Users who conform to the provisions of this Agreement. To become an
Authorized User, You may be required to provide Your Login
Credentials that may contain Personal Information and Sensitive
Personal Information, in order for you to effectively avail the
Services. Further, in order to avail the Services as a Authorized
User, You may be required to make certain payments in the manner
provided in the website/application by the Company. The said matter
of Vehicle rental and/or the amount payable may vary from time to
time and the company is at the sole discretion to make such changes.
Services of Vehicles. The Company may give out discount coupons/ or
offers at its sole discretion.
discretion may provide for various modes of online and offline
payments for availing the rental services of the company. The said
payments can be made through various sources such as debit card
payment, credit card payment, internet banking payment and/or any
other such payment which may be recognised and/or used as a general
industrial practice in the future. The User acknowledges that during
the payment through online systems, various third party websites,
etc are involved and the user is redirected to third party pages for
making such payments. The company does not manage such third party
pages to which the user is redirected to. The User recognizes and
understands that the You are subjected to the terms and conditions,
privacy policy, etc on such websites and the Company is in no manner
liable for making good any losses which the user may sustain on such
third party pages they are directed to.
the accuracy and authenticity of the information provided by You to
third-party payment gateways, including the bank account
number/credit card details and the like. You agree and acknowledge
that the Company shall not be liable and in no way be held
responsible for any losses whatsoever, whether direct, indirect,
incidental or consequential, including without limitation any losses
due to delay in processing of payment instruction or any credit card
fraud.
processing on the Website/App, and the same will be forwarded to the
concerned third-party payment gateway provider for redressal. You
can reach out to the company at –support@bud-e.in The party notes
and undertakes that the act of the company in forwarding the
concerned grievances of the user to the third party does not make
the company involved and/or liable for such losses of the user.
6. UNDERTAKINGS, WARRANTIES AND REPRESENTATIONS OF THE USER:
User undertakes to not use the Website/Application or any of the
Services or the information of other Users, available on the
Website/Application.
unauthorized access or in any way exceed the authorized access to
the Website/Application or any networks, servers or computer systems
connected to the Website/Application or Services.
not conduct any actions detrimental to the interest and/or business
of the company and its website/business. The User shall not damage
the reputation and goodwill of the website/application. 6.4 The User
undertakes to not use the Website/ Application or any of the
Services or any information on the Website/Application, including
any Personal Information and Sensitive Personal Information
available on the Website/ Application, in any unlawful manner, or in
a manner which promotes or encourages illegal or fraudulent
activity, including (without limitation) intellectual property
infringement or data theft of the Content.
re-rent, the Vehicle or otherwise use any part of the Website/
Application or Services to obtain any personal or third-party gain.
or shall not indulge in any decipher, decompile, modify,
disassemble, adapt, translate or reverse engineer any part of the
Website and Application, including by creating any shadow and
mirroring websites.
impair, create an undue burden on, Interfere with, or gain
unauthorized access to the Services.
has also perused the privacy policy of the company herein and is
aware and acknowledges that the said policy along with the present
terms and conditions and/or any other further notifications /
modifications / circulars / information displayed on the website and
application shall be read as a part of this terms and conditions and
shall be referred to as Agreement.
declares that you are solely responsible for maintaining its secrecy
with respect to its login credentials, etc. The user undertakes to
not to divulge such information to any other person that the user
himself.
Website, Application and/or its Services, or the personal
information of other Users, available on the Website/App in order to
build a similar or competitive website, app, product, or service;
and
7. SUPPORT/MAINTENANCE AND RISKS:
complaints or claims with respect to the Website, App, and/or
Services, then such correspondence should be directed to the contact
information provided on the website and application. You however
acknowledge and agree that the company will have no obligation to
provide You with any uninterrupted or immediate support or
maintenance in connection with the Website, Application and/or
Services, except as provided under the Company’s Privacy Policy.
information, whether personal or sensitive, provided to Us through
an email, support forum on the Website, etc. (“Other Information”)
does not violate any applicable laws or the policy of the company.
You may not represent or imply to any person or entity, in any way
whatsoever, that the Account Information or Other Information that
You provide Us with is sponsored or endorsed by Us in any manner.
You alone are responsible for Your Account Information. You must
note that We are not obligated to create a backup copy of Your
Account Information or Other Information that You provide Us with;
We will not be held liable or responsible for the deletion of the
Account Information or any Other Information that You provide Us
with.
collect, upload, create, transmit, display, or distribute the
Account Information or Other Information in any way such: (i) that
it violates any third-party right, including any copyright,
trademark, patent, moral right, privacy right, right of publicity,
or any other intellectual property or proprietary right; or (ii)
that it is in violation of any law, regulation, or obligations or
restrictions imposed by any third party; or (iii) that it is
hateful, violent, discriminatory, defamatory, racially or ethnically
objectionable, unlawful, obscene.
upload, modify, transmit, publish, or distribute to, or through, the
Website, App or otherwise, any computer viruses, worms, or any
software codes, files or programs, intended to damage, limit or
alter a computer system, computer network, or data, and/or gain
unauthorized access to a computer or computer network;
to not to manipulate the Website to send unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes, or any other form of duplicative or unsolicited
messages, whether commercial or otherwise;
manipulate the Website to harvest, collect, gather, or assemble
information or data, personal or sensitive regarding any other users
or individuals, including their e-mail addresses, with or without
their consent;
create an undue burden on servers or networks connected to the
Website or the data hosted within the Website, or violate the
regulations, policies, restrictions or procedures of such networks;
party’s information on the Website (or to other computer systems or
networks connected to or used together with the Website), whether
through password mining or any other means;
harass or interfere with any other user’s use and enjoyment of the
Website and/or it Services; or use software or automated agents or
scripts to produce multiple accounts on the Website, or to generate
automated searches, requests, or queries to (or to strip, scrape, or
mine data from) the Website.
company reserves the right to review Your Account Information or any
other information from time to time, and to investigate and/or take
appropriate action against You if you violate any applicable laws or
the company’s policy, or any other provision of these Terms, or
otherwise create liability for Us or any other person or Entity, in
Our sole discretion. The company may take any action
includingremoving or modifying Your Profile, terminating Your
Profile and/or reporting You to, and cooperative with, law
enforcement authorities.
all of Your information can be shared in the above circumstances
with competent authorities upon any demand or request by them, or in
a good faith belief, that such access, preservation, or disclosure
is reasonably necessary to:
any customer service; or
personal safety of company, its affiliates or company’s licensors or
other Users and the public.
with any feedback or suggestions regarding the Website, Content
and/or the Services (“Feedback”), You hereby assign to Us all rights
in such Feedback and agree that We shall have the right to use and
fully exploit such Feedback and related information in any manner We
deem appropriate. We will treat any Feedback You provide to Us as
non-confidential and non-proprietary; therefore, kindly do not
submit to Us any information or ideas that You consider to be
confidential or proprietary.
8. INDEMNIFICATION
website, application, services, you agree to defend and indemnify
the company, its affiliates and the company’s licensors from any
claims, demands, damages, obligations, losses, liabilities, costs
and/or expenses made against company, its affiliates and the
company’s licensors by any third parties due to and in relation to
any act/omission/default of the User, voluntarily and/or out of
negligence, for violation of the terms herein, for violation of
applicable laws and regulations.
that results in personal injury (or death) or tangible or intangible
property damage (including loss of use) to any third-party. The User
hereby acknowledges that under no circumstances shall the Company be
liable for any direct, indirect, special, punitive, or consequential
damages that result in any way from
(i) the provision of the
Services, or
(ii) the User’s use of or inability to use, the
Services. The total liability of the Company under these terms and
conditions shall in no event exceed the total Fees paid by the User
in relation to the Services.
9. DISCLAIMER OF WARRANTIES:
Company and its affiliates, company’s licensors in no manner shall
be held to have been made any warranties, representations and/or
guarantees to the User. The use of the website and application by
the User is at his/her sole discretion and risk and any loss which
may be sustained by the said user shall not be attributable to the
company, its affiliates, licensors in any manner whatsoever.
conditions, the company, its affiliates and the licensors in no
manner shall be liable for any direct, indirect, consequential,
exemplary, incidental, special or punitive damages, loss of profits,
business, data or information. All exclusions of limitation of
liability shall be applicable to the maximum extent permissible
under the laws.
10. THIRD-PARTY LINKS & ADVERTISEMENTS
The Website /
Application may contain links to third-party links & advertisements
(“External Links”) that You may access and/or use at Your sole
discretion. You acknowledge and agree that such External Links are
not under Our control, and therefore We shall not be responsible, in
any manner, for any transactions related to External Links. You must
note that We provide access to these External Links only as a
convenience to You, and We do not review, approve, monitor, endorse,
warrant, or make any representations with respect to External Links,
in any manner whatsoever. You shall use all External Links at Your
own risk and should exercise a suitable level of caution and
discretion in doing so. When You click on any of the External Links,
the applicable third party’s Terms and policies shall apply to You,
including the third party’s privacy and data gathering practices.
You should independently undertake whatever investigation You feel
necessary or appropriate before proceeding with any transaction in
connection with such External Links. By using the Services, You
acknowledge and agree that the company or its affiliates and /or its
licensors are not responsible or liable to You for any content or
other materials hosted and served from any website or destination
other than the Application or the Website.
11. TERM AND TERMINATION
will remain in full force and effect while You use the Website,
Application and/or any of its Services, in any way whatsoever. “Upon
Termination as Authorized User, the You (erstwhile Authorized User)
acknowledge that You may still be contacted by Us to renew the
Services or for other promotional or marketing purposes. You
understand that this communication may override any Do Not Disturb
(DND) registry or DNC or National Customer Preference Register
(NCPR) that You may have registered for. Your data collected at the
time of your initial Subscription to the website/application shall
be subject to the Privacy Policy, available at https://www.bud-e.in
the Website and App (including Your Account) at any time and for any
reason, at Our sole discretion, including for any use of the Website
and/or its Services in violation of these Terms.
termination of Your rights under these Terms, Your Profile and right
to access and use the Website, App and/or its Services, will
terminate immediately. You understand that any termination of Your
Profile may involve deletion of the Account Information and any
other Information associated with Your Profile from all Our
databases. We will not have any liability whatsoever to You for any
termination of Your rights under these Terms, including for
termination of Your Profile.
12. GENERAL
You
receive communications from Us in an electronic form; and (b) agree
that all Terms and conditions, agreements, notices, disclosures, and
other communications that We provide to You electronically satisfy
any legal requirement that such communications would satisfy if it
were to be in a hardcopy writing.
remedy under these Terms shall only be effective if it is in
writing, executed by Our duly authorized representative, and shall
be applicable only to the circumstances for which it is given. Our
failure to exercise or enforce any right or remedy under these Terms
shall not operate as a waiver of such right or remedy, nor shall it
prevent any future exercise or enforcement of such right or remedy.
No single or partial exercise of any right or remedy shall preclude
or restrict the further exercise of any such right, or remedy, or
other rights or remedies.
these Terms shall be sought to be harmoniously interpreted with each
other, as well as applicable laws (including the applicable laws
based on the jurisdiction of the User’s), and upheld to the fullest
extent permissible under applicable laws. Further, the provisions
contained in this Agreement shall be enforceable independent of each
other, and their validity shall not be affected, if any other
provision(s) are held to be invalid. If any provision(s) of these
Terms are, for any reason, held to be invalid or unenforceable, the
other provisions of these Terms will be unimpaired (to the maximum
extent permissible), and the invalid or unenforceable provision(s)
will be deemed modified so that they are valid and enforceable to
the maximum extent permitted by applicable laws. Further, if any of
those provision(s) are void, but would be valid if some part of the
provision(s) were deleted, the provision(s) in question shall apply
with such modification as may be necessary to make them valid.
an employment, contractor, agency or partnership relationship with
the Company. The company is merely providing You the Services on
your request. Further, You are acting on either on Your own or
behalf of another person, in the manner stated in the Agreement.
herein, may not be assigned, subcontracted, delegated, or otherwise
transferred by You without Our prior written consent, and any
attempted assignment, subcontract, delegation, or transfer in
violation of the foregoing will be null and void. However, You
acknowledge and agree that We reserve the right to freely assign Our
rights and obligations under these Terms to whomsoever We please.
The Terms and conditions set forth in these Terms shall be binding
upon assignees.
and any dispute or claim arising out of or in connection with their
subject matter or formation (including non-contractual disputes or
claims) shall be governed by and construed in accordance with the
laws prevalent in India. You agree that the courts of Hyderabad
shall have exclusive jurisdiction to settle any dispute, or claim,
arising out of, or in relation to, these Terms.
Agreement and Amendments -These Terms expressly supersede and
completely replace any and all prior ‘Terms of Use’ published by the
company regarding the above subject-matter. The company shall not be
bound by or liable to You for any pre-existing or contemporaneous
written or oral representations or warranties, made by anyone, with
respect to the Website, App, Content and Services, including by any
Affiliates of the Company.
sole discretion, to modify the Terms from time to time (“Updated
Terms of Use”). The Updated Terms of Use shall be effective
immediately and shall supersede these Terms of Use. The company
shall not be under an obligation to notify you of any changes to the
Terms of Use. You shall be solely responsible for reviewing the
Terms of Use from time to time for any modifications. By continuing
to use the Website, App, Content and/or Services after the Updated
Terms of Use have been published, You affirm Your agreement to the
Updated Terms of Use