Terms of Use

TERMS OF USE The following General Terms and Conditions ​ (Terms of Use/ Ts and Cs) are valid for the use of Rental Bicycles offered by Arcis Tours Private Limited (hereinafter referred to as “​ B: LIVE​​ ”). THIS B: LIVE WEBSITE TERMS OF USE (“MEMBER AGREEMENT”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS/RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS MEMBER AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. THIS LEGAL AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND B: LIVE (BOTH TERMS DEFINED BELOW). THIS MEMBER AGREEMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP AND TRANSACTION BETWEEN USER AND B: LIVE FOR THE USE OF THE SERVICES OFFERED THROUGH WEBSITE (DEFINED BELOW). This Member Agreement on the website ​ ​ https://blive.co.in/ and under the name and style of “B: LIVE” (“the Website”) is between Arcis Tours Private Limited (hereinafter referred to as “B: LIVE” or “Company” or “We” or “Us” or “Our”) and the guest users or registered users of the Website ( hereinafter referred to as “Member” or “You” or “Your” or “Yourself” or “User”) describe the terms on which B: LIVE offers you the access to the Website and such other services as are incidental and ancillary thereto. (“Services”) PLEASE READ THE TERMS OF MEMBER AGREEMENT CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL OR INFORMATION OR AVAILING SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE OR AVAIL ANY SERVICES BEING OFFERED THROUGH THE WEBSITE. IN THE EVENT OF CONFLICT BETWEEN THIS AGREEMENT AND ANY OTHER DOCUMENT WITH RESPECT TO B: LIVE’S OTHER PROGRAMMES, THESE TERMS AND CONDITIONS SHALL GOVERN EXCEPT AS OTHERWISE SET FORTH BY B: LIVE IN WRITING. 1. MODIFICATION OF AGREEMENT: B: LIVE reserves the right to change the terms of this member agreement from time to time and shall give notice of such changes to the member in a timely manner. Notice to the member shall be considered given when such notice is indicated and accessible from the first page accessed after the member log on to B: LIVE website, by email to the members’ email address provided to us. Your continued use of any part of the service or website following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. IT IS THEREFORE IMPORTANT THAT YOU REVIEW THIS AGREEMENT REGULARLY. 2. GENERAL: Arcis Tours Private Limited is a company incorporated under the laws of India, with its registered office at Panaji Goa, and having CIN: U63030GA2018PTC013581 (hereinafter referred to as the Company or by its brand “B: LIVE). Upon renting B: LIVE, the member accepts the current and valid version of Privacy Policy available at ​ ( ....provide link.....).3. REGISTRATION: To create and register for an account with B: LIVE, you must complete the registration process on the Website (or such other URL that B: LIVE may provide) by providing us with current, complete, and accurate information. Upon registration for an account with B: LIVE through our Website (thereinafter, a “Member” and collectively with B: LIVEaccount holders, “Members”), you will be required to provide us with your email address and select a password. You must update your account information so that it remains current, complete, and accurate at all times. You understand that you are solely responsible for maintaining the confidentiality of your password and that you shall be solely and fully responsible for all activities that occur under your username and password. B: LIVErecommends that you change your password every ninety (90) days. B: LIVE shall not be responsible for any loss, claim, or other liability that may arise from the unauthorized use of any password. You agree to immediately notify us of any unauthorized use of your password or username or any other breach of security by emailing us ​ at info@blive.co.in. If a password is lost or stolen, it is your responsibility to change the password, and immediately notify us, so that your account remains both secure and functional. 4. BOOKING B: LIVE: ​ info@blive.co.in describe the manner in which booking shall be made by the member info@blive.co.in The member is required to provide the following documents on the requisition of B: LIVE either prior or post the use of the services: (a) Identity Proof viz. Adhaar Card, PAN Card, Passport. 5. PAYMENT: We shall charge you for the rental services provided to you by B: LIVE. You agree that you will pay for all rental services you purchase from B: LIVE, and that we may charge your credit or debit card account as provided by you when registering for the Service for the rental services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing us with a valid credit or debit card account for payment of all fees at all times. Payments made are only refundable at the sole discretion of B: LIVE. We may also, at our sole discretion, place an authorization hold on Your credit or debit card to cover any fees, damages, or other such amounts that may arise. We use a third-party payment processor (the “Payment Processor”) to link your credit or debit card account to the Website and the Service. The processing of payments or credits, as applicable, in connection with your use of rental services will be subject to the terms, conditions, and privacy policies of the Payment Processor and your credit or debit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor. 6. USAGE: (i) The Bike should be picked up from a B: LIVE Station and returned to the Stationand the customer expressly declares to receive the bicycle in perfect conditions and undertakes to return it also in perfect conditions. The Customer undertakes to pay in(iii) case of damages the bicycle might have allowing e-Bike Rent to put charges for repair costs on the client’s credit card. (ii) The customer is not allowed to return a rented bike after the date and time stated in the contract. Bikes must be returned to the same station and during the business hours of B: LIVE, for more information please check on the website: www.blive.co.in). One day is considered to be 24 hours. (iv) B: LIVE is not obliged to give any refund for rented bikes that are returned before the end of the contractual period. (v) For each hour that the rental period is exceeded B:LIVE is entitled to charge customers 20% of the daily rental price on top of the actual rental price, with a maximum charge of 5 hours for the first day. For each following day, a maximum of 150% of the rental price can be charged. (vi) If the bicycle is not returned on time, B: LIVE is entitled to take back the bicycle immediately. 7. OBLIGATIONS FOR THE CUSTOMER: 1. Customer must treat the bike well and in accordance with its actual purpose. 2. Customer must return the bike to B: LIVE in its original condition. Any changes or additions by or on behalf of the customer must be undone. 3. By renting a bike or joining a bike tour, the customer declares to be: a. In good physical condition, i.e. not suffering from any medical diseases or complaints that influence their riding ability. b. Able to properly ride a bicycle. 4. 5. 6. a. b. c. e. f. g. B: LIVE reserves the right to judge the capacities and abilities of a customer or rider prior to the use of a bicycle. Both for bike rental and bike tours, the customer must obey all traffic laws and instructions from B: LIVE staff. The customer/rider must behave as a good renter/rider, which means he: Is not permitted to sublet or sublease the bike. Is not permitted to give the bike to a person other than the rider. Is not permitted to take the bike outside of Goa. Must ensure that the person who is contractually indicated as the rider is legally permitted, and physically and mentally fit enough to ride a bicycle. Must secure loads on the bike with due care. Is not permitted to continue using the bike if it’s damaged, when its use can lead to aggravation of the damage or affects traffic safety. 8. ADDITIONAL INSTRUCTIONS FOR THE CUSTOMER: 1. The customer must return the bicycle in a clean condition. Cleaning costs with a minimum of Rs. 100 may be charged. 2. Customers must bring a copy of the contract with them upon returning the bike.3. 4. Customers must never leave the bicycle unattended unless properly locked. At the start of the rental or tour, the customer needs to check the bike and report any possible defects to B: LIVE staff. When the defect(s) cannot be repaired instantly, the customer is permitted to have a replacement bike. As soon as the customer leaves the B: LIVE station, he accepts the condition of the bike. 9. RENTAL LIMITATIONS: Unless previously agreed upon otherwise, each member can book only a single bike at any one given time. 10. DATA PROTECTION: B: LIVE captures, stores, processes and uses the members’ Personal data, including but not limited to name, e-mail Id, Internet Protocol Address, copy of driving license, and any other additional address cum identity proof, image of the customer, to the extent this is necessary for the administration and implementation of this agreement and the Members’ use of B: LIVE services. Should third party services be used, B: LIVE is entitled to forward to the third party service provider the members’ personal data, to the extent this is required in order to fulfill the objectives of B: LIVE. B: LIVE shall implement and maintain reasonable procedures for protecting sensitive personal information in compliance with applicable law. B: LIVE shall be entitled to disclose information to B: LIVE’s parent company and to all companies controlled by B: LIVE or any of its affiliates and to any Government body as required by the Law/ or by Directive/ or request from any Government body or any third party deemed fit and property by B: LIVE, in its absolute discretion. Notwithstanding anything contrary contained herein, member shall be governed by the Privacy Policy of B: LIVE. 11. LIMITATION OF LIABILITY: IN NO EVENT WILL THE B: LIVE PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY, CLAIMS, DAMAGES, INJURY, DIRECT INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, LOST INCOME, REVENUE, OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH THE USE OF THE WEBSITE, THE SERVICE, OR ANY WEBSITE WITH WHICH THEY ARE LINKED, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLEGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF B: LIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY TO THE MEMBERSZR, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE BOOKING AMOUNT OF THE SERVICES PAID BY THE MEMBERS. 12. MODIFICATION AND DISCONTINUATION: We reserve the right at any time to modify, edit, delete, suspend, or discontinue, temporarily or permanently, our Website or Service (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Website or Service.13. TERMINATION OF ACCOUNT: We have the right in our sole discretion to restrict, suspend, or terminate your account, or your access to all or any part of the Website and/or Service at any time, for any or no reason, with or without prior notice, and without liability. You may choose to terminate your membership at any time by notifying us by email at ​ info@blive.co.in Please allow us sufficient time to process termination requests. Following the cancellation or termination of your account by you or by B: LIVE for any reason, B: LIVE will have no further obligation to save your user profile, communications via the Website, or any of your settings, information, or Content you have posted on or transmitted through the Website. You acknowledge and agree that we have the right, but not the obligation, to delete any of your account information or other Content following termination. 14. WAIVER AND SEVERABILITY: If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Our acquiescence in the breach of a provision of this Agreement or failure to act upon such breach does not waive our right to act with respect to subsequent or similar breaches. Likewise, our delay or failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. 15. GOVERNING LAW: This Agreement and the relationship between you and B: LIVE shall be interpreted in accordance with the laws of India without regard to conflict of laws principles. Any Dispute between the parties that is not subject to arbitration will be resolved in the Courts, with jurisdiction over Goa.