Travel with the best!

TERMS OF USE

These Terms of Use shall apply to all services offered by Blinkeo. You must read this Terms of Use and accept it in its entirety before proceeding with the usage of the Services [As subsequently defined] offered by ABRITA SOLUTIONS PVT LTD (hereinafter referred to as “ASPL”, “We”, “Us” or “Our”) via Blinkeo. The following terms and conditions shall constitute an agreement between ASPL and You.

For the purpose of this Terms of Use and the Privacy Policy [Insert URL of the Privacy Policy], “Services” shall mean the Site and any other platform provided by ASPL which enables users to create and share taxi rides.

ELIGIBILITY

By registering on the Site and accepting these terms, You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this agreement. You shall not use this service if you are not competent to contract under the applicable laws, rules and regulations. By registering with Us, you explicitly understand and agree that:

MEMBERSHIP

The right of admission vests with us at our sole discretion. You become a member upon due acceptance of the Profile/Payment by Us. Membership and rights of admission is reserved solely for

  1. Indian Nationals & Citizens
  2. Persons of Indian Origin (PIO)
  3. Non Resident Indians (NRI)
  4. Persons of Indian Descent or Indian Heritage.

Our membership is only for personal use. It is not to be assigned, transferred or licensed so as to be used by any other person/entity.

We have at any stage right to refuse or reject the membership without assigning any reasons.

  1. When you sign up to become a Member, you will also be asked to choose a password and provide your working email id. You are entirely responsible for maintaining the confidentiality of your password.
  2. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party
  3. You agree to notify ASPL immediately if you suspect any unauthorized use of your account or access to your password and shall change your password immediately.
  4. You are solely responsible for any and all use of your account.
  5. We will not use your email/mobile number/password for any other purpose other than the Services providedby Us. Please do not register on the Siteif you don’t agree to any of the terms or write an email to us to cancel your registration if already registered on the Site.

Please ensure that you provide true and accurate information for the registration. If you provide any information that is untrue, inaccurate not current or incomplete or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to indefinitely suspend or terminate your membership without assigning any reasons and refuse to provide you with access to the service.

Wewill maintain all confidential and personal information (other than that meant for posting or transmission) furnished by members in accordance with Our Privacy Policy. However, we may divulge such information if required by law or in accordance with the Privacy Policy.

USER POLICY

You agree to use Our Services solely for personal and ridesharing purposes only, and shall not use it for any commercial or profit making purposes. In particular, a user should only give rides to passengers when the ride is incidental to the purpose of their trip. Although ASPL cannot offer legal advice or opinions, it reserves the right to restrict or terminate users if it has a reasonable belief that the Service is being used for commercial purposes. You agree that you will not use the Services in any such manner which is inconsistent with all applicable laws and regulations. You will not use the Siteto perform any illegal or illegitimate activities and shall not you aid any third party to carry on such illegal activities through this Siteor its Services.

OBLIGATIONS OF CAR OWNER AND CO-TRAVELLER(S)

If You are a car owner, You hereby agree that:

  1. The trip shall not be for any fraudulent, unlawful or criminal activity.
  2. You will procure for the vehicle, and for the occupants, a comprehensive insurance policy which provides insurance coverage to the occupants in the vehicle and covers third party liability.
  3. You will present Yourself on time and the place agreed with the specified vehicle.
  4. You will immediately inform all co-travellers regarding any change whatsoever pertaining to the trip. In the event, a co-traveller refuses the change, they are entitled to a full refund and without any compensation being to You.
  5. You must wait for the co-traveller at the pickup point for at least thirty (30) minutes after the agreed time.

If You are a co-traveller, You hereby agree that:

  1. The trip shall not be for any fraudulent, unlawful or criminal activity.
  2. You will present Yourself on time and the place agreed with the specified vehicle.
  3. You must wait for the car owner at the pickup point for at least thirty (30) minutes after the agreed time.
  4. You will immediately inform the car owner or ASPL if You are required to cancel a trip.
  5. You shall pay the amount agreed between You and the car owner in relation to the trip which is payable by You as Your contribution towards the cost of the trip.

Mutual Obligations:

  1. It shall be the responsibility of the car owner and the co-traveller to confirm with each other that the car owner is covered by a valid insurance. ASPL shall not be held liable for any damages or losses arising out of or in connection with the trip under any circumstances.
  2. The operation of the trip shall be solely managed by the car owner and the co-traveller. All communication pertaining to the trip shall be between the car owner and the co-traveller and ASPL will not contact either party and will not take any steps whatsoever to manage the booking.

PAYMENT POLICY

INTELLECTUAL PROPERTY

All intellectual property rights on the Site and in the Service shall be owned by ASPL absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in this Site are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service provided by you to ASPL are non-confidential and shall become the sole property of ASPL. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

COPYRIGHT POLICY

You shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. All content included on this Site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software is the property of ASPL or its content suppliers and protected by Indian and International copyright laws.

All software used on this Site is the property of ASPL or its software suppliers and protected by Indian and International Copyright Laws.

The information provided on Blinkeo can only be used for personal use and not for any kind of commercial use. The content provided on the Site including whether it is text, images, any logos, clips etc is the copyright material of ASPL protected under copyright laws.The information provided on the Site shall not be posted, distributed or reproduced in any way anywhere without the written consent of the owner of the copyright material.

If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us and our representatives with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Site; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

LIMITATION OF LIABILITY

You expressly understand and agree that ASPL does not provide any warranty related with the use of its Services and you are using these Services provided by us at your own risk.

Blinkeo is a technology enabled social platform that helps its users find car pool partners and enables you to search for, setup and complete carpools in order to use sustainable means of commuting, reduce fuel cost, reduce stress associated with driving and reduce overall traffic in the roads. Blinkeo is merely an enabler.

Blinkeo does not undertake any profile check of its users at an individual level and therefore cannot be responsible for actions and misconduct of the users which might result in personal injury, physical damage, loss or damage to property or death - intentional or accidental or due to negligence arising out of or in any way connected to using Blinkeo or during the carpool ride.

Blinkeo allows the user to contact each other in order to coordinate the carpool. We are not responsible for any offensive behaviour of the users towards each other.

We do not own or operate our own cars or any other vehicle for transporting the users. We do not guarantee that you will find a car pool partner using our platform or that your car pool partner will honour the carpool that you have set up with him or her, as in arriving at the pickup point at the specified time.

In no event shall ASPL be liable to the other under any theory of liability, whether in an equitable, legal, or common law action arising hereunder for contract, strict liability, tort (including negligence), or otherwise, for any special, incidental, indirect, exemplary, punitive, or consequential damages of any kind and however caused including, but not limited to, business interruption or loss of profits, business opportunities, or goodwill arising hereunder even if notified of the possibility of such damage and notwithstanding the failure of essential purpose of any remedy.

You also understand and agree that ASPL does not warrant that it will meet your requirements, any information obtained by you as a result of your use of the Service will be accurate or reliable, and we do not warrant that your use of the Service will be, complete, current, uninterrupted, timely, available, secure or error-free (including specifically from server downtime), or will meet your requirements, that any defects in the Service will be corrected, or that the Services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device any other electronic device or loss of data or any other kind of electronic malfunction that results from such download or your use of the Service.

The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from ASPL and through its Service will create any warranty whether expressly stated herein or not, including with respect to the safety of the car owneror the co-traveller.

We cannot and do not take responsibility of users of our Service and we do not confirm their purported identity. You understand that other users may use offensive, harmful, incorrect, misleading or deceptive information. Please use caution and common sense when using our website and its Services. You expressly understand and agree that ASPL, our subsidiaries, officers, directors, employees or our suppliers shall not be liable and does not warrant, endorse, guarantee, or assume responsibility for any ride you request or provide through the Service, nor does ASPL warrant, endorse, guarantee, or assume responsibility for any misbehavior, property damage, including to your vehicle, personal injury, up to and including death, that occurs as a result of the ride or your use of the Service and any dispute arising among you and the other users of our Service.

ASPL does not warrant, endorse, guarantee, or assume responsibility for any service or any hyperlinked website or service, and will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

ASPL is not, under any circumstances, responsible for any kind of physical, financial, psychological, and personal or any other kind of damage arising out of any of the situations by use of its services (including negligence).

In no event will we, our subsidiaries, officers, directors, employees or our suppliers, be liable to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by our Service, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with our Site, our Services or this agreement (however arising, including negligence) even if we or our agents or representatives know or have been advised of the possibility of such damages.

Neither we nor any of our partnering organizations screen the participants using the Service in any way. As a result, neither we nor any of our partnering organizations will be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of the Site or the Services, including, without limitation, to damages arising out of communicating and/or meeting with other participants of the Site or the Services, or introduced to you via the Site or the Services.

Such damages include, without limitation, physical damages, bodily injury, death and or emotional distress and discomfort.

INDEMNIFICATION

You agree to indemnify and hold harmless ASPL and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, suits, legal proceedings and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claims or damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code; or (vii) any and all claims or damages (alleged or actual) that arise as a result of a ride that you provide as a car owneror a ride that you take as a co-traveller.

PRIVACY POLICY

You hereby consent and agree that You have read and fully understood the Privacy Policy and hereby consent that the Terms of Use and the Privacy Policy are acceptable to You.

NO AGENCY

ASPL provides these Services in the capacity of independent contractors, and no agency, partnership, joint venture, employee-employer, franchisor-franchisee or any similar relationship is intended or created by this Agreement.

TERMINATION CLAUSE

ASPL and the Users can terminate this Agreement.

ASPL shall be entitled to terminate the Agreement and Your account at any time and for any reason, including but not limited to:

  1. Any breach by You regarding the provisions of this Agreement, including any of Your obligations.
  2. As required by law.

APPLICABLE LAW JURISDICTION AND DISPUTE RESOLUTION

ThisAgreement shall be governed by the laws of India and any disputes arising in relation to these terms shall be subject to the jurisdiction of the Courts of Mumbai.

MODIFICATIONS

ASPL may make changes to these Terms of Use from time to time. We keep the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. All changes/revisions would become effective immediately upon being posted onthe Site. Continued use of the Siteby user, after amendments are posted would imply an acknowledgment and acceptance at your end of the Agreement and its modifications.

We strongly recommend the user to read the Terms & Conditions and privacy policy from time to time to be updated with changing policy or terms and conditions of the Site. You understand and agree that if you use the Service after the date on which the terms have changed, or after the date by which you have to respond as per these terms has passed, ASPL will treat your use as acceptance of the amended terms.

SEVERABILITY

If any portion of these Terms of Use is held to be unenforceable, the unenforceable clause/portion must be construed as nearly as possible to reflect the original intent of the Parties. The parties shall further if any portion be held unenforceable, resort to replacing such portion with a legally valid and enforceable clause/portion that replicates the meaning and intention of the original clause/portion. The remaining clauses/portions remain in full force and effect.