Please refer to the POLICY ON SECURITY DEPOSIT
ANNEXURE A- DEFINITIONS
These terms and conditions shall regulate and govern the relationship between “Bounce” (as defined hereinafter, which expression shall, unless repugnant to the context or meaning thereof deemed to include their executors, administrators, legal representatives, permitted assigns and shall include it’s group companies including subsidiaries ) and the User (as defined hereinafter, which expression shall, unless repugnant to the context or meaning thereof deemed to include his/her heirs, administrators and executors). Bounce and the User are hereinafter collectively referred to as "Parties" and individually as "Party".
These terms and conditions (as amended from time to time including all Schedules and Annexures hereto) shall constitute a legally valid and binding contract under the Applicable Laws and the use of any Services either through Bounce’s Website or Application (hereinafter to as App”) by the User shall be deemed to be an acceptance of all the terms and conditions set forth herein. Users are advised to read these terms and conditions carefully before using/registering on the Website/ App or availing Services through the same. If a User disagrees with any of these terms and conditions, the User is advised not to use the Website/ App or avail any Services being offered through them. Bounce reserves the right to alter/modify/change these terms and conditions in its sole discretion, from time to time, with or without prior notice to the User. Notice of any changes shall be made by Bounce promptly and communicated/brought to the attention of the User in such manner as it deems fit. In the event of any conflict between these terms and conditions and any other document with respect to Bounce’s other programmes, these terms and conditions shall govern except where expressly otherwise set forth by Bounce in writing.
All terms and expressions when used with capitalized first letter shall have the meaning ascribed to them under ANNEXURE A. All terms and expressions which have been defined elsewhere under these terms and conditions shall have the meaning ascribed to them thereat if defined for use in bold within by quotes (“”).
User shall avail Services offered by Bounce only on completion of registration as a User either through its Website/ App. All applications for registration shall satisfy the eligibility criteria and be supported by necessary documentation provided under ANNEXURE B. Satisfying the eligibility criteria required to become a User shall not automatically give an applicant the right to avail the Services. Acceptance of the registration is subject to approval by Bounce at its sole discretion. Bounce reserves the right to examine and verify the authenticity of the documentation provided by the Users. User agree and acknowledge that the registered mobile number provided during the registration shall be used for making requests for services and receiving all communications from the Company. Hence, the responsibility of any action taken in pursuance of the instruction received from/sent by User mobile shall be of User and deemed to have emanated from /confirmed by the User.
All bookings to avail Services through the Website/App have to be made solely by User. The User shall not make bookings on behalf of or for the benefit or any other person or body corporate. Breach of this term shall constitute a material breach of these terms and conditions and the User shall be liable for all consequences arising from any and all acts and omissions of the actual user of the Vehicle/(s). Further, in the event the User contravenes the foregoing term, the User shall be liable to pay any penalty levied by Bounce in this regard, notwithstanding Bounce’s right to terminate the Users registration. Bookings shall be processed by Bounce on a first-come first-serve basis. Bounce does not guarantee the availability of any particular Vehicle at any given time. The User shall pay such Fees as may be prescribed by Bounce from time to time, towards availing the Services. Any extension of the initial rental period of the Vehicle will be granted subject to availability of the concerned Vehicle.
b. Vehicle Pick-Up and Return
The pre-booked Vehicle shall be picked up by the User from the designated Bounce parking or any other destination as specified by Bounce or may be delivered at a location of User’s request to be decided as per Bounce’s sole discretion, after verifying his/her identity and on completing the requisite paperwork. Booking time shall be calculated from the moment the User gains possession of the Vehicle. Prior to taking possession, it shall be the User's responsibility to inspect the Vehicle carefully. In the event of any damages or malfunction, the User should inform Bounce of the same immediately, failing which Bounce shall not be responsible for any consequences arising there from. At the end of the booking, the User shall return the Vehicle at such place as designated by Bounce from time to time or any such place as specified by the User while booking the Vehicle. It shall be the responsibility of the User to return the Vehicle in the same condition as it was received, normal wear and tear excepted and also return all documentation such as registration certificate, insurance certificate, etc (if applicable and provided in original or copy). In case of damages and/or repairs to the Vehicle on account of the use by the User, the User shall bear all expenses in relation to the same. Bounce shall also be entitled to levy a penalty on every day that the User is in delay of returning of the Vehicle.
c. User Responsibility
i) From the time the Vehicle is picked up by the User, and until it is returned, all risks associated with such custody of the Vehicle shall be with such User and the User shall be responsible for securing the Vehicle from external factors including human or generally known adverse weather conditions. ii) Under no circumstances can the User allow a third party other than himself/herself to use the Vehicle that has been obtained by the User from Bounce iii) User shall follow all safety precautions including wearing of helmet that is mandated under all the Applicable Laws . User is aware of the all the Applicable Laws and refrain from;a) Ride with more than one person as pillion is prohibited. b) Use / ride the Vehicle under the influence of alcohol/drugs. c) Ride while using electronic gadgets like radio/ music, video, camera, phone by the rider or the pillion. d) Using Vehicles to carry unlawful/ hazardous or prohibited material. e) Using any fuel other than how it is prescribed for the select model. iv) The User shall use/operate the Vehicle in compliance with all Applicable Laws. v)The User shall use/operate the Vehicle only within Designated Area specified under booking made. If the User is using the Vehicle beyond the areas then the same shall be intimated in advance by writing.vi)The User shall comply with all safety standards and measures including but not limited to applicable speed limits, child restraint laws and any other instructions being displayed/ communicated by the concerned authorities through marks or sign boards in various locations where the Vehicle is driven by the User.vii) The User shall comply with speed limitation, traffic rules or directions of the police or other enforcement agencies. If there is any violation of a traffic rule or any other law such as, over speeding, jumping a signal, riding with two pillions, riding without a helmet, parking illegally etc., the User has to pay all the fines/penalties. If any case is registered by the police authorities against Bounce, being the owner or permit holder of the Vehicle, the User has to compensate Bounce all costs, fines and legal fees incurred.viii)If the User over speeds beyond the limit set as per the traffic rules or is in violation of any Applicable Laws, Bounce shall not protect the User from any loss or damage to the Vehicle, himself/herself and the third party through the insurance that it has and the User shall personally be liable for all the loss or damages caused.ix)In the event of theft of the Vehicle or any component/part thereof, the User must report the incident to Bounce immediately and file a complaint at the nearest police station. The User will be held responsible for any discrepancy or misinformation if any in the filing of the complaint and appropriate action may be taken by the concerned authorities, legal or otherwise.x)The User must ensure the safety of all equipment provided with Vehicle including but not limited to helmets, GPS navigation system of the Vehicle. In case any equipment is misplaced by the User, he/ she will be charged for the same at the discretion of Bounce xi)The Users shall undertake full responsibility of their belongings. In case any User claims to have left back any belongings inadvertently in a Vehicle after the completion of the booking, Bounce shall endeavour to locate the lost belongings on a "best-effort" basis provided the User notifies Bounce of the same within 90 (Ninety) minutes of the successful return of the Vehicle post completion of the booking. However, Bounce shall not be held responsible for such loss or damage to such belongings under any circumstances’)The User shall be responsible for keeping his/her any Bounce account related information, password and/or PIN numbers in strict confidence and to not make such passwords or PINs available to third-parties. The User shall be solely responsible for any associated costs and/or damages in connection with any and all unauthorized use of such passwords and/PINs, by third-parties. If the User has reason to believe that a third-party may have obtained a password and/or PIN in an unauthorized manner, the User shall intimate Bounce of the same and change the compromised password and/or PIN instantly.
The above list is only indicative and not exhaustive. Bounce reserves the right at its sole discretion to identify any additional responsibilities to be complied with by Users. xiii)Reporting of Accidents, Damages and Vehicle Failure/Breakdowns. In the event of a Vehicle breakdown or failure, the User should inform Bounce of the same immediately and the location and kind of defect . Subject to availability of alternative Vehicles, Bounce may provide a replacement Vehicle to the User or Bounce may send a mechanic or may provide necessary services to the User. However, Bounce is not assuring a definite timeline for providing service, the same is depending on the location of the Vehicle and kind of failure of the Vehicle, availability of the mechanic, spare parts etc. if such failure or breakdown had not arisen on account of the Users negligence and/or default. The User shall also have to bear the expenses of towing, repair and other costs if such failure or breakdown had arisen on account of the User’s negligence and/or default.xiv)All accidents, and/or damages to the Vehicle, summons or notices issued by police, courts and other authorities in relation to incidents and/or acts concerning the Vehicle while it was under the custody of the User shall be intimated to Bounce without any undue delay within one hour of such incident. The User shall also report in writing, the entire events in detail regarding such accident/incident. In case of an incident involving property damage to the person or property of any third party, arising out of the use of a Vehicle by a User, such User must file an official police complaint and, mandatorily provide a jointly agreed-upon statement, and complete Bounce’s incident report form, and cooperate with Bounce in obtaining the following information:(a) Date, time, and place of incident;(b) The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate's number (with name, address and phone number of the insurance agent);(c) The names, addresses, and driver's license numbers of the persons involved in the incident;(d) The name, address, and driver's license number of the owner of the vehicle (if he or she is not the driver);(e) The name, addresses, and phone number of witnesses, passengers, and any other involved persons;(f) Circumstances of the incident describing immediate surrounding environment and Vehicle position prior to the incident; and
xv)The User shall be liable to indemnify Bounce for any loss/injury sustained by it on account of the User’s discrepant, inconsistent or distorted complaint.xvi)Investigation of Accidents. The User shall cooperate with Bounce and any other claims adjustment service in order to obtain findings in relation to any incident/accident involving Bounce’s Vehicle during the course of its use by the User. The User shall cooperate fully with Bounce in the investigation and defence of any claims or lawsuit by or against Bounce. The User 's Bounce accounts may be suspended until such investigation has been concluded. In case of any accidents/damages, the liabilities with regard to any out of court settlement initiated or accomplished by the User with third parties without prior written consent of Bounce will be solely borne by such User. In case of any damage to the Vehicle during the course of its use by the User, Bounce shall be entitled to charge an amount equal to cost of repairing the Vehicle, to the extent that is not covered by Bounce’s insurers and additionally, the loss of revenue, if any to Bounce, as a result thereof. If any accident or damage to the Vehicle is caused due to violation of the terms and conditions contained herein or the Applicable Laws, the User has to bear the entire cost of repair of the Vehicle, damages caused to third parties and compensation required to be paid to the victim. xvii) User undertake to charge electric Vehicle only with Bounce provided electric battery charger or swap Bounce Vehicle electric battery with Bounce provided EV battery (“Bounce Battery”) only (in case of using Bounce battery as a service). User shall comply with the Bounce policy with regard to usage of the EV battery and charger. User will use EV battery and charger only while availing services of Bounce and not for any other purpose whatsoever including but not limited to on any other vehicle, two-wheeler, equipment, device, machine etc. In case of any negligence on part of the User under this clause. xvii. User shall be responsible for all kinds of accidents, penalties, losses etc. arising from such unauthorised usage of Bounce Vehicle and keep indemnified Company, its officers and Directors, employees and service providers against any claim, damages or liabilities of whatsoever nature.
d. Insurance and Liability
In the event the User is in full compliance with the terms and conditions of Bounce’s policies, Bounce shall provide primary third-party liability protection, to the extent of claims / liabilities covered by Bounce’s insurers on its Vehicles for any/ all claims and/or liabilities arising during the use or operation of the Vehicle by the User. The User shall be responsible for any associated deductible charges directly/indirectly personally attributable to the User’s default or otherwise as per the sole discretion of Bounce. In the event it is determined that losses/claims mentioned hereinabove exceed the insurance coverage obtained by Bounce, the User will be liable for any such excess claims/ losses/ damages. Bounce is not responsible for any damage to, loss or theft of, any personal property belonging to the User, his/her co-passenger or third-parties, under any circumstances. The liability protection hereunder applies only to claims of third-party in respect of bodily injury, death or property damage, other than to the Vehicle, arising from the use of Bounce’s Vehicle as stipulated under these terms and conditions and the Applicable Laws. The benefits extended under these terms shall be limited to the extent Bounce’s insurance coverage applies. Bounce shall not be liable to the User, his/her co-passenger for any indirect, special, punitive, or consequential damages (including lost profits) arising from or related to Bounce’s Vehicle, its use, or these terms and conditions.
e. Cancellation of Bookings, Refund and Reimbursements
All bookings made through the Website/App shall be cancelled through the same. The User may also cancel bookings by calling Bounce’s helpline number and any cancellation communicated in this manner shall be valid, subject to the User identifying himself/herself and providing adequate details regarding the booking. On verification of the User’s identity and booking details, and confirmation of the User’s request to cancel the booking, the User shall be intimated of the cancellation in such mode and manner as may be prescribed under Bounce’s Cancellation, Refund and Reimbursement Policy. Reimbursements on any cancellations shall be made subject to applicable deductions in accordance with Bounce’s Cancellation, Refund and Reimbursement Policy. There shall be no reimbursements for expenses borne by the User without the prior consent of Bounce.
- PROHIBITED USE
4.1 Vehicles shall be used exclusively by the Users for their personal use only. Users shall not allow/authorize any other person/(s) to use or operate the Vehicles or act as a custodian thereof.4.2 Vehicles cannot be used beyond the Designated Area. The User must ensure that the number of passengers in the Vehicle does not exceed the seating capacity of the Vehicle.4.3 Vehicles cannot be used as carriers for transporting people, goods or objects for monetary gain4.4 Vehicles cannot be used for races, exhibitions and/or any contests and/or performance of stunts4.5 Vehicles cannot be used for towing, pushing and/or propelling other Vehicles or objects. Vehicles shall not be used in a manner as to cause excessive wear and tear or damages to the same. Bounce shall penalize the User if it is found that the User has caused excessive wear and tear to the Vehicle. 4.6 Vehicles cannot be used in/ in connection with any anti-social or criminal activities. Vehicles cannot be used by any User for any activity which is deemed illegal under the Applicable Laws.4.7 Vehicles cannot be used in violation of Applicable Laws including but not limited to traffic laws, rules and regulations. 4.8 Vehicles shall not be used/ operated by Users under the influence of any intoxicants or mind-altering substances. 4.9 The Users shall not attach any external fixtures or fittings to the Vehicle nor tamper with the Vehicle in any manner whatsoever including but not limited to tampering of Bounce’s branding on the Vehicle and its parts.4.10 Users are prohibited from carrying the following items on the Vehicles: (i) Weapons or any sharp or inflammable objects which may cause damage to the Vehicle or endanger human life; (ii) Any item/object whose possession has been deemed illegal as per Indian Law; (iii) Any item or object which compromises the stability, safety or performance of the Vehicle and/or the passengers.4.11 Bounce explicitly prohibits using/sharing of Vehicle with minor/children. Vehicles shall be used exclusively by the Users for their personal use only. Users shall not allow/authorize any other person/(s) to use or operate the Vehicles or act as a custodian thereof including but not limited to minors under the Laws of India. In case of any breach/violation of this clause appropriate legal action including civil or criminal action can be taken at the sole discretion of Bounce against said User and against minor found using Vehicle.
The above list is only indicative and not exhaustive. Bounce reserves the right at its sole discretion to identify any activity/ use as inappropriate and prohibited. Any unreasonable, unwarranted, illegal, unethical or inappropriate use of a Vehicle except as expressly permitted hereunder, and as determined appropriate by Bounce in its sole discretion, shall be deemed a material breach of these terms and conditions. The Users shall be solely responsible for any unfortunate consequences (including but not limited to penalties, damages, losses, injuries to self and third parties) arising from the use of the Vehicles and Bounce in no manner whatsoever shall be responsible for the same. Without prejudice to its rights, claims and contentions under the law and equity, Bounce reserves to terminate/suspend the Users’ registration and/or withdraw Services rendered to the User and/or levy a penalty, in the event Users indulge in using/operating the Vehicles in a manner prohibited by Bounce.
- REPRESENTATIONS AND WARRANTIES
The User hereby represents, warrants and covenants that all information provided by it is true and correct and that no misrepresentations or misleading statements have been made. The User further represents, warrants and covenants that it satisfies the eligibility criteria set out under ANNEXURE B, has all requisite competence, power and authority to accept these terms and conditions and to perform its obligations hereunder and it will perform its obligations and fulfil its responsibilities under these terms and conditions in a manner that complies with Applicable Laws.
- CANCELLATION AND TERMINATION OF REGISTRATION
The User’s registration with Bounce shall be valid and subsisting unless specifically cancelled/terminated by Bounce. Without prejudice to its rights, remedies and contentions under the Applicable Laws, Bounce reserves the right to cancel/terminate the User’s registration on account of any breach of the provisions of these terms and conditions, if the any of representations and warranties made by the User are found to be false and on account of violation of the Applicable Laws. Bounce at its sole discretion may allow the User to rectify its breach within such period of time as may be prescribed by Bounce, however, the same shall not be construed as a waiver of any rights, claims and contentions, Bounce may have under the law and equity.
- INDEMNITY AND LIMITATION OF LIABILITY
The User shall indemnify, keep indemnified and hold Bounce harmless and its directors, officers, employees, agents and representatives from and against any action, suits, complaints, proceedings, damages, losses, costs, expenses (including reasonable attorney's fees and court costs), fines, penalties, claims, counterclaims, actions or liabilities incurred or suffered by Bounce and/or of its directors, officers, employees agents and representatives in any manner as a result of (a) any breach by the User, of the terms and conditions set forth herein, of any of its representations or warranties or obligations as set forth hereunder; and (b) any act or omission of the User that results in personal injury (or death) or tangible or intangible property damage (including loss of use) to any third-party. The User hereby acknowledges that under no circumstances shall Bounce its employees, directors involved in providing the Bounce and related Services be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from (i) the provision of the Services, or (ii) the User’s use of or inability to use, the Services or any damages whatsoever, including punitive or exemplary (including, but not limited to loss of profits, loss of data or other intangible information, business interruption, loss of privacy, or any pecuniary loss), arising out of or in any way connected with the provision of the services or resulting from unauthorized access or alteration of instructions given through phone or internet or other communications by the User or any related message for any reason whatsoever, whether based on contract, tort, strict liability or otherwise except in case of wilful default or gross negligence on part of Bounce. The total liability of Bounce under these terms and conditions shall in no event exceed the total Fees paid by the User in relation to the Services.
- FORCE MAJEURE
If the compliance of its obligations under these terms and conditions by either Party is delayed, prevented, restricted or interfered with by reason of Force Majeure, then the Party so affected, upon giving prompt written notice to the other Party, shall not be liable for non-performance of such obligations.
- GOVERNING LAW AND JURISDICTION
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 have exclusive jurisdiction.
- DISPUTE RESOLUTION
In the event of any dispute between the Parties, the Parties shall first attempt to resolve the dispute amicably within 15 (fifteen) days of raising a notice of dispute on the other Party. In the event the amicable resolution of dispute fails, the Parties shall refer the same to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration panel shall comprise of a sole arbitrator to be mutually agreed upon by the Parties. The venue of arbitration shall be Bangalore and the language of arbitration shall be English.
- OFFERS AND PROMOTIONS
Bounce reserves the right to suspend User/Hirer account and/or revoke any and all promotions or credits at any time if Bounce 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 booking the Vehicle will be applicable and will precedent all previous terms and conditions
The rights and obligations of the User under these terms and conditions are not assignable or transferable, in whole or part. Any attempt to transfer the same without the written consent of Bounce shall be void and of no force and effect. Bounce reserves the right at its sole and absolute discretion to assign the rights and obligations under these terms and conditions to an affiliate or to another entity in connection with a corporate transaction or otherwise. If any clause or provision of these terms and conditions, or the application of such clause or provision, is held invalid by a court of competent jurisdiction, the remainder of these terms and conditions, and the application of such clause or provision to persons, or circumstances other than those with respect to which it is held invalid shall not be affected. Waiver by Bounce of any term or condition of these terms and conditions at any one instance shall not be deemed or construed to be a continuing waiver of such term or condition for the future or any subsequent breach thereof. Nothing in this these terms and conditions will be deemed to either constitute a partnership or agency between the Parties for any purpose. Bounce shall render all the Services as an independent contractor. It is intended that the obligations under these terms and conditions shall always be maintained and performed on an arm’s length basis.
In these terms and conditions, unless repugnant to the context thereof, the following terms shall have the meaning ascribed to them hereunder:
1.“App/Application” shall mean Bounce’s software application available on iOS and Android operating systems.
2. “Applicable Law” includes all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders, requirement or other governmental restrictions or any similar form of decision of, or determination by, or any interpretation, policy or administration of, any government, statutory authority, tribunal, board, court having jurisdiction over the matter in question in India.
3. “Bounce” shall mean Wicked Ride Adventure Services Private Limited, a company incorporated in India and having its registered office at #33, 1st Main Road, JP Nagar III Phase, Bangalore 560078._
4. “Cancellation, Refund and Reimbursement Policy” shall mean the policy formulated by Bounce from time to time regulating the terms of cancellation of bookings, refund and reimbursements of monies to the Users.
5. “Fees” shall mean the fees to be paid by the User including any refundable security deposit towards availing the Services, as may be determined by Bounce in its sole discretion, from time totime.
6. “Force Majeure” shall mean and include fire, flood, earthquake, elements of nature, epidemics or quarantine restrictions or acts of God or terror; riots, civil disorders, rebellions, or revolutions in any country; strikes, lockouts, or any other similar cause beyond the reasonable control of a Party, not reasonably foreseeable, not caused by acts or omissions of the Party affected and that could not have been avoided through a work around plan which prevent the Party from discharging its obligations under these terms and conditions.
7.“Personal Information” shall meanthe name, address, contact numbers, email id, gender, age, driving license details, address proof, identity proofs, device location, internet protocol address and other data shared by the User with Bounce.
8. “Services” shall mean the various types of vehicle rental and ancillary services provided by Bounce.
9. “User” in the case of a legal natural person shall mean the individual/hirer who registers with, avails the Services of and uses/operates/hires the select models of Vehicle(s) from the list of wide varieties of Vehicle(s)/bike(s) owned and operated by Bounce ; and in the case of a body corporate shall mean the body corporate which registers with and avails the Services of Bounce and all legal natural persons/hirers who use/operate/hires the select models of Vehicle(s) from the list of wide varieties of Vehicle(s)/bike(s) owned and operated by Bounce 10. “Vehicle” shall mean all vehicles used for the purposes of rendering the Services owned/ under the control and possession of Bounce.
10. “Website” shall meanwww.bounceshare.comIn these terms and conditions, unless the context otherwise requires:a. a reference to a ‘Clause’ or ‘Annexure’ is a reference to a clause of or annexure to these terms and conditions;b. a reference to these terms and conditions is a reference to these terms and conditions as amended, novated, supplemented, varied or replaced from time to time, except to the extent prohibited by these terms and conditions;c. where a word or phrase is defined, its other grammatical forms have a corresponding meaning;d. the singular includes the plural and conversely;e. a gender includes all genders;f. a reference to conduct includes any omission and any statement or undertaking, whether or not in writing;g. mentioning anything after the word ‘include’, ‘includes’ or ‘including’ does not limit what else might be included; andh. the headings and titles in these terms and conditions are indicative and shall not be deemed part of these terms and conditions or taken into consideration in the construction of these terms and conditions.
ANNEXURE B-ELIGILIBILTY CRITERIA AND SUPPORTING DOCUMENTS
1. Eligibility Criteria:
a. Users must be above the age of 18 (21 years of age in respect of certain categories of Vehicles)b. Users must possess a valid driver’s license issued by the Government of India to operate the Vehicle.c. Users must possess sufficient identity, age and address proof
2.Supporting Documents:a. Proof of Identityb. Proof of Agec. Proof of Permanent Addressd. A valid Driver’s License to operate the Vehiclee. Recent colour photographs