TERMS AND CONDITIONS

INTRODUCTION
Welcome to BOOKYOURCARAVAN, a platform provided by BOOKYOURCARAVAN (“BOOKYOURCARAVAN” or “Company” or “we” or “us” or “our”), a sole proprietorship firm. By using the BOOKYOURCARAVAN mobile application, website and associated services (collectively referred to as the “Platform”), you agree to these Terms and Conditions ("Terms”). If you do not agree with these Terms, you must not use the Platform.

GENERAL TERMS
These Terms and Conditions (“Terms”), including the General Terms, Special Terms, and any agreements you accept (“you” or “your" or “User" or "Customer"), apply when you access, use, or interact with the BOOKYOURCARAVAN  mobile application (“BOOKYOURCARAVAN”) or website available at BOOKYOURCARAVAN.COM (collectively “Platform”), regardless of the device you use (“Device”).  These Terms also govern your use of the Services provided by BOOKYOURCARAVAN (“BOOKYOURCARAVAN” or “Company” or “us” or “we” or “our”). All Services are facilitated through the Platform.
By using the Platform or availing of the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you disagree, please refrain from using the Platform or Services.
These Terms supersede any prior agreements. Your access to the Platform is conditioned upon your acceptance of all Terms, including the Privacy Policy (incorporated herein by reference), and any future amendments posted by the Company.

1.    DEFINITIONS
1.1    “Platform” refers to the BOOKYOURCARAVAN  mobile application, website and associated services.
1.2    “Driver” refers to the individual providing transportation services through the Platform.
1.3    “Customer” refers to the individual using the Platform to book transportation services.
1.4    “Service” refers to the transportation services provided by Drivers through the Platform.

2.    SERVICES
BOOKYOURCARAVAN provides a platform that connects users (“You”, “Customer”) with drivers (“Driver”) offering Caravan. BOOKYOURCARAVAN facilitates the booking and payment processes for these transportation services through the Platform.

3.    YOUR REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS 
3.1    You are at least 18 years old  and have the legal capacity to enter into a binding contract. 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. You agree to take full responsibility for the use of Services by such minors, including ensuring their safety while availing such Services, and BOOKYOURCARAVAN will not be responsible or liable for any consequences arising from the same.
3.2    If BOOKYOURCARAVAN becomes aware or acquires credible knowledge that you have misled us regarding your age, then BOOKYOURCARAVAN reserves its right to deactivate your account, and you will not be liable to raise any claims, including any insurance claims, against BOOKYOURCARAVAN.
3.3    These Terms impose valid and legally binding obligations on you and are enforceable against you.
3.4    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.
3.5    You are not restricted by any legal, regulatory, judicial, quasi-judicial, or other authority from accessing the Platform or availing the Services, including entering into transactions contemplated for availing the Services.
3.6    You agree to use the Services only for purposes that are permitted by these Terms and in accordance with applicable laws.
3.7    By using the Platform or the Services, you authorize BOOKYOURCARAVAN, 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”).
3.8    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 or financial instruments, 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.
3.9    When you provide any Information to BOOKYOURCARAVAN, you agree to provide only true, accurate, current, and complete Information. You understand and acknowledge that the responsibility to provide correct Information, including contact information, bank account details, etc., as required in connection with the Services, lies solely with you. You must take all precautions to ensure that there are no mistakes and errors in the Information you provide. We will not be responsible for verifying the accuracy of the Information provided by you.

4.    OPERATION OF PLATFORM
4.1    Account Registration
You must register on the Platform and create an account (“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 BOOKYOURCARAVAN is not liable for any loss you may incur as a result of someone else using Your Account, either with or without your knowledge.
4.2    Non-Transferability
Your Account cannot be transferred, assigned, or sold to a third party.
4.3    Responsibility 
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 log in to Your Account.
4.4    Unauthorized Access
You agree to inform BOOKYOURCARAVAN 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.
4.5    Liability for Security Breach
BOOKYOURCARAVAN will not be liable for any breach of security or unauthorized use of Your Account.
4.6    Service Requests
The Company will forward your booking request made on the Platform (“Service Request”) to the Driver through an app-based Device operating on GPS-GPRS available with the Driver.
4.7    Monitoring and Recording
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.
4.8    Acceptance of Service Requests
The Driver will have the sole discretion to accept or reject each Service Request.
4.9    Notification of Acceptance
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, and vehicle registration number.
4.10    Reasonable Efforts
The Company will make reasonable efforts to bring you in contact with the Driver to obtain the Service subject to the availability of the Driver in or around your location at the time of your Service Request.
4.11    Driver’s Discretion
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.
4.12    Correct Application and Web Portal
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.
4.13    Intermediary Role
For the avoidance of doubt, it is clarified that the Company itself does not provide the transportation services and only facilitates these services through the Platform. It is the Driver who is responsible for rendering the transportation services to you. You acknowledge that BOOKYOURCARAVAN is merely an intermediary and does not provide the Services as a transportation carrier. The transportation services are provided by independent third-party contractors (Drivers) directly who are not employed by BOOKYOURCARAVAN or any of its affiliates.
4.14    Service Modes
The Company reserves the right to discontinue or introduce any of the modes of Service Requests and/or for providing Services.

5.    YOUR CONDUCT
5.1    Lawful Use
You will use the Services for lawful purposes and in compliance with applicable laws. You will refrain from doing anything that BOOKYOURCARAVAN reasonably believes to be disreputable or capable of damaging its reputation and will comply with all applicable laws of the Republic of India.
5.2    Respectful Behavior
You will treat the Driver with respect and not cause damage to their vehicle or engage in any unlawful, threatening, harassing, or abusive behavior or activity while using their vehicle.
5.3    Third-Party Responsibility
BOOKYOURCARAVAN is not responsible for the behavior, actions, or inactions of Drivers or the quality of the vehicle provided by the Drivers. Any contract for the provision of a vehicle and/or Services is exclusively between you and the Driver, and BOOKYOURCARAVAN is not a party to the same.
5.4    Platform Use 
By using the Platform, you acknowledge and agree that
(a)    You will download the BOOKYOURCARAVAN  App or visit the website for your sole, personal use and will not resell it to a third party;
(b)    You will not authorize others to use Your Account;
(c)    You will not assign or otherwise transfer Your Account to any other person or legal entity;
(d)    You will not use the Platform for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
(e)    You will not use the Platform to cause nuisance, annoyance, or inconvenience to BOOKYOURCARAVAN, Drivers, or third parties;
(f)    You will not misuse the Platform or attempt to defraud BOOKYOURCARAVAN, Drivers, or third parties;
(g)    You will not impair the proper operation of the Platform and will not use any device, software, routine, file, or other technology, including viruses, trojan horses, worms, time bombs, or cancelbots, intended to damage, interfere with, or affect the functionality or operation of the Platform or the Services, to surreptitiously intercept or expropriate any system, data, or information in connection with the Services or as hosted/available on the Platform, or to affect the operation of any other websites or the internet;
(h)    You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure associated with the Platform or the Services, including but not limited to denial-of-service attacks, “spam” or any other unsolicited overload technique;
(i)    You will not try to harm the Platform in any way whatsoever;
(j)    You will not copy or distribute the Platform or its contents without written permission from BOOKYOURCARAVAN;
(k)    You will keep secure and confidential your account password or any identification that BOOKYOURCARAVAN may provide you to access the Platform;
(l)    You will provide BOOKYOURCARAVAN with whatever proof of identity it may request;
(m)    You will only use an access point or at least a 3G, 4G, or 5G data account access point you are authorized to use;
(n)    You will not use the Platform with an incompatible or unauthorized device;
(o)    You will not indulge in any fraudulent activities, including but not limited to intentionally falsifying information, creating dummy/duplicate accounts for fraudulent purposes, manipulating the settings on a phone/device to prevent or impair the proper functioning of the Platform, abusing promotions and/or not using them for their intended purpose, disputing charges for fraudulent or illegitimate reasons, falsifying documents, records, or other data for fraudulent purposes, or any other activity that is in contravention of applicable laws, is in violation of these Terms, or is not intended or permitted under these Terms;
(p)    If you create more than one account per User, BOOKYOURCARAVAN has the right to terminate such accounts.
5.5    Prohibited Content
In addition to the foregoing, you will not upload, display, share, host, publish, or transmit any information that:
(a)    Belongs to another person and to which you do not have a right;
(b)    Is harmful, offensive, harassing, obscene, pornographic, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, related to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
(c)    Infringes any patent, trademark, copyright, or any other proprietary rights;
(d)    Harms minors in any way or is harmful to children;
(e)    Is commercial material or content (including solicitation of funds, advertising, or marketing of any good or services);
(f)    Deceives or misleads the addressee about the origin of such messages, communicates any misinformation or information that is patently false and untrue or misleading in nature, or, in respect of any business of the Central Government, is identified as fake, false, or misleading by such fact-check unit specified by the Government;
(g)    Impersonates another person;
(h)    Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
(i)    Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offense, prevents investigation of any offense, or insults any other nation;
(j)    Is in the nature of an online game that is not verified as a permissible online game;
(k)    Is in the nature of advertisement, surrogate advertisement, or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game;
(l)    Violates any law for the time being in force.

5.6    Termination of Use
The Company reserves the right to immediately terminate your use of the Platform and stop providing you with the Services should you not comply with any of the rules provided in these Terms.

5.7 Compliance with RTO norms

You are aware that the vehicle which you will be using has a Driver + 4 passenger capacity. The caravan body is considered as cargo when the vehicle is in motion and you are required to be seated in crew cabin seats with properly fastened seat belts. 

6.    COMMUNICATION AND NOTIFICATION
6.1    Consent to Communication
You agree that BOOKYOURCARAVAN (either directly or indirectly through its affiliates or third parties) may communicate with you in connection with the Platform or the Services, either electronically (for example, push notifications), or through phone calls, WhatsApp messenger application, email, or in writing through other modes.
6.2    Electronic Communications
Any electronic communications will be considered to be received by you within 24 hours of the time we send it to your attention (such as via email, SMS, or other online notification, through WhatsApp messenger application). We will assume you have received any communications sent to you by postal mail 3 business days after we send it.

6.3    Consent to Contact
If you are a Customer who has registered on the Platform and shared your contact details with us, we may need to contact you in connection with the Services, and you give express consent to us and our permitted assigns and third-party agents to communicate with you in any way, such as calling, texting, or e-mailing via:
(a)    A mobile phone or landline number you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours);
(b)    Any email address you provide to us or associated with your account on the Platform;
(c)    Automated dialler systems and automatic telephone dialling systems; and
(d)    Pre-recorded or artificial voice messages and other forms of communications.
6.4    Communication Accuracy
The accuracy, readability, clarity, and promptness of the communications depend on various factors. BOOKYOURCARAVAN will not be responsible for any non-delivery, delayed delivery, or distortion of the communication in any way whatsoever.
6.5    Communication Preferences
You may opt-out of receiving certain communications from BOOKYOURCARAVAN by following the unsubscribe options provided in such communications or by contacting BOOKYOURCARAVAN customer support. However, please note that opting out of certain communications may impact your ability to fully utilize the Platform or Services.
6.6    Notification Settings
You are responsible for maintaining accurate and up-to-date contact information in Your Account. You are also responsible for ensuring that the settings on your Device are configured to receive notifications from the Platform, and BOOKYOURCARAVAN will not be liable for any consequences resulting from your failure to do so.

6.7    Customer Support
For any queries or concerns related to communication and notifications, you may contact BOOKYOURCARAVAN’s customer support team through the provided channels on the Platform.

7.    PAYMENT FOR SERVICES
7.1    Payment Methods
You will be required to pay charges for the Services used by you either by using the online payment gateway provided on the Platform or by paying cash to the Drivers. The Company collects the charges for the Services on behalf of the Drivers after obtaining authorization from the Drivers, and the payment is remitted to the Driver’s bank account registered with the Company.
7.2    Rates and Fees
The rates of the Services and any applicable cancellation fee will be notified on the Platform. The rates are determined based on various factors, including but not limited to distance, duration, and demand.
7.3    Rate Updates
The charges for the Services may be updated or amended from time to time at the sole discretion of the Company. It is your responsibility to remain informed about the charges for the Services. The updated charges will be effective upon posting on the Platform and will apply to your subsequent use of the Services
7.4    Payment Responsibility
You agree that you will pay for all Services you purchase from the Driver and for the use of the Platform either by way of online payment or by cash. In the event the payment cannot be accepted through the online payment or any other mode, you will be required to pay the charges for the Services availed by way of cash. You agree and acknowledge that BOOKYOURCARAVAN is not in any way responsible for the settlement of cash payments made by you directly to the Driver.

7.5    UPI Payments
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 to such validation being conducted. We conduct these validations through a third-party service provider.
7.6    Non-Refundable Payments
Any payment made is non-refundable. At the end of the trip for the Transportation Services, we will facilitate for you to receive a copy of the invoice from the Company on your registered e-mail account with the Company.
7.7    Payment Discrepancies
In case of any payment discrepancies or issues, you are required to contact BOOKYOURCARAVAN’s customer support within 24 hours of the transaction. The Company will investigate and address any legitimate concerns to the best of its ability.
7.8    Taxes and Fees
All charges are inclusive of applicable taxes, fees, and surcharges, unless stated otherwise. You are responsible for paying any additional charges, including but not limited to tolls, parking fees, and surcharges, that may apply to your trip.
7.9    Promotional Offers
The Company may, at its sole discretion, introduce promotional offers or discounts which will be subject to specific terms and conditions. Such offers may be withdrawn or modified by the Company at any time without prior notice.
7.10    Payment Information Security
The Company uses third-party payment processors to process payments made on the Platform. BOOKYOURCARAVAN ensures that all payment information is securely transmitted using encryption technology. However, BOOKYOURCARAVAN is not responsible for any breaches of security or unauthorized access to your payment information by third parties.

8.    DISCLAIMERS
8.1    General Information Purposes
The information and recommendations provided to you on or through the website or the Platform are for general information purposes only and do not constitute professional advice.
8.2    Platform Accuracy and Availability
The Company will reasonably endeavor to 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, or viruses, or that the contents on the Platform are correct, up to date, and accurate. BOOKYOURCARAVAN assumes no liability whatsoever for any monetary or other damage or loss suffered by you on account of delays, failures, interruptions, or errors in the operation of the Platform.
8.3    Liability for Use of Platform
The Company will 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 the failure or delay in the delivery of electronic communications, interception, or manipulation of electronic communications by third parties, or computer programs used for electronic communications, and the transmission of viruses.
8.4    International Access
If you choose to access the Platform from locations other than India, you do so at your own risk, and you are 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, direct or indirect, for non-compliance with the laws of any country other than India.

 

8.5    Access Limitations
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 other factors, including but not limited to:
(a)    Servers, networks, hardware failure (including your own computer or mobile), telecommunication lines and connections, and other electronic and mechanical equipment;
(b)    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;
(c)    Overload of system capacities;
(d)    Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, acts of God, accident, fire, water damage, explosion, mechanical breakdown, or natural disasters;
(e)    Interruption (whether partial or total) of power supplies or other utility services, strikes or other stoppages (whether partial or total) of labor;
(f)    Governmental or regulatory restrictions, exchange rulings, court or tribunal orders, or other human intervention; org. Any other cause (whether similar or dissimilar to the above) beyond the control of BOOKYOURCARAVAN.
8.6    Service Quality
The quality of the Transportation Services requested through the use of the Platform is entirely the responsibility of the Driver who ultimately provides such services to you, and the Company is not liable for the same. However, any complaints about the Transportation Services provided by the Driver should be submitted to the Company by email as notified from time to time.

 

8.7    No Warranties
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;
(f)    The platform or the server(s) are free of viruses or other harmful components.
The platform is provided to you strictly on an “as is” basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded and disclaimed to the highest and maximum extent. 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.

9.    INTELLECTUAL PROPERTY RIGHTS
9.1    Ownership of Platform and Content
(a)    The Company is the sole owner and lawful licensee of all rights to the Platform and any other digital media, including its contents. This includes but is not limited to the design, layout, text, images, graphics, sounds, and video on the website, Platform, or any other digital media. These contents embody trade secrets and Intellectual Property Rights protected under worldwide copyright and other laws. All titles, ownership, and Intellectual Property Rights in the Platform and its contents remain with the Company, except for third-party content and links to third-party websites on the Platform.
(b)    The term “Intellectual Property Rights” refers to all intellectual property rights or similar proprietary rights, including:
(i)    patent rights and utility models,
(ii)    copyrights and database rights, including moral rights,
(iii)    trademarks, trade names, domain names, and trade dress along with associated goodwill,
(iv)    trade secrets, and
(v)    industrial design rights. This includes any registrations of, applications to register, and renewals and extensions of any of the foregoing in any jurisdiction worldwide.
9.2    Reserved Rights
All rights not explicitly claimed under these Terms or by the Company are hereby reserved. The information contained on this Platform is intended solely to provide general information for personal use by the reader, who accepts full responsibility for its use.
9.3    Accuracy and Reliability of Information
The Company does not represent or endorse the accuracy or reliability of any information, advertisements, or content contained on, distributed through, linked, downloaded, or accessed from any of the services on this Platform. This includes the quality of any products, information, or other materials displayed or obtained by you as a result of any advertisement or other information in or in connection with a Service.
9.4    Trademarks and Service Marks
All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks, and other proprietary rights laws. Unauthorized copying, modification, use, or publication of these marks is strictly prohibited.
9.5    License to Use Platform
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Platform on a single mobile device that you own or control, and to run such a copy of the Platform solely for your personal use.
9.6    Customer Data
As between BOOKYOURCARAVAN and Customer, all rights, title, and interest in:
(a)    the Information,
(b)    other information input into the Platform by the Customer or its authorized users (“Other Information”), and 
(c)    all Intellectual Property Rights in each of the foregoing, belong to and are retained solely by the Customer. “Customer Information” collectively refers to Information and Other Information. The Customer grants BOOKYOURCARAVAN a limited, non-exclusive, royalty-free, worldwide license to use Customer Information and perform all acts with respect to the Customer Information as may be necessary for BOOKYOURCARAVAN to operate, maintain, and improve the Platform or provide the Services to the Customer. BOOKYOURCARAVAN also has a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify, and distribute Other Information as part of the Aggregated Statistics (defined below). The Customer is solely responsible for the accuracy, quality, veracity, integrity, legality, reliability, and appropriateness of all Customer Information. BOOKYOURCARAVAN agrees to access and use the Customer Information solely as set forth in these Terms or the Privacy Policy.
9.7    Aggregated Statistics
Notwithstanding anything else in these Terms, BOOKYOURCARAVAN may monitor the Customer’s (including authorized users) use of the Platform and the Services, and use data and information related to such use and Customer Information in an aggregate and anonymous manner. This includes compiling statistical and performance information related to the provision and operation of the Platform and the Services (“Aggregated Statistics”). All rights, title, and interest in the Aggregated Statistics and all Intellectual Property Rights therein, as between BOOKYOURCARAVAN and the Customer, belong to and are retained solely by BOOKYOURCARAVAN. The Customer acknowledges that BOOKYOURCARAVAN will be compiling Aggregated Statistics based on Customer Information and information input by other customers into the Platform. The Customer agrees that BOOKYOURCARAVAN may:
(a)    make such Aggregated Statistics publicly available, and 
(b)    use such information as required by applicable law and for purposes of data gathering, analysis, service enhancement, and marketing, provided that such data and information do not identify the Customer.
9.8    Usage Restrictions:
You will not do the following:
(a)    License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Platform in any way;
(b)    Modify or create derivative works based upon the Platform;
(c)    Create internet “links” to the Platform or “frame” or “mirror” any application on any other server or wireless or Internet-based device;
(d)    Reverse engineer or access the Platform in order to:
(i)    Design or build a competitive product or service,
(ii)    Design or build a product using similar ideas, features, functions, or graphics of the Platform,
(iii)    Copy any ideas, features, functions, or graphics of the Platform,
(iv)    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 that may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Platform.
10.    THIRD-PARTY LINKS
The Platform may contain links to third-party websites or services that are not owned or controlled by BOOKYOURCARAVAN. BOOKYOURCARAVAN has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

11.    EMERGENCY SOS
The Platform may include an SOS feature for emergency situations. This feature is intended to alert designated contacts in case of an emergency. BOOKYOURCARAVAN does not guarantee the effectiveness or availability of this feature.

12.    TERM AND TERMINATION
12.1    Term Duration
These Terms, which form the contract between BOOKYOURCARAVAN and you, are concluded for an indefinite period. You are entitled to terminate the contract between BOOKYOURCARAVAN and you at any time by deleting your account on the Platform.
12.2    Termination by BOOKYOURCARAVAN 
BOOKYOURCARAVAN is entitled to terminate your access to the Platform and/or the Services at any time and with immediate effect (by disabling your use of the Platform and the Service) if you:
(a)    violate or breach any term of these Terms,
(b)    misuse the Platform or the Service in the opinion of BOOKYOURCARAVAN, or
(c)    if there is reason to believe that the account is used fraudulently.
12.3    Notice of Termination
BOOKYOURCARAVAN is not obliged to give notice of termination in advance. After termination, BOOKYOURCARAVAN will give notice thereof in accordance with these Terms.
12.4    Force Majeure
Neither party will be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lockouts, riots, rebellions, accidental explosions, floods, storms, acts of God, and similar occurrences.
12.5    Legal Prosecution
In addition to the right to terminate or suspend access to your account and/or the Services in case of violation of these Terms, the Privacy Policy, or any applicable law, BOOKYOURCARAVAN reserves the right, in its sole discretion, to legally prosecute you if you act in a way that BOOKYOURCARAVAN decides involves fraud, misuse of the Platform, or is harmful to BOOKYOURCARAVAN’s interests, another user, any Driver, or any other participating third party.
12.6    Waiver
BOOKYOURCARAVAN’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of BOOKYOURCARAVAN’s rights.

13.    INDEMNITY AND LIMITATION OF LIABILITY
13.1    Indemnity
You will, at your expense, defend, indemnify, and hold harmless BOOKYOURCARAVAN, 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,
(a)    your use or misuse of the Platform or Services;
(b)    any claims from any third party as a result of or in connection with your use of the Platform or the Services.

13.2    Defense and Settlement
BOOKYOURCARAVAN reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BOOKYOURCARAVAN, including rights to settle, and you agree to cooperate with BOOKYOURCARAVAN for such defense and settlement. BOOKYOURCARAVAN 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. You may, at your own expense, engage separate counsel to advise you regarding a claim and to participate in the defense of the claim, subject to BOOKYOURCARAVAN’s right to control the defense and settlement.
13.3    Limitation of Liability
In no event will BOOKYOURCARAVAN 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.
13.4    Aggregate Liability
In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will BOOKYOURCARAVAN’s aggregate liability arising out of or in connection with these terms or the services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of INR 500/-. 

14.    GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms are governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Delhi,  India.

 

15.    ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without BOOKYOURCARAVAN's prior written consent. BOOKYOURCARAVAN may assign or transfer its rights and obligations under these Terms without restriction.

16.    SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

17.    CHANGES TO THESE TERMS
BOOKYOURCARAVAN reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Platform. Your continued use of the Platform after the posting of changes constitutes your acceptance of such changes.

18.    NOTICES
Any notices or other communications required or permitted hereunder will be in writing and delivered by email or through the Platform.

19.    CUSTOMER CARE AND GRIEVANCE REDRESSAL
For any customer care or grievance redressal issues, please contact BOOKYOURCARAVAN at admin@bookyourcaravan.com.  We will make our best efforts to address your concerns promptly.