TERMS AND CONDITIONS FOR OWNERS OF
The Platform only connects owners of
You hereby agree, understand and acknowledge that You shall be bound by the terms contained in the Agreement, and use and access of the Platform and listing of
This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”) of India, or any other prevailing law, the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
[ZUINK] hereby agrees and acknowledges that it shall be solely responsible and liable for any and all
You hereby acknowledge and confirm that You have a primary contractual relationship with [ZUINK] and You are hereby permitted to list Your
If You do not agree to the terms contained in the Agreement, You are advised not to proceed to access, browse, request for rent / book for hire any
When You use any current or future services, including the rental services, provided through the Platform, You will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the Agreement and considered a part and parcel of the Agreement.
Bounce may, at any time, change, amend, modify, add, or remove portions of the contents of the Agreement in substance, or as to procedure or otherwise; in each case which will then be applicable to all Owners. Such changes shall be made applicable when they are posted. You hereby agree that any and all changes, updates, amendments, modifications, additions, or deletions made to the Agreement by Bounce shall be binding on You. Bounce may also alter or remove any content /
TERMS AND CONDITIONS
Owners must be persons who can form legally binding contracts under the Indian Contract Act, 1872 (“Contract Act”). Persons who are “incompetent to contract” within the meaning of the Contract Act including minors,
The Agreement is governed by the provisions of Indian law, including, but not limited to:
b.IT Act, 2000;
c.the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive
Personal Information) Rules, 2011 (“SPI Rules”); and
d.the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”).
If Bounce notices, at any time of the relationship under the Agreement, that You have committed or have been convicted or have pending charges or allegation of commission of offences, be it traffic violations or any other offence, then Bounce can delist Your
You hereby agree to ensure / abide by the following:
3.Owner shall provide [ZUINK] with copies of the following documents:
a.Valid driving license;
b.Address proof such as passport / Voter ID or such other document which shall be provided to [ZUINK] at the time of pickup / delivery; and
4.You agree to provide true, accurate and complete information as requested and / or required by [ZUINK] and Bounce.
5.Owners shall have all statutorily prescribed documents in relation to the
6.Owner shall have obtained, for the duration of rental usage of the
7.Owner shall provide reasonable time and opportunity to the User to inspect the
8.Owner shall be courteous and professional while interacting with the Users and perform their obligations with promptness and use reasonable care and skill and in accordance with reasonable standards of diligence, care, skill, quality and integrity.
9.Owner shall be punctual in delivery / pickup of the
10.Owners shall not consume any alcoholic beverages or any other intoxicating / banned substances at the time of pickup / delivery and return of the
11.Owner shall promptly disclose any and all damages or functional issues in the
12.Owner shall ensure that the User has a valid driving license and a copy of the driving license of the User will be provided to the Owner and Bounce.
13.The Owner shall raise any and all claims, demands for any costs and expenses incurred in relation to or in connection with the Agreement to [ZUINK].
14.Owner hereby agrees and acknowledges that [ZUINK] and the User will be solely responsible for any and all costs related to the repair, recovery, and loss suffered as a result of or in connection with any accident in which the User is involved in, to the extent that insurance does not cover for the same.
15.If any authority has penalized or fined the Owner in relation to a User's usage of the Two- Wheeler or while in the User’s custody, the User shall pay the compensation of such penalty / fine to such authority along with legal costs, and if the User fails to pay such compensation, it shall either be the Owner’s or ZUINK’s responsibility to pay all such fines and get the Two- Wheeler in a condition to operate on the Platform.
16.Owner shall assume all risks, liabilities, and consequences if his / her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, a request for rent or booking for hire has been made on the Platform. It is specifically clarified that payments of monies towards such requests / bookings by unauthorised or illegal use of the Owner’s account shall entirely be borne by the Owner.
17.You hereby agree and acknowledge that any and all fees and payments due to You from the User for providing the renting services through the Platform shall be payable by [ZUINK]. Bounce shall not be liable for any outstanding payments due to You.
18.It is expressly acknowledged by the Owner that the Platform or Bounce, as a marketplace, has not undertaken any check or verification of the Users, their credentials or their profiles. It is entirely the responsibility of the Owners to verify all details of the Users that they are transacting and/or interacting with, to their satisfaction. Bounce shall not be liable in any manner for credentials, representations acts or omissions of any User.
19.The Company and the Owner disclaim any and all claims, actions, suits against Bounce arising out of the Platform renting services or transactions undertaken through the Platform. Further, by executing this Agreement, Bounce does not, nor should it be construed to, extend its services for the benefit of any third parties apart from Owners. Nothing in this Agreement shall be construed to create any duty to, or standard of care with reference to, or any liability on any person who is not a party to this Agreement.
20.You agree not to enter into any contractual provisions in conflict with this Agreement.
21.You affirm and agree that, given the general and
22.Bounce is not and cannot be a party to any dispute arising or in connection with the rental services provided by the Owner to the User on the Platform in its capacity as the host of the Platform.
23.Owners can cancel any requests / bookings accepted by them at any point in time.
24.Bounce does not covenant or warrant that:
a.the rental services will be made available at all times;
b.the content available on the Platform is complete, true, accurate or
d.the performance of obligations by the Users will be prompt and in good faith; and
e.Bounce has undertaken any verification of the Users or their credentials.
Owner shall get eighty (80) percent of the revenue generated by the
(55)percent of the revenue generated by the
Owner shall receive such consideration by the 10th working day of the subsequent month along with a report of the revenue generated by the
INTELLECTUAL PROPERTY; CONFIDENTIALITY AND PRIVACY
All the intellectual property used on the Platform by Bounce, including the content displayed on the Platform, shall remain the property of Bounce, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platform, unless expressly permitted or agreed to otherwise. Except as provided in the Agreement, the intellectual property materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Bounce, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platform, as the case may be.
If You believe that Your intellectual property rights have been used in a way that raises concerns of
infringement, please write to us at email@example.com and let us know of Your concerns.
Bounce respects privacy of the Owner as far as possible. Owner however agree that the following personal information of the Owner could be used by Bounce for the following. The following personal information will be collected and used: a) name, b) address, c) contact numbers, d) email id, e) gender f) age, g) driving license details h) address proof and i) identity proofs. The information will be used for the following: a) share with relevant government agencies if asked to furnish any data, b) to render support in case of an accident or hospitalization with local people, police, social workers, mechanic, hospital, relatives or friends of the Owner necessary to get support in case of any accident to the person, c) use this information for promotional purposes, giving offers and benefits given to the customers of Bounce, d) inform you the developments in the business, e) sell items and goods offered by Bounce, f) analyse the use patterns for providing better business offerings.
UNDERTAKING AND INDEMNITY
Owner hereby undertakes and acknowledges that any claim, damages, liabilities that may arise during the custody of the
Owner shall, at its own expense, defend, indemnify, and hold Bounce and its officers, directors, agents, employees, and consultants harmless for damages, liabilities, claims, losses, costs, demands, suits, actions, and reasonable expenses (including attorneys' fees and settlement costs) (collectively, "Damages") arising out of or related to any suits or claims by a third party brought against Bounce regarding any actions or inactions alleged or arising out of or in connection with (i) the use or non- use of the
Bounce shall notify You promptly of such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide Bounce with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage or cost.
You acknowledge and undertake that You are accessing the Platform and availing the Services available therein at Your own risk and that You are using prudent judgment before placing an order for a
Bounce does not provide or make any representation, warranty or guarantee, express or implied about the Platform, the rental services, or in relation to the Users and all implied warranties under
law or contract are to the maximum extent possible hereby disclaimed.
Bounce’s aggregate liability arising in respect of operation of the Platform or any and all listing services provided shall be limited to the commission received by Bounce from the transactions undertaken on the Platform between the User and the Owner.
In no event shall Bounce be liable to You or any other User for any special, indirect, consequential, incidental or punitive damages pursuant to this Agreement, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill, even if advised of the possibility of such damages
You warrant to Bounce that You will comply with all applicable laws, statutes, ordinances, regulations and treaties regarding the use of the Platform, the rental services and any other related activities. You further warrant that You will not use the Platform in any way prohibited by terms contained in the Agreement or under applicable law.
OFFERS AND PROMOTIONS
Bounce reserves the right to suspend your account and/or revoke any and all promotions or credits at any time if we feel they were earned inappropriately or in violation of the applicable promo code terms or the terms of service applicable to you.
Offers and promotions credits usage and validity terms and conditions can be updated without any prior notice by Bounce. The terms and conditions valid while listing the
In accordance with the provisions of the SPI Rules, any grievances which You may have with respect to the information shared by You with Bounce hereunder and its treatment, may be directed by You to the grievance officer of Bounce at the below mentioned coordinates:
Name: Mr. Vinay Rotti
Email Address: firstname.lastname@example.org
Postal Address: Ground Floor, Artisane RPS Tech Centre, 1st Main Road, 3rd Phase, J.P Nagar, Corporation Ward No. 57, Bangalore- 560078
Neither the Owner not [ZUINK] will ever be deemed to be Bounce's agent, servant, or employee in any manner for any purpose whatsoever.
DISPUTE RESOLUTION; ARBITRATION
In the event of any dispute or difference arising between the parties with regard to the rights and obligation under this agreement or as to any claim, monetary or otherwise or as to the interpretation and effect of any terms and conditions of this agreement, the same shall be referred
to arbitration; and such Arbitration shall be governed by the (Indian) Arbitration and Conciliation Act, 1996 for the time being in force. The arbitration proceedings shall be conducted in the English language. The seat of arbitration shall be Bangalore. The arbitration shall be conducted by a sole arbitrator mutually appointed by Bounce and disputing Owner.
Arbitration awards shall be reasoned awards and shall be final and binding on Bounce and the disputing Owner/s and shall be enforceable in any court of competent jurisdiction.
GOVERNING LAW AND JUSRISDICTION
This terms and conditions and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the laws of India and the Courts of Bangalore shall be the competent court of jurisdiction.
This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties relating to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
SEVERABILITY AND ASSIGNMENT
If any provision of the Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and the remaining part of such provision and all other provisions of the Agreement shall continue to be in full force and effect. Notwithstanding the foregoing, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent as reflected by that provision.
You will not transfer, assign or delegate Your rights or obligations including Your account opened by the Platform upon registration (“Account”) under the Agreement to anyone without the express written permission of Bounce, and any attempt to do so will be null and void. Bounce may assign the Agreement or its rights, or obligations hereunder to anyone in its sole discretion.
Bounce’s failure to enforce any provision of the Agreement or respond to a breach by a Owner shall in no way imply a waiver of Bounce’s right to subsequently enforce any provision of the terms of the Agreement or to act with respect to similar breaches by n Owner.
Except for the payment of fees to Bounce, neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labour disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, lockdowns, operation of law, epidemics, pandemics,
All notices and communications to the Platform shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:
Postal Address: Ground Floor, Artisane RPS Tech Centre, 1st Main Road, 3rd Phase, J.P Nagar, Corporation Ward No. 57, Bangalore- 560078
Email Address: email@example.com
Legal notices will be served to the email address You provide to us while enrolling as an Owner on the Platform. Notice will be deemed given 24 hours after such email notice has been sent.
Headings, subheadings, titles, subtitles to clauses,
Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
The words “include” and “including” are to be construed without limitation.
References to the word “Your” shall have the same meaning as “You”.
The Owner has read and understood the above terms and Agree to abide by it.