TERMS OF USE

This Terms of Use is made by G.K AUTOMOTIVE PRIVATE LIMITED, a company registered under the Indian Companies Act, 2013 having its registered office at DR.NO 1/50, venkupalem, anakapalli, Vishakhapatnam 531032 (hereinafter referred to as "BYKSPA") and you as a User of the BYKSPA Service.

In these terms and conditions

"BYKSPA/we/us/our" refers to G.K AUTOMOTIVE PRIVATE LIMITED "Website" refers to www.BYKSPA.com. "Booking" refers to any request placed for services through the BYKSPA’s Mobile Application/Website or any other medium or platform.

User is hereby allowed to use the BYKSPA Service subject to acceptance of the Terms and Conditions and the Privacy Policy on the BYKSPA App and/or Website ("Terms"). BYKSPA retains the right to change the Terms from time to time and such modified Terms shall be immediately applicable.

If you continue to browse and use our Platforms you are agreeing to comply with and being bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you. Please use our Platforms only if you are in complete agreement with these Terms or with the Privacy Policy.

BYKSPA can provide User, subject to acceptance of terms and conditions, at its sole discretion, the User Name and Password ("User Account"). BYKSPA solely reserves the right to accept or reject application made by User for having User Account without obligation of explanation. BYKSPA reserves the right to store, evaluate, analyze, verify and authenticate the personal information and data provided by the User. The User hereby acknowledges that BYKSPA continues to maintain right to close the User Account without any prior notice for any reasons whatsoever it may be. Any person who accesses BYKSPA Service is presumed to be legally capable of entering into a legal contract and has understood and voluntarily accepted the Terms.

RULES OF CONDUCT

The BYKSPA Service shall facilitate the User to book services online by using the BYKSPA App and/or Website. You acknowledge, agree that you have complete responsibility while ordering services through the BYKSPA App and/or Website. The User’s discretion is required while using the BYKSPA Service.

The BYKSPA Service shall be used solely for User’s non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. User’s Use of the BYKSPA Service is subject to all applicable local, state, national laws and regulations wherever applicable. Except as specifically permitted in Terms, User shall have no right to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display or make available, or in any other manner, decode the BYKSPA App and/or the Website.

BOOKING

You agree that, any contract for the service ordered through use of BYKSPA App and/or Website is between you and BYKSPA; any contract for the supply of BYKSPA Service from the BYKSPA App and/or Website is between you and BYKSPA. You agree to take reasonable care when providing BYKSPA with your details and warrant that these details are accurate and complete at the time of ordering a service. You also warrant that the credit or debit card details that you provide are of your own credit or debit card.

BYKSPA Service and/or Services purchased/availed from the BYKSPA App and/or Website is intended for your use only and that You are acting as an end customer only and not as an agent for another party while using the BYKSPA Service You understand that, if the ordered service is within the capacity of the BYKSPA, BYKSPA will accept the contract and conform it to you. If the details of the order are correct, the contract for the service will be confirmed by text message (SMS) and/or other medium to the User.

In case the service offered by BYKSPA is booked, BYKSPA will conform availability together with or separately from service.

The conformation message will specify delivery details including the approximate service time specified by BYKSPA.

In case service is not possible for whatsoever reason, BYKSPA will let you know by text message (SMS), phone call and/or other medium. You understand and acknowledge that in unforeseeable events or Force Majeure events, BYKSPA may not be able to reach and/or communicate with you about the non-availability of the scheduled service.

PRICES AND PAYMENTS

All prices listed on the BYKSPA App and/or Website for services are correct at the time of publication. While BYKSPA takes great care to keep them up to date, the final price charged to you by BYKSPA may vary based on the problems diagnosed by mechanic. BYKSPA reserves the right to alter the pricing of the services available for usage on the BYKSPA App and/or Website and to delete and remove them if needed.

All prices for services by BYKSPA or a third party service provider assigned by BYKSPA listed on the BYKSPA App and/or Website is correct at the time of publication, however, BYKSPA reserves the right to alter the same in future.

For orders that need an inspection or visit, the final cost towards the service will be conformed after the inspection/ visit and before commencement of the service. Full payment must be made for all the particulars mentioned in the final booking invoice. Payment has to be made in cash or, if available on the BYKSPA App and/or Website, by online payment including through credit card, debit card, net banking or wallet

You shall ensure that online payment mode is secured; your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct necessary security checks to conform about your identification before making any such payment.

SERVICE

Service time quoted at the time of ordering is approximate only and may vary. Services will be delivered to the address as intimated by you while making booking request.

BYKSPA will make every effort to deliver within the time stated; however, BYKSPA will not be liable for any loss caused to you by late delivery. If the service is not offered within the estimated delivery time quoted, User shall contact BYKSPA by email or call and BYKSPA will try to ensure that you receive your service as quickly as reasonably possible.

In case of a late service, no charges will either be voided or refunded by BYKSPA

All risk in the service shall pass to you upon availing the service though BYKSPA takes ample precaution to avoid any such risks.

If you fail to accept the service at the time they are ready or BYKSPA is unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then the service shall be deemed to have been delivered to you and all risk and responsibility in relation to such booking shall pass to you. Any storage, insurance and other costs, which BYKSPA incurs as a result of the inability to service, shall be your responsibility and you shall indemnify BYKSPA in full for such cost.

You must ensure that at the time of service arrangements, including access where necessary, are in place for offering the service. BYKSPA cannot be held liable for any damage, cost or expense incurred to such service as a result of a failure to provide adequate access or arrangements for service.

In case, bike servicing at doorstep is not possible based on our mechanic's recommendation, BYKSPA will make arrangements for picking up your bike to the nearest BYKSPA workshop. Customers are expected to hand over the bike with no personal belongings, including but not limited to helmets, tool kit, papers etc. BYKSPA shall not be held responsible for loss of any personal belongings during the course of servicing. However, BYKSPA will assist and help you in resolving any such issues.

Customers are expected to report any issues related to bike service within 30 days of request fulfillment. After the 30 day period, any issue reported will be treated as separate request and will be charged accordingly.

Bike wash is not included in any of our services.

All spare parts, accessories used in the service carry manufacturer's warranty.

BYKSPA shall not be liable for any conduct or behavior or actions of mechanics. However, BYKSPA encourages you to notify us of any complaints that you may have against the mechanic who has provided you with services on behalf of BYKSPA

BYKSPA shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery

You understand and accept that it might not be possible for BYKSPA, vendor or service partners to offer services to some locations. In such cases, BYKSPA will inform you accordingly and arrange for cancellation of the order or service to any alternative delivery address.

CANCELLATION

You must notify BYKSPA immediately if you decide to cancel your booking, through the app or website or by phone. If BYKSPA accepts your cancellation, no cancellation fee applies. If BYKSPA is unable to accept your cancellation for some reason e.g. because task force has been allocated and/or task force is already out for service, the booking request for the service may not be cancelled. BYKSPA will not be able to refund the total money already paid for any cancelled booking, for which service arrangements have been already made. Cancellation charges will be detected from the amount. And in case of non-payment a cancellation fee will be added to customer account which will be charged on their next service.

BYKSPA may cancel a booking request if the service unavailable for any reason. BYKSPA will notify you if this is the case and return any payment that you have made.

If the cancellation was made in time and once BYKSPA has accepted your cancellation, BYKSPA will refund or re-credit your debit or credit card or net banking account with the full amount within 14 days.

In the unlikely event that BYKSPA offers a wrong service, you have the right to reject the service of the wrong booking request and you shall be fully refunded for the booking if you decide not to opt for the correct service. The booking request’s completeness will be decided by comparing offered service with the booked service.

In cases of addresses being incomplete, BYKSPA reserves the right to cancel such orders automatically.

INFORMATION

Where BYKSPA have requested information from you to provide service, you agree to provide BYKSPA with accurate and complete information.

You authorize BYKSPA to use, store or otherwise process your personal information in order to provide the service to you and for marketing. The Purpose may include the disclosure of your personal information to select third parties from time to time where BYKSPA believes that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the service to you in future. More information can be found in BYKSPA’s Privacy Policy.

You are entitled to request a copy of the said personal information BYKSPA holds about you. Please contact us if you wish to request copy of this information.

PERSONAL INFORMATION

User understands and acknowledges that by choosing BYKSPA you have allowed BYKSPA to use your personal information.

User understands, acknowledges and agrees that although BYKSPA provides appropriate firewalls and protections, the BYKSPA Service is not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible.

In case BYKSPA is required to disclose your personal information in order to assist the Government Authority or in adherence to the Court Order or to protect the interest of the BYKSPA Service and/or any particular user(s), BYKSPA will disclose it without obtaining prior permission from you. You authorize us to disclose your personal information.

OWNERSHIP OF INFORMATION

All data, information is the property of BYKSPA or its Users. If you believe that the BYKSPA Service contains elements that infringe your intellectual property rights in your work, please notify BYKSPA immediately. If BYKSPA receives intellectual property right infringement claim notification and it is felt appropriate, BYKSPA may remove all such content from the BYKSPA App and/or Website, which is indicated as infringing, and/or take any other appropriate action.

DISCLAIMER AND LIMITATIONS OF LIABILITY

The BYKSPA service and all contents, materials and postings are made available on an "as is" and "as available" basis, without any representation or warranty of any kind, express or implied. The BYKSPA service will be available for use, or that all services, features, functions or operations will be available or be performed as described. the services, the BYKSPA app and/or website is not hack proof. The data may get pilfered, damaged, lost, garbled or become useless. Without limiting the foregoing, BYKSPA is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the BYKSPA service. You understand, acknowledge and agree that you are assuming the entire risk as to your data, quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, safety, security and validity of any and all features and functions of the BYKSPA service, including, without limitation, postings and materials associated with your use of the BYKSPA service.

You understand and agree that, to the fullest extent permissible by law, the BYKSPA service, BYKSPA and their successors and assigns, or any of their a affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the BYKSPA service or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages

INDEMNIFICATION

You agree to indemnify, defend and hold BYKSPA, its parents, subsidiaries, assigns and licensors, franchisees or sub-franchisees, any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of Terms by you, or due to your activities related to the BYKSPA Service, whether by use of User Account or otherwise.

APPLICABLE LAWS

These Terms contains the entire understanding and agreement between User and BYKSPA and supersedes any and all prior or inconsistent understandings relating to BYKSPA Service and your use of BYKSPA Service. Terms cannot be changed or terminated orally. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of Terms. Terms and your use of BYKSPA Service is governed by, construed and enforced in accordance with the laws of India applicable to contracts made, executed and wholly performed on the BYKSPA Service, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Vishakhapatnam, Andhra Pradesh, India and you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction or otherwise.

FORCE MAJEURE

Without limiting the foregoing, under no circumstances shall BYKSPA be held liable for any damage or loss due to deficiency in performance of the BYKSPA Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.

DISCLAIMER

BYKSPA reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Platforms. In no event will BYKSPA 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 the App, Website or Services.

All rights, not otherwise claimed under these Terms or by BYKSPA, are hereby reserved.

GENERAL PROVISIONS

Each provision of the Terms is independent of each other. If any provision of the Terms is found void and unenforceable, it will not affect the validity of the remaining provisions of Terms, which shall remain valid and enforceable.

COMPLAINTS

BYKSPA takes complaint very seriously and aim to respond to your complaint within 5 business days. All complaints to be addressed to info@BYKSPA.com

IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS, YOU MUST NOT USE BYKSPA SERVICE.

If you have any questions about the terms & conditions, please contact us at:

Address : DR.NO 1/50 VENKUPALLEM, ANAKAPALLI, VISHAKHAPATNAM, ANDHRA PRADESH. PIN: 531032.

These Terms of Use (“Terms”) apply to a users’ (“user/your”) access to, and use of the BYKSPA bike rental service (“Service”). The Service is operated by [GANESH KUMAR AUTOMOTIVE PRIVATE LIMITED Pvt. Ltd.], and its subsidiaries, licensees, and affiliated companies (collectively, “BYKSPA/We”).

As a condition of using the Services, you agree to be bound by these Terms. By using the Services, you agree to these Terms, as may be updated from time to time. If you do not agree to these Terms, do not book, rent or take possession of the BYKSPA Bike vehicles (“Vehicle(s)”) or use the Service. Because these Terms are a legal contract between you and BYKSPA, it is important that you review the Terms carefully before availing of the Service. These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with BYKSPA, including without limitation the privacy policy (“Privacy Policy”).

  1. USER ACCOUNT
    • In order to use the Service, you are required to provide various information about yourself including your name, email address, address, date of birth and other personal information (“user data”), and are required to be over the age of eighteen (18) years. You agree that any information you provide to BYKSPA will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.
  2. BOOKING, PAYMENT AND CANCELLATION
    • All bookings require to be made in advance. At the time of booking, the full fee for the rental of the Vehicle (“RentalFee”) as laid out in the Fee Policy, shall be paid by you.
    • Should you wish to cancel your booking, or reduce the period of rental, you are required to do so on the day prior to the date of the booking, at no cost, by sending an email request or over the phone. In the event of cancellation on the date of the scheduled booking, the user shall be liable to pay cancellation costs as under the Fee Policy.
    • In the event your wish to extend a reservation, you shall contact BYKSPA and put forth your request. Please note that BYKSPA is under no obligation to extend your reservation, and may do so only if a) the Vehicle is available for use for the additional period requested; and b) the request to extend is completed prior to the scheduled expiration time of your existing reservation.
  3. USER DOCUMENTATION

Prior to receiving possession of the Vehicle, you shall be required to provide the following documents to BYKSPA:

  • Valid driving license to ride a motor-cycle with/without gear, depending on the Vehicle proposed to be hired, in India;
  • Copies of address Proof such as passport/Adhaar Card/Voter ID which shall be obtained by BYKSPA’ staff at the time of Vehicle pick-up/drop-off.
  • In the event the documentation provided by a user is fake or invalid, the same would attract a penalty as detailed under clause 7.
  • As a mandatory policy, individual customers who have placed a booking are requested to show one of their original government verified ID proof such as Aaddhar card, Voter ID card, Passport etc., as leverage during vehicle pick-up. No private organization's ID will be accepted for the same. The ID card will be returned at the time of booking completion.
  1. PICK-UP AND RETURN OF THE VEHICLE
    • The user is required to pick up the Vehicle at the bike station indicated at the time of booking. The user acknowledges that the actual colour, model and number of the Vehicle may vary from that indicated in the booking, however, a similar vehicle shall be provided. The user further acknowledges that due to maintenance activity, delayed return of the Vehicle or similar exigencies, the availability of the Vehicle to the user may be delayed. However, the Vehicle or a similar alternative shall be made available within 1 hour(s).
    • Prior to taking possession of the Vehicle, the user is advised to do a brief inspection and the vehicle, so as to point out any defect that may materially affect the usage of the Vehicle. In the event no such damage or defect is pointed out to the BYKSPA staff at the time of taking possession, such damage shall be deemed to have been caused during the time the Vehicle was in your possession, and you shall be liable to pay fees towards damage or other applicable fees, and BYKSPA Bikes reserves the right to suspend, or terminate your membership. Any scratches beyond one (1) millimeter in width and/or depth and two (2) centimeter in length shall be considered as “damage” for the purpose of this clause, in addition to any other visible or invisible defect, or any defect that affects the normal usage of the Vehicle.
    • Should you become aware of any damage or defect subsequent to taking possession that prevents the normal usage of the Vehicle, you shall intimate BYKSPA of the same immediately. Similarly, in the event of theft or damage to the Vehicle by a third party, you shall intimate BYKSPA immediately.
    • You shall return the Vehicle, its key and any other driving accessories provided at the relevant bike station upon the reservation period ending in the same condition as when you took possession, barring usual wear and tear, which shall be at the discretion of BYKSPA. In the event the Vehicle is returned past the reservation period, you shall be liable to pay late fees as described in the Fee Policy.
    • Upon return, a quality control (QC) report shall be prepared which shall be handed over to the user upon return of the Vehicle.
    • BYKSPA is not liable for the availability of preferred color of the two-wheeler at the time of booking confirmation. The bike images displayed on the application/website during booking are indicative and are subject to time.

 

 

  1. USE OF THE VEHICLE AND CONDUCT
    • The user warrants that he/she shall use the Vehicle in accordance with all applicable laws including the Motor Vehicles Act, 1988 and all rules framed thereunder, and shall not use the Vehicle for, or carry out while using the Vehicle, any illegal or unlawful activities.
    • The user shall be responsible for all charges and costs incurred with respect to the Vehicle for the entire period of the reservation and until the Vehicle is returned in a manner acceptable to BYKSPA.
    • The user agrees and acknowledges that BYKSPA prohibits the use of the Vehicle in the following manner:
      • With more than two (2) people on the vehicle;
      • Seating or accommodating pets on the vehicle;
      • Under the influence of alcohol and/or drugs or other banned substances or consuming tobacco or tobacco products on the vehicle;
      • For or in any kinds of race, contest or competitions, or stunts;
      • Tampering with, disassembling or in any way altering the vehicle or any of its parts without prior authorization from BYKSPA on a need basis;
      • Uncommon usage, irresponsible riding methods, overstressing and mishandling the motorcycles causing excessive wear of the vehicle parts and undue damage;
      • To carry unlawful/ hazardous or prohibited material;
      • Using the incorrect fuel for the vehicle;
      • Commercial usage of any type deriving financial benefits;
      • Attaching any external structures to our motorcycles causing damage to the vehicle or other vehicles/human beings/animals coming in contact with it;
      • Any other inappropriate use of the vehicle.
    • In the event of any traffic violation by you while using or involving the Vehicle and/or your driving license you shall notify BYKSPA of the same immediately. You acknowledge that you shall be liable to pay all fines/penalties associated with such traffic violation (including parking, speeding, riding without a helmet, cutting signals etc.), and BYKSPA shall have no responsibility with respect to the same.
    • The rental of the Vehicle is a right specific to the user, and cannot be transferred or granted to any third party. In the event the Vehicle is operated by any third party, the same shall amount to a Penalty Event.
  2. ACCIDENTS AND BREAKDOWNS
    • You understand that while BYKSPA ensures that all its vehicles are maintained in the best manner, owing to the nature and amount of use, they may be prone to faults and breakdowns in rare situations. These vehicles are susceptible to breakdown once in a while owing to many uncontrollable situations. All breakdowns or incidents involving a Vehicle must be intimated to BYKSPA immediately, and we shall ensure a mechanic or other professional is assigned to rectify such defect, or a replacement is provided to you.
    • In the event of an accident leading to the damage of the Vehicle or any damage or injury to a third party and/or vehicle, you must immediately inform BYKSPA and i) fill out an official police report form;ii) provide an accident report to BYKSPA in the manner prescribed; and iii) provide the following information to BYKSPA:
      • Date, time, and place of accident;
      • The license plate numbers of any other vehicles involved;
      • The names, addresses, and driver’s license numbers of the persons involved in the accident, or the name, address, and driver’s license number of the owner of the vehicle (if he or she is not the driver);
      • The name, addresses, and phone number of witnesses, passengers, and any other involved persons, where possible.
      • Circumstances of the accident.
    • The user shall be responsible for the costs related to the repair, recovery, and loss of use of any Vehicle resulting from any such accident, to the extent that insurance cover does not provide for the same. The user agrees and acknowledges that he/she shall be wholly responsible for all damages and costs arising from his/her failure to comply with these terms.
  1. BREACH
    • In the event of breach of any of the provisions of this Agreement, the user shall be liable to make good the damage caused to the Vehicle(s) and/or BYKSPA due to such breach. In the event of a breach of the provisions of Clause 5, where the breach has criminal consequences, BYKSPA reserves the right to initiate appropriate criminal proceedings against the user, and where there are no criminal consequences with respect to such breach, BYKSPA shall be at liberty to levy such penalty as decided under the Fee Policy.
  2. INDEMNIFICATION
    • Despite any provisions of law to the contrary, you agree and acknowledge that any claim, theft, damages, liabilities that may arise during the possession of the Vehicle by you, and any penalty or fine levied due to, or arising out of your possession and/or usage of the Vehicle shall be your own responsibility, and you shall make good the same.
    • Despite any provisions of law to the contrary, you shall defend, indemnify, and hold BYKSPA and its officers, directors, agents, employees, and consultants harmless for damages, liabilities, claims, losses, costs, demands, suits, actions, and reasonable expenses (including attorneys’ fees and settlement costs) arising out of or related to any suits or claims by a third party brought against BYKSPA
    • regarding any actions or inactions alleged or arising out of the use or possession of the Vehicle by you.
  3. TERMINATION
    • BYKSPA may terminate these Terms, or your access to the Services in the event of a breach of any of the provisions of these Terms by you, with or without prior notice. BYKSPA may also stop providing the Services to you, or all users when it is no longer practicable or feasible to do so. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
  4. GOVERNING LAW
    • This Agreement shall be governed by the laws of India, and the courts of Vishakhapatnam shall have exclusive jurisdiction with respect to any dispute arising hereunder.
  5. DRINK AND DRIVE POLICY
    • According to Government Motor Vehicles Act 2016 under Section 185, a motorist caught under the influence of alcohol exceeding the permissible limit which is 30mg of alcohol in 100ml of blood is liable to be charged and the vehicle will be ceased by the City Traffic Police indefinitely. Under this circumstance, the BYKSPA user will be charged with the asset cost and downtime period.
    • If at any time, the user exhibits any signs of intoxication during bike pick-up, BYKSPA is at complete liberty to cancel the booking and no amount will be processed for refund.
    • Under a bike cease by City Traffic Police, BYKSPA will not be liable for any of the legal procedures set by the Court and the corresponding charges will be undertaken by the user himself. Under no circumstance is BYKSPA responsible for aiding the user.
    • If found intoxicated at the time of booking completion, the user will be further blocked from using BYKSPA services indefinitely.
  6. CROSSING STATE BORDER
    • If the user intends to cross state borders, he will be liable to cover the state taxes including penalties if charged with. BYKSPA will not be held responsible in case the user has been penalized due to lack of state-entry invoice that is obtained after completing payment before entering another state.
    • Gearless two-wheelers like Honda Activa and such are strictly prohibited to travel inter-city under any circumstances including medical emergencies, personal issues or more. For any incidence outlined above, the user is liable to pay a penalty amount of ?300 at the time of two-wheeler return at the corresponding hub-station.
  7. MISCELLANEOUS PROVISIONS
    • Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
    • Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
    • Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
    • No Agency: Each party to these Terms is acting and shall act solely as an independent contractor. In no way is either Party to be construed as the agent, or to be acting as the agent, of the other party in any respect, notwithstanding any provision of this Agreement. The Parties expressly agree that nothing contained herein shall be deemed to create the legal relationship of agent and principal or employer-employee between BYKSPA and the user.
    • No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
    • Notices: Any notice required or permitted to be given to BYKSPA hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified BYKSPA. All notice required to be given under these Terms shall be addressed to:

Ganesh kumar automotive private limited

1-50, venkupalem, anakapalli, Vishakhapatnam. 531032

or

info@bykspa.com

We may change the Terms or modify any features of the Services at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the “Terms of Use” section of the website. If you continue to use the Services after changes are posted, you will be deemed to have accepted the change.

 

 

 

 

 

PRICING POLICIES

BYKSPA Bikes takes onus for being absolutely transparent with our riders. Mentioned below is a comprehensive list of pricing for certain scenarios after you have created your reservation.

Cancellation

Cancellation made more than 6hrs before booking start: ?100
Cancellation made within 6hrs of booking start: 50 % of Booking Fee
Cancellation made within 2hrs of booking time: 75% of the Booking Fee
Cancellation made after booking start: No Refund

Note: (Cancellation refund will be done through the original payment method within 7- 10 working days)

Reschedule before start

Modifications made more than 6hrs before booking start: ?50
Modifications made within 6-2 hrs of booking start: ?50 or 10% of the booking (which so ever is greater)
Modification made within 2-1 hrs of booking start: ?100 or 20% of the booking (which so ever is greater)

Extension Charges

Extension before start time: ?50 extra plus the normal charges for the period extended
Extension post start time: ?250 extra plus the normal charges for the period extended
Please note that extension is subject to vehicle availability
Extension charges should be paid fully in either cash or through online payment methods in order to extend the booking successfully.

Shortening post start

No refunds would be provided in this case

Late Return

After one hour one day charge will be added

Extra km charges

No charge

Note :

  • All refunds shall be made through the original payment mode within 7-10 working days
  • BYKSPA Bikes reserves the right to charge a violation penalty on the rider
  • Weekend (Sat-Sun) rates may vary based on availability

List of penalties that can be applicable if rider violate terms mentioned

Traffic and Parking violations

Full payment of fines + ?500 per 30 days late in payment

No Show

Bookings would stand cancelled if after 4 hours of booking start time the customer still doesn’t show up.
No refunds would be applicable

Overspeeding >= permissible limit for that segment

Initially two warnings, then charged at ? 200 for overspeeding 3rd time. Beyond 3rd warning a Penalty of ?500 is charged (over and above any government fines that may have been levied) 

OVERSPEEDING LIMITS 
Non Geared Scooters: 75km/hour
All Other vehicles: 60-80km/hour

Key/Helmet not returned at end of reservation

Fined will be posed as per rates

Vehicle Damage

Insurance claim will only be taken in case the estimate is above INR 10,000/-
In case of the repair estimate is more than INR 10,000 - the customer has to bear

 

  1. The amount which is not covered under insurance claim
  2. Rental amount for the number of days taken for repair

Entire claim amount has to be paid by the customer upfront. BYKSPA Bikes will refund the amount claimed under insurance to the customer, as when the claim process is completed.

Towing and Impounding

No cost will be charged to customer if caused by vehicle failure & full cost to be charged to customer if caused by user negligence.

Helmet

One helmet is provided by BYKSPA Bikes. Pillion rider helmets are subject to availability.

GPS Holder

In case the GPS holder is missing or broken/damaged, a penalty of INR 2500 will be levied on the rider.

Petrol

BYKSPA Bikes does not provide fuel. The tariff mentioned is exclusive of fuel. BYKSPA Bikes provides one litre fuel while delivery of vehicle and expects the rider to return the same amount of fuel while returning the vehicle. In case there is excess fuel in the vehicle at the time of return, BYKSPA Bikes is not liable for any refunds for the same.
In case there is shortage of fuel in the vehicle, the fuel charges as applicable have to be borne by the rider.

Operating Hours

All our hub stations are operational from 09:00 AM to 09:00 PM, all seven days a week. All pickup/return should be completed maximum before 09:00 PM. In case the rider fails to pickup/return the vehicle by 09:00PM, the pickup/return will take place on the next day and the applicable charges will be levied on the rider. No pickup/return request will be entertained post 09:00 PM.

Misconduct

Any misconduct with the station executive by the rider under the influence of alcohol or otherwise will result in cancellation of booking. The rider will not be liable to any refunds in such case.

Customer Care timings

08:00 AM to 12:00 AM


 

Exceptions

  • In the event the rider is found to be under the influence of alcohol during a booking, the rider will be held liable for 100% of the vehicle damage bill as per the invoice received from the vehicle workshop
  • The rider will be liable for 100% of the entire vehicle damage bill in the event that the vehicle workshop and/or insurance company deem the damage to be consequential in nature (this will be clearly stated in the accident report). Consequential damage occurs when the rider continues driving even after an external vehicle impact, thereby severely undermining the condition of the vehicle.
  • In the event of a puncture to the Vehicle’s tyres during such time the Vehicle is in the customer’s possession (including change of tyre tube and similar), the customer shall be liable to repair the same, or pay the cost of repair to BYKSPA Bikes.

Responsibility for Payment:

  1. Payments by riders shall be made with his/her credit card, debit card, E-wallets or cash. The rider is under obligation to ensure that the account from which the amounts are to be collected have sufficient funds or credit available to cover any charges. Rider is solely responsible for any associated bank or credit card charges or fees. Rider may be charged a processing fee for a declined credit or debit card payment.
  2. In the event the rider defaults on any payments, BYKSPA Bikes is entitled to charge reminder fees and default interest in accordance with the provisions of the law. In addition, BYKSPA Bikes may utilize third parties to collect amounts owed to BYKSPA Bikes by a rider.
  3. With all fees mentioned above, BYKSPA Bikes reserves the right to prohibit a rider from making a subsequent reservation until all outstanding fees in the rider's account have been paid in full. In the event a fee is incurred, riders will receive an invoice from BYKSPA Bikes that will have detailed payment instructions.

Collision or other incident:

  1. Rider will be responsible for all towing and impounding charges associated with a collision.
  2. Rider will be responsible for all towing and impounding charges caused by rider failure.
  3. BYKSPA Bikes will be responsible for all towing and impounding charges caused by vehicle failure.
  4. Rider will be responsible for all towing and impounding charges caused by rider failure.
  5. Rider will be responsible for all applicable damages and costs, including those in excess of the applicable Damage Fee, arising from the rider's failure to comply with the terms of the Agreement and/or a violation of the law.
  6. Riders are responsible for paying all tolls at the time they are due.

PRIVACY POLICIES

This privacy policy (“Privacy Policy”) is subject to the terms of use of the website [www.bykspa.com] (“Website”) and mobile application (“Application”), and comes into effect from the date and time a user (“user”) registers with BYKSPA Bikes, and accepts the Terms of Use laid out therein. By using the Website/Application, or its Services, the user consents to collection, storage, and use of the personal information you provide (including any changes thereto as provided by the user) for any of the services that BYKSPA Bikes offers.

Our Privacy Policy sets out how BYKSPA Bikes (“BYKSPA Bikes/We/Our”) collects, use, share and protect information provided in connection with BYKSPA Bikes services (collectively, the “Service(s)”), and your choices about the collection and use of your information.

  1. COLLECTION OF PERSONAL INFORMATION

In the course of providing the Services to you, BYKSPA Bikes collects the following information:

  • Personal information such as your username, password, e-mail address, phone number and address when you register for a BYKSPA Bikes account (“user information”).
  • We may automatically collect some information about your hardware devices when you access BYKSPA Bikes. For example, when you utilize our applications, we may collect your internet protocol (“IP”) address and the type of mobile device you use and your geographic location. We also may collect information about your activity on BYKSPA Bikes, such as information about your account usage, as well as information about how you interact with the Website/Application. We may combine this automatically-gathered information with other information, including personal information we have collected about you.
  • Communications between you and BYKSPA Bikes.
  1. STORAGE OF INFORMATION AND CONTENT
  • We have implemented procedures to help protect the information that you provide to us. However, no method of transmitting or storing electronic data is ever completely secure, and we cannot guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this policy. We expressly disclaim any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing, or otherwise offering any definitive promise of security in connection with your Information. THE USER IS RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR ACCOUNT INFORMATION AT ALL TIMES.
  • The user is solely responsible for maintaining confidentiality of the user’s password and user identification. The user shall be solely responsible for all activities and transmission performed by the user through his user identification. BYKSPA Bikes assumes no responsibility or liability for their improper use of information relating to such usage of credit cards and/or debit cards by the user, whether online or off-line.
  1. USE OF YOUR CONTENT
  • In order to provide a personalised browsing experience, BYKSPA Bikes may collect information from the user, and the user agrees that BYKSPA Bikes may use such information to improve its marketing and promotional efforts, to analyse usage, improve the content of BYKSPA Bikes, product offerings, and to customise BYKSPA Bikes’ content, layout, and services, in order to improve BYKSPA Bikes and better tailor it to meet the needs of the user.
  • To extend this personalized experience, BYKSPA Bikes may track the IP address of a user’s device and save certain user data on the user’s device in the form of cookies. BYKSPA Bikes uses this data to deliver web pages to the user upon request, to customize the site to the interests of the user, to measure traffic within the Website/Application, and let advertisers know the geographic locations of the users. Such portion of the user data provided by a user to BYKSPA Bikes that may be personal or sensitive in nature, will not be provided to third parties without previous consent of the user concerned. user data of a general nature may however be revealed to external parties.
  • We use or may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Services; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Services; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our service.
  • We use third-party analytics tools to help us measure traffic and usage trends for the Services. These tools collect information sent by your device or our Services, including the web pages you visit, add-ons, and other information that assists us in improving the Services. We collect and use this analytics information with analytics information from other users so that it cannot reasonably be used to identify any particular individual user.
  • When you interact with our customer service representatives, we may also collect personal information, monitor and record phone calls, emails, or other communications between you, BYKSPA Bikes, and our customer service representatives or other employees or representatives.
  • In order to facilitate communications between you, your friends, and other BYKSPA Bikes users.
  1. SHARING YOUR CONTENT
  • We may share user information and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that BYKSPA Bikes is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences).
  • We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Services to you. Our service providers will be given access to your information as is reasonably necessary to provide the Services under reasonable confidentiality terms.
  • We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
  • BYKSPA Bikes may share sensitive personal information of a user with any third party without obtaining the prior consent of the user in the following limited circumstances:
  • When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing the Terms of Service, this Privacy Policy, or for complying with the applicable laws and regulations.
  • BYKSPA Bikes proposes to share such information within its group companies and officers and employees of such group companies for the purpose of processing personal information on its behalf. BYKSPA Bikes also ensures that the recipients of such information agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
  • Where it is deemed necessary, in good faith so as to protect the property of BYKSPA Bikes, its employees, vendors, contractors and sub-contractors.
  • With its employees, vendors, contractors, sub-contractors and other parties in order to provide the services to the user.
  • BYKSPA Bikes proposes to share such information within its group companies and officers and employees of such group companies for the purpose of processing personal information on its behalf. BYKSPA Bikes also ensures that the recipients of such information agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
  • In the event of a sale of all or part of the business of BYKSPA Bikes, or a sale or transfer of assets, or merger or business transfer, or in the event of bankruptcy, Wolf Labs may share your personally identifying information to one or more third parties as part of such transaction.
  1. In compliance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Shiv ganesh

Ganesh kumar automotive  Pvt Ltd

08008297135

  1. BYKSPA Bikes may change or amend this Privacy Policy from time to time to incorporate necessary future changes. BYKSPA Bikes use of user Information shall be in adherence with consistent with the provisions of the relevant privacy policy under which the information was collected, regardless of new or conflicting provisions in an updated Privacy Policy.

INSURANCE POLICIES

Travel Insurance Policy

  1. The user is eligible to claim insurance only if he/she has opted for insurance coverage at the time of booking by completely paying the amount as displayed on the website.
  2. For any damages incurred to an BYKSPA Bikes asset (the two-wheeler), the user will be held responsible for bearing all the charges up to INR 10,000.
  3. For any damages incurred to an BYKSPA Bikes asset (the two-wheeler) amounting more than INR 10,000, the user is eligible to claim insurance to cover the charges that imply including the rental cost incurred during downtime period of the asset which is a time period otherwise utilized by another BYKSPA Bikes user.
  4. BYKSPA Bikes is at full liberty to inspect its assets before proceeding to claim insurance and its decision will be considered legitimate under all circumstances.
  5. For any BYKSPA Bikes user covered by travel insurance opted at the time of booking, he/she will be eligible to claim INR 2 Lakh under an unpredictable loss of life.
  6. The pillion rider with the BYKSPA Bikes user will be insured for INR 1 Lakh only.
  7. In case of a misfortunate incident involving a third party, he/she is covered under the insurance and will be eligible to claim an amount tentative to various factors such as lifestyle, tax returns, and rent etc.
  8. BYKSPA Bikes assets (the two-wheeler) will be insured in totality. Any deficit amount outstanding at the end of claiming insurance and damage repairs will have to be completely borne by the user.