Privacy Policy

The Scope of This Policy

 

At www.Bodaboda.in we consider the privacy of our visitors to be extremely important. This privacy policy document describes in detail the types of personal information is collected and recorded by www.Bodaboda.in and how we use it.
Information you provide us directly:

We ask for certain information such as your name, birth date, address, phone number and e-mail address when you register, or if you correspond with us. We may also retain any messages you send through the Service, and may collect information you provide in User Content you post to the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service. Your name could be published publicly. Once published your name may not be able to be removed.
 

Information we may receive from third parties:

We may receive information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook Connect etc., that third party may pass certain information about your use of its service to Bodaboda.in. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to Bodaboda.in. You may also unlink your third party account from Bodaboda.in by adjusting your settings on the third party service.

Analytics information:

We may directly collect analytics data, or use third-party analytics tools and services, to help us measure traffic and usage trends for Bodaboda.in. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the website and service to you.
Log Files

Like many other Web sites, www.Bodaboda.in makes use of log files. These files merely logs visitors to the site – usually a standard procedure for hosting companies and a part of hosting service’s analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyse trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
Cookies information:

Full details can be found on our Cookie Policy. When you visit the Service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets Bodaboda.in help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the service (e.g., the pages you view, the links you click and other actions you take on the Service). A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled. Full details can be found on our Cookie Policy.

Location data:

When you access Bodaboda.in by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.

Communications:

We use the information we collect or receive, such as your email address, to communicate directly with you. We may send you email containing newsletters, updates and recent news. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. We also use your information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Service-related emails.

Who can see your email address: If you enter an email address, you will enable communication from Bodaboda and its trusted users. If you reply to users or participate in group activities, your email address will be shared with these users.
Sharing of Your Information

We will not rent or sell your information into third parties outside Bodaboda without your consent.
Instances where we are required to share your information:

Bodaboda will disclose your information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security, quality or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Bodaboda, our Users, or others.

Keeping your information safe:

Bodaboda cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. We take reasonable steps to protect your privacy and security. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Bodaboda.in, at all times. However, Bodaboda cannot ensure or warrant the security of any information you transmit to Bodaboda.in or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the service, such as social networks. Bodaboda is not responsible for the functionality or security measures of any third party.
 

Compromise of information:

In the event that any information under our control is compromised as a result of a breach of security, Bodaboda will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

Children’s Privacy

Bodaboda does not knowingly collect or solicit any information from anyone under the age of 18. The Service and its content are not directed at children under the age of 18. In the event that we learn that we have collected personal information from a child under age 18 without parental consent, we will delete that information as quickly as possible. If a parent or guardian believes that www.bodaboda.in has in its database the personally-identifiable information of a child under the age of 18 without their consent, please contact us immediately and we will use our best efforts to promptly remove such information from our records.

Links to Other Websites and Services

We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and we do not control over any third-parties that you authorise to access your User Content. If you are using a third-party website or service (like Facebook, Google groups, etc..) and you allow such a third-party access to you User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Service.

Consent

By using our website, you hereby consent to our privacy policy and agree to its terms.

 

Driver Location Privacy Notification

To participate as a Bodaboda Delivery Driver, you must permit the Bodaboda Delivery Services to access location services through the permission system used by your mobile operating system (“Platform”) or browser. We may collect the precise location of your device when the Bodaboda Rider app is running in the foreground or background of your device. We may also derive your approximate location from your IP address. We use your location information to verify that you are present in your preferred region or city when you begin or engage in a delivery through the Bodaboda Delivery Services (a “Delivery”), connect you with delivery opportunities in your zone, and track the progress and completion of your Deliveries. You can enable the location tracking feature through the settings on your device or Platform or when prompted by the Bodaboda Rider mobile app. If you choose to disable the location feature through the settings on your device or Platform, Bodaboda.in will not receive precise location information from your device, which will prevent you from being able to work as Bodaboda Delivery Driver and receiving delivery opportunities in your area.

 

User Terms & Conditions:

Thank you for visiting our website, www.Bodaboda.in (“Website”) or downloading our mobile application (“App”). While the Bodaboda riders finish your personal tasks, please spare the time to read the following terms and conditions. You can learn about our services from the Website and use our services through the mobile application or App (the Website and the App referred to herein as “Platforms”).

For the purposes of these Terms of Use, the term ‘Bodaboda’ or ‘Us’ or ‘We’ refers to Bodaboda (India) Private Limited. The term ‘You’ refers to the user or visitor of the Website and/or App. When you use our services, you will be subject to the terms, guidelines and policies applicable to such service and as set forth in these Terms of Use. As long as you comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use our Platforms and services.

1. Acceptance of Terms

1.1 These Terms of Use sets forth legally binding terms for your use of our Platforms and services. By using the Platforms, You agree to be bound by these Terms of Use, whether You are a “Visitor” (which means that you simply browse our Platforms) or you are a “Subscriber” (which means you have registered with Bodaboda as a user). If You do not accept these terms, You should leave the Website and/or App and discontinue the use of the service immediately.

1.2 We may modify these Terms of Use from time to time, and such modification shall be effective upon its posting on our Platforms. You agree to be bound by any modification to these terms when You use the Platforms after any such modification is posted; it is therefore important that You review these Terms regularly.

2. General Registration Requirements

2.1 In consideration of your use of our Platforms, you represent that You are of legal age to form a binding contract and are not a person barred from receiving services under any law in force in India or other applicable jurisdiction. You also agree to:

(a) provide true, accurate, current and complete information about yourself while registering on our Platforms to avail the Services; and

(b) Maintain and promptly update Your registration data to keep it true, accurate, current and complete.

2.2 If You provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of our Platforms (or any portion thereof) at any time.

2.3 There is limited content available on our Platforms. All of such content is provided to you “AS IS” for Your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Bodaboda. Bodaboda reserves all rights not expressly granted in and to the Website/App and the Content.

2.4 You may access our Platforms as available for Your information and personal use.

2.5 You will be required to enter a valid phone number while registering on our Platforms as a subscriber. By registering Your phone number with us, you consent to be contacted by us via phone calls, SMS notifications or instant messages, in case of any subscription/service updates. If we do so, each communication we send You will contain instructions permitting you to “opt-out” of receiving future communications. In addition, if at any time You wish not to receive any future communications or You wish to have Your name deleted from our mailing lists, please contact us as indicated below. If You are registered with the DND National registry, You may not receive any promotional messages from Us.

3. Subscriber Account and Security

If You register with Bodaboda, you may be required to complete a verification process as part of setting up Your account. Once set up, You are responsible for maintaining the confidentiality of Your account information, and are fully responsible for all activities that occur through Your account. Should there be instances of any unauthorized use of Your account or any other breach of security, please notify Us to stop processing requests from Your account, until further instructions.

4. Services and Payment

4.1 Bodaboda services constitute a technology platform that connects You to a third party Bodaboda rider/ Merchant to schedule and complete your everyday requirements and errands (“Services”). Bodaboda does not run your tasks or errands by itself nor does it actively supervise the completion of Your tasks.

4.2 When You use the services of a service provider/ Bodaboda rider, You will incur a charge. Bodaboda will facilitate your payment for the services and the service provider/rider fee through integrated payment platforms. To the extent that Bodaboda receives charges on behalf of the service provider/rider, it acts as an Driver of the service provider/rider and all payments made by You for services rendered are deemed to be payments made to the service provider/rider. Payments are inclusive of taxes.

5. User Information

5.1 Our Services depends on the information You provide to us. You are solely responsible for and in control of the Information You provide to us.

5.2 If You use the Website or the App, You agree that information about Your use of the Bodaboda Platforms through Your mobile telecommunication device may be communicated to us, and we may obtain information about Your mobile carrier, Your mobile device, or Your physical location. In addition, use of our Platforms through a mobile telecommunication device may cause data to be displayed on and through Your mobile device. By accessing our Platforms using a mobile telecommunication device, You represent that to the extent You import any of Your Bodaboda data to Your mobile telecommunication device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your Bodaboda account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge that You are responsible for all charges and necessary permissions related to accessing our Platforms through Your mobile access provider. Therefore, You should check with Your provider to find out if our Platforms are available for Your specific mobile devices.

5.3 Bodaboda reserves the right to collect user data including name, contact information and other details to facilitate the Services or use of its Platform to avail Services. All information collected from You are on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of the platform without the obligation of a prior notice to You.

5.4 Compilation of user accounts and user accounts bearing contact number and e-mail addresses are owned by Bodaboda.

5.5 In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail address, the account shall be indefinitely suspended. Bodaboda reserves the full discretion to suspend a user’s account in the above event and does not have the liability to share any account information whatsoever.

5.6 We may disclose to third parties certain data related to You, without providing Your personal details such as name, residential and e-mail address, mobile number, unless: (1) You expressly permit us to do so, or any other person You may specifically designate to disclose such information or (2) We are required to disclose such information by any applicable law or legal process.

6. Prohibited Conduct

  • 6.1 You agree not to use the Platforms inappropriately, or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
    • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
    • harasses or advocates harassment of another person
    • exploits people in a sexual or violent manner
    • contains nudity, violence, pornography, sexually explicit material or offensive subject matter
    • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own
    • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
    • violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
    • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”
    • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
    • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
    • solicits passwords or personal identifying information from other Subscribers
    • involves commercial activities and/or sales without Bodaboda prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes
    • includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights
    • Denigrates, ridicules, or demeans another person; or contains a virus or other harmful component.
  • 6.2 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our Platforms.

7. Termination or Suspension of Account or Services

You agree that Bodaboda may at any time and for any reason, terminate your access to our Platforms, or restrict or suspend your access to all or any part of the Website or the App at any time, for any or no reason, with or without prior notice, and without liability. We may also terminate the rendering of any service without prior notice or liability.

8. Preservation/Disclosure

You acknowledge, consent and agree that Bodaboda may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

8.1 comply with legal process nationally or internationally

8.2 enforce these Terms

8.3 respond to your requests for service or complete your tasks

8.4 protect the rights, property or personal safety of Bodaboda, its subscribers and the public, or

8.5 Pursuant to the terms of the Privacy Policy.

9. Security Components

You understand that our Platforms and software embodied within the Platforms may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Bodaboda and/or content providers who provide content to Bodaboda. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in our Platforms.

10. Proprietary Rights

All materials on our Platforms, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Bodaboda. You acknowledge and agree that all content on our Platforms is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platforms, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Bodaboda prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platforms or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

11. Bodaboda and Links to Third Parties

Our Platforms may contain links to other sites owned by third parties (i.e. advertisers, affiliate riders, strategic riders, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their Websites. Bodaboda does not assume any responsibility or liability for the actions, product, and content of any such Third Party websites. Before You use any Third Party websites, You should review the applicable terms of use and policies for such Third Party websites. If you decide to access any such linked third party website, you do so at your own risk.

We may introduce you to independent third parties to complete your tasks. Where we refer independent third party service providers, You shall pay the fees directly to the service provider. Bodaboda disclaims all responsibility and liability as regards the services, conduct or actions of such third party.

12. General Terms and Conditions

12.1 You agree and accept that the use of the Services provided by Bodaboda is at Your sole risk and further acknowledge that the Company disclaims all representations and warranties of any kind, whether express or implied.

12.2 You shall ensure that You will not indulge in any of the following activities while using the service asking the service provider to break any Police and/or government rules for any purpose (especially getting the service faster). The service provider has the right to refuse such a request by you.

12.3 You agree and acknowledge that the use of the Services offered by Bodaboda is at Your sole risk and that Bodaboda disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.

12.4 Without prejudice to the above, Bodaboda makes no representation or warranty that the Services will meet the customer’s requirements. In all circumstances Bodaboda liability is limited to the service fee paid by You for the transaction in question.

12.5 Bodaboda will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

12.6 Bodaboda shall be entitled at any time without giving any reason to terminate the request for services from You.

12.7 If You have any complaint in respect of the Services, You must inform Bodaboda of the same in writing within 24 hours of using the Services of Bodaboda.

12.8 Bodaboda shall not be liable for any conduct or behaviour or actions of third party service providers. However, Bodaboda encourages you to notify it of any complaints that you may have against the service provider that you may have hired using Bodaboda services.

12.9 Riders will only run Your errands as per your instructions. In the interest of user privacy, riders do not check any bags or packages for any contents. You are solely responsible for the contents of the packages.

12.10 Scheduling and rescheduling a task depend on the availability of Bodaboda riders at the time of scheduling and at the time of running the task. Should you choose to reschedule a task at a later point in time it will be considered as a new task.

12.11 If a rider/ service provider /merchant cannot fulfil any of your tasks, you will be notified as soon as is reasonably possible.

12.12 Under no circumstances can we run any tasks which are immoral or unlawful in nature. Bodaboda reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unlawful/banned. Bodaboda may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party.

12.13 To help the service provider to serve you better, please provide as much information as possible regarding the task.

12.14 The Company is hereby authorized to use the location based information provided by any of the telecommunication companies when You use the mobile phone to request a service. The location based information will be used only to facilitate and improve service offerings to You.

12.15 In the event your task requires the purchase or sale of any product or service, such product or service is provided to you from a third party merchant. Any grievance with such product or service should be raised with such merchant. You understand and acknowledge that except for the Services, Bodaboda by itself does not sell or provide any such product or service. Bodaboda is not responsible for the quality, merchantability or fitness of such product or service.

13. Pick Up and Drop Off Terms

These pick up and drop off terms (“PND Terms”) are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy. In this case, these rules and regulations with respect to Bodaboda (India) Pvt. Ltd.  (“Bodaboda”) will include, (i) these PND Terms, (ii) Terms of Use (https://Bodaboda.in/terms.html), and the (iii) the Privacy Policy (https://Bodaboda.in/privacy-policy.html), for access or usage of www.Bodaboda.in (“Website”) and the Bodaboda mobile application (“Bodaboda App”).

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

  • 1. As agreed by you in the Terms of Use, Bodaboda enables a registered user of the Bodaboda App to connect with independent service providers (“Bodaboda Rider”), to fulfil tasks raised by such user. Such tasks could include, tasks to pick up and drop items from one location (“Pick-Up Location”) and to drop to another location (“Drop Location”) (such pick up and drop off tasks, “Pick-up/Drop-off Task(s)”).
  • 2. You understand and agree that the pick-up and drop service is provided to you by the Bodaboda Partner directly. Bodaboda merely acts as a technology platform to facilitate such tasks raised by you, and Bodaboda does not assume any responsibility or liability for any deficiency in the service on part of the Bodaboda Partner.
  • 3. You agree that if the Bodaboda Partner picks up certain item(s) from a Pick-Up Location on Your behalf, the Bodaboda Partner does so on your sole instructions under the task raised by you. Bodaboda is not a retail store, restaurant, food delivery service, merchandise delivery service, a courier or shipping service or food preparation entity.
  • 4. You acknowledge and agree that the Pick-Up Location and the Drop Location have been voluntarily added by you on the Bodaboda App. You agree that your location data is collected in accordance with Bodaboda Privacy Policy.
  • 5. You agree that you shall not request for a Pick-up/Drop-off Task on the Bodaboda App, for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation.
  • 6. You agree that before initiating a Pick-up/Drop-off Task on the Bodaboda Platform, you are well aware of these contents of the package sent or requested by you through registered Bodaboda Partners, and that such contents are legal and within limits of transportation under any applicable law. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances).
  • 7. You also agree that you shall not request for dispatch of item(s) which require a special transportation permit or require any special license under applicable law.
  • 8. You are also aware that the Bodaboda Partner may choose to not deliver item(s) for any reason whatsoever.
  • 9. You also agree that, upon becoming aware of the commission any offence or your intention to commit any offence upon initiating or during a Pick-up/Drop-off Task of any item(s) stipulated under paragraph 6 of these PND Terms or otherwise restricted under applicable law, the Bodaboda Partner may report such information to the law enforcement authorities.

14. Cancellations

  • As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same. If you cancel your order after it has been confirmed, Bodaboda shall have a right to charge you cancellation fee of a minimum INR 20 upto the order value.

 

15. Compliance with Applicable Law

13.1 You agree that You shall not use any Bodaboda Platform in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation, Bodaboda Content:

(a) in violation of any applicable law or regulation,

(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others,

(c) That belongs to another person and to which the user does not have any right to,

(d) That is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever,

(e) Harm minors in any way,

(f) Deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature,

(g) Impersonate another person or entity,

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Bodaboda computer systems or site or Bodaboda users, customer’s computer systems or site,

(i) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.

16. Intellectual Property Rights

14.1 The Services provided by Bodaboda is premised on a proprietary software developed and made available exclusively by Bodaboda. Bodaboda is the sole owner of the App, Website and all software created to provide You with the Services. Bodaboda provides You with a single limited license to download, use and access the App/Website on Your mobile telephone devices for the limited purpose of using the Services. The license is specifically personal, non-transferable, and non-exclusive. All content on the App or the Website, which is including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content (“Content”) are the exclusive and sole property of Bodaboda. You may not copy, reproduce or use such Content without due attribution of ownership to Bodaboda. All icons and logos are trademarks of and proprietary to Bodaboda. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

14.2 All Content is the exclusive copyright of Bodaboda or its licensors, except the Third Party Content and link to third party website. Systematic retrieval of Bodaboda Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Bodaboda is prohibited. In addition, use of the Content for any purpose not expressly permitted by Bodaboda in these Terms is prohibited and may invite legal action.

17. Acceptance of Terms

15.1 These Terms shall remain in full force and effect for so long as it is posted on any of our Platforms. You may terminate your use of the services at any time.

15.2 Bodaboda reserves the right to terminate Your account or Your access to the Platforms immediately, with or without notice to You, and without liability to You, if Bodaboda believes that You have breached any of these Terms, furnished Bodaboda with false or misleading information, or interfered with use of the Platform by others.

18. Disclaimer of Warranties and liability

16.1 All the material and products on our Platforms, (including but not limited to software) and services, included on or otherwise made available to you through our Platforms are provided on “AS IS” and “AS AVAILABLE” basis, without any representation or warranties, express or implied, except otherwise specified in writing. Without prejudice to the forgoing paragraph, Bodaboda does not warrant that the Website or App and services provided pursuant thereto will be constantly available or available at all.

16.2 Bodaboda will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with its Platforms. Bodaboda does not warrant that the Website; information, Content, materials, product (including software) or services included on or otherwise made available to you through its Platforms; their servers; or electronic communication sent from us are free of viruses or other harmful components.

16.3 SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL BODABODA OR ITS EMPLOYEES OR ITS DRIVERS AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY BODABODA FROM YOU AS SERVICE FEES FOR THE SERVICES RENDERED FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR DRIVERS.

19. Cancellations and Refunds

17.1 We will proceed with the execution of Your task upon confirmation from You. Should You thereafter wish to cancel the task, You may incur a service fee if we have already commenced work.

17.2 If a third party vendor has been engaged or We have incurred a cost with a third party vendor, You cannot cancel the task. You will in such circumstances be subject to the cancellation and refund policies of such third party vendor.

17.3 Whilst we surely hope not, but We may need to cancel Your order in any of the circumstances below:

(a) in the event of the designated address following outside the delivery zone offered by us;

(b) if in our discretion the task involves the supply of goods/services that may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.

(c) Inability to proceed/complete the task due to lack of information, direction or authorization from You;

(d) Inability to complete the task due to reasons beyond Our control.

17.4 Refunds may be provided only when the task has been pre-paid. In any one of the following circumstances we may provide a refund:

(a) Your order packaging has been tampered or damaged at the time of delivery;

(b) Us cancelling Your order due to the area of delivery being outside the jurisdiction of the services offered by us or by third party vendors;

(c) You cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.

17.5 Our decision on refunds shall be at our sole discretion and shall be final and binding. All refund shall be processed and credited to your account in accordance with the terms that may be stipulated by the rider payment merchant and/or associated bank.

 

20. Exclusions and Limitations

Those who access or use our Platforms from other jurisdictions do so at their own volition and are responsible for compliance with the local law.

21. Indemnity

You agree to defend, indemnify and hold harmless Bodaboda, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and Drivers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from:

  • (a) Your use of and access to our Platforms in a manner except as permitted herein;
  • (b) Your violation of any of these Terms or any applicable law;
  • (c) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or

This indemnification obligation will survive the termination of Your account or use of services and the App.

22. Additional Terms

We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through our Platforms. These additional terms are part of these Terms, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.

23. Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of our Platforms (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our Platforms.

You may discontinue using the services at any time. You may also delete your account by writing to us at helpdesk@bodaboda.in. Deletion of your account will be effective once all outstanding credits to your account have been cleared. Please note, upon deletion of your account we may still retain some information and record of transactions as required by any law, contract or policy applicable to Us.

24. Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Bodaboda without restriction.

 

25. Integration Clause

These Terms together with the Privacy Policy and any other legal notices published by Bodaboda on its Platforms, shall constitute the entire agreement between you and Bodaboda concerning its Platforms and governs Your use of our Platforms and Service, superseding any prior agreements between You and Bodaboda with respect to our Platforms and Service.

26. Waiver and Severability of Terms

The failure of Bodaboda to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

27. Governing Law and Venue

These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Ahmedabad.

28. Grievance Officer

In case of any grievance arising from the use of the Website or the App, please write to the Grievance Officer at support@Bodaboda.in

 

 

 

 

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