1. GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply to all services provided by Bum A Ride.
1.2 Bum A Ride PROPOSAL
Bum A Ride looks to:
Support and foster the accomplishment of ride sharing as a mean of transportation, with the objective of reducing car traffic, establishing social connections, improving quality of life and reducing costs and environmental impacts that come from private transportation;
Gather in a simple way information on routes to be taken by registered Users that may offer and receive rides from other Bum A Ride Users, creating a database in order to unite Drivers and Passengers that may be willing to share a certain route; Assure the accomplishment of procedures and processes that support safety indicators informed to each User; Ease the communication between Users, suggesting routes and safety policies, not being held responsible, however, for the non-compliance of the agreement proposed by a party, not presenting direct relationship between parties and absenting from any damage suffered by the User as a consequence of information inconsistency or fraud. As such, upon facing any violation of the proposed agreement through the website, we srecommend you not to share that ride and report directly to Bum A Ride; Encourage the sharing of costs originated from routes taken by Users; Encourage and promote ride sharing between Users of Bum A Ride, who need to travel between places, within a city or between different cities, in a simple, pleasant and economical way.
2. SCOPE AND DEFINITIONS
2.1 "Bum A Ride" is an intelligent ride sharing internet service. The service provided by Bum A Ride consists of providing a communication platform for bringing together two or more persons travelling to the same destination, who take the same or similar routes so they can share the same vehicle, generating several economical, social and environmental benefits, thus contributing to vehicle traffic improvement and providing a fast and easy solution to enhance and make trips more viable
2.2 "CAR SHARING" or "CARPOOLING" "RIDE" means the act of sharing a ride with another person to a pre-agreed destination, in a vehicle under property and responsibility of one of the people involved (Driver) in exchange of a Cost Contribution;
2.3 "COST CONTRIBUTION" means the amount agreed between the Driver and Passenger in relation to the Trip which is payable by the Passenger(s) as his or her contribution towards the actual cost of the Trip. For the purposes of interpretation, it is clarified that the said term is only contribution of actual costs/ expenses on the trip and does not include any profit or business element. Bum A Ride owns a fair cost-calculator which considers the average fuel and Toll-booth expenses for a Trip, which can be used to estimate the cost contribution for a trip. The Driver has an option altering the cost depending on the type of vehicle and fuel consumption, but not more than 50% of the initial suggested cost by the cost-calculator and cannot include any profit element.;
2.4 "DRIVER" means the User who utilizes Bum A Ride's service in order to offer and share a ride in his/her own car with one or more PASSENGERS going to a pre-agreed destination on a designated day and time in exchange for receiving cost contribution towards such trip from the Passenger;
2.5 "PASSENGER" means the User who utilizes the service of Bum A Ride and agrees to share a ride with the Driver to a pre-agreed destination on a designated day and time in exchange for paying Cost Contribution towards such trip to the Driver.
2.6 "USER" means any person who has attained the age of majority, who has registered with the website in order to utilize the services provided by Bum A Ride.
2.7 "TRIP" means the journey in relation to which the Passenger and the Driver have agreed upon a transaction through the website. It is the journey from the departure point to the agreed destination using a route mutually agreed upon by the Driver and Passenger;
2.8 "DEPARTURE POINT" means a previously agreed upon location/ place between the Driver and Passenger(s), from where the Driver will pick up the passenger(s) in order to commence the trip;
2.9 "USER ACCOUNT" means an internet account opened by the USER on the website in order to use the services provided by Bum A Ride;
2.10 "USER GOOD CONDUCT POLICY" is a series of values and behaviors set in order to turn viable the proper and effective functioning of the services provided by Bum A Ride and assure a positive interaction between Users.
3. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
3.1 Any person who has attained the age of majority (not a minor) as per governing Indian laws, can register with the website and utilize the services of Bum A Ride. Minors are prohibited to register with Bum A Ride. A minor, unless until accompanied by an adult (being the Parent/ Legal Guardian or a Person authorised by the Parents), cannot undertake a Trip arranged by using the services of Bum A Ride.
4. REGISTRATION AND SYSTEM UTILIZATION
4.1 Upon registering, the User agrees to provide true, correct, complete and updated information, as sought in the form at the time of signing up as a User or opening a User Account. The Users agree and understand that Bum A Ride does not verify and or controls the veracity of the information provided by the Users.
4.2 The Users agree to comply with all governing laws of India besides the General terms and conditions contained herein.
4.3 In case of non- compliance of any of the terms and conditions by a User, Bum A Ride reserves the right, at its own discretion, to withdraw the User Account in question and suspend or withdraw all services to that User without any notice/ warning or the like.
4.4 The User agrees that Bum A Ride has the sole discretion to delete, without issuance of any notice/ warning or the like, a User account of any User if any complaint(s) is/are received against such User or if Bum A Ride is of the opinion that the User has acted or is acting in violation of any of the policies of the website or contrary to the interests of the website or other Users thereof.
4.5 Bum A Ride has and reserves the right to verify the information provided by its Users, if Bum A Ride is of the opinion that the User profile or account is not genuine or duplicate. The Users understands and agrees to provide Bum A Ride, additional data information and or documents, as and when requested, to establish the authenticity of their User Account. If an account is found to be fake, not genuine or duplicate, Bum A Ride reserves the right delete such account without any notice/ warning or the like. Non-corporation in the above matter would be considered as non-compliance of these terms and conditions and would render a User liable for action thereunder.
4.6 Bum A Ride is not responsible for any consequences resulting from a User sharing his/her personal password of the User Account with third parties. In the above event it will be the User who will be held responsible for such negligence.
4.7 The registration with the website as a User is non-transferable. The User is prohibited under any circumstance, to transfer his/her User Account to third parties.
5. INTELLECTUAL PROPERTY
5.1 The format and all content included on the website,(including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software,) is the property of Bum A Ride and is protected by Indian and international copyright, authors' rights and database right laws.
5.2 All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to Bum A Ride) which appear on the website.
5.3 Unauthorised use of any content of the website for any commercial purpose without the express written consent of Bum A Ride is strictly prohibited and liable for civil and criminal prosecution. Use of data mining robots or similar data gathering and extraction tools to extract (whether once or many times) for- re-utilisation of any part of the website- is strictly prohibited.
6. USER CONTENT AND USE LICENSE
6.1 The User acknowledges that any visualized content, such as texts, products, and general information are responsibility of the people who created this content within the website;
6.2 Bum A Ride reserves the right to review, filter, refuse and remove any uploaded content considered inappropriate, in any of its services;
6.3 Users this website are expressly asked not to publish any defamatory, false, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Bum A Ride does not accept liability in respect of such content, and the User responsible will be personally liable for any damages or other liability arising and agrees to indemnify Bum A Ride in relation to any liability it may suffer as a result of any such content. However as soon as Bum A Ride becomes aware of infringing content, it shall do everything it can to remove such content from the website as soon as possible.
6.4 If a User publishes defamatory, false, misleading, disrespectful, offensive or objectionable content on the website, Bum A Ride has the sole discretion and right, without any notice/warning or the like to block the access of such User to his account or delete the User Account itself.
6.5 The Users agree and accept that they will be personally liable for any content provided or published by them on the Website;
6.6 The User accepts that deleted content may remain within Bum A Ride's database or in data backup, but not visible to other Users;
6.7 The User holds copyright to any content published on Bum A Ride's domain. However, the User concedes and agrees that Bum A Ride has an irrevocable and perpetual right to publish, filter or remove such content and is exempt from payment of any royalty of any kind whatsoever in respect of any such content.
7. STATUS OF Bum A Ride
7.1 Neither Bum A Ride nor the website provides any transport services. The Site is a communications platform for Users to transact with one another. Bum A Ride does not interfere with Trips, destinations, timings or cost contribution. The agreement for car sharing is between the Driver and Passenger. Bum A Ride is not a party to any agreement or transaction between Users, nor is Bum A Ride liable in respect of any matter arising which relates to a booking between Users. Bum A Ride is not and will not act as an agent for any User.
7.3 No arrangement between the Users and Bum A Ride shall constitute or be deemed to constitute an agency, partnership, joint venture or the like between the Users and Bum A Ride.
7.4 The User agrees to have Bum A Ride act exclusively as a means of an easy communication platform between Drivers and Passengers in order to share a ride, among all other benefits listed above. Therefore, the Users agree that Bum A Ride is exempt from any other responsibilities that might be established at the User's own risk.
7.5 Bum A Ride does NOT assure:
That the services will satisfy the Users' needs; That the services will work 24 hours a day, continuously; That the provided services are error free and completely safe; That the information provided by other Users is authentic and updated; That the gadgets/device used to access Bum A Ride's Services will not suffer any damage.
8. USERS OBLIGATIONS
8.1 Driver's obligations. The Driver agrees:
That the Trip shall not be for any fraudulent, unlawful or criminal activity. To having a valid Drivers' License for himself and valid and proper Registration Certificate and Pollution Control for the car as mandated under the Indian Laws; To having a valid comprehensive Car Insurance that covers the occupants of the car as well as third parties; To use either his own car/ or a car with permission from its registered owner. (For e.g. a family car or a car of a relative/friend) To be obligated to show to the Passenger(s), upon request, his valid driving license and documents pertaining to the car at any time during the Trip. To presenting himself or herself on time at the Departure Point agreed through the website, with the specified vehicle; To go ahead with the scheduled Trip as agreed, however in the event the Driver, for whatever reason unable to undertake the scheduled trip, he/she must inform all the Passengers at least 24hrs in advance regarding cancellation of the scheduled trip agreed between them. In event of cancelation by the Driver, the Passengers are entitled to only full repayment of the cost contribution (in case already paid), and not to any compensation or damages from the Driver and/or Bum A Ride. The Users agree that Bum A Ride is not responsible for any such cancelation and cannot be held liable for the same. To immediately inform every Passenger who agreed to travel with the Driver about any alteration to a previously scheduled trip. If, the Driver decides to change any aspects of the trip, the Driver is obligated to inform in advance every Passenger and obtain their consent to such change. If any Passenger refuses to accept such change, he/she is entitled to only full repayment of the cost contribution (in case already paid) and not to any damages from Bum A Ride or the Driver. To abide by and conduct himself or herself in accordance with the Standard of Good Conduct during the entirety of the trip; To waiting for the Passenger at the Departure point for at least 15 (fifteen) minutes after the scheduled time (the Passenger must, however, be punctual).
8.2 The Passengers' obligations. The Passenger agrees:
That the Trip shall not be for any fraudulent, unlawful or criminal activity. He/she is entitled to ask the Driver, at anytime during the trip (including the start) for documents relating to the car and the Driver. To presenting himself/herself on time at the Departure Point agreed with the Driver; To inform the Driver at least, 24 hrs (Twenty Four Hours) in advance in case he/she decides to cancel or not undertake the scheduled Trip. To abide by and conduct himself or herself in accordance with the Standard of Good Conduct during the entirety of the Trip; To waiting for the Driver at the Departure Point for at least 15 minutes after the scheduled time; and To paying the Cost Contribution to the Driver. Warning: Should the Driver or Passenger not comply with any of these terms or any other conditions established through the website, Bum A Ride will consider such non-compliance as a violation of its Terms and Condition and its policies. Bum A Ride further reserves the right to publish the fact of such non compliance on the Users account for warning other Users and or to suspend or remove the Users Account and access to the Website.
8.3 Other obligations:
The Users will through the website contact each other to arrange a trip and any conditions of travel (including size of luggage, whether smoking is permitted, whether pets are permitted, whether music can be played etc). The conditions will have to be mutually agreed upon by the Driver and Passenger. Users accept that given the nature of the service and the fact that it is free of charge, Driver and Passenger will have no recourse to Bum A Ride for any aspect of the transaction including in relation to cancellation, last minute changes, failure by the Driver or the Passenger to turn up or non-payment of the Cost Contribution. In particular it is the Driver's responsibility to collect payment from the Passenger at the time of the Trip. Bum A Ride does not manage the booking made through its website or communicate with the either the Driver or Passenger for managing the bookings made through its website. The logistics of the Trip are solely managed by the respective parties concerned. It is Bum A Ride's understanding that governmental authorities take the view that a Passenger who contributes only towards travel expenses or cost is treated as travelling without hire or reward to the Driver, and is therefore is a occupant or a third party passenger who is covered by comprehensive Insurance Policy in India. However Bum A Ride gives no warranty or assurance in this regard and it is the Driver's responsibility to verify that their insurance provides adequate cover. It is up to each Driver and Passenger to confirm with each other that the Driver is covered by valid insurance. The Car Owner must confirm that their Insurance Policy allows them to carry Passenger and that their Insurance Policy covers all Passengers and any accident or incident which may occur during a Trip. It is the Driver's responsibility to verify whether the Insurance covers the Passengers travelling in his/her car. The Driver and Passenger understand that in the event the Driver was seeking to make or has made a Profit during the Trip, the standard non-commercial Insurance Policies may refuse to cover any loss or damage during such trip. The Driver agrees that if, the insurers repudiate or refuse to accept any claim arising during a Trip for any reason, the Driver will be responsible for the financial consequences, losses and damages arising and Bum A Ride will not be liable under any circumstances to the Driver or Passenger.