These Terms and Conditions (“Terms”) govern the access or use of applications, websites, content, products, and services (collectively called the “Services”) made available by Madhatters Voyage Private Limited (“Bikxie”). Bikxie is a private limited company incorporated in India under the Companies Act of 2013, having its registered office at 301, South Extension Plaza 1, South Extension Part-II, New Delhi, India.
PLEASE READ THE TERMS CAREFULLY BEFORE USING OR ACCESSING THE SERVICES. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Bikxie. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in the Services will constitute acceptance of this agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
Services Bikxie offers a technology platform on www.bikxie.com and Mobile Application ‘Bikxie’ (the “Application”) to arrange and schedule transportation with independent drivers (the “Third Party Provider”). The technology platform is an enabling platform for a consumer to connect with an independent vehicle operator known as Pilot. Once the pilot accepts a request, customer is notified with the details of pilot through SMS or Application. Bikxie shall do all the reasonable efforts to connect you with a Pilot. The services are subject to the availability of Pilot(s) in or around your location at the moment of your request for transportation services.
Use of the Services “You” or “User” is any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the Services provided by Bikxie. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. You must register for and maintain an active personal user Services account to use most of the Services (“Account”).
To register an account, you are required to submit to Bikxie certain personal information, such as your name, address, mobile phone number, as well as at least one valid payment method (either a credit card or accepted payment partner). Information provided by you must be accurate and updated. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Bikxie’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
You may only have one Bikxie Account. User Conduct You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not assign your rights under these Terms without prior written approval of the Company. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. Network Access and Devices You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Bikxie does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Payment You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges ”). After you have received services or goods obtained through your use of the Service, Bikxie will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. All Charges are due immediately and payment will be facilitated by Bikxie using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Bikxie may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
If you cancel within 2 minutes, you won’t be charged.
If you cancel the ride request after 2 minutes, a flat fee of Rs 10 will be charged.
If you are not at the pickup location or your driver cannot get in touch with you, the cancellation fee of Rs 10 will still apply.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BIKXIE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BIKXIE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BIKXIE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
BIKXIE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF BIKXIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BIKXIE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF BIKXIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BIKXIE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BIKXIE’S REASONABLE CONTROL.
You agree to indemnify and hold Bikxie and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; or (iv) your violation of the rights of any third party, including Third Party Providers.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-assignable, non-sub-licensable, revocable license to download and install a copy of the Application on a single mobile device that you own or control and to run this copy of the Application solely for your own personal, non-commercial use. You may not (i) copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast, decompile, or disassemble any portion of or otherwise exploit the Application, except as expressly permitted under these Terms, (ii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the software in any way; (iii) create internet "links" to the Application or "frame" or "mirror" any software on any other server or wireless or internet-based device; (iv) reverse engineer or access our software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Application or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of the proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Application. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms. We will have the right to investigate and prosecute any violations of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Website or Application, but we have the right to do so for the purpose of operating the Website and the Application, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Bikxie, including its name and logo, application and other Services, is protected by copyright, trademark and other rights provided under the laws of India. We (and our licensors, if applicable) exclusively own all rights, title and interest in and to the application, including all associated intellectual property rights. Without derogating from our rights under any applicable law or these Terms, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by us to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.
Bikxie may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason without notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms expressly supersede prior agreements or arrangements with you. Further, Bikxie reserves the right to change these conditions from time to time as it sees fit and your continued use of the Services will signify your acceptance of any adjustment to these terms.
These Terms shall be governed by, and construed in accordance with, the laws of India. The parties agree that the courts of Delhi shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Application or the Website. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.