This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the Information Technology Act, 2000 and rules made thereunder.
1.1 Please note that (a) the domain name yellowpedal.com (the “Website”); and (b) the software application for use on small, wireless computing devices such as smartphones and tablets and also for use on desktop or laptop computers (“Application”) (collectively referred to as “Platform”) is owned and operated by Yellowpedal Technologies Private Limited, a private limited company incorporated in accordance with the laws of , either itself and/or through its parent company, its subsidiaries or its affiliates (hereinafter collectively referred to as the (“Company” or “yellowpedal”).
2.) LEGAL AGREEMENT
3.1) “Account” shall mean the account created by the User on the Platform for availing the Services provided by the Company.
3.2) “Applicable Law(s)” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of .
3.3) “Application” shall mean the mobile application “yellowpedal” updated by the Company from time to time.
3.4) “Brand” shall mean the brand name under which yellowpedal carries out it’s business and business-related activities.
3.5) “Booking(s)” shall mean and include any/all orders or requests placed by you through the Platform for availing the Services of yellowpedal, offered through the Platform.
3.6) “Booking Price” shall mean, in relation to a Ticket, the price at which yellowpedal’s bus tickets will be sold through the Company’s Platform and/or any other third party resellers engaged with yellowpedal, to the respective Users willing to purchase bus tickets online. Such amount shall be displayed on the Platform, subject to amendments and/or changes in the prices to be made by yellowpedal subject to various external and/or internal factors.
3.7) “Bus” or “Buses” shall mean the vehicles or buses belonging to the Bus Operators, which are available for use by the Users;
3.8) “Ticket” shall mean a voucher confirming the Booking made by a User for availing the Services of yellowpedal, specifying details like travel route, price, travel destination and other details of the Booking, as circulated by yellowpedal upon confirmation of every Booking and as appearing in the Account of every User for easy reference.
3.9) “yellowpedal” or “us” or “we” or “our” shall mean Yellowpedal Technologies Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its corporate office at [●], which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
3.10) “Cancellation Fee” shall mean such fee as charged for all the cancelled Trips as notified to the User through the mode of Booking, the same to be levied in terms of Clause 11 for the cancellation terms.
3.11) “City of Operation” shall mean a city in which the Users avail and render the transportation Services respectively.
3.12) “Bus Operator(s)” or “Third Party Providers” shall mean such entities or individuals, who are independent third-party service providers engaged by or associated with the Company or its subsidiaries/affiliates for operating and managing the fleet of Buses for yellowpedal, wherein such Buses shall be provided and/or arranged as per the requirements of yellowpedal and with all the necessary staff including without limitation the drivers, conductors, maintenance staff, mechanics who shall assist in the operation of Buses and provision of transportation service to the Users towards the Trip undertaken by them through a Booking with yellowpedal. Such entities/individuals which/who are registered with yellowpedal have represented to yellowpedal that they have necessary licenses to provide transportation services within the City of Operation to the Users;
3.13) “E-Wallet” shall mean a pre-paid instrument, which can be used to make payments.
3.14) “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of the Company.
3.15) “Registration Data” shall mean and include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by yellowpedal from the User from time to time for registration on the Platform.
3.16) “Trip” shall mean the travel in the Bus by the User, facilitated through Booking made on the Platform by purchasing a Ticket for a particular Trip.
3.17) “Service(s)” shall mean the provision of technology platform services available on/through the Platform that enables the Users , who are desirous of obtaining, availing, arranging, scheduling transportation services offered by independent third party service providers including inter alia the Bus Operators who are under an agreement with yellowpedal or with certain yellowpedal’s affiliates towards provision of Buses for the Trips carried out towards the Bookings made by the User(s) on the Platform. For avoidance of any doubt, it is clarified that yellowpedal provides facilitation of transportation service between the User and the Third Party Providers by yellowpedal through the Platform or via a telephone request at the call center of yellowpedal, within the City of Operation, as elaborated in Clause 8.
3.19) “Third- Party Advertiser(s)” online or offline advertisements of various sponsors advertising and marketing their own goods and services through yellowpedal.
3.20) “User/ You” means a person who has an Account on the Application and/or Website or who visits the yellowpedal’s Platform.
3.21) “Website” shall mean the domain name yellowpedal.com operated by the Company or any other software that enables the use of the Application or such other URL as may be specifically provided by the Company.
4.) REGISTRATION AND ACCOUNT
4.1) The User 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 and by entering their Registration Data.
4.2) The User 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 User.
4.3) The User 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 User’s Account, whether initiated by the User or any third party. It has been agreed that the User shall not not authorize any third parties to use his/her Account, and may not allow any persons under the age of 18 to receive transportation services from Third Party Providers unless they are accompanied by the User himself/herself. You will only use the Services or download the Application for your sole and personal legal use and will not resell it to a third party nor try to hack or reverse engineer the Application or facilitate any person to do the same while availing the Services or otherwise.
4.4) The Company has irrevocable and unilateral right to refuse to provide Services and/or block you and/or 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 User, in case it appears to the Company, or is discovered by, alleged or comes to the knowledge of the Company that the User is guilty of any fraud, misrepresentation, illegal actions, cheating, creating nuisance, misuse of Application or any other misconduct
4.5) The Company shall not be liable for any third party claim with respect to any loss that the User may have incurred as a result of someone else using the User’s password or Account, either with or without User’s knowledge or any third party have incurred upon usage of Services provided by yellowpedal through the User’s account, whether with or without User’s knowledge. In addition, you agree to accept responsibility for all Services availed through your Account or activities that occur under your Account or password including 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.
4.7) It is the User’s responsibility to check and to ensure that the User downloads the correct application for his/her device. The Company shall not be liable if the User does not have a compatible mobile device or if the User downloads the wrong version of the Application for his/her mobile device.
4.8) The Company allows the User to open only one Account in association with the Registration Data provided by the Users. In case of any unauthorized use of the User’s Account please immediately inform the Company at email@example.com.
4.9) In case, User is unable to access his/her Account, the User needs to inform the Company at firstname.lastname@example.org and make a written request for blocking the User 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 Website. 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 for 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 Users 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.
4.10) The Company will not be liable for any unauthorized transactions made through the User’s Account prior to the expiry of 72 (seventy two) hours after the User has made a request in writing for blocking the User Account, and shall not have any liability in case of a Force Majeure Event.
5.) USER CONTENT
5.4) Further, yellowpedal shall store the information provided by the User including without limitation the recordings of User’s calls between the Company’s executive and the User for their conversation regarding the Services of the Company or any/all Service-related matters. The User shall promptly inform yellowpedal on any change in the information provided by the User to yellowpedal in respect to the Services availed on the yellowpedal platform.
7.) USE OF PLATFORM
7.1) The User agrees, undertakes and confirms that User’s use of Platform shall be strictly governed by the following binding principles and shall only be used for using the Services for the purpose of their transportation from one point to another on the Buses:
7.1.1) User shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which User do not have any right to; or interferes with another user’s use and enjoyment of the Platform or any other individual’s user 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 another 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 express 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 yellowpedal or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
(m) interferes with another user’s use and enjoyment of the Platform and/or Services or any other individual’s user and enjoyment of similar services; or
(o) harm minors in any way; or
(p) is fraudulent or involve the sale of counterfeit or stolen items; or
(q) violates any law for the time being in force; or
(r) 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 , 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 yellowpedal or cause yellowpedal to lose (in whole or in part) the services of it’s vendors.
7.1.2) The User 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.
7.1.3) The User shall not probe, scan or test the vulnerability of the Platforms 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 User may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform, or any other customer of yellowpedal, including any of yellowpedal’s account not owned by the User, to its source, or exploit the Platform or any Service 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 User’s own information, as provided for by the Platform.
7.1.4) The User agrees he/she will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or yellowpedal’s systems or networks, or any systems or networks connected to the Platform.
7.1.6) The User shall not use the Services or Platform in any manner that could damage, disable, overburden, block or impair any of the server connected to the Platform. The User may not attempt to gain unauthorized access to the services through hacking, password mining or any other means.
7.1.7) The User may not reverse engineer, decompile and disassemble any software used to provide the Services by yellowpedal.
7.1.8) The User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about yellowpedal or Brand name or domain name used by yellowpedal or the Services provided by yellowpedal or the Third Party Providers or otherwise engage in any conduct or action that might tarnish the image or reputation, of yellowpedal or its merchants on platform or otherwise tarnish or dilute any of yellowpedal’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 yellowpedal.
7.1.11) The User understands that yellowpedal 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, yellowpedal can (and User hereby expressly authorize yellowpedal to) disclose any information about the User to law enforcement or other government officials, as is, in yellowpedal’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.
7.1.12) It is possible those other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that User may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about Users on the public forum due to User’s use of the Platform, and that the recipient may use such information to harass or injure the User. yellowpedal does not approve of such unauthorized uses but by using the Platform. The User acknowledges and agrees that yellowpedal shall not be responsible for the use of any personal information that the User publicly discloses or shares with others on the Platform. The User should carefully select the type of information that he/she publicly discloses or shares with others on the Platform, or from the Platform on other social platform (including but not limited to Facebook).
7.1.13) yellowpedal shall have all the right to take necessary action and claim damages that may occur due to User’s involvement/participation in any way through User or through group/s of people, intentionally or unintentionally causing hindrance in provision of Services.
8.1) The Platform is a technological platform that enables and permits the Users to arrange, obtain and avail the transportation services offered by the Third-Party Providers through the Platform. It has been acknowledged and agreed by the User that pursuant to availing the Services through the Platform, the transportation services availed by the User from the provided by the third party service providers including inter alia the Third Party Providers in respect of the Buses for the Trips carried out towards the Bookings made by the User(s) on the Platform, constitutes a separate and bilateral arrangement between the User and the Third-Party Providers. It is hereby agreed that the Company itself does not provide transportation services. It merely enters into a contract with the Operators for the use of their vehicles as a whole on a contract carriage basis and the User by entering into this legal relationship with the Company, agrees to avail the Services by using the Platform in order have access to the transportation services by the Bus Operator through the Platform
8.2) It is hereby clarified that the interaction, communication and transaction between the Third Party Provider and the User in respect of obtaining, availing, arranging, scheduling and availing the transportation services is an independent and separate transaction between such Third Party Provider and User; and the Platform is only acting as an intermediary service provider and/or facilitator for the purpose of facilitation of interaction, communication and transaction between the Third Party Provider and the User; and hence, yellowpedal 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 Provider (whether on account of obtaining, availing, arranging, scheduling or availing transportation services or otherwise) and the User and the User agrees to hold harmless and indemnify yellowpedal in this regard.
8.4) The Service allows you to make a Booking through the Platform (whether on account of obtaining, availing, arranging, scheduling or availing transportation services or otherwise) with the Third Party Provider on the yellowpedal network. The Third-Party Provider shall, subject to availability of seats on the Bus confirm each request for the Service through the Platform. yellowpedal for every Booking request made through the Platform, notifies the User and provides information regarding the Bus – including driver’s name, Bus license number, telephone contact details of the driver/conductor and such other details as the Company may determine. The User acknowledges and agrees that 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 User to verify these details prior to availing the Services. The Company shall not be held responsible for any inconvenience caused to the User due to the changes stipulated in this clause.
8.5) By using the Platform or the Service provided by yellowpedal, the User further agrees that:
8.5.1) The User will only use the Service or access the Website or download the Application for his/her sole, personal use and will not for commercial purposes to resell or assign it to a third-party;
8.5.2) The User will not use an account that is subject to any rights of a person other than the User without appropriate authorization;
8.5.3) The User will not use the Service or the Platform 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;
8.5.4) The User will not try to harm the driver or the co-passengers on the Bus during an ongoing Trip or Platform or yellowpedal’s network 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;
8.5.5) The User will provide yellowpedal with such information and documents which yellowpedal may reasonably request for;
8.5.6) The User will only use an authorized network to which it has access to for the purpose of availing service;
8.5.7) The User is aware that when requesting Services, whether by message, via Platform or calling the call centre of yellowpedal, standard messaging charges, data charges, voice charges, as applicable, for the User and/or User’s phone network service providers, will apply;
8.5.8) The User will comply with all Applicable Law from the User’s country of domicile and residence and the country, state and/or city in which the User is present while using the Platform or Service;
8.5.9) The User is aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
8.5.10) The User will not, in his/her use of the Services, cause nuisance, annoyance, inconvenience, or property damage, to the Bus(es), Third-Party Provider or any other party. In certain instances, the User may be asked to provide proof of identity to access or use the Services, and the User agrees that the User may be denied access to or use of the Services if you refuse to provide proof of identity.
8.6) yellowpedal reserves the right to immediately terminate the Service and the use of the Platform in the event of non-compliance with any of the above requirements by the User.
8.7) The User is strictly prohibited from doing the following acts including without limitation:
Smoking and/or drinking in the Bus, misbehaving with the driver or co-passengers, harass, slap, hurt, torture, extort, or assaulting the driver or co-passengers in any manner, tearing off any advertisement(s) material or promotional material placed in the Bus, disturb or distract the driver while driving, make unnecessary noises, leave without paying, jump out of the Bus, abuse the driver or the co-passengers in any manner, doing acts which may harm the interiors of the Bus, causing fire in the Bus or doing any act in violation of the Applicable Laws.
8.8) In the event the User is found to be involved in the activities as set out above, the User shall be liable to pay a fine to yellowpedal and yellowpedal shall also have the right to terminate the Trip and/or User’s Account, immediately.
8.9) In the event User fails to pay fine after the completion of the Trip or during the Trip, we may at our discretion, take such steps as may be available to us under Applicable Law for recovery of the fine or any amount due and payable by User on account of loss, damages, costs and expenses that are incurred by the Company and/or Third Party Providers arising out of/or in relation to the illegal or unauthorised use of Services or any act and omission on the part of the User in complying the terms herein. The User shall also be blacklisted as a result of non-payment of the fine or misbehaving or causing the aforementioned acts, as the case may be, and in such event, User’s Account may be terminated by yellowpedal.
9.) CONFIRMATION OF BOOKING
9.1) The Company shall upon receipt of a Booking for the Service, provide the User a confirmation of the seat and the Bus which is assigned for completion of a Trip being requested for, by facilitating the Booking through the Bus Operator/ Third Party Provider who shall ensure the completion of a Trip as per each Booking. The Third Party Provider shall be responsible for conveying a confirmation towards the Booking requested by a User, it shall have the right to accept or decline the Booking made by the User through the Platform or through the phone call to yellowpedal, basis the availability of seat in a Bus or other factors affecting the Booking confirmation.
9.2) yellowpedal shall, upon receiving the booking request from the User and confirmation from the Third Party Provider or Bus Operator in the manner set out above, proceed to communicate the confirmation or non-acceptance of the Booking based on the availability of the Bus(es) at the pickup time and for the destination requested by the User, which shall be informed to the User vide an SMS or email or notification on the Platform. In the event the Booking is confirmed, the User shall have the option to check the Booking details including but not limited to pick up time and pick up point, Booking Price other details on the Ticket, and if there is any incorrect detail, the same needs to be modified by you in the profile section on the Platform.
9.3) The User shall bear the consequences and damages for any delay that may be caused to the User due to the User’s failure to provide the correct pick up details and time or to check the confirmation SMS or email or failure to inform yellowpedal of the incorrect details immediately.
10.1) The User shall be required to pay a Booking Price at the time of placing a Booking request through the Platform and the same will be charged by yellowpedal in respect of each Ticket towards the Services availed by the User through the Platform.
10.2) User hereby agrees that the Booking Price charged at the time of the Booking will include all fees attributable to any toll duty, inter-state taxes, airport charges or any other charge/fee imposed by the governmental instrumentalities or any third party with regard to operation of the Bus(es) at specific locations.
10.3) Further, the User shall be required to pay Cancellation Fee in case of a cancellation of the Trip towards a Booking, in accordance with the terms of Clause 11 (Cancellation Policy).
10.4) yellowpedal shall provide a receipt and acknowledgement in respect of each Trip and for the Booking Price paid by the User for the Trip and the User may additionally raise a request for a copy of the invoices from the support page on the Platform.
10.5) yellowpedal or Third-Party Providers reserve the right to charge you any reasonable costs required to clean or repair the Bus(es) attributable to you during a Trip, towards repair of any damage to, or necessary cleaning of, the Bus(es) and property resulting from the use of the Services by you during a Trip, as a cost towards any damage in excess of normal “wear and tear” and necessary cleaning (“Fine”). In the event that a Third Party Provider reports the need for repair or cleaning, and such repair or cleaning request is verified by yellowpedal in yellowpedal’s reasonable discretion, yellowpedal reserves the right to charge the User a Fine for recovering the cost of such repair or cleaning to be paid by the User, by using the payment method designated in the User’s Account.
10.6) This payment structure is intended to fully compensate the Third-Party Provider for the Services provided. yellowpedal does not designate any portion of your payment as a tip or gratuity to the Third-Party Provider. Any representation by yellowpedal(on the Website, in the Application, or in yellowpedal’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for Services provided, is not intended to suggest that yellowpedal provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with Services obtained through the Platform, you are under no obligation to do so. Gratuities are voluntary. After you have received the Services obtained through yellowpedal, you will have the opportunity to rate your experience and leave additional feedback about your Third-Party Provider.
10.7) The User shall choose to pay for the Booking Price wholly, by either of the following two (2) methods:
10.8.1) E-Wallet payment: yellowpedal offers Users the facility of making an online payment through an E-Wallet powered by yellowpedal and or a third-party payment processor (“Payment Processor”). The processing of payments, in connection with Users use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that yellowpedal engages for this purpose. yellowpedal will not be responsible for any errors by the third party Payment Processor in any manner.
10.8.2) Credit Card/ Debit Card/ Net Banking Payment: The User shall have the facility of making a payment online for the Booking Price as maybe charged by yellowpedal for the Trip chosen by the User at the time of placing a Booking on the Platform. The Booking Price in this regard may be paid by using the services of an entity providing a payment gateway/processor services (“Payment Gateway“), authorized by yellowpedal. Such Payment Gateway may either be yellowpedal or any of its affiliates or partners or unrelated third parties. The User hereby agrees and undertakes to share relevant payment details including their credit/debit card details (“Card Details”) with the Payment Gateway for the successful completion of payment towards the Booking Price to yellowpedal Application and authorize the Payment Gateway to complete such transaction(s). In this respect, it is clarified that all Payment Gateways whose services are utilized for the purposes of the Platform and/or services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. The User’s authorization permits the Payment Gateway to debit or credit the bank account associated with the User’s payment details. User’s authorization further permits the Payment Gateway to use User’s Card Details for the processing of transactions initiated by the User at any of yellowpedal’s affiliates. The User shall have the option to save the Card Details or bank details for ease of payment in the next trip or Trip through yellowpedal as User’s authorization, as long as the User maintains an Account with yellowpedal on their Platform. In the event the User deletes his/her Card Details with the Payment Gateway or if the User deletes the Account, the Payment Gateway will not process any further transactions initiated by the User at the Platform and at the sites of any of yellowpedal’s affiliates. User’s authorization under this clause is subject to any other terms and conditions of the Payment Gateway.
10.8) Any payment related issues, except when such issue is due to an error or fault in the Platform, shall be resolved between the User and the Payment Processor/Payment Gateway. yellowpedal shall not be responsible for any unauthorized use of the User’s E-Wallet/ Credit Card/ Debit Card/ Net Banking Payment while placing a Booking request for availing the Services on the Platform.
10.9) If the Company has a reason to believe that any payment instructions made on the User’s Account have been fraudulently made, the Company will suspend and deny the User 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.
11.) CANCELLATION POLICY
11.1) The User hereby agrees and acknowledges that the User may cancel Booking request for a Trip through the Platform, at any point of time subject to a Cancellation Fee charged by yellowpedal.
11.1.1) For the purpose of Bookings requested and/or completed online, by the Users through the Platform or offline Bookings made on the call directly through the call centres at yellowpedal, the Cancellation Fee will be charged in the manner as stated in the cancellation terms on the Platform or as intimated by the executives when the Booking is placed offline, the same shall be available for access and reference by the User prior to placing a Booking request with yellowpedal.
11.2) The User shall be notified regarding the applicable Cancellation Fee in advance whenever the User attempts to cancel a Booking with yellowpedal. The notification regarding the same shall be on the Platform and the same shall also be provided for Bookings made through yellowpedal’s operator.
11.3) yellowpedal shall provide a receipt of the Cancellation Fee, if any, payable by the User for every cancellation in terms of the clauses above for such cancellations. The User may raise a request for a copy of the invoices regarding such cancellation from the support page on the Platform.
11.4) The Cancellation Fee shall be due and payable by the User at the time of cancellation which may be recovered from the User by yellowpedal, immediately at the time of Cancellation.
12.1) In the event the User is of the view that he/she has been wrongly charged in respect of any particular Booking, then he/she may raise a refund request on the Platform. Where the Company determines that a refund request is valid, it shall make reasonable efforts to grant the refund request and return the requisite funds to the respective source of payment. In the event that the User desires a refund on any amount that has been debited from the User’s account either through third party wallet or through the saved credit card/debit card/ net banking and the same was not authorised by the User, the User shall be required to email email@example.com or contact yellowpedal on customer care number provided (as amended) and make a refund request clearly explaining the circumstances of the User’s refund request.
12.2) In case the User has erroneously paid an amount in excess of the applicable Booking Price through the payment methods made available on the Platforms, which was not required to be transferred, after assessing the validity of the written request from the User, yellowpedal shall process to credit the funds to the same source from where these were received.
12.3) The Company will make reasonable efforts to respond to the User’s refund request at the earliest. Please note that yellowpedal will not be responsible for delays, which may be caused by any third parties such as banks, Payment Processors, Payment Gateways and third party-merchants, on whom yellowpedal relies while processing refund request or any delay caused in case of any force majeure events which are beyond yellowpedal’s reasonable control. Therefore, yellowpedal shall bear no liability for the processing of the refund requests.
13.) DISCLAIMERS, WAIVER AND RELEASE
13.1) Except for yellowpedal’s limited role in processing payments that User’s authorize or initiate, yellowpedal is not involved in any underlying transaction between the User, Third Party Provider, any other customer, merchant, bank, Payment processor, Payment Gateway or other third party.
13.2) It is hereby agreed that yellowpedal itself does not provide transportation services. It merely enters into a contract with the Bus Operators for the use of their vehicles as a whole on a contract carriage basis and the User by entering into this arrangement, agrees to avail the Services by using the Platform in order to have access to the transportation services provided by the Bus Operator through the Platform. yellowpedal under no circumstance accepts liability in connection with the quality and efficiency of the transportation services provided by the Bus Operator. yellowpedal accepts no liability in connection with and/or related to the acts, actions, omissions, behaviour, conduct and/ or negligence, defaults, accidents, tort on the part of the Bus Operator, co-passengers or drivers, conductors, helpers and other crew of the Buses.
13.3) yellowpedal does not make any representation or warranty of the Buses and the Bus Operators, drivers, conductors, helpers and other crew of the Buses as to specifics (such as quality, efficiency, background, value, etc) of the services offered by the Bus Operator and yellowpedal accepts no liability for any errors or omissions thereof.
13.4) yellowpedal shall not be liable for the quality, safety, reliability, legality, delivery or any other aspect of any goods or service that User may purchase through any Third-Party Advertisers. The User’s use of the service is at his/her sole risk.
13.5) The service is provided on an “as is” and “as available” basis. yellowpedal 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, merchantability, fitness for any particular purpose, non-infringement or completeness. Without prejudice to the forgoing paragraph, yellowpedal does not warrant that:
13.3.1) This Website and Application will be constantly available, or available at all; or
13.3.2) This Website: information, content, materials, product (including software) or Services included on or otherwise made available to the User through the Website; their servers; or electronic communication sent from yellowpedal are free of viruses or other harmful components; and
13.3.3) Nothing on the Website will constitutes, or is meant to constitute, advice of any kind.
13.6) yellowpedal makes no express or implied representations or warranties about it’s Services or the Website and Application and disclaim any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. yellowpedal does not authorize anyone to make a warranty on yellowpedal’s behalf and User may not rely on any statement of warranty as a warranty by yellowpedal.
13.7) yellowpedal and its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from the User’s use or non-use of the Service or the Platform, or User’s reliance upon the Service or the information contained upon the Platform (whether arising from yellowpedal or any other person’s negligence or otherwise).
13.8) The User furthermore acknowledges and accepts that yellowpedal may not encrypt any content or communications from and to our Platforms.
13.9) THE EXCHANGE OF INFORMATION, PROVISION/AVAILING OF SERVICES, TRANSACTION BY AND BETWEEN THE THIRD PARTY PROVIDER AND USER IS DONE AT YOUR SOLE RISK, AND HENCE YOU AGREE THAT 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 WITH THE AFORESAID.
13.10) THE USER SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS ETC. IN RESPECT OF ANY EXCHANGE OF INFORMATION, PROVISION/AVAILING OF SERVICES, TRANSACTION BY AND BETWEEN THE THIRD-PARTY PROVIDER AND USER. THE COMPANY WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH BY A USER THROUGH THE PLATFORM OR PURSUANT TO REGISTRATION OF A PERSON AS A USER WITH THE COMPANY AND THE PLATFORM.
13.11) IN THE EVENT OF A DISPUTE BETWEEN THE THIRD PARTY PROVIDER AND THE USER REGARDING OR ARISING OUT OF OR IN CONNECTION WITH OBTAINING SCHEDULING AVAILING OF THE TRANSPORTATION SERVICES OF THE THIRD PARTY PROVIDERS FOR TRIPS TOWARDS THE BOOKING MADE THROUGH THE PLATFORM, BOTH THE USER AND THE THIRD PARTY PROVIDERS HEREBY RELIEVES THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES, WHICH A USER MAY HAVE AGAINST THE OTHER.
13.12) THE USERS EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY THE USER OR ANY THIRD PARTY IN RELATION TO ANY USE OF/AVAILING OF THE SERVICES OFFERED/PROVIDED BY THE THIRD PARTY PROVIDER; AND THE THIRD PARTY PROVIDER AGREES TO INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
13.13) THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A THIRD PARTY PROVIDER IN CONNECTION WITH PAYMENT FOR SERVICES BY THE USER AND THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
13.14) 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.
14.) ADVERTISEMENT AND LINKS
14.1) As part of the Services provided by Us; We facilitate and allow third party advertisers (“Third Party Advertisers”) to place advertisements on the Platform in accordance with our advertisement policy.
14.3) 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), availing the Services, 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 have been availed by the Users.
14.4) The Platform may be linked to the website of third parties, affiliates and business partners. By clicking on the advertisements by Third Party Advertisers, the User may be redirected to a website 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 or made available by/through the Platform. Inclusion of any link on the Platform does not imply that we endorse the linked website. The User is wholly liable for all communications and transactions with such Third-Party Advertisers. The User acknowledges and agrees that the Company is not liable or responsible for the content, products or services of such advertisers or the websites, links, information, messages, offers or privacy practices of such Third-Party Advertisers.
14.5) Users 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 on the Platform by Third Party Advertisers, including any guarantee or warranty that such goods/ products: (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; and (iv) do not cause any infringement.
14.6) The User acknowledges and agrees that yellowpedal or yellowpedal’s Platform is not responsible for the availability of Third Party Advertisers’ links, content, websites, 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 User warrants and agrees that yellowpedal 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, content, product and/or service.
14.7) The content on the Platform which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is our content and the Platform may contain links to the content of third party websites that are not associated with us. We have no control over any third-party user generated content as we are merely an intermediary for the purposes of those content. In the event, if any of the third party content infringes any intellectual property of any person, such third party shall be solely responsible for any loss caused and we shall not be liable.
15.) CUSTOMER RELATIONSHIP MANAGEMENT
15.1) All issues, opinions, suggestions, questions and feedback while availing yellowpedal’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, User shall be required to rate the Trip after completion of the Trip. User hereby agrees to be fair, accurate and non-disparaging while leaving comments, feedbacks, testimonials or reviews on or about the Trips or Services.
15.3) The User shall be responsible and liable in respect of the wrongful allegation made and any issues posted on such other third-party platforms/social media. yellowpedal takes no liability for inability to get back or respond to any complaints made or content posted by the User about yellowpedal on other channels.
15.4) yellowpedal shall endeavor to respond to User’s issues within 2 (two) working days of User’s reporting the same and endeavor 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, yellowpedal shall not be liable for any damages or losses in the event the User is not satisfied with any such resolution.
17.1) It is expressly made clear to You hereby that yellowpedal does not own any of the Buses nor does it directly or indirectly employ any drivers/conductors for the Buses. Buses are owned and the staff therein are employed by the Bus Operator and yellowpedal disclaims any and all liability in respect of the drivers, the conductors, helpers and other crew and the Buses alike. However, yellowpedal encourages You to notify it of any complaints that You may have against the driver/conductors of any Bus that You may have hired using the Platform.
17.2) 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 of or access of the Platform; any use and condition of the Bus or any interaction, communication, dealing and transaction between the User and the Third Party Provider (including those whether on account of obtaining, availing, arranging, scheduling or availing transportation services or otherwise).
17.3) yellowpedal encourages all the Users to take full responsibility of his/her items. In case of lost items during the journey, yellowpedal will assist in locating the items, but shall not be responsible in any manner whatsoever for the loss or damage to the same. If the User leaves any goods inside a Bus or has any complaint in respect of the Services or the use of the Bus, the User has to inform yellowpedal of the same in writing within [●] hours of using the Services. The User waives the right to make any claims against yellowpedal under this clause.
17.4) Any claim against the Bus Operator and/or Bus Operator’s staff/ other passengers or Users shall be pursued by the User directly with any of them and yellowpedal shall not be made a party to any such claim.
17.5) The information, recommendations and/or Services provided to the User on or through the Platform and yellowpedal’s call centre are for general information purposes only and does not constitute advice. yellowpedal will reasonably keep the Platform and its contents correct and up to date but does not guarantee that (the contents of) the Platform is free of errors, defects, malware and viruses or that the same is correct, up to date and accurate.
17.6) yellowpedal shall not be liable for User missing trains/flights/events or delays etc. as the Service is dependent on many factors not in yellowpedal’s control. User must book the Trip after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays.
17.7) yellowpedal 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.
17.8) The User shall take full responsibility of his/her items and luggage. In case of lost items inside the Bus(es) during the journey, yellowpedal will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same. If the User leaves any goods in the Bus(es) or has any complaint in respect of the Services or the use of the Bus(es), User shall have to inform yellowpedal of the same in writing within 24 (twenty four) hours of using the Bus(es) or the Services of yellowpedal. In the event it is found, User shall be informed about yellowpedal’s office from where the User can collect it after 2(two) working days from the date User was informed. yellowpedal however shall not be responsible for delivering the same back to the User. If requested, yellowpedal may deliver the misplaced item/s back to the User after 2(two) working days from the date User was informed, subject to the place of delivery being within twenty (20) kms from the yellowpedal office. yellowpedal shall charge the User a flat fee of Rs 200 (n Rupees Two Hundred) for such delivery.
17.9) yellowpedal does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
17.11) IN NO EVENT SHALL yellowpedalBE 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 yellowpedal HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
17.13) If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of yellowpedal shall be the minimum permitted under Applicable Law.
18.) INTELLECTUAL PROPERTY OWNERSHIP
18.1) yellowpedal 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 the Service and any suggestions, ideas, enhancement requests, feedback, recommendations; text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or other information provided by the User or any other party relating to the Platform or the Service.
18.2) 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, User needs to get permission directly from the owner of the intellectual property for any use.
18.4) The User may use information on the Platform purposely made available by yellowpedal for downloading from the Platform, provided that the User:
18.4.1) does not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
18.4.2) use such information only for User’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
18.4.3) does not make any additional representations or warranties relating to such information.
19.) SUSPENSION AND TERMINATION
19.1) You agree that the Company, in its sole discretion and for any or no reason, 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 any account you may have or portion thereof, may be effected without prior notice, and you agree that the Company will not be liable to you or any third party for any such termination.
19.2.1) registration of any account using false or misleading information; or
19.2.3) violation of any Applicable Laws.
19.3) You 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 Service. 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.
19.4) The 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.
19.5) You may log out of your account at any time and/or remove any data or files uploaded by you on the account at any point of time. Provided that such log out from the Platform either by you or by us will not prejudice any of your past lawful acts on the Platform.
19.6) Unless terminated in accordance with this Clause, the agreement between yellowpedal and the User is perpetual in nature upon downloading the Application and/or accessing the Website, as the case maybe, and for each Trip booked through the Platform or through an offline Booking made with yellowpedal’s call centre.
19.7) The User is entitled to terminate this legal relationship, at all times by deletion of the User Account, thus disabling the use by the User of the Platform. The User can close the User Account at any time by following the instructions provided on the Platform.
20.) APPLICABLE LAW AND DISPUTE RESOLUTION
21.1) We 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.
21.11) 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.
21.15) yellowpedal may give notice by means of a general notice on the Service or Platform, or by electronic mail to User’s email address or a message on User’s registered mobile number, or by written communication sent by regular mail to User’s address on record in yellowpedal’s account information.
21.16) The User may contact yellowpedal by electronic mail to the compliance/ Grievance Officer at the email address email@example.com or by written communication sent by regular mail to [●].
Attn : Sunny Gupta
Designation : Compliance Executive
Corporate Address :1st Floor, Building, No. 35, 100 Feet Rd,
Ghitorni, New Delhi, Delhi 110030