Terms and conditions of use (‘’Terms of Use’’) of the ‘YesBoss’ website and mobile app, is a legal agreement ("Agreement") between Yes Boss E- Com Pvt. Ltd., a private limited company registered under Companies Act, 2013 and laws of India having its offices at TDI Bussiness Center, F-06, SCO 30,31, Sector -118, Near VR Punjab Mall, Mohali- 160055, and yourself/yourselves.
If you continue to browse the website and/or use the mobile application you are agreeing to comply with and be bound by the Terms of Use. If you do not agree with the Terms of Use, please do not access and use this Website / Application (as hereinafter defined).
DEFINITIONS:
For the purposes of the Terms of Use and Privacy Policy:
“YesBoss”, “we”, “our” and “us” shall mean Yes Boss E-Com Pvt. Ltd.,;
“You”, yourself / yourselves and “your” shall mean a User, who meets
the eligibility criteria set out below;
“Application” shall mean the application supplied by YesBoss and
downloaded and installed by you on your single mobile device (smart
phone);
“Driver” or ‘’Drivers’’ shall mean the driver engaged by you by using our
Website/Application;
“Force Majeure” shall have the meaning as set out in Clause VII;
“Service” or “Services” shall mean the service of providing short-term
private Driver solutions via the Application/Website as defined in Clause I;
‘’User’’ or ‘’Users’’ shall have the meaning as set out in Clause III; and
‘’Website’’ shall mean the website
“Instant Booking” shall mean when the trip is to start within 2 hours of the
booking.
“Scheduled Booking” shall mean when the trip is scheduled within next 4
days.
These Terms of Use may be modified from time to time in our sole
discretion. It is your responsibility to review these Terms and Conditions
from time to time. If you continue to use the Service after notice of change
has been intimated or published on our Website/Application, you thereby
provide your consent to the changed practices on the same terms hereof.
For this reason, we encourage you to review these Terms of Use each time
you access and use the Website/Application. Most content and some of the
features on the Website/Application are made available to Users free of
charge. However, YesBoss reserves the right to terminate access to certain
areas or features of the Website/Application at any time for any reason,
with or without notice.
If you are not agreeable to these Terms of Use, you may not use the
Services, the Website or the Application.
I. SERVICES DESCRIPTION:
YesBoss provides a technology based service which enables the hiring of
drivers by commuters/ passengers for a point to point pick up and drop off
Service, within city limits and outside city limits, through the Application in
mobile telecommunications devices, though calling services and through the
Website. The Service is designed to offer you information and a means of
obtaining short-term private driver solutions to coordinate point-to-point
and round trip private driver services, at your request. As a User, you
authorize Driver to operate your vehicle and make decisions on your behalf
during a period of time designated by you.
II. USE OF SERVICE, APPLICATION AND WEBSITE:
- The Application and the Website allows you to send a request for Service to a Driver.
The GPS receiver, which should be installed on the mobile device (smart phone) on
which you have downloaded the Application or the Website, shall detect your location
and shall send your location information to the relevant Driver. YesBoss has sole and
complete discretion to accept or reject each request for providing the Service
YesBoss also has sole and complete discretion over whether to use the Application /
Website to receive the leads generated through the Application / Website. If YesBoss
accepts a request, the Application / Website notifies you and provides information
regarding the Driver - including his name and the ability to contact the Driver by
telephone or a message. The Application / Website also allow you to view the Driver’s
progress towards the pick-up point, in real time.
- YesBoss shall undertake commercially reasonable efforts to bring you into contact
with a Driver in order to avail the Services, subject to the availability of Drivers in or
around your location at the moment of your request for the Services.
- YesBoss itself does not provide transportation services. It is up to the User to offer
transportation. YesBoss only acts as intermediary between the Driver and you. The
provision of the Services by the Driver to you is, therefore, subject to the agreement (to
be) entered into between the Driver and you. YesBoss shall under no circumstance
be a party to such agreement. YesBoss disclaims any and all liability in respect of the
Drivers including any claims of employment or any vicarious liability arising out of the
Service or otherwise.
- The estimated time and estimated fare may differ from Actual Time
Actual Fare, as per usage.
II. USER ELIGIBILITY AND AGREEMENT: - User means any individual or business entity/organization that legally operates in India or in other countries, and uses and has the right to use the Services provided by YesBoss. Our Services are available only to those individuals or entities who can execute legally binding contracts under the applicable law. Therefore, a User must not be a minor as per Indian Law; i.e. User(s) must be at least 18 years of age to be eligible to use our Services. - YesBoss advises its Users that while accessing the Website/Application, they must follow/abide by the applicable laws. YesBoss may, in its sole discretion, refuse the Service to anyone at any time. - This Agreement applies to all Services offered on the Website/Application, collectively with any additional terms and condition that may be applicable.
III. REGISTRATION: To use the Services, you have to be registered and provide your name, contact number, email address and other details. Please see our Privacy Policy and practices to know more about how your personal information would be used.
IV. REPRESENTATIONS AND WARRANTIES:
As a precondition to your use of the Services, you represent and warrant
that:
- The information you provide to YesBoss is accurate and complete. YesBoss service
is available both for private cars and commercial purposes as designated on our
Website. Private cars for non-commercial purposes bear license plates with black
lettering over white colored background (Commercial vehicles have license plates with
black lettering over yellow colored background). YesBoss is entitled, at all times, to
verify the information that you have provided and to refuse the Service or use of the
Application / Website without providing reasons.
- You will only access the Service using authorized means. You are responsible to check
and ensure you download the correct Application for your device or the correct Website
in your computer. YesBoss shall not be liable if you do not have a compatible mobile
device or if you download the wrong version of the Application for your mobile device or
Website for the computer. YesBoss reserves the right to terminate the Service and
the use of the Application/ Website should you use the Service or Application with an
incompatible or unauthorized device.
- You have the legal right and authority to possess and operate the vehicle when
engaging our Services and you confirm, represent and warrant that the said vehicle is in
good operating condition and meets the industry safety standards and all applicable
statutory requirements for a motor vehicle of its kind.
- You will be solely responsible for any and all liability which results from or is
alleged as a result of the condition of your vehicle, legal compliance, etc.,
including, but not limited to, personal injuries, death and property damages.
- You will be solely responsible for the full functionality of your vehicle. If your vehicle
fails to function (electrical, mechanical or other) in any way while the Services are being
availed of by you, you will be responsible for all storage fees, roadside assistance,
alternate transportation and repair of any kind and neither YesBoss nor the Driver
shall be responsible in any manner whatsoever. You have the legal right to designate
the Driver as your agent and delegate actual authority to the Driver to operate your
vehicle and make decisions on your behalf for the purposes of providing Services
offered through the YesBoss platform.
- 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 (in 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
YesBoss shall have no responsibility or liability on this account whatsoever.
- You specifically authorize us to use, store or otherwise process your 'Sensitive personal
data or information’ (as such term is defined in Information Technology (Reasonable
security practices and procedures and sensitive personal data or information) Rules,
2011) in order to provide the Services to you. Subject to applicable law all information
provided to us by you shall be deemed to be our information to use as we desire.
- You will obey all applicable laws related to the matters set forth herein, and will be
solely responsible for any violations of the same.
V. METER START AND CANCELLATION POLICY:
- YesBoss drivers will wait no more than 15 minutes from the requested trip start time,
before they start the trip timer. The trip timer would start after you share the OTP, sent
on your registered mobile and/or registered e-mail id, with the driver. You shall share
the OTP within 15 min of reaching of the Driver at the Pick-up point, failing which the
driver has discretion to cancel the trip.
- The customer is liable for Rs 25/- charge if the Instant Booking trip is cancelled. In case
of scheduled booking you many cancel the booking before 2 Hours of the scheduled
time, without any cancellation charges. The customer is liable for Rs 50/- charge if the
Scheduled Booking trip is cancelled, thereafter.
VI. PAYMENT
When a trip ends, YesBoss driver ends the trip on the YesBoss Partner
app on his mobile device. It then calculates the total fare amount due from
You and it appears on the YesBoss app on your mobile device. You may
pay the amount via cash or a variety of online payment options available on
the app including payment via the YesBoss Wallet where You may have
already pre-loaded funds. The usage of the YesBoss Wallet shall be subject
to the terms and conditions of the third party payment processor providing
the mobile payment service on the App. Any payment related issue, except
when such issue is due to an error or fault in the Site or Application, shall
be resolved between You and the payment processor. YesBoss shall not be
responsible for any unauthorized use of Your YesBoss Wallet.
VII. LIMITATION OF LIABILITY:
- The information, recommendations and/or Services provided to you on or through the
Website/Application are for general information purposes only and do not constitute
advice. YesBoss will take reasonable steps to keep the Website/Application and its
contents correct and up to date but does not guarantee that the contents of the
Website/Application are free of errors, defects, malware and viruses or that the
Website/Application are correct, up to date and accurate.
- YesBoss shall not be liable for any damages resulting from the use of, or inability to
use, the Website/Application, including damages caused by malware, viruses or any
incorrectness or incompleteness of the information on the Website/Application.
- YesBoss shall further not be liable for damages resulting from the use of, or the
inability to use, electronic means of communication with the Website/Application,
including — but not limited to — damages resulting from failure or delay in 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.
- Without prejudice to the foregoing, and insofar as allowed under mandatory applicable
law, YesBoss’s aggregate liability shall in no event exceed the equivalent of the
amount for the payment of the Services.
- The quality of the Services requested through the use of the Application is entirely the
responsibility of the Driver who ultimately provides such transportation services to you.
YesBoss under no circumstance accepts liability in connection with and/or arising
from the Services provided by the Driver or any acts, actions, behaviour, conduct,
and/or negligence on the part of the Driver.
- We 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” ).
- If we have contracted to provide identical or similar Service to more than one User and
are prevented from fully meeting our obligations to you by reason of an event of Force
Majeure, we may decide at our absolute discretion which booking we will fulfill by
providing the Service, and to what extent.
- We have taken all reasonable steps to prevent internet fraud and ensure any data
collected from you is stored as securely and safely as possible. However, we shall not
be held liable in the unlikely event of a breach in our secure computer servers or those
of third parties other than as required under applicable law.
- In the event we have a reasonable belief that there exists an abuse of vouchers and/or
discount codes or suspect an instance of fraud, we may cause the User to be blocked
immediately and reserve the right to refuse future Service. Additionally, should there
exist an abuse of vouchers or discount codes, YesBoss reserves the right to seek
compensation from any and all such Users.
- YesBoss does not represent or endorse the accuracy or reliability of any information, or
advertisements (collectively, the "Content") contained on, distributed through, or
linked, downloaded or accessed from or contained on the Website/Application, or the
quality of any products, information or other materials displayed, or obtained by you as
a result of an advertisement or any other information or offer in or in connection with
the Service.
- Offers are subject to YesBoss's discretion and may be withdrawn at any time and
without notice.
VIII. INTELLECTUAL PROPERTY RIGHTS:
- YesBoss is the sole owner or lawful licensee of all the rights to the Website/Application
and its content. Website/Application content means its design, layout, text, images,
graphics, sound, video etc. The Website/Application content embodies trade secrets and
intellectual property rights protected under worldwide copyright and other laws. All title,
ownership and intellectual property rights in the Website/Application and its content
shall remain with YesBoss.
- All rights, not otherwise claimed under this Agreement or in the Website /Application,
are hereby reserved. The information contained in this Website/Application is intended,
solely to provide general information for the personal use of the reader, who accepts
full responsibility for its use.
- You may access the Website/Application, avail of the features, facilities and Services for
your personal or internal requirements only. You are not entitled to duplicate,
distribute, create derivative works of, display, or commercially exploit the
Website/Application Content, features or facilities, directly or indirectly, without our
prior written permission of YesBoss.
Copyright
- All content on this Website/Application is the copyright of YesBoss except the third
party content and link to third party website on our Website/Application, if any.
- Systematic retrieval of YesBoss 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 YesBoss is
prohibited.
- In addition, use of the content for any purpose not expressly permitted in this Terms of
Use is prohibited and may invite legal action. As a condition of your access to and use
of Services, you agree that you will not use the Website/Application to infringe the
intellectual property rights of others in any way. YesBoss reserves the right to terminate
the account of a User upon any infringement of the rights of others in conjunction with
use of the Service, or if YesBoss believes that User’s conduct is harmful to the interests
of YesBoss, its affiliates, or other Users, or for any other reason in YesBoss's sole
discretion, with or without cause.
II. USER ACCOUNTS, OFFERS AND PROMOTIONS:
- YesBoss reserves the right to collect User data including name, contact information and
other details to facilitate Services or use of its platform to avail Services. All information
collected from the User are on a bona fide basis. Misuse and misrepresentation of
identity or contact details will lead to automatic termination of Services or the use of
the platform, without prior notice to such Users.
- User accounts bearing contact number and email IDs are created and owned by
YesBoss. Any promotional discounts and offers accumulated can be revoked without
prior notice in the event of suspicious account activity or mala fide intent of the User.
- In the case where the system is unable to establish unique identity of a User against a
valid mobile number or e-mail ID, the account shall be indefinitely suspended. YesBoss
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.
I. LINKS TO THIRD PARTY SITES:
- Links to third party sites are provided by the Application / Website as a convenience to
Users and YesBoss does not have any control over such sites i.e., content and
resources provided by them.
- YesBoss may allow Users access to content, products or services offered by third parties
through hyperlinks (in the form of word link, banners, channels or otherwise) to such
third party's website. You are cautioned to read such sites' terms and conditions and/or
privacy policies before using such sites in order to be aware of the terms and conditions
of your use of such sites. The Users acknowledge that YesBoss has no control over such
third party's site, does not monitor such sites, and YesBoss shall not be responsible or
liable to anyone for such third party site, or any content, products or services made
available on such a site.
II. TERMINATION:
- YesBoss reserves the right to deny access to particular Users to any/all of its Services
without any prior notice/explanation in order to protect the interests of YesBoss and/or
other Users to the Website/Application. YesBoss reserves the right to limit, deny or
create different access to the Website/Application and its features with respect to
different Users.
- We reserve the right to terminate your account or your access to the
Website/Application immediately, with or without notice to you, and without liability: (i)
if you have violated any of the Terms of Use; (ii) if you have furnished us with false or
misleading information; (iii) pursuant to requests by law enforcement or other
government agencies; (iv) in case of unexpected technical or security issues or
problems; (v) in case of discontinuance or material modification to the Services (or any
part thereof); and / or (vi) in case of interference with use of our Website/Application
by others.
- In the event of termination by you or us, your account will be disabled and you will not
be granted access to your account or any information or content contained in your
account. You will not and not attempt to create another account for accessing and
using the Website/Application without the written consent of YesBoss.
- This Terms of Use shall remain in full force and effect while you have an account with
us. Even after termination of your account with us, certain provisions of this Terms of
Use will remain in effect, including but not limited to, Intellectual Property Rights,
Prohibited Uses and Indemnification. You agree that we will not be liable to you or any
third party for taking any of these actions.
- Notwithstanding the termination of this Agreement, you shall continue to be bound by
the terms of this Agreement in respect of your prior use of this Website/Application and
all matters connected with, relating to or arising from such use.
III. TERMS & CONDITIONS FOR USE OF SERVICES:
The following terms & conditions shall apply to Users utilising the Services
offered by YesBoss:
- The User shall pay the driver fare (as displayed in the YesBoss App) or as agreed to in
the terms of use as listed on the Application / Website, parking charges, additional
night surcharge (where applicable), one way trips, toll charges and any fee or levy
presently payable or hereinafter imposed by the law or required to be paid for availing
of the Services.
- The company (YES BOSS ECOM PVT. LTD. ) does not hold any responsibility of road
mishappening,theft, Accident or any technical fault.
- The User agrees and accepts that the use of the Services provided by YesBoss is at the
sole risk of the User, and further acknowledges that YesBoss disclaims all
representations and warranties of any kind, whether express or implied. All Services are
provided “AS IS”.
The YesBoss or the Driver has the right to refuse the Service in the
following circumstances:
a. if the User is found to be in an intoxicated state or is found misbehaving with other
passengers or the Driver, or is causing a nuisance;
b. if the User is misusing, soiling or damaging any of the devices (technical/non-technical)
of the Driver; and
c. if the User asks the Driver to break any traffic/RTO/city police and/or government rules
for any purpose The Driver has the right to refuse such a request by the User.
- Without prejudice to the above, YesBoss makes no representation or warranty that:
a. the Services will meet the User’s requirements; and
b. the Services will be uninterrupted, timely, secure, or error-free.
- The information on this Website/Application is provided "AS IS" with no guarantee of
completeness, accuracy, timeliness or of the results obtained from the use of this
information, and without warranty of any kind, express or implied, including, but not
limited to warranties of performance, merchantability and fitness for a particular
purpose. Nothing herein shall to any extent substitute for the independent
investigations and the sound technical and business judgment of the Users. In no event
shall YesBoss be liable for any direct, indirect, incidental, punitive, or consequential
damages of any kind whatsoever with respect to the Service. Users of this site must
hereby acknowledge that any reliance upon any content shall be at their sole risk.
- If any User misses his/her train or flight or bus, YesBoss will not be liable for any
compensation.
- YesBoss is hereby authorized to use the location based information provided by any of
the telecommunication companies when the User uses the mobile phone to make a
booking. The location based information will be used only to facilitate and improve the
probability of locating a Driver for the User.
- YesBoss shall be entitled to disclose to any government body the particulars of the User
in the possession, in its absolute discretion.
- YesBoss shall be entitled at any time without giving any reason to terminate the
booking of Drivers done by the User.
- If the User has any complaints in respect of the Services or the use of the Driver, the
User has to inform YesBoss of the same in writing within 24 hours of using the Driver or
the Services.
- YesBoss shall not be liable for any conduct of the Drivers. However,
YesBoss encourages you to notify it of any complaints that you may have against any
Driver or the Services.
I. INSURANCE AND DAMAGE TO PROPERTY:
- We do not procure insurance for, nor are we responsible for, damage or loss of any
personal belongings or intellectual property whilst providing the Services. These include
tapes, records, discs or other similar audio visual or data electronic devices, any speed
measuring equipment within the vehicle or any other accessories of any kind. It is your
responsibility to ensure that you remove any personal belongings from the car before
and after each YesBoss service arranged through YesBoss.
I. INDEMNITY:
- The User shall defend, indemnify and hold, YesBoss, its affiliates, its licensors, and each
of their officers, directors, other users, employees, attorneys and agents, harmless,
from and against any and all claims, costs, damages, losses, liabilities and expenses
(including attorneys' fees and costs) arising out of or in connection with the:
- violation or breach of the Terms of Use or any applicable law or regulation, whether or
not referenced herein;
- violation of any rights of any third party, including the Driver via the Application and or
the Website; and
- use or misuse of the Application/Website or Service.
I. MISCELLANEOUS
- The information contained in this Website/Application is for general information
purposes only. The information is provided by YesBoss and while we endeavor to keep
the information up to date and correct, we make no representations or warranties of
any kind, express or implied, about the completeness, accuracy, reliability, suitability or
availability with respect to the Website/Application or the information, products,
services, or related graphics contained on the Website/Application for any purpose. Any
reliance you place on such information is, therefore, strictly at your own risk.
- In no event will we be liable for any loss or damage, including without limitation,
indirect or consequential loss or damage, or any loss or damage whatsoever arising
from loss of data or profits arising out of, or in connection with, the use of this
Website/Application or Service.
- Every effort is made to keep the Website/Application up and running smoothly.
However, YesBoss takes no responsibility for, and will not be liable for, the
Website/Application being unavailable due to technical issues beyond our control.
- The above mentioned Terms of Use and the Privacy Policy constitute the entire
agreement between the User and YesBoss with respect to access to and use of the
Website/ Application and the Services offered by YesBoss, superseding any prior written
or oral agreements in relation to the same subject matter herein.
I. JURISDICTION:
The courts of Mohali, India shall have the sole and exclusive jurisdiction in
respect of any matters arising from the use of the Services offered by
YesBoss or the Terms of Use or any arrangement between YesBoss and the
User.