TERMS AND CONDITIONS

These terms and conditions, including the General Terms and Special Terms along with any agreements executed or accepted by you ("you/ your" or "User" or "Customer"), which are incorporated herein by reference ("Terms") when you access, use or interact with the mobile application ("BYKIT App") or website available at www.bykit.in (collectively, "Platform") whether through a computer or a mobile phone or any other device ("Device") or avail the Services (defined hereinafter) provided by Shubh Bikers LLP, a limited liability partnership firm having its registered office at 544, Andul Rd, Podara, Mourigram, Howrah, West Bengal 711109 ("BYKIT" / "Company" / "us", "we" or "our").

All the Services provided by the Company to you would be by means of your use of the Platform. These Terms will govern the relationship between you and the Company in the course of provision of the Services. These Terms govern your access/interaction or use of the Platform and/or availing of Services.

Please read these Terms carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform, or availing the Services. By using this Platform or availing the Services, you acknowledge that you have read and understood these Terms and agree to be bound by these Terms, without any limitation or qualification. If you do not agree with these Terms, please do not access the Platform or avail the Services.

These Terms expressly supersede prior agreements or arrangements with you. Use of and access to the Platform is offered to you upon the unconditional acceptance by you of all the terms, conditions, and notices contained in these Terms and Privacy Policy (which is incorporated herein by reference), along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time.

We provide the following services ("Services") to you:

Shubh Bikers LLP operates a technology based electronic platform service called ‘BYKIT’ which seeks to provide drivers-on-demand to customers who wish to obtain the services of a drivers.

BYKIT is a platform which enables the hiring of drivers by you through the Application in mobile telecommunication devices and through the Website for your two wheeler vehicle from the pick point to the selected workshop/service centre as available on the said app and upon completion of servicing of the vehicle from the said service station back to your pick up point. The Service is designed to offer you information and a means of obtaining short-term private driver solutions to coordinate round-trip private driver services to and from the selected service station, at user’s request. As a User, you authorize the opted Driver to operate your vehicle and make decisions on your behalf during a period of time designated by you. You should ensure that your vehicle has sufficient fuel to facilitate the round trip of your vehicle from the pick up point to the selected work station/service centre and then from the service centre back to the pick up point. Please note the fuel required for travelling the distance from the pick up point to the workstation and from workstation to the pick up point shall be provided by you and neither the Drivers nor the Company shall be responsible for the same.

The Drivers offering their services on the BYKIT platform are individuals and independent service providers who have opted to enlist themselves with BYKIT. The drivers are screened and trained prior to being listed as a driver on the BYKIT platform. At no point can the driver represent himself to be an employee of Shubh Bikers LLP /BYKIT. The user terms and conditions in here expressly provide that the drivers are independent service providers and are not employees of Shubh Bikers LLP /BYKIT.

'BYKIT' aims at bringing drivers/operators (service providers) and customers owning private two Wheeler on a common platform by which the said customers can place a request for the services of a professional driver for picking up their vehicle from their pick up point to the selected workstation as available on the said app and upon completion of the service work at the workstation to pick up the said vehicle from the said work station and deliver to the customer at the pick up point.

The e-commerce platform brings the customer into contact with a driver so as to avail the latter’s services, subject to the availability of drivers in or around the customer’s location at the time of registering his request.

Unless otherwise agreed by BYKIT/Company in a separate written agreement with you, the Services are made available solely for your personal and noncommercial use.

You acknowledge that BYKIT does not provide transportation or logistics services or function as a transportation carrier and that all transportation services are provided by independent drivers who have enlisted themselves with ByKiT and who are not employed by BYKIT or any of its affiliates.

In relation to your use and access of the Platform or for availing the Services, you represent, warrant, and provide the following undertakings:

1. For the purposes of registration/creation of an account on the Platform, you confirm that you are 18 years of age.
2. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use Your Account (defined below), and you may not allow persons under the age of 18 to receive Services through Drivers unless they are accompanied and/or overseen by you. However, you agree to take full responsibility for the use of Services by such minors including in respect of ensuring their safety while availing such Services and BYKIT will not be responsible or liable for any consequences arising from the same.
3. If the Company becomes aware or it acquires credible knowledge that you have misled us regarding your age, then the Company reserves its rights to deactivate the account and you will not be liable to raise any claims including any insurance from the Company.
4. These Terms impose valid and legally binding obligations on you and are enforceable against you.
5. You confirm that you neither have had any insolvency proceedings against you nor have you ever been adjudicated insolvent by any court or other authority.
6. You are not restricted by any legal, regulatory, judicial, quasi-judicial or other authority, to access the Platform or avail the Services, including to enter into transactions contemplated for availing the Services.
7. You agree to use the Services only for purposes that are permitted by these Terms and in accordance with applicable laws.
8. By using the Platform or the Services, you authorize BYKIT, whether directly or indirectly through third parties, to collect information about you or make any inquiries necessary to validate your identity, in accordance with our Privacy Policy. Please read the Privacy Policy to understand how we collect, process, and share your information, including personal information and sensitive personal data or information (collectively, "Information").
9. Further, we may ask you for Information or documents that will allow us to reasonably identify you, requiring you to take steps to confirm your right over your email address and other information or verifying your Information against third party databases or through other sources. We reserve the right to terminate, suspend, or limit access to the Services in the event we are unable to obtain or verify this Information.
10. When you provide any Information to BYKIT, you agree to provide only true, accurate, current and complete Information. You understand and acknowledge that the responsibility to provide correct Information, including the contact information, bank account details, etc., as required in connection with the Services, lies solely with you. You must take all caution to ensure that there are no mistakes and errors in the Information you provide. We will not be responsible to verify the accuracy of the Information provided by you.
11. You are named or scheduled on the insurance policy covering the vehicle you use when engaging our Services. You have a valid policy of liability insurance (the coverage amounts consistent with all applicable legal requirements) for the operation of your vehicle to cover any anticipated losses related to your participation in the Services or the operation of your vehicle by the Driver. In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements and for all necessary contacts with your insurance provider. Other than any personal criminal liability attaching to the Driver you will be solely responsible for all consequences arising out of the use of the Service or the Driver. In any event BYKIT shall have no responsibility or liability on this account whatsoever.
12. You are hereby by booking our service at the said app have authorised the driver to pick up your vehicle from the pick up point to the selected service station as available on the app and dropping the same back to the pick up point upon servicing been done of the said vehicle. If the vehicle so picked up by the driver gets lost or stolen or meets with an accident during such trip then in such event the company shall not be held responsible for the same and you agree to keep the company indemnified in all respect and the company shall not be held liable for the payment of any compensation for the said loss caused to the customer in the course of availing such services under any circumstances whatsoever.

1. You must register on the Platform and create an account on the Platform ("Your Account") by providing accurate Information as sought during the registration process. You are solely responsible for maintaining the confidentiality of your credentials (username, password, etc.) provided upon registration and the Company is not liable for any loss you may incur as a result of someone else using Your Account, either with or without your knowledge.
2. Your Account cannot be transferred, assigned, or sold to a third party.
3. You agree to accept responsibility for all activities that occur in or from Your Account. You agree to establish reasonable security procedures and controls to limit access to the password or other identifying information of Your Account to unauthorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your Information. Your credentials include your username and password to Your Account and to any third-party account you have used to login to Your Account.
4. You agree to inform us immediately if you have any reason to believe that your login credentials have become known to anyone else, or if the password or Your Account is being or is likely to be used in any unauthorized manner.
5. BYKIT will not be liable for any breach of security or unauthorized use of Your Account.
6. The Company will forward your booking request made on the Platform ("Service Request") to the Drivers through an app-based Device operating on GPS-GPRS available with the Driver.
7. The Company may monitor and record calls made to the Drivers, for the purpose of training and improving customer care services, including complaint related services.
8. The Driver will have the sole discretion to accept or reject each Service Request.
9. If the Driver accepts the Service Request, a notification will be sent to you with the Information regarding the Driver including their name, contact number, etc.
10. The Company will make reasonable efforts to bring you in contact with the Driver so that you can obtain the Service subject to availability of the Driver in or around your location at the time of your Service Request.
11. Even after acceptance of the Service Request, the Driver may not reach your pick-up location or decide not to render the Service, in which event the Company will not be held liable.
12. The Company will not be liable if you do not download the correct mobile application to access the Platform or do not visit the appropriate web portal.
13. For the avoidance of doubt, it is clarified that the Company ‘BYKIT’ aims at bringing drivers/operators (service providers) and customers owning private two Wheeler on a common platform by which the said customers can place a request for the services of a professional driver for picking up your vehicle from the pick up point to the selected workstation and again picking up the said vehicle from the said work station back to the pick up point. The e-commerce platform brings the customer into contact with a driver so as to avail the latter’s services, subject to the availability of drivers in or around the customer’s location at the time of registering his request. It is the Driver who is responsible for rendering the services to you. You acknowledge that BYKIT is merely an intermediary and does not provide the services as a transportation carrier or Transportation Services and only facilitates the service of providing drivers to two wheeler owners i.e. you,for picking up your vehicle from the pick up point till the service station and then dropping your vehicle back to the pick up point and the said Drivers are independent third-party contractors (Drivers) and are not employed by BYKIT or any of its affiliates.
14. The Company reserves the right to discontinue or introduce any of the modes of Service Requests and/or for providing Services.

Subject to your compliance with these Terms, BYKIT grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by BYKIT and Shubh Bikers LLP.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by BYKIT; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

1. During use of the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions, advertisements or sponsorships showing their goods and/or services through a link on the Platform. These links take you off the Platform and are beyond the Company’s control. You therefore visit or access these websites entirely at your own risk.
2. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

1. The information, recommendations provided to you on or through the website or the Platform is for general information purposes only and does not constitute advice.
2. The Company will reasonably keep the Platform and its contents correct and up to date and offer you uninterrupted access but does not guarantee that the Platform is free of errors, defects, malware, and viruses or that the contents in the Platform are correct, up to date, and accurate. BYKIT assumes no liability whatsoever for any monetary or other damage or loss suffered by you on account of the delay, failure, interruption, or errors in the operation of the Platform.
3. The Company will further not be liable for damages resulting from the use of or the inability to use the Platform, including but not limited to damages resulting from failure or delay in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
4. If you choose to access the Platform from locations other than India, you will do so at your own risk, and you will be solely liable and responsible for compliance with applicable local laws and regulations of such location. The mere fact that the Platform can be accessed through the internet by you in a country other than India will not be interpreted to imply that the laws of the said country govern these Terms or use of the Platform. We accept no liability whatsoever, indirect or consequential, for non-compliance with the laws of any country other than India.
5. Access to the Platform or the Services may be unavailable, delayed, limited, or slowed, from time to time, due to the inherent nature of the internet and, among other things, also due to:
   1. Servers, networks, hardware failure (including your own computer or mobile), telecommunication lines and connections, and other electronic and mechanical equipment;
   2. Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
   3. Overload of system capacities;
   4. Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown, or natural disasters;
   5. Interruption (whether partial or total) of power supplies or other utility service, strike or other stoppage (whether partial or total) of labor;
   6. Governmental or regulatory restrictions, exchange rulings, court or tribunal orders, or other human intervention; or
   7. Any other cause (whether similar or dissimilar to the above) beyond the control of BYKIT.
6. The quality of the service requested through the use of the Platform is entirely the responsibility of the Driver who ultimately provides such services to you and Company is not liable for the same. However, any complaints about the Drivers should be submitted to Company by an email as notified from time to time.
7. The company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the services and/or the platform. The company does not represent or warrant that (a) the use of the service and/or the platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any services, information obtained by you through the platform will meet your requirements or expectations, (e) errors or defects in the services and/or the platform will be corrected, or (f) the platform or the server(s) are free of viruses or other harmful components,. The portal is provided to you strictly on an "as is" basis. You acknowledge and agree that the entire risk arising out of your use of the platform and / or the services remains solely and absolutely with you and you will have no recourse whatsoever to the company.
8. The Company will not be liable if you do not download the correct mobile application to access the Platform or do not visit the appropriate web portal.
9. For the avoidance of doubt, it is clarified that the Company ‘BYKIT’ aims at bringing drivers/operators (service providers) and customers owning private two Wheeler on a common platform by which the said customers can place a request for the services of a professional driver for picking up your vehicle from the pick up point to the selected workstation and again picking up the said vehicle from the said work station back to the pick up point. The e-commerce platform brings the customer into contact with a driver so as to avail the latter’s services, subject to the availability of drivers in or around the customer’s location at the time of registering his request. It is the Driver who is responsible for rendering the services to you. You acknowledge that BYKIT is merely an intermediary and does not provide the services as a transportation carrier or Transportation Services and only facilitates the service of providing drivers to two wheeler owners i.e. you, for picking up your vehicle from the pick up point till the service station and then dropping your vehicle back to the pick up point and the said Drivers are independent third-party contractors (Drivers) and are not employed by BYKIT or any of its affiliates.
10. The company shall not be held responsible for any vehicle so picked up by the driver been lost or stolen or having met an accident during the trip and the customers agree to keep the company fully indemnified in all respect and the company shall not be held liable for the payment of any compensation for the said loss and/or injury caused to the customer in the course of availing such services at the said app under any circumstances whatsoever.
11. In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements and for all necessary contacts with your insurance provider. Other than any personal criminal liability attaching to the Driver you will be solely responsible for all consequences arising out of the use of the Service or the Driver. In any event BYKIT shall have no responsibility or liability on this account whatsoever.
12. The Company reserves the right to discontinue or introduce any of the modes of Service Requests and/or for providing Services.

1. You will be required to pay charges for the Services used by you either by using the online payment gateway provided in the Platform or by paying cash to the Drivers. The Company collects the charges for the Services on behalf of the Drivers and the payment is remitted to the Driver’s bank account registered with the Company and in turn the Company charges a convenience fee to the Drivers for using the platform.
2. You agree to make payment for the services availed at the service station through the app by using the payment gateway provided in the Platform and unless the same is paid in full upon completion of the servicing of your vehicle at the said service station, the said workshop shall not release your vehicle and the same shall be in the custody of the workshop till the payment is cleared and if any mishap/loss or theft of vehicle is caused during such time the company shall not be held responsible for the same.
3. The rates of the Services and any cancellation fee, if applicable, will be notified on the Platform.
4. The charges for the Services will be updated or amended from time to time at the sole discretion of the Company and it will be your responsibility to remain informed about the charges for the Services.
5. In order for us to facilitate UPI payments, we are required to conduct a bank account validation and Virtual Payment Address ("VPA") validation and you agree for such validation to be conducted. We conduct these validations through a third-party service provider.
6. Any payment made is non-refundable. At the end of the trip, we will facilitate a copy of the invoice from the Company on your registered e-mail account with the Company.

1. You will, at your expense, defend, indemnify and hold harmless the Company, its affiliates, licensees, and its officers, directors, agents, and employees from any and all claims, losses, liabilities, damages, expenses, and costs (including attorneys’ fees and court costs) which result from a breach or alleged breach of these Terms by you, including but not limited to, (i) your use or misuse of the Platform or Services; (ii) any claims from any third-party as a result of or in connection with your use of the Platform or the Services.
2. BYKIT reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BYKIT, including rights to settle, and you agree to cooperate with BYKIT for such defense and settlement. BYKIT will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. Customer may, at its own expense, engage separate counsel to advise Customer regarding a claim and to participate in the defense of the claim, subject to BYKIT right to control the defense and settlement.
3. In no event will BYKIT be liable for any indirect, punitive, incidental, special, or consequential damages or for any damages whatsoever, whether based on contract, tort, negligence, strict liability, or otherwise, even if it has been advised of the possibility thereof.
4. The company shall not be held responsible for any vehicle so picked up by the driver been lost or stolen or having met an accident or been used for carrying out any illegal or criminal offences including grave criminal offences viz. murder etc. during the trip and the liability, if any, solely lies with the customers and the customers agree to keep the company fully indemnified in all respect and the company shall not be held liable either and/or otherwise for the payment of any compensation for the said loss and/or injury caused to the customer or for any other liability under any circumstances whatsoever.
5. In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements and for all necessary contacts with your insurance provider. Other than any personal criminal liability attaching to the Driver you will be solely responsible for all consequences arising out of the use of the Service or the Driver. In any event BYKIT shall have no responsibility or liability on this account whatsoever. In the event the customers do not renew the insurance policy or the said insurance policy get lapsed due to expiry of time and eventually the said damages caused to the vehicle due to accident could not be claimed from the insurance company, the customers agree that the entire liability is theirs and the customers agree to keep the company fully indemnified in that respect and absolved from all liability whatsoever.
6. The Company shall not be held liable for any failure or delay in performing Services where such failure arises as a result of any act or omission, which is outside our reasonable control such as unprecedented circumstances, overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties ( "Force Majeure" ).
7. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, BYKIT’s aggregate liability shall in no event exceed the equivalent of the amount for the payment of the Services.

1. These Terms will be governed by and interpreted in all respects in accordance with the laws of the India.
2. The Parties hereby submit to the exclusive jurisdiction of the courts at Howrah, India only.
3. All disputes arising out of or in relation to these Terms will be settled amicably by the parties. In the event no amicable settlement is arrived at within a period of fifteen (15) days from the date of first initiation of the dispute by one party to the other, the parties will resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996 (as amended upto date)
4. The arbitration proceedings will be conducted by an arbitral tribunal comprising of 1 (one) arbitrator to be appointed by the Company solely.
5. The arbitration proceedings will be conducted in the English language only, and the seat for arbitration will be at Kolkata, India only.
6. The award of the arbitral tribunal will be final and binding.

You may not assign your rights under these Terms without the prior written approval of the Company.

If any provision or any part of a provision of these Terms is held to be invalid, unenforceable or prohibited by applicable laws of the India, such provision or part of provision will be severed from these Terms and will be considered divisible as to such provision or part thereof and such provision or part thereof will be inoperative and will not be part of the consideration moving between you and the Company hereto and the remainder of these Terms will be valid and binding and of like effect as though such provision was not included herein.

BYKIT may change these Terms from time to time. If BYKIT makes any changes to these Terms that it deems to be material, BYKIT will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Terms posted to the Platform from time to time to see if it has been changed. The updated version of these Terms will supersede the current version and such updated version will be immediately effective upon being posted on the Platform and deem to be accepted by you. The continued use of the Platform following the notification of modification of the Terms or after being updated on the Platform will be construed to mean the acceptance of the said modified Terms.

The Company may give notice by means of a general notice on the Platform, or by electronic mail to your email address on record in the Company’s account, or by written communication sent by regular mail to your address on record in Company’s account.

Any opinions, issues, or suggestion regarding the Platform and / or Services can be provided / resolved by reaching out to the customer care number or email mentioned below:

Customer Care details: _______________________________

Alternatively, you can contact Customer Care using the chat functionality on the BYKIT App and a customer service associate will get back to you.

Please note, concerns pertaining to a specific Service Request or a Driver may be reported not beyond 24 hours from when the Services were availed. In case the issue or grievance is criminal in nature, the complaint may be reported within 72 hours of the event / availing the Service with the concerned police station and the company shall be fully absolved from the same.

Any complaint, dispute or grievance in relation to the Services herein should be addressed to the company as given below. Such complaint, dispute or grievance will be handled as per applicable laws.

Grievance Officer: Mr. Vikash Pandey
E-mail: shubhbiker@gmail.com
Address: 544 Andul Road, Howrah, West Bengal