These terms and conditions (” Terms & Conditions“) is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and rules made there under and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. These Terms & Conditions do not require any physical, electronic or digital signature.
These Terms & Conditions is a legally binding document between User and Driver Bandhu (Bhuvan Care Services
Pvt. Ltd.) (both terms defined below). These Terms & Conditions will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between User and Driver Bandhu(Bhuvan Care Services Pvt. Ltd.) for the use of the Website/App (defined below)
This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 under the Information Technology Act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the website.
These Terms & Conditions of the website located at the URL www.bhuvancare.com & www.driverbandhu.com and mobile application (“Website/App”) under the name and style “Driver Bandhu” (the “Driver Bandhu”) is between Bhuvan Care Services Private Limited (here in after referred to as “Driver Bandhu” or “We” or “Us” or “Our“) and the guest users or registered users of the Website/App(here in after referred to as “You” or “Your” or “Yourself” or “User“) describe the terms on which Driver Bandhu offers You access to the Website/App and such other services as are incidental and ancillary there to (“Services“).
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE/MOBILE APPLICATION OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE/ MOBILE APPLICATION. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE/ MOBILE APPLICATION.
These Terms & Conditions together with the Privacy Policy and/or any other policies or terms of the Website/App which may apply to specific Services (“Additional Service Terms“) together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as “Agreement(s)“) constitute the entire agreement upon which You are allowed to access and use the Website/App and avail the Services.
If you are accessing the Driver Bandhu mobile application or accessing the Services through the Driver Bandhu mobile application, then while these Terms & Conditions will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple’s iTunes, Android’s play store, Microsoft’s store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms & Conditions by way of reference.
1. GENERAL
Bhuvan Care Services Private Limited is a company incorporated under the laws of India, with its registered office at604- Akik Tower, Near Parshwa Tower, S.G. Highway, Bodakdev, Ahmedabad-380054 and having CINU93000GJ2018PTC105726.
Driver Bandhu is providing following services to the end-customers(“Services“):
- Assistance in income tax return filling (ITR)
- Assistance in availing Legal Services
- Assistance in getting World of Benefits services (Assistance to avail various government and
non-government benefits available for an individual and enterprise) - Enterprise Management services such as Driver Management, Client Management, Order Management, Vehicle Management, Enterprise Compliance Management etc.
These Terms & Conditions are subject to revision by Driver Bandhu at any time and hence the Users are requested to carefully read these Terms & Conditions from time to time before using the Website/App. The revised Terms & Conditions shall be made available on the Website/App. You are requested to regularly visit the Website/App to view the most current Terms & Conditions. In the event such a facility is provided on the Website/App, You can determine when Driver Bandhu last modified any part of the agreement by referring to the “Last Updated” legend provided in that document. It shall be Your responsibility to check these Terms & Conditions periodically for changes. Driver Bandhu may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website/App and the Services. If no such separate consent is sought, Your continued use of the Website/App or Services, following such changes, will constitute Your acceptance of those changes.
If there is any conflict:
- Between the Privacy Policy and any other agreement, the Privacy Policy shall take precedence’ but only to the extent of the conflict
- Between the Additional Service Terms and any other part of these Terms & Conditions, the Additional Service Terms shall take precedence in relation to that Service
- Between these Terms & Conditions and any other notices, disclaimers or guidelines appearing on the Website/App, these Terms & Conditions shall take precedence but only to the extent of the conflict.
2. ELIGIBILITY TO USE
You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Not with standing the foregoing, if You are below the age of eighteen (18) years, please read through these Terms & Conditions with your parent or legal guardian, and in such a case these Terms & Conditions shall be deemed to be a contract between Driver Bandhu and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
Driver Bandhu reserves the right to refuse access to use the Services offered at the Website/App to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
You shall not have more than one active Account (defined here under) on the Website/App. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
3. SECURITY
You may access and use the Website/App and the Services either as a registered user or as a guest user. However, not all sections of the Website/App and Services will be accessible to guest users.
Registered users: Driver Bandhu may make certain sections of the Services available to You through the Website/App only if You have provided Driver Bandhu certain required User information and created an account and a Driver Bandhu ID through certain log-in ID and password (“Account“). You may create Your Account on the Website/App through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website/App (Driver Bandhu ID and/or other third party login identification as provided above are individually and collectively referred to the “Account Information“).
In the event You register as a User by creating an Account in order to avail of the Services provided by the Website/App, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Driver Bandhu of any unauthorized use of Your Account Information or any other breach of security, and (b)ensure that You exit from Your Account at the end of each session.
Driver Bandhu cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Driver Bandhu or any other user of or visitor to the Website/App due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
You shall ensure that the Account Information provided by You in the Website/App’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Driver Bandhu has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Driver Bandhu has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
Guest users: The Website/App also allows limited access to the Services for unregistered Users (also called as ‘guest users‘). Such users will be able to browse the Website/App and use the Services. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time. Your provision of, and Driver Bandhu’s collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by Driver Bandhu’s privacy policy(“Privacy Policy“).
4. PAYMENTS
Presently, Driver Bandhu does not levy any fee for browsing the Website. Driver Bandhu may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website/Services. You agree to pay any such fees, as may be applicable to the Services that You use. Driver Bandhu will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website/Services, as well as the amount of fees payable by You for any such use of the Website/Service.
You agree that Driver Bandhu may, at any time, charge, modify or waive fees required to use the Website/App. Your continued use of the Website/Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms & Conditions to such changes.
You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website/App. You shall not use the credit/debit card or pre – paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. Driver Bandhu expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.
5. USER OBLIGATIONS
Driver Bandhu grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website/App and the Services provided therein.
You agree to use the Services, Website/App and the Content (as defined herein) provided therein only for purposes that are permitted by:
- The Agreement(s) (including these Terms & Conditions)
- Any applicable law.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that Your access on the Website in accordance with this Clause5.
You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by Driver Bandhu. You shall not use any deep-link, 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 Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/App.
If you believe that any Content or User Content (as defined herein) or other content available on the Website/App does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 11 herein.
The Website/App may allow you to post certain content, data or information of Your own, as well as submit any suggestions, comments, questions or other information to Driver Bandhu using the Website/Services (collectively referred to “User Content“). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website/App. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Driver Bandhu does not endorse any User Content on the Website/App and is not responsible or liable for any User Content. Driver Bandhu reserve the right to disable access to the User Content on the Website/App.
You agree and acknowledge that Driver Bandhu is only a facilitator and is not and cannot be a party to or control in any manner any advertisement and/or exhibition. Further, Driver Bandhu does not guarantee, warranty or provide any assurance on the behavior of any User of the Website/App.
You agree that You are solely responsible to Driver Bandhu and to any third party for any breach of Your obligations under these Terms & Conditions or other agreements and for the consequences (including any loss or damage which Driver Bandhu or its affiliates or its vendors may suffer) for any such breach.
You may need to install updates that we or any third party introduce from time to time to use the services, Website/App including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates“).
6. INTELLECTUAL PROPERTY RIGHTS
The Website/App and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content“) on the Website/App is owned and controlled by Driver Bandhu or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website/App, by no means are any rights impliedly or expressly granted to You in respect of such Content. Driver Bandhu reserves the right to change or modify the Content from time to time at its sole discretion.
The trademarks, logos and service marks displayed on the Website/App(“Marks“) are the property of Driver Bandhu or respective third parties. You are not permitted to use the Marks without the prior consent of Driver Bandhu or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Driver Bandhu owns all intellectual property rights to and into the trademark “Driver Bandhu”, and the Website/App, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
7. DISCLAIMER OF WARRANTIES & LIABILITY
The Website/App, Services, Content, User Content and any Third Party Content are provided by Driver Bandhu on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise.
To the maximum extent permitted by applicable law, Driver Bandhu will have no liability related to User Content and / or Third Party Content arising under intellectual property rights, libel, privacy, publicity,obscenity or other laws. Driver Bandhu also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User Content and / or Third Party Content.
You expressly understand and agree that, to the maximum extent permitted by applicable law Driver Bandhu will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account Information in connection with the Website/App or any Services, either with or without your knowledge.
Driver Bandhu may choose to display advertisements and promotions on the Website/App. The manner, mode and extent of advertising by Driver Bandhu on the Website/App are subject to change and the appearance of advertisements on the Website/App does not necessarily imply endorsement by Driver Bandhu of any advertised products or services. You agree that Driver Bandhu shall not be responsible or liable for any loss or damages incurred by You as a result of the presence of such advertisers on theWebsite/App.
Driver Bandhu has endeavored to ensure that all the information on the website is correct, but Driver Bandhu neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or service. Driver Bandhu shall not be responsible for the delay or inability to use the Website/App or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Website/App, or otherwise arising out of the use of the Website/App, whether based on contract, tort, negligence, strict liability or otherwise. Further, Driver Bandhu shall not be held responsible for non- availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website/App that may occur due to technical reasons or for any reason beyond Driver Bandhu’s control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website/App is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Driver Bandhu is not responsible for any typographical error leading to an invalid coupon. Driver Bandhu accepts no liability for any errors or omissions, with respect to any information provided to You whether on behalf of itself or third parties.
8. INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless Driver Bandhu, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemnified parties“) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with
- Your breach of the agreement(s), or
- Any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website/App or
- Any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party, or
- Your violation of any rights of another, including any intellectual property rights.
Driver Bandhu may notify You of any claims which You shall be liable to indemnify Driver Bandhu against. You will then be required to consult with Driver Bandhu regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Driver Bandhu without the express prior written consent of Driver Bandhu which can be withheld or denied or conditioned by Driver Bandhu in its sole discretion.
Notwithstanding anything to contrary in the Agreement(s), in no event shall Driver Bandhu, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Driver Bandhu has 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 to the Website/App, Services or Content.
Driver Bandhu shall accept no liability whatsoever, regarding any of its Services, which are dependent upon the government authorities, such as schemes and/or benefits.
In no event shall Driver Bandhu, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any:
- Access to or use of the Website/App or any Services
- Errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the Website/App or submitted content
- Any unauthorized access to or use of Driver Bandhu’s secure servers and/or any and all personal information and/or financial information stored therein
- Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website/App by any third party
- Any interruption or cessation of transmission to or from the Website/App
- Any errors or omissions in any data, content, information, materials or substance of the Website/App or submitted content
- Any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between users of the Website/App
- Any defamatory, offensive, or illegal conduct of any third party or service user or service professional, and/or
- Any use of any data, marks, content, information, materials or substance of the Website/App or submitted content posted, emailed, transmitted, or otherwise made available on or through the Website/App, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Driver Bandhu is advised of the possibility of such damages.
9. TERMS
The Agreement will continue to apply until terminated by either You or Driver Bandhu as set forth below. If You want to terminate Your agreement with Driver Bandhu, You may do so by
- not accessing the Website/App, or
- closing Your Account for all of the Services that You use, where Driver Bandhu has made this option available to You.
You agree that Driver Bandhu may, in its sole discretion and without prior notice, terminate Your access to the Website/App and block Your future access to the Website/App if Driver Bandhu determines that You have violated the terms of these Terms & Conditions or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to Driver Bandhu, for which monetary damages may be inadequate, and You consent to Driver Bandhu obtaining any injunctive or equitable relief that Driver Bandhu deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Driver Bandhu may have at law or inequity.
In addition to Clause 9.2 above, Driver Bandhu may, at any time, with or without notice, terminate these Terms & Conditions with You if:
- a. Driver Bandhu is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies
- b. Driver Bandhu has elected to discontinue, with or without reason, access to the Website/App, the Services (or any part thereof), or
- c. In the event Driver Bandhu faces any unexpected technical issues or problems that prevent the Website/App from working.
Not with standing the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Driver Bandhu chooses to terminate them.
10. GOVERNING LAW AND JURISDICTION
These Terms & Conditions and all transactions entered into on or through the Website/App and the relationship between You and Driver Bandhu shall be governed in accordance with the laws of India without reference to conflict of laws principles
These Terms & Conditions will be governed by and construed in accordance with the laws of India and subject to arbitration, the courts in Ahmedabad, Gujarat shall have exclusive jurisdiction.
If any dispute or difference arises between any of the parties hereto, in connection with the validity, interpretation, implementation or alleged material breach of any provision of these Terms & Conditions or regarding any question, the parties hereto shall endeavor to settle such dispute amicably.
The attempt to bring about an amicable settlement is considered to have failed as soon as one of the Parties hereto, after reasonable attempts which attempt shall continue for not less than 30 (thirty) days, gives 30 (thirty) days’ notice thereof to the other party in writing.
All disputes, differences or claims arising out of or in connection with these Terms & Conditions including, any question regarding its existence, validity, construction, performance, termination or alleged violation which is not resolved under shall be resolved by binding arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996, as amended from time to time, with Ahmedabad, Gujarat, India, being the venue for such arbitration.
11. REPORT ABUSE AND TAKE DOWN POLICY
In the event You come across any abuse or violation of these Terms & Conditions or if You become aware of any objectionable content on the Website/App, or if You believe your intellectual property rights have been violated in any manner through the Website/App, please inform Driver Bandhu on the contact details available on the Website/App.
12. COMMUNICATIONS
When You use the Website/App or send emails or other data, information or communication to Driver Bandhu, You agree and understand that You are communicating with Driver Bandhu through electronic records and You consent to receive communications via electronic records from Driver Bandhu periodically and as and when required. Driver Bandhu will communicate with You by email or by notices on Website/App or electronic records on the Website/App or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
13. GENERAL PROVISIONS
Notice: All notices with respect to these Terms & Conditions from Driver Bandhu will be served to You by email or by general notification on the Website/App. Any notice provided to Driver Bandhu pursuant to these Terms & Conditions should be sent to Grievance Officer at compliance.bhuvancare@gmail.com
(Grievance Officer: Mr. Bhuvaneshwar Yadav, Contact Number: +91 9136367628)
Driver Bandhu shall have the right to discontinue any of its Service without providing any reason and/or notice to You.
Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purporse of the assignment or transfer shall be void abinitio. Driver Bandhu’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Driver Bandhu to any third parties without the requirement of seeking Your prior consent. Driver Bandhu shall have right to transfer Your Account and Account Information to a third party who purchases Driver Bandhu’s business as conducted under the Website/App.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Driver Bandhu may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms & Conditions.
Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms & Conditions or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Principal to Principal Relationship: You and Driver Bandhu are independent contractors, and nothing in these Terms & Conditions will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Driver Bandhu.
Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Driver Bandhu for the purpose of this Agreement shall be Mr. Bhuvaneshwar Yadav with email address: compliance.bhuvancare@gmail.com . Driver Bandhu may change the aforesaid details from time to time under intimation to You.