(Last updated on:16.7.2020])
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made there under. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record (“Terms of Service”) is published in accordance with the relevant provisions of the Information Technology Act, 2000 and rules made there under.
Please note that (a) the domain name yolobus.in (the “Website”); and (b) the software application for use on small, wireless computing devices such as smart phones and tablets and also for use on desktop or laptop computers (“Application”, which collectively with website is referred to as “Platform”) is owned and operated by YOLO Traveltech Private Limited, a private limited company incorporated and existing in accordance with the laws of India and having its registered office at Flat No. 806, TowerT1, Puri Pratham, Sector-84, Faridabad, Haryana- 121002, either itself and/or through its parent company, its subsidiaries or its affiliates (hereinafter collectively referred to as the (“Company”, “Us”, “We” or “YOLO”).
2. GENERAL TERMS
2.1 These Terms of Service govern the provisions related to your appointment by the Company, for an on behalf of and as authorized agent of the Third-Party Operators for the purpose of provision of Services (as defined below) and performing roles, responsibilities and obligations as provided herein. For the purpose of these Terms of Service, wherever the context so requires the term “You”, “you” “Your”, “your”, or “Agent”, shall mean and include any person who enlists and registers himself/ herself as an authorized agent on the Platform by creating an Account (as defined below) on the Platform and uses and accesses the Platform in relation to performance of Services.
2.2 Under these Terms of Service, the Agent undertakes to become an authorised agent by registering himself/ herself on the Platform by creation of Account for the purposes of (i) making Bookings (as defined below) on the request/ instruction of the Customers (as defined below) and purchasing Tickets (as defined below) on behalf of the Customers so as to avail and schedule the Transportation Services offered by Third Party Operators for the Customers; (ii) collecting and making the payments for Booking Price (as defined below) in respect of the Booking from the Customers; and (iii) initiating the refund request on behalf of the Customer and accepting refunds on behalf of the Customers in relation to cancellation of any Booking as per the Cancellation Policy (as defined below), in accordance with these Terms of Service ("Services”).
2.4 If You do not agree with the Terms of Service, please do not enlist/ register yourself as an authorised agent, create an Account, undertake any action, use or access the Platform in relation to performance of the Services. If you continue to use and/or access the Platform for the purposes of performance of Services, you are agreeing to comply with and be bound by the Terms of Service.
2.5 YOLO reserves the right, to modify or replace, in part or full, any of these Terms of Service, or change, suspend, block, discontinue or restrict your use and access to the Platform or all or any feature of the Services at any time.
2.6 YOLO shall not be required to notify the Agent of any changes made to these Terms of Service. The revised Terms of Service shall be made available on the Platform. The Agent is requested to visit the Platform to view the most recent Terms of Service. The Agent can determine when YOLO last modified the Terms of Service by referring to the "Last Updated" legend above. It shall be Agent’s responsibility to check these Terms of Service periodically for changes. YOLO may require the Agent to provide Agent’s consent to the updated Terms of Service in a specified manner prior to any further use and access of the Platform/Services. If no such separate consent is sought, Agent’s continued use of the Platform/Services, following the changes to the Terms of Service, will constitute Agent’s acceptance of those changes. Agent’s use and access of the Platform to provide Services is subject to the most recent version of the Terms of Service made available on the Platform at the time of such use.
3.1 All the defined and capitalized terms used in the Terms of Service will have the meaning as assigned to them herein below or as assigned to them in the relevant clauses of these Terms of Service: “Account" shall mean the account created by the Agent on the Platform, pursuant to which the Agent can undertake performance of Services.
“Additional Charges” shall mean such charges as may be charged towards consumption of any additional services by the Customers in relation to Transportation Services offered by Third Party Operators like excess freight, etc. while undertaking a Trip, in addition to the cost and charges for availing the Transportation Services.
“Applicable Law(s)” means any applicable law, rule, regulation, ordinance, order, treaty, judgment, notification, decree, bye-law, governmental approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law and shall include any of the foregoing, injunction, permit or decision of any central, state or local, municipal government, authority, agency, court having jurisdiction over the matter in question.
“Booking Price” shall mean the aggregate amount reflected on the Platform in respect of booking of Ticket, including, inter alia, the fare payable in respect of arranging, availing and scheduling the Transportation Services in a Bus, any fee or levy, tolls and applicable taxes presently payable or hereinafter imposed by the law or required to be paid for availing of the Transportation Services, technology fee, platform usage charges, Additional Charges (if any).
“Booking(s)” shall mean and include any/all orders or requests placed by the Agent, on behalf of the Customer, for arranging, availing and scheduling the Transportation Services offered by the Third-Party Operator(s) on the Platform.
“Bus” or “Buses” shall mean the vehicles or buses belonging to the Third-Party Operators meeting the pre-agreed specifications, which are made available for use to the Customers by availing the Transportation Services offered by the Third-Party Operators.
“Cancellation Fee" shall mean such fee as charged in respect of cancelled Trips as notified and made available on the Platform and intimated at the time of making Bookings, and to be levied in terms of Clause 10 and in accordance with Cancellation and Refund Policy as provided on the Platform.
“Cancellation and Refund Policy” shall mean the policy relating to cancellation and refund of Bookings/ Trips as provided on the Platform.
“Customer” shall mean the end buyer who approaches the Agent for availing the services of the Agent for the purposes of arranging, scheduling and making Booking in respect of the Transportation Services offered by Third Party Operators on the Platform; making cancellations in respect of Bookings and providing refunds in respect of Cancellation and Refund Policy of the Company.’
“Customer Data” shall mean the data and information as may be required by the Agent for the purpose of making a Booking on the Platform and verification of the identity of the Customer such as, name, email ID, phone number, PAN number, Aadhar number, particulars related to the Trips such as pick up time, pick up point, drop off point etc. as may be required by the Platform for the purpose of making any Booking on the Platform.
“Force Majeure Event" shall mean any event arising due to any cause beyond the reasonable control of the Company and the Third Party Operator, including insolvency, business exigencies, operational technical issues, labor unrest, war, commotion, armed conflict, invasion, hostilities, riot, rebellion, revolution, civil war, riot, insurrection, acts of God, epidemics, natural calamities/disasters, strikes, lock out, change of Applicable Law, which materially restricts provisions of Services or Transportation Services offered on the Platform etc.
“Performance Statistics” shall mean a detailed report provided by the Agent to the Company on the in the format as provided or intimated by the Company to the Agent on the 3 rd day of each succeeding month which outlines the particulars of Bookings, amount of Booking Price, cancellation and refunds initiated as per the Cancellation and Refund Policy of the Platform and which is prepared in the format or manner as may be provided/ intimated by the Company, from time to time.
“Registration Data" shall mean and include the present, valid, true and accurate name, email ID, phone number and other information required for identification such as PAN Card number and Aadhar Card details etc., as may be required by YOLO from the Agent from time to time for the purpose of creating an Account on the Platform.
“Ticket” shall mean a voucher confirming the Booking made by the Agent on behalf of and under instructions from the Customer, for the purposes of availing Transportation Services offered by the Third Party Operators through the Platform to the Customers, specifying details like travel route, price, travel destination and other details of the Booking, as circulated by YOLO upon confirmation of every Booking and as appearing in the Account of every Agent for easy reference.
“Trip" shall mean the travel in the Bus by the Agent, facilitated through Booking made on the Platform by purchasing a Ticket for a particular Trip.
“Third- Party Advertiser(s)” online or offline advertisements of various sponsors advertising and marketing their own goods and services through YOLO or on the Platform.
“Third Party Operators” shall mean individuals/companies/sole proprietorship/firm, holding a contract carriage permit or such other permit or license as required and issued under the provisions of the Motor Vehicles Act,1988 or under any other Applicable Laws or any other person authorized by such permit holder, who are independent third-party service providers operating and managing the fleet of Buses together with the necessary staff including without limitation the drivers, conductors, maintenance staff, mechanics who shall assist in the operation of Buses for the purposes of provision of Transportation Service to the Customers facilitated through the Platform;
“Transportation Service(es)” shall mean the services for carriage/transportation of the Customers from one point to another in the Buses on pre-determined/agreed routes offered and provided by Third Party Operator facilitated through the Platform.
4. REGISTRATION AND ACCOUNT
4.1 The Agent hereby understands and acknowledges that he/she has attained at least 18 (eighteen) years of age and is competent to contract under the Applicable Law(s) and thereby can register on the Platform after complying with the requirements of this Clause 4 (Registration and Account).
4.2 The Agent shall, pursuant to an initial verification conducted by the Company, register and enlist himself/ herself on the Platform, and shall create an Account by providing the Registration Data and agreeing to these Terms of Service which governs the relationship between the Company and the Agent as also the Agent’s separate and independent transaction with the Customers in respect of whom the Agent undertakes making Bookings through the Platform.
4.3 The Agent shall ensure that the Registration Data provided by him/her in the Account is accurate, complete, current, valid and true and is updated from time to time. The Company shall bear no liability for false, incomplete, old or incorrect Registration Data provided by the Agent. Further, if we suspect that the information and the Registration Data provided by you at any time is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Service, the Company shall have the right to indefinitely suspend or terminate or block your access to your Account and the Platform.
Misuse, impersonation and misrepresentation as to the identity and contact details will lead to automated indefinite denial of the use of the Account and the Platform without prior notice to such Agent(s). The Agent shall indemnify, defend and hold harmless the Company against any/all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company based on or arising out of or in connection with furnishing of false, incomplete, old or incorrect Registration Data by the Agent on the Platform.
4.4 The Agent is solely responsible for maintaining the confidentiality of his/her Registration Data and will be liable for all activities and transactions that occur through the Agent’s Account, whether initiated by the Agent or any third party. It has been agreed that the Agent shall not authorize any third parties to use his/her Account. The Agent’s Account cannot be transferred or assigned to a third party. The Company shall not be liable for any third-party claim with respect to any loss that the Agent may have incurred as a result of someone else using the Agent’s password or Account, either with or without Agent’s knowledge.
4.5 You will only use the Account/ Platform in relation to performance of the Services as set out under these Terms of Service for which access of the Platform has been provided to you and which constitutes legal use of the Platform. It is clarified that in case the Company has any reason to believe you have violated any terms herein, the Company shall have the right to indefinitely suspend or terminate or block your access to your Account and the Platform.
4.6 The use and access of the Account by any person other than the Agent shall be considered as an unauthorized use of the Account and the Company shall have no liability on respect of or arising out of or in connection with such unauthorized use and access of the Account. The Agent shall indemnify, defend and hold harmless the Company against any/all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company based on or arising out of or in connection with any unauthorized use of the Account or use of the Account by any person other than himself.
4.7 You hereby agree and acknowledge that you shall not try to hack or reverse engineer the Platform of the Company or facilitate any person to do the same while availing the Services or otherwise.
4.8 The Company has irrevocable and unilateral right to impose any fines or penalties or take any other recourse, legal or otherwise, as may be available to the Company under any Applicable Laws or under contract at the sole expense of the Agent, in case it appears to the Company, or is discovered by, alleged or comes to the knowledge of the Company that the Agent is guilty of any fraud, misrepresentation, illegal actions, cheating, creating nuisance, misuse of Application or any other misconduct.
4.9 The Company shall not be liable for any third party claim or in respect of any loss, cost, damage that the Agent or any third party may suffer or incur as a result of someone else using the Agent’s password or Account, either with or without Agent’s knowledge. In addition, you agree to accept responsibility for the use and access of the Platform and performance of Services or activities that occur under your Account or password including any unauthorized use of the Customer Data, any content stored, posted or otherwise transmitted through your Account even when certain content is posted/activities undertaken/Services availed by others who have access to your Account with or without your consent/authorization.
4.10 The Company reserves the right to suspend or terminate Agent’s Account with immediate effect and for an indefinite period, if the Company has a reason to believe that the Registration Data or any other data provided by the Agent is incorrect or false, or that the security of the Agent’s Account has been compromised in any way, or there is a breach of terms and conditions of these Terms of Service or upon any unauthorised use of Agent’s Account by any third party or for any other reason the Agent may find just or equitable.
4.11 It is the Agent’s responsibility to check and to ensure that the Agent downloads the correct application for his/her device. The Company shall not be liable if the Agent does not have a compatible mobile device or if the Agent downloads the wrong version of the Application for his/her mobile device.
4.12 The Company allows the Agent to open only one Account in association with the Registration Data provided by the Agents. In case of any unauthorized use of the Account please immediately inform the Company at firstname.lastname@example.org.
4.13 In case, Agent is unable to access his/her Account, the Agent needs to inform the Company at email@example.com and make a written request for blocking the Account. If You know or suspect that someone unauthorized knows your password for your Account or any other security breach, then You should notify Us by contacting Us immediately and in no event later than 24 hours through the contact details provided in the "Contact Us" section of the Platform. If Company has a reason to believe that there is likely to be a breach of security or misuse of the Platform, We may require You to change your password for your Account or We may suspend your Account without any liability to the Company and without any prior notice to You. Without prejudice to the above, the Company reserves the right to recover from You any and all damages, losses or costs that are levied on or suffered by the Company, Company’s vendor (s) or other Agents or passengers due to misuse of your Account or your password for your Account whether due to reasons attributable to You or not. We shall not be held liable in any manner whatsoever to anyone for any misuse of your Account by any person without your consent or authority.
4.14 The Company will not be liable for any unauthorized transactions made through the Agent’s Account prior to the expiry of 72 (seventy-two) hours after the Agent has made a request in writing for blocking the Agent Account.
4.15 YOLO reserves the right to modify, terminate or suspend the provisions related to use and access of the Platform in relation to performance of the Services and/or any of the Transportation Services offered by them facilitated though the Platform, at any time, without prior notice to the Agent due to any change in internal policy, receipt of instructions from the Third Party Operators, or due to the Applicable Laws or any breach of these Terms of Service by the Agent or for any reason whatsoever.
4.16 The Agent may terminate his/her Account by submitting a request to YOLO at firstname.lastname@example.org. However, in either case, all previous service requests shall stand voided, andno refund or Service-related deliverable shall be provided. YOLO will make every effort to respond to the Agent’s request for termination at the earliest. However, the Agent will remain responsible for all the transactions that occurred prior to termination of Agent’s Account.
5. AGENT’S CONTENT
5.1 Except for the Registration Data or any other data provided, posted, uploaded or submitted by the Agent on the Platform, including without limitation the Customer Data for the purposes of making Bookings, during the access and use of the Platform for providing the Services, the Company does not want the Agent to, and the Agent should not, send any confidential or proprietary information including any Customer Data to the Company on the Platform or otherwise, unless otherwise is required by Applicable Laws. In accepting these Terms of Service, the Agent agrees that the data and any information that the Agent provide to the Company through the Platform other than the aforementioned will not be considered confidential or proprietary.
5.2 YOLO will be entitled to process and transfer information/ data provided, uploaded or submitted on the Platform by the Agent as and when it deems fit and YOLO may store or transfer such data and information provided and uploaded by the Agent on the Platform in order to perform YOLO’s obligations under this Terms of Service, Company Policies and Applicable Laws; and the Agent hereby agrees and acknowledges that it will obtain prior express written consent of the Customer in respect of YOLO’s exercises of the aforesaid rights in relation to Customer Data.
5.4 The Agent expressly agrees and undertakes that the Agent shall obtain the prior express written consent of the Customer in respect of authorising YOLO to collect, use, disclose, process, store, share, and transmit Customer Data in accordance with these Terms of Services and Companies Policies. It is clarified that in no event shall YOLO assume or have any responsibility or liability for any content/ information/ particular of the Customer Data posted/ uploaded/ shared by the Agent on the Platform for any claims, damages or losses resulting from use of such Customer Data. The Agent hereby represents and warrants that the Agent has all necessary rights in and to all content the User provides and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
7. USE OF PLATFORM
7.1 The Agent agrees, undertakes and confirms that Agent’s use of Platform shall be strictly governed by the following binding principles and the same only be used for using and accessing the Platform for the purposes of performance of Services.
7.2 Agent shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which Agent do not have any right to; or interferes with another user’s use and enjoyment of the Platform or any other individual and enjoyment of similar services; or
(b) that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of any person; or
(c) misleading in any way; or
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
(e) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or
(f) infringes upon or violates any third party's rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity; or
(g) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
(h) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
(i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
(j) contains video, photographs, or images of another person without his or her written consent and permission or the permission or the consent of his/ her guardian in the case of minor; or
(k) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform and/or YOLO or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
(l) engages in commercial activities and/or sales without YOLO’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Platform and/or YOLO. Throughout these Terms of Service, our "prior written consent" means a communication coming from YOLO’s authorized representative, specifically in response to Agent’s request, and specifically addressing the activity or conduct for which Agent’s may seek authorization; or
(m) interferes with another user’s use and enjoyment of the Platform for providing the Services or any other individual’s use and enjoyment of the Platform; or
(n) refers to any website or URL that, in YOLO’s sole discretion, contains material that is inappropriate for the Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Service; or
(o) harm minors in any way;
(p) or is fraudulent or involve the sale of counterfeit or stolen items;
(q) or violates any law for the time being in force;
(r) or deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
(s) impersonate another person; or
(t) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform; or
(u) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
(v) is false, inaccurate or misleading; or directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law, rule, regulation or guideline for the time being in force; or
(w) creates liability for YOLO or cause YOLO to lose (in whole or in part) the services of its vendors.
7.3 The Agent shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve the right to bar any such activity as and when detected or deemed appropriate.
7.4 The Agent shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. The Agent may not reverse look-up, trace or seek to trace any information on any other Agent of or visitor to the Platform, or any other customer of YOLO, including any of YOLO’s account not owned by the Agent, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Agent’s own information, as provided for by the Platform.
7.5 The Agent agrees he/she will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or YOLO’s systems or networks, or any systems or networks connected to the Platform.
7.6 The Agent may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity that infringes the rights of YOLO or others.
7.7 The Agent shall not use and access the Platform in relation to performance of the Servicesin any manner that could damage, disable, overburden, block or impair any of the server connected to the Platform. The Agent may not attempt to gain unauthorized access to the Platform through hacking, password mining or any other means.
7.8 The Agent may not reverse engineer, decompile and disassemble any software used to provide use and access to the Platform in relation to performance of the Services.
7.9 The Agent shall not make any negative, denigrating or defamatory statement(s) or comment(s) about YOLO or brand name or domain name used by YOLO or about the use and access of the Platform in relation to performance of the Services by the Agent or the Third Party Operators or otherwise engage in any conduct or action that might tarnish the image or reputation, of YOLO or its merchants on
Platform or otherwise tarnish or dilute any of YOLO’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by YOLO.
7.10 The Agent shall have the option to request YOLO to send him/her information regarding services, discounts and promotions provided by it. YOLO may provide the above information to the Agent by way of an SMS or email to the Agent’s registered mobile number/registered email id. The Agent also has the option to discontinue receiving such information at any point of time. To discontinue receiving such information, Agent may at any point of time visit the specific link provided on Platform to discontinue the same. Solely to enable YOLO to use the information so that it is not violating any rights
7.11 The Agent shall not engage in advertising to, or solicitation of, other user of the Platform to buy or sell any products or services, including, but not limited to, services related to or being displayed on or related to the Platform. It shall be a violation of these Terms of Service to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Platform. The Agents expressly agree that they shall not directly or indirectly solicit or influence or attempt to solicit or influence any Customer, client or any other person to cease to be a customer of the Company or direct the purchase of the services of the Company to any of its competitor or the Third Party Operators.
7.12 The Agent understands that YOLO always has the right to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, YOLO can (and Agent hereby expressly authorize YOLO to) disclose any information about the Agent to law enforcement or other government officials, as is, in YOLO’s sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
7.13 YOLO’s performance of these Terms of Service is subject to existing laws and legal processes of Government of India, and nothing contained in the Terms of Service is in derogation of YOLO's right to comply with law enforcement requests or requirements relating to Agent’s use and access of the Platform for providing Services or information provided to or gathered by YOLO with respect to such use and access. The Agent agrees that YOLO may provide details of Agent’s use and access of this Platform to regulators or police or to any other third party, or in order to resolve disputes or complaints
which relate to the Platform/ Services service, at YOLO’s complete discretion.
8. SERVICE TO BE PERFORMED BY THE AGENT
8.1 The Platform is a technology platform operated by the Company, who is authorised to engage Agents and other authorised channels for the Third Party Operators. The Agent enlists itself as the authorized agent by creating an Account (as defined below) on the Platform and uses and accesses the Platform in relation to performance of Services in accordance with the terms and manner as provided herein.
8.2 For the purposes of performance of the Services and using and accessing the Platform, the Agent is required to sign in to his Account on the Platform. After signing in to the Account, the Agent will be able to access the information pertaining to the Transportation Services offered by the Third Party Operators relating to the available Trips/ routes of Buses on different dates, availability of seats on the Buses for the Trips on different dates, Booking Prices etc. on the Platform.
8.3 The Agent, upon instruction/ request from the Customers, can make Bookings on the Platform in respect availing, arranging, scheduling of the Transportation Services offered by the Third Party Operators facilitated through the Platform. At the time of making any Booking, the Agent shall (i) obtain the prior express written consent of the Customer in respect of authorising YOLO to collect, use, disclose, process, store, share, and transmit Customer Data in accordance with these Terms of Services and Companies Policies; (ii) inform the Customer about the Cancellation and Refund Policy of the Platform and obtain Customer’s acknowledgement and consent as applicable in respect of the particular Booking undertaken; and (iii) verify the proof of identity of the Customer and the Customer Data and obtain Customer’s acknowledgement and consent for the purposes of collection, storage, use, disclose, process, store, share, and transmit Customer Data in accordance with these Terms of Services and Companies Policies. After obtaining the aforesaid consents form the Customer, the Agent shall make payment towards the Booking on behalf of the Customer. After making the payment towards the Booking, the Booking shall be confirmed (subject to availability of the Transportation Services offered by the Third Party Operators, Trips/ routes of Buses on different dates, seats on the Buses for the Trips on different dates, Booking Prices etc.) and pursuant thereto the voucher for the Ticket shall be generated and provided to the Customer and the Agent. It is clarified that the Third Party Operators shall have the right to accept or decline the Booking request made by the Agent through the Platform, basis the availability of seat in a Bus or other factors affecting the Booking confirmation.
8.4 The Agent represents and warrants that the particulars of the Customer Data including the details about the Trips such as pick up time, pick up point, drop off point etc. are verified and confirmed with the Customer prior to making the Booking and shall ensure that the same are true, correct and accurate at the time of making the Booking and the Platform shall have no liability arising out of or in relation to furnishing any false or incorrect particulars regarding the Customer Data. The Agent shall bear the consequences and damages for any delay that may be caused to the Customers due to the Agent’s failure to provide the correct details as to the pick-up time, pick up point, drop off point or other details etc. or to check the confirmation SMS or email or Ticket to verify such details or to inform YOLO of the incorrect details immediately.
8.5 The Agent undertakes, prior to making any Booking or acting upon the Booking request made by the Customer, it shall inform the Customer that the Platform is merely an intermediary between the Customers and Third Party Operators for availing the Transportation Services to the Customers and the Company shall not be liable and responsible for any and all liabilities, losses, claims and damages that may arise out of or in connection with the interaction, communication and transaction between the Third Party Operator (whether on account of obtaining, availing, arranging, scheduling or availing Transportation Services or otherwise) and the Customer and obtain Customer’s acknowledgement in respect of the same.
8.6 The Agent represent and warrants that the Agent shall only collect the amount equivalent to the Booking Price as provided on the Platform and no extra amount shall be asked or demanded or accepted. The Agent, upon collection of such amount of the Booking Price, shall make payment in respect of the Bookings in accordance with the terms contained herein. The Agent shall indemnify, defend and hold harmless the Company against any/all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company based on or arising out of or in connection with charging the Customer an amount more than the requisite Booking Price in respect of making any Booking as provided on the Platform.
8.7 After any Booking is confirmed on the Platform, the Platform shall generate a Ticket for the confirmed Booking. The confirmation of the Booking shall be informed to the Customer and Agent vide an SMS/ email which shall inter alia contain information pertaining to the details like travel route, price, travel destination and other details of the Booking, pick up time, pick up point, drop off point etc. The Company, in respect of every Bookings made through the Platform, notifies the Agent and provides information regarding the details of the Bus, Bus registration number, pick-up points, drop off point, schedule and timings, telephone contact details of the Third Party Operators personnel responsible for customer support and such other details as the Company may determine.
8.8 The Agent represents and warrants that the Agent shall verify the particulars of the Customer Data before making any Booking including the proof of identity of the Customer. It shall be responsibility of the Agent to ensure that the Customer Data provided by the Customer in respect of any Booking made on the Platform is accurate, complete, current, valid, verified and true and is updated from time to time and the Company shall bear no liability for false, incomplete, old or incorrect Customer Data. Further, if we suspect at any time that the any particular(s) of the Customer Data is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Service or as intimated by the Company to the Agent, the Company shall have the right to indefinitely suspend or terminate or block your access to your Account and the Platform. Misuse and misrepresentation of identity or contact details will lead to automated indefinite denial of the use of the Account and the Platform without prior notice to such Agent(s). The Agent shall indemnify, defend and hold harmless the Company against any/all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company based on or arising out of or in connection with furnishing of false, incomplete, old, invalid or incorrect Customer Data to the Platform and/ or furnishing false information about the proof of identity of the Customer.
8.9 The Agent acknowledges and agrees upon receiving of instruction from the Third Party Operators, the Company reserves the right to remove/modify/alter existing routes/pick-up points/drop-off points and the timings of the Services as well as the fee/charges for the Services, from time to time, without any prior notice to You. It shall be the sole responsibility of the Agent to verify these details prior to availing the Services. The Company shall not be held responsible for any inconvenience caused to the Agent due to the changes stipulated in this clause.
8.10 The Agent hereby acknowledges and agrees that Third Party Operators or any of their staff/personnel are not the employees, agents, representatives, advisers, staff members of the Company and the Company has no responsibility for any act, omission, advice, service, representation, etc. of any such Third Party Operator or any of their respective staff/personnel and the Agent undertakes to inform the same to the Customer at the time of making a Booking.
8.11 It is clarified herein that the Company makes no representation. warranty or guarantee whatsoever as to
(a) the availability of the Third Party Operators; (b) the accuracy of the representations made or the information posted on the Platform by the Third Party Operator; (c) the accuracy of the information exchanged between the Third Party Operator and the accuracy of the information posted on the Platform by the Third Party Operator and the Agent; and (d) the quality, nature, usefulness and relevance of the Transportation Services or any other services provided by the Third Party Operators and the Agent expressly disclaims, waives and releases the Company from and against any claim, liability, loss or damage that may be suffered or incurred by the Company in respect of the same.
8.12 The Agent undertakes to inform the Customer that the Customer shall, at all time, follow following conditions in order to avail the Transportation Services:
(a) The Customer will only avail the Transportation Services for his/her sole, personal use and will not for commercial purposes to resell or assign it to a third-party;
(b) The Customer will not use the Bus while availing the Transportation Services for unlawful purposes or carry any materials equipment or material that is prohibited under the Applicable Law or the use of which can be used for any illegal purposes/activities;
(c) The Customer will not try to harm the driver or the co-passengers on the Bus during an ongoing Trip or in any way whatsoever or cause any damage to the Bus(es) or any harm to the driver or any staff present on the Bus; the Customer will provide the Company and the Third Party Operator with such information and documents which they may reasonably request;
(d) The Customer is aware that when requesting availing the Transportation Services, whether by message, via Platform or calling the call centre of YOLO, standard messaging charges, data charges, voice charges, as applicable, for the Customer and/or Customer’s phone network service providers, will apply; Customer will comply with all Applicable Law from the Customer’s country of domicile and residence and the country, state and/or city in which the Customer is present while using the Platform;
(e) The Customer is aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder;
(f) The Customer will not, in his/her use of the Bus and availing the Transportation Services, cause nuisance, annoyance, inconvenience, or property damage, to the Bus(es), Third-Party Provider or any third party.
8.13 The Agent undertakes to inform the Customer that YOLO does not own any of the Buses nor does it directly or indirectly employ any drivers/conductors for the Buses or in any way engaged in provision of the Transportation Services and the Buses are owned and the staff/driver/conductor/crew therein are employed or engaged by the Third Party Operator. The Agent acknowledges that YOLO disclaims any and all liability in respect of the claims made by the Customers against the drivers, conductors, helpers and other staff/personnel/crew on the Buses or that of the Third-Party Operators. The Agent undertakes to inform the Customer that the Platform is merely an intermediary between the Customers and Third Party Operators for availing the Transportation Services to the Customers and the Company shall not be liable and responsible for any and all liabilities, losses, claims and damages that may arise out of or in connection with the interaction, communication and transaction between the Third Party Operator (whether on account of obtaining, availing, arranging, scheduling or availing Transportation Services or otherwise) and the Customer.
9. TERMS RELATED TO PAYMENT AND COMMISSION
9.1 The Agent shall be required to collect the amount equivalent to Booking Price from the Customer at the time of placing a Booking request on the Platform, on behalf of such Customer. Upon collection of such amount the Agent shall acting on behalf of the Customer make payment in respect of the Booking Price for the Bookings made in respect such Customer for a particular Trip on the Platform. The Agent hereby agrees that the Booking Price collected at the time of the Booking will include all fees attributable to provision of the Transportation Services by the Third Party Operator, any toll, government taxes and levies in respect of the Transportation Services, technology fee, platform usage charges as payable to the Company, and Additional Charges in respect of the additional services opted for like excess freight, etc. The Agent acknowledges that the upon receipt of instructions from Third Party Operators, Company reserves the right to change the fare for any Transportation Services and Additional Charges at any time, without any prior notification.
9.2 YOLO shall not be responsible towards non-payment or delayed payment or any related issues the Agent might face with respect to such sale of tickets or pre-booking of tickets for the Customers.
9.3 The Agent can make payment towards the Booking Price, on behalf of the Customer, either through: (a) third-party payment processors, wallets, online fund transfer facility through banks or credit cards or mobile & internet-based payment/commerce platforms or authorized payment gateway networks as recognized and authorized by the Reserve Bank of India (“Payment Facilitator”); or (b) by requesting deduction from Security Amount, which Agents will be required to immediately top up to maintain Minimum Security Amount Balance.
9.4 Upon confirmation of the Booking post receipt of the Booking Price by YOLO, from the Agent on behalf of the Customer, an invoice will be generated by YOLO and the same shall be provided to the Customer and Agent. Any payment in respect of any transaction under these Terms of Service shall be subject to applicable tax laws of India.
9.5 The Agent hereby agrees and undertakes to share relevant payment details including their credit/debit card details (“Card Details”) with the Payment Facilitator for the successful completion of payment towards the Booking Price on the Platform and authorize the Payment Facilitator to complete such transaction(s). In this respect, it is clarified that all Payment Facilitator whose services are utilized for the purposes of the Platform. The Agent’s authorization permits the Payment Facilitator to debit or credit the bank account associated with the Agent’s payment details. Agent’s authorization further permits the Payment Facilitator to use Agent’s Card Details for the processing of transactions initiated by the Agent on the Platform. The Agent shall have the option to save the Card Details or bank details for ease of payment for booing the next trip on the Platform, as long as the Agent maintains an Account with YOLO’s Platform. In the event the Agent deletes his/her Card Details with the Payment Facilitator or if the Agent deletes the Account, the Payment Facilitator will not process any further transactions initiated by the Agent at the Platform. Agent’s authorization under this clause is subject to any other terms and conditions of the Payment Facilitator.
9.6 All payments made by the Agent against the Booking through the Payment Facilitator shall have Indian Rupees as the underlying currency. The Platform will not facilitate transaction with respect to any other underlying currency with respect to the transactions done on the Platform. Use of the Payment Facilitator shall not render YOLO liable or responsible for the non-payment, damage, breach of representations and warranties, non-provision of the Transportation Services or fraud as regards the Transportation Services offered on or through the Platform respectively.
9.7 While using or availing of the Security Amount or the facility of the Payment Facilitator, YOLO will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Agent due to: (i) lack of authorization for any transaction/s, or (ii) unauthorized/ illegal use of the Credits, or (iii) exceeding the pre-set limit mutually agreed by and between the Agent and bank(s), or (iv) any payment issues arising out of the transaction, or (v) decline of transaction for any other reason. You understand, accept and agree that the facility provided by Payment Facilitator on the Platform is neither a banking nor financial service but is merely a facility providing an electronic, automated online electronic payment and remittance for the transactions on the Platform using the existing authorized banking infrastructure and payment gateway networks. Further, by providing payment facility on the Platform, YOLO is neither acting as a trustee, agent, collaborator of banking organization or payment gateway networks nor acting in a fiduciary capacity.
9.8 Any payment related issues, except when such issue is due to an error or fault in the Platform, shall be resolved between the Agent and the Payment Facilitator. YOLO shall not be responsible for any unauthorized use of the Agent’s Security Amount/ Credit Card/ Debit Card/ Net Banking Payment while making payment of the Booking price in respect of a Booking.The Agent acknowledges that YOLO will not be liable for any damages, interests or claims etc. resulting from not processing a request for making any Booking for availing the Transportation Service for the Customers or any delay in processing such request which is caused due to technical reasons and/or is beyond the control of YOLO.
9.9 If the Company has a reason to believe that any payment instructions made on the Agent’s Account have been fraudulently made, the Company will suspend and deny the Agent any access to his/her Account in order to investigate and report the suspicious activity. Such suspension will continue in effect till the conclusion of the investigation. It is clarified that the Company shall have no liability arising out of such unauthorized transactions made on the Account of the Agent and the Agent shall indemnify, defend and hold harmless the Company against any/all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company based on or arising out of or in connection with any unauthorized payment instruction from the Agent’s Account or its fraudulent use and access.
9.10 YOLO will not be responsible for any errors by the third-party payment processor in any manner. All payments made by the Agent towards the Booking Price through a Payment Facilitator will be reflected in Agent’s Account. The Agent hereby agrees that it shall, at all time, is required to pay and maintain a sum of money, which may be used by the Agents for making Bookings on the Platform (“Security Amount”). The payment for Bookings may be deducted from the Security Amount and its details shall be available on the Account.
9.11 At the end of each month, the Agent shall prepare a Performance Statistics basis the number of Bookings for Tickets done on or through the Platform by the Agent in the immediately preceding calendar month, keeping into consideration any cancellations, modifications, temporary bookings or any other factor affecting the Booking Price or the number of Bookings. Such Performance Statistics will also include the calculation of the loyalty bonus that the agent is entitled to for each calendar month on the basis of the milestones/ slabs which shall be decided time to time. (“Loyalty Bonus”). On the 10th day of subsequent calendar month, YOLO shall reconcile the Performance Statistics submitted by the Agent and Loyalty Bonus actually paid for such month and compare it to the internal Bookings/Tickets data/accounts for the respective calendar month and calculate the Loyalty Bonus basis the milestones and the commission slabs. It is hereby clarified that in case there is a conflict between the Performance Statistics shared by the Agent and data available with Company, the Company’s data will be considered final for determination of Loyalty Bonus payable to the Agent.
9.12 The following terms shall apply to any/all payments as maybe due and payable to the Agent by the Company:
(i) All payments due to the Agent shall be made through either deduction from Security Amount or as transfer by way of NEFT/RTGS etc., as mutually agreed from time to time. The Agent shall provide his/her bank account details to the Company for the ease of transfer of any/all payments due to the Agent by the Company.
(ii) You authorize the Company to make deductions from the Loyalty Bonus which includes Tax Deduction at Source (TDS) as per the Income Tax Act, 1961, where applicable and GST and other applicable taxes.
10. REQUEST FOR CANCELLATION AND REFUNDS
10.1 Any request for cancellation of Booking and Refund shall be in accordance with the Cancellation and Refund Policy, as made available on the Platform from time to time, or is intimated to the Agent and informed to the Customer, or in and as appearing on the Ticket in respect of the Booking. It shall be responsibility of the Customer to inform (i) the Agent about the Cancellation and Refund Policy in respect of the Booking for which a request has been placed by such Customer; (ii) any cancellation or refund in respect of such Booking which has been made by the Agent shall only be initiated and refunded through the Agent, in accordance with the Cancellation and Refund Policy. The Customer shall inform to the agent in the case of any cancellation is requested by the Customer, the Agent shall, acting on behalf of the Customer, initiate the request for cancellation of any Booking on the Platform.
10.2 Subject to the Cancellation and Refund Policy, as available on the Platform, YOLO shall refund the Agent directly add the amount, after deducting the Cancellation Fee, payable towards cancellation request for a Booking directly into the Security Amount or transferred in his bank account by way of NEFT/RTGS etc. YOLO shall provide a receipt of the Cancellation Fee, if any, payable by the Agent for every cancellation in terms of this Clause 10. The Cancellation Fee shall be due and payable by the Agent at the time of cancellation and shall be recovered from the Booking Price paid by the Agent in respect of such Ticket. It will be responsibility of the Agent to pay the refund amount along with the cancellation receipt to the Customer within 12 hours of the refund. The Agent shall indemnify, defend and hold harmless the Company against any/all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company based on or arising out of or in connection with non-payment of refund amount to the Customer.
10.3 There could be exceptional circumstances beyond the control of the Company and the Third-Party Operators such as Force Majeure Events because of the occurrence of which the Third-Party Operators may be unable to honor the confirmed Bookings. If YOLO is informed in advance of such situations where dishonor of Bookings may happen, it will make its best efforts to provide alternative to the Agent or refund the Booking Price after reasonable service charges, if supported and refunded by that respective Third-Party Operator. The maximum liability of YOLO in such events will be to refund the Booking Price amount subject to receipt from the same from the Third-Party Operators.
10.4 The Agent hereby acknowledges (and shall ensure that the Customer also acknowledges) that in the event that the Customer fails to avail the Transportation Services in any manner for any reason whatsoever, YOLO would not be held liable to refund the Booking Price for the same.
10.5 Upon acceptance of a cancellation request or if the Agent is of the view that he/she has been wrongly charged in respect of any particular Booking for an amount in excess of the Booking Price and provided such excess amount has not been charged/debited for reasons attributable to the Payment Facilitator, then the Agent shall may raise a refund request on the Platform or through the support team of the Company in accordance with the cancellation and refund policy of the Company as provided on the Platform. Where the Company determines that a refund request is valid, the refund amount of the Booking Price after and subject to the deceptions of the Cancellation Fee, shall be credited back to the Agent’s Security Amount.
10.6 In the event that the Agent has paid an amount in excess of the Booking Price or an amount has been deducted from the debit/credit card, net banking, wallet etc. for reasons attributable to the Payment Facilitator or for lack of Agent’s authorization, the Agent agrees that refund of such amount and any claims relating thereto shall be inter se between the Agent and Payment Facilitator and the bank and the Agent hereby expressly releases the Company from any loss, claims, damages in respect of the same. However, even in such a scenario, the Agent shall be required to email at email@example.com or contact YOLO on customer care and make a refund request to be placed by YOLO on behalf of the Agent to the Payment Facilitator and the bank clearly explaining the circumstances of such Agent’s refund request. The Company will make reasonable efforts to respond to and intimate the bank or the Payment Facilitator of such refund request at the earliest. Please note that YOLO will not be responsible for nonacceptance or delays which may be caused by any third parties such as banks or Payment Facilitators, who are responsible for facilitating such refund request of the Agent.
11. THIRD PARTY ADVERTISEMENT/LINKS AND LIMITATION OF LIABILITY
11.1 Please note that we facilitate and allow third party advertisers to place advertisements on the Platform in accordance with our advertisement policy ("Third Party Advertisers”).
11.2 Any issues or concerns faced by the Agent at the time of availing any products/ services shall be the sole responsibility of the Third-Party Advertisers. We will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Third-Party Advertisers. By availing the products or services offering of the Third Party Advertisers, Agent understands We merely provide a technology platform which contains the advertisements/links to the website/application of Third Party Advertisers for booking of services and products offered by them and the ultimate liability rests on the respective Third Party Advertisers and not YOLO. Thus, the ultimate contract of service is between Agent and such Third Party Advertisers/.
11.3 Please note that We do not verify any content or information provided by the Third Party Advertisers on the Platform and to the fullest extent permitted by Applicable Law(s), disclaim all liability arising out of Third Party Advertisers’ use or reliance upon the Platform or the Bus(es) content posted by Third Party Advertisers, representations and warranties made by the Third Party Advertisers on the Platform or towards the Bus(es) or any loss arising out of the manner in which the services of Third Party Advertisers availed by the Agent.
11.4 The Platform may be linked to the website/application of Third-Party Advertisers. By clicking on the links/advertisements by Third Party Advertisers, the Agent may be redirected to a website/application or other electronic platform of any Third-Party Advertisers or receive other messages, information or offers from such Third-Party Advertisers. We have no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites/applications of Third-Party Advertisers.
Inclusion of any link on the Platform does not imply that we endorse the linked website/application of the Third-Party Advertisers or any of their product and service offerings. The Agent is wholly liable for all communications and transactions with such Third-Party Advertisers. The Agent acknowledges and agrees that the Company is not liable or responsible for the content, products or services of such ThirdParty Advertisers or their websites, applications, links, information, messages, offers or privacy practices of such Third-Party Advertisers.
11.5 Agent accept and acknowledge that we do not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statute or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and services made available through the link/advertisements of Third Party Advertisers on the Platform, including any guarantee or warranty that such goods/ products/services as offered/listed or provided by Third Party Advertisers: (i) are merchantable; (ii) fit for the purpose of which they are to be or have been purchased/availed; (iii) standard of products/ services as provided by the respective Third Party Advertises; (iv) availability of any services as listed by a Third Party Advertisers (iii) have accurate description; and (iv) do not cause any infringement.
11.6 The Agent acknowledges and agrees that YOLO or YOLO’s Platform is not responsible for the availability of Third-Party Advertisers’ links, content, websites, application, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The Agent warrants and agrees that YOLO will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, application, content, product and/or service.
12. AGENT RELATIONSHIP MANAGEMENT
12.1 All issues, opinions, suggestions, questions and feedback while availing YOLO’s Services shall be communicated to us through the following email address firstname.lastname@example.org. In case of a Trip booked on the Application, Agent shall be required to rate the Trip after completion of the Trip. Agent hereby agrees to be fair, accurate and non-disparaging while leaving comments, feedbacks, testimonials or reviews on or about the Trips or use and access of the Platform, which the Agent must ensure are in accordance with the Applicable Laws.
12.2 Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed. The Agent agrees and acknowledges that any and all issues/complaints/grievance an Agent has, must be communicated to YOLO only through the Platform or to consumer helpdesk or grievance offices as stipulated in these Terms of Service of the Platform and not on any other third-party platform/ social media channels.
12.3 The Agent shall be responsible and liable in respect of the wrongful allegation made and any issues posted on such other third-party platforms/social media. YOLO takes no liability for inability to get back or respond to any complaints made or content posted by the Agent about YOLO on other channels.
12.4 YOLO shall endeavour to respond to Agent’s issues within 2 (two) working days of Agent’s reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain issues may be resolved earlier than the other. However, YOLO shall not be liable for any damages or losses in the event the Agent is not satisfied with any such resolution.
13. DISCLAIMERS, WAIVER AND RELEASE
13.1 THE PLATFORM AND THE PRODUCT AND SERVICES OFFERING MADE AVAILABLE ON THE PLATFORM INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOLO DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY FOR ACCURACY, AVAILABILITY, CONTINUITY, UNINTERRUPTED ACCESS, TIMELINESS, SEQUENCE, QUALITY, PERFORMANCE, SECURITY, EFFICIENCY AND MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OR COMPLETENESS, EXCEPT OTHERWISE SPECIFIED IN WRITING.
13.2 ALL INTERACTION, EXCHANGE OF ANY INFORMATION AND/COMMUNICATION, DEALING, PROMISES MADE OR TRANSACTION BETWEEN THE AGENTS AND CUSTOMERSIN RESPECT OF AVAILING THE TRANSPORTATION SERVICES OFFERED BY THIRD PARTY OPERATORS THROUGH THE PLATFORM, DEALING, OR TRANSACTION BETWEEN THE AGENTS AND THE THIRD PARTY OPERATORS/ THIRD PARTY ADVERTISERS AND/ OR AVAILING OF THE PRODUCTS AND SERVICE OFFERING OF THE THIRD PARTY OPERATORS/ THE THIRD PARTY ADVERTISERS, MAKING ANY BOOKING, COLLECTION AND VERIFICATION CUSTOMER DATA, CORRECTNESS OF THE CUSTOMER DATA IN RESPECT OF MAKING ANY BOOKING, COLLECTION OF PAYMENT OF BOOKING PRICE, AND INITIATIATION OF REFUND REQUEST AND PAYMENT OF REFUND AMOUNT (IF ANY) IN RESPECT OF ANY CANCELLATION MADE FOR ANY PARTICULAR BOOKING IN ACCORDANCE WITH THE CANCELLATION AND REFUND POLICY AND IS A SEPARATE AND INDEPENDENT TRANSACTION BETWEEN THE CUSTOMER AND THE AGENT WITHOUT ANY LIABILITY ACCRUING TO OR ON THE COMPANY. THE AGENT EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD HARMLESS THE COMPANY IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY THE COMPANY OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE AGENT AND THE CUSTOMER FOR WHICH THE AGENT WAS RESPONSIBLE .IN FURTHERANCE OF PERFORMANCE OF THE SERVICES, THE AGENT UNDERTAKES THAT THE COMPANY SHALL NOT BE LIABLE AND RESPONSIBLE FOR ANY AND ALL LIABILITIES, LOSSES, CLAIMS AND DAMAGES THAT MAY ARISE OUT OF OR IN CONNECTION WITH THE INTERACTION, COMMUNICATION AND TRANSACTION BETWEEN THE AGENT AND THE CUSTOMERS AND THE AGENT AGREES TO HOLD HARMLESS AND INDEMNIFIES THE COMPANY IN THIS REGARD.
13.3 YOLO EXPRESSLY DISCLAIMS AND THE AGENT AGREES TO WAIVE ANY CLAIM AGAINST YOLO THAT MAY BE RAISED BY THE CUSTOMER IN CONNECTION AND/OR RELATED TO THE ACTS, ACTIONS, OMISSIONS, BEHAVIOR, CONDUCT AND/ OR NEGLIGENCE, DEFAULTS, ACCIDENTS, TORT ON THE PART OF THE THIRD-PARTY OPERATOR, CO-PASSENGERS OF THE CUSTOMERS, OR DRIVERS, CONDUCTORS, HELPERS AND OTHER CREW OF THE BUSES OR IN RELATION TO AVAILING OF THE TRANSPORTATION SERVICES OFFERED BY THIRD PARTY OPERATORS.
13.4 THE AGENT SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS ETC. IN RESPECT OF ANY EXCHANGE OF INFORMATION, TRANSACTION, DEALING AND PROVISION/AVAILING OF PRODUCT AND SERVICE OFFERING OF THIRD-PARTY OPERATORS/ THIRD PARTY ADVERTISERS ON THE PLATFORM.
13.5 THE COMPANY SHALL BE IN NO EVENT LIABLE FOR ANY INJURY, LOSSES, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITHPLATFORM HAS TAKEN REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION PUBLISHED ON THE PLATFORM IS ACCURATE AT THE TIME OF POSTING; HOWEVER, THERE MAY BE ERRORS IN SUCH INFORMATION FOR WHICH WE SHALL HAVE NO LIABILITY. WE RESERVE THE RIGHT TO REMOVE OR ALTER ANY OF THE INFORMATION CONTAINED ON THE PLATFORM AT OUR SOLE DISCRETION.
13.6 EXCEPT FOR YOLO’S LIMITED ROLE IN PROCESSING FACILITATING PAYMENTS FOR WHICH THE AGENT IS AUTHORIZED THE PLATFORM, YOLO IS NOT INVOLVED IN ANY UNDERLYING TRANSACTION BETWEEN THE AGENT, THIRD PARTY PROVIDER AND THE PAYMENT FACILITATOR OR THE BANKING/FINANCIAL INSTITUTIONS.
13.7 WITHOUT PREJUDICE TO THE GENERALITY OF THE ABOVE, YOLO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY IN RESPECT OF THE THIRD PRARTY SERVICE PROVIDERS BUSES, THIRD PARTY OPERATORS AND THIER DRIVERS, CONDUCTORS, HELPERS AND OTHER CREW OF THE BUSES AS TO SPECIFICS (SUCH AS QUALITY, EFFICIENCY, STANDARD, FITNESS, VALUE, RELIABILITY ETC) OF THE SERVICES OFFERED BY THEM AND YOLO ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS THEREOF.
13.8 YOLO DOES NOT WARRANT THAT: (I) THE PLATFORM WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL TIMES; OR (II) THE PLATFORM AND THE INFORMATION, CONTENT, MATERIALS, PRODUCT (INCLUDING SOFTWARE) OR ELECTRONIC COMMUNICATION SENT FROM YOLO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (III) NOTHING ON THE PLATFORM WILL CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND OR AN ENDORSEMENT BY YOLO FOR THE PRODUCTS AND SERVICE OFFERING OF ANY THIRD PARTY SERVICE PROVIDER, INCLUDING BUT NOT LIMITED TO THIRD PARTY OPERATORS, AGENTS, COMPANIES POSTING ADVERTISEMENTS ON OR THROUGH THE PLATFORM OR ON ANY BUS .
13.9 TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YOLO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. YOLO DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13.10 THE AFORESAID, DISCLAIMERS, WAIVERS, RELEASES, LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION OR THE LIABILITY ARISES IN LAWS, CONTRACT, TORT OR OTHERWISE.
In addition to and not in derogation of the specific indemnities provided by You to the Company under these Terms of Service and/or Company Policies, You agree to indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, Agents and agents etc. (“Indemnified Parties”) against any/all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Indemnified Parties, to the extent such losses are based on or arising out of or in connection with: (i) your breach or non-performance or non-compliance of any of the Terms of Service, Company Policies and your use and access of the Platform for performance of the Services;
(ii) your use and access of the Platform for performance of the Services, arranging the Transportation Services offered by the Third Party Operators to the Customers through the Platform and/ or purchase of the product or services of Third Party Advertisers; (iii) truthfulness, accuracy and correctness of the Registration Data entered into by the Agent on the Platform at the time creation of his/ her Account;
(iv) truthfulness, accuracy and correctness of the Customer Data entered into by the Agent on the Platform at the time making any Booking including inter alia any information provided by the Customer in relation to making any Booking such as pick time, drop off point, boarding point etc.; (v) any claim the Customers/ Third Party Operators/ Third Party Advertisers may have with respect to interaction, communication, dealing, dispute, provisions of services with you;(vi) any content posted by the Agent on the Platform and Agent's use and access of the Platform in relation of performance of Services;
(vii) any claim of third party due to, or arising out of, or in connection with, your use and access of the Platform in relation to performance of Services, or arranging the Transportation Services offered by the Third Party Operators through the Platform for the Customers or any other products and service offerings of the Third Party Advertisers; and (viii) breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right) by you while using/accessing the Platform in relation to performance of Services and/or arranging, availing and scheduling the Transportation Services offered by the Third Party Operators through the Platform for the Customers or any product or service offerings of the Third Party Advertises.
15.1 The Agent undertakes that YOLO does not own any of the Buses nor does it directly or indirectly employ any drivers/conductors for the Buses or in any way engaged in provision of the Transportation Services and the Buses are owned and the staff/driver/conductor/crew therein are employed or engaged by the Third Party Operator. The Agent acknowledges that YOLO disclaims any and all liability in respect of the claims made by the Customers against the drivers, conductors, helpers and other staff/personnel/crew on the Buses or that of the Third-Party Operators.
15.2 In no event shall we, or our officers, directors, employees, partners or suppliers be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use and access of the Platform in relation to performance of Services; any use and condition of the Bus, any interaction, communication, dealing and transaction between the Agent and the Third Party Operator (including those whether on account of obtaining, availing, arranging, scheduling or availing Transportation Services or otherwise), or any products or services offering availed or obtained by the Agent from Third Party Advertisers or the agents authorised by YOLO for making Bookings and selling Tickets on behalf of the Agent on the Platform.
15.3 YOLO shall not be liable for any damages resulting from the use of or inability to use the Platform, including damages caused by wrong usage of the Platform, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the information on the Platform.
15.4 All necessary information pertaining to provision of Services or Transportation Service offered by Third Party Operators through the Platform as contemplated in this Terms of Service, will be sent on mobile number and/or email ID registered with YOLO. YOLO will not be responsible for appropriateness of mobile or email or any other communication medium. The Agent shall be responsible for immediately reporting the errors, if any, occurred in the information sent to the Agent regarding booking confirmation.
15.5 In no event shall YOLO be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever, whether based on contract, tort, negligence, strict liability or otherwise, even if YOLO has been advised of the possibility thereof.
15.6 In addition, and without limiting the foregoing, to the fullest extent permitted by Applicable Law, in no event will YOLO’S aggregate liability arising out of or in connection with these Terms of Service or the Services by the Agent hereunder or in respect Transportation Service offered by Third Party Operators through the Platform, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of Rs. 1000/- (Rupees One Thousand only).
16. INTELLECTUAL PROPERTY OWNERSHIP
16.1 YOLO alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and any suggestions, ideas, enhancement requests, feedback, recommendations; text, graphics, Agent interfaces, visual interfaces, photographs, trademarks, logos, brand name, sounds, music, artwork and computer code; or other information provided by the Agent or any other party relating to the Platform.
16.2 Third party trademarks may appear on this Platform and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, Agent needs to get permission directly from the owner of the intellectual property for any use.
16.3 These Terms of Service do not constitute a sale and do not convey to the Agent any rights of ownership in or related to the Platform or the Service, or any intellectual property rights owned by YOLO. The Agent shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Platform in relation to performance of Services.
16.4 The Company has granted to the Agent a limited non-exclusive license to use its brand name “Yolo” and logo for provision of the Services and for all such other matters as provided hereunder strictly in compliance with and subject to this Agreement:
16.5 The Agent may use information on the Platform purposely made available by YOLO for downloading from the Platform, provided that the Agent: (i) does not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) use such information only for Agent’s personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or (iii) does not make any additional representations or warranties relating to such information.
17. SUSPENSION AND TERMINATION
17.1You agree that the Company, in its sole discretion and for any reasonn, may terminate the Account(or any part thereof) you may have with the Company or use of the Platform and remove and discard all or any part of your Account or any content uploaded by you, at any time. The Company may also in its sole discretion and at any time discontinue providing access to the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Platform or Account you may have or portion thereof, may be affected without prior notice, and you agree that the Company will not be liable to you or any third party for any such termination.
17.2In addition to the reasons and the grounds of termination expressly provided for in these Terms of Service above, the Company, in its sole discretion, reserves the right to terminate the Account (or any part thereof) or deny access to the Account or use of the Platform or remove and discard any content within the Service, for any reason, including, without limitation: (i)registration of any account using false or misleading information; or (ii) breach, violation or inconsistent acts with these Terms of Service or the Policies; or (ii) violation of any Applicable Laws.
17.3You acknowledge and agree that the Company may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Service. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your Account or denial of access to the Services/Platform. In the event of termination of your Account by the Company due to any of the aforementioned reasons, the Company shall have the sole discretion to terminate or cancel any of your past acts without any liability to the Company.
17.4The Company does not permit copyright infringing activities on the Platform and reserves the right to terminate access to the Platform and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Platform may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have under law, contract and/or equity.
17.5Unless terminated in accordance with this Clause, the agreement between YOLO and the Agent is perpetual in nature upon downloading or accessing the Platform, as the case maybe, and for each Trip booked through the Platform by the Agent. 17.6The Agent is entitled to terminate this legal relationship, at all times by deletion of the Agent Account, thus disabling the use by the Agent of the Platform. The Agent can close the Agent Account at any time by following the instructions provided on the Platform.
17.7Termination of the relationship formed through these Terms of Service will not prejudice accrued rights of either YOLO or the Agent.
18 APPLICABLE LAW AND DISPUTE RESOLUTION
18.1These Terms of Service are subject to the laws of India.These Terms shall be governed by the laws of India. Subject to dispute resolution clause below, courts and tribunals of New Delhi, India have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including any disputes regarding the existence, validity or termination of these Terms of Service).
18.2All disputes arising out of or in connection with the Terms of Service shall be attempted to be settled through negotiation between senior management of the Company and the Agent. If any dispute arising between the parties is not amicably settled within reasonable period of sixty (60) days of the initiation of the aforesaid dispute resolution mechanisms, then, the same shall be resolved by arbitration in accordance with the provisions of the Rules of Arbitration of the Indian Council of Arbitration for the time being in force, which rules shall be deemed to be incorporated by reference in this Clause 20. The dispute shall be referred to a sole and independent arbitrator to be appointed/ nominated by the Company. The seat and venue of the arbitration shall be New Delhi, India. The language of the arbitration will be English. The decision of the arbitrator will be final, binding and incontestable and may be used as a basis for judgment thereon in India or elsewhere. The Company and the Agent will bear its own costs of the arbitration.
19.1We are not liable for any infringement of copyright, trademark, patterns and/or any intellectual or proprietary rights of any third party, arising out of contents and/or materials posted on or transmitted through the Platform or items advertised thereon.
19.2We shall have no liability to you for any failure and/or delay in performance of services or any interruption or delay, to access the Platform, if that failure and/or delay is due to reasons or circumstances beyond our reasonable control (and the time for performance of the same shall be and is extended accordingly). However, if we decide to grant you an indulgence on the performance of any obligation under these Terms of Service, such indulgence shall not constitute waiver of any of our rights.
19.3The rights and obligations under the Terms of Service which by their nature should survive, will remain in full effect after termination or expiration of the Terms of Service.
19.4If any provision of the Terms of Service becomes or is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable then such invalidity, illegality or unenforceability shall not affect the validity of the other provisions of the Terms of Service, which shall remain in full force and effect.
19.5No representation of our employees, officers or agents or those contained and advertised on the Platform shall represent an addition or amendment to these Terms of Service unless the same has been set out in writing and signed by one of our directors.
19.6You agree not to assign, transfer or novate your rights or obligations under these Terms of Service, without our prior written consent, if applicable.
19.7No provision of these Terms of Service shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by the Company. Any consent by Company to, or a waiver by Company of any breach committed by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
19.8Failure on our part to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
19.9No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of these Terms of Service.
19.10 In our discretion we may serve any notice or communication on you by email, fax or mail. In the case of notices sent by (a) fax, you will be deemed served at the time and date of dispatch and receipt of confirmation regarding successful transmission of the fax; (b) email, you will be deemed served at the time and date of receipt of such email by you; and (c) mail, you will be deemed served 5 (five) business days after dispatch of the same.
19.11 No person other than you has any rights under these Terms of Service and cannot enforce these Terms of Service.
19.13 The invalidity of any term of these Terms of Service shall not affect the validity of the other provisions of these Terms of Service. If and to the extent that any provision of these Terms of Service is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these Terms of Service.
19.14 YOLO may give notice by means of a general notice on Platform, or by electronic mail to Agent’s email address or a message on Agent’s registered mobile number, or by written communication sent by regular mail to Agent’s address on record in YOLO’s account information.
19.15 YOLO shall not be liable for any failure to perform any obligations under these Terms of Service or in respect of provision of the Transportation Service offered by Third Party Operators facilitated through the Platform, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
The Company may give notice by means of a general notice on the Account or Platform, or by electronic mail to Agent’s email address or a message on Agent’s registered mobile number, or by written communication sent by regular mail to Agent’s address on record in Agent Account information. The Agent may contact Company by electronic mail to the compliance/ Grievance Officer at the email address or by written communication sent by regular mail to the address provided below.
21 GRIEVANCE OFFICER
Any complaints, abuse or concerns with regards to content and or comment or breach of these Terms of Service shall be immediately informed to Gagan Rajput ("Grievance Officer") through email at email@example.com with the electronic signature or in writing at the following address to: