These terms and conditions (collectively, hereinafter referred to as the "Terms") govern your ("User") access to and use of the website, www.ezshuttle.in and the EZS
App Mobile applications ("EZS Applications”). The Website & EZS Apo is owned, managed and operated by EZShuttle, Pvt., Ltd. (“EZS”).
Please read these Terms carefully before using the EZS Applications, which is an online marketplace. For the purpose of clarity, it is hereby stated that the EZS Applications are not engaged in providing any services by itself but rather it is a platform, which merely connects the bus operators with the bus travelers.
These Terms are an electronic record in terms of the applicable legislation. This electronic record is generated by a computer system and does not require any physical or digital signatures. By using the EZS Applications, you signify your agreement to be bound by these Terms.
EZS allows You to surf the EZS Applications and buy our services for yourself, your family and your friends. You shall be deemed to have read, understood and expressly accepted these Terms, which shall govern the desired transaction of our services booking through the EZS Applications for all purposes, and shall be binding upon You. All Your rights and liabilities and/or the Website with respect to Your use of the EZS Applications and availing shuttle services facility ("Facility") provided by the applications shall be governed by these Terms.
1. For the purpose of these Terms, wherever the context so requires "You" or "User" (would mean 'EZS user') shall mean any natural or legal person who has agreed to become a buyer of the services and/or an availer of the Facility being offered on the EZS Applications.
2. The term "We", "Us", "Our" shall mean ESZ and/or its affiliates.
B. EZS WEBSITE
EZS is an online access, which gives prospective travelers a platform to connect. In light of the foregoing, EZS wishes to state the following:
1. Copyrights. All EZS design, text, graphics, photos and images, the choice and arrangement thereof, and all software (all “Copyrighted Material”) are owned exclusively by EZS. EZS confers to you a non-exclusive, revocable license to view, electronically copy and print parts of the Site for the only purpose of placing an order with EZS or using the Site as a shopping aid. Any other use of materials on the Site, including reproduction, modification, distribution, or republication, without the prior written consent of EZS, is disallowed and unauthorized.
2. Trademarks. EZ Shuttle, the http://www.ezshuttle.in/ design, the EZS mobile app, and all titles, graphics and icons on the Site (all the “Trademarks”) are owned only by EZS. All unauthorized use of the Trademarks is strictly prohibited. All copying or reproduction of the design and layout of the Site is not allowed. All other trademarks, product names and company names or symbols or other designs herein are under ownership of their respective owners.
3. Use. You may only access and use the EZS Applications for your own non-commercial, informational, and personal use. You are not allowed to make any public or commercial use of the material contained on the Website and Mobile App, including without limitation all Copyrighted Material, Trademarks, and pricing information, without the prior written consent of EZS.
4. Links to Other Sites. As a convenience to EZS users, the Website and Mobile App may contain links to web sites conserved by third parties. These web sites are not under the governance of EZS, and EZS is not responsible for any material on, or privacy practices of, these web sites.
5. In light of the foregoing, You agree that any liability in relation to any services being offered on the EZS Applications in accordance with the applicable laws shall be that of the third party and not EZS. In case of any deficiency of service, You agree to pursue any such action arising from such deficiency of service against the third party and not the EZS.
C. USER ACCOUNT
EZS may offer You the facility of opening user account on the EZS Applications. This user account can be linked to the Your email-id or phone number or both. For Your use of the EZS Applications, either by registering an account with EZS or using the Website as a guest (unregistered user), You agree to the following: 1. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your device to prevent unauthorized access to Your account when You use the EZS Applications by registering an account with EZS.
2. By using the Website, either as a guest user or registered user, You authorize EZS and its agents to access third party sites, including but not limited to that of banks and other payment gateways, designated by the bank or on the bank's behalf for retrieving requested information for processing of a customer generated transaction on the EZS Applications.
3. In the event that You use the EZS Applications through a registered account, You agree to accept responsibility for all activities that occur through your EZS account.
4. In the event that You use the EZS Applications through a registered account, You should take all necessary steps to ensure that the password is kept confidential and secure and should inform EZS immediately if You have any reason to believe that Your password has been compromised, or if the password is being, or is likely to be, used in an unauthorized manner. EZS shall not be liable for any losses You may incur owing to any compromised login credentials of Your EZS account. Please ensure that the details You provide EZS are correct, complete and up to date and inform EZS immediately of any changes to the information that You provide at the time of registering Your account with EZS.
5. EZS will not be responsible for screening, censoring or otherwise controlling transactions, including ascertaining whether the transaction is legal and valid as per the laws of the land, if you are resident/national of a country other than India.
6. You warrant that You will abide by all such additional procedures and guidelines, as modified from time to time, in connection with Your use of EZS Applications. You shall also be liable to comply with all applicable laws and regulations regarding use of the EZS Applications with respect to the jurisdiction concerned for each transaction.
7. Website may be used for Your personal and non-commercial purposes only. Therefore, You are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or Facility available on EZS Applications for any commercial or competitive activity/purpose.
8. EZS reserves the right to refuse Your access to EZS Applications, terminate Your EZS account, cancel any bus Services, remove and/or edit content on the EZS Applications at any time without notice if we have reasonable belief that Your account is being used for purposes other than as defined under Clause 3(7).
D. MEMBERSHIP ELIGIBILITY
1. Use of the EZS Applications are available only to persons who can enter into legally binding contracts under the applicable law. Persons who are "incompetent to contract" within the meaning of the applicable law are not eligible to use the EZS Applications. If You are a minor, you shall not register as a User of the EZS Applications and shall not transact on or use the EZS Applications.
2. As a minor if You wish to use or transact on EZS Applications, such use or transaction may be made by Your legal guardian or parents. We reserve the right to terminate Your membership and/or refuse to provide You with access to the EZS Applications if it is discovered that You are a minor or incompetent to contract according to the law.
E. EZS WALLET
EZS may provide at its sole discretion, the facility to transact through an online EZS wallet ("Wallet") to its registered users with the following features:
1. Upon cancellation of previously booked services, You would be accorded an option of either withdrawing such amounts to Your bank account/credit card linked to the account or to the Wallet.
2. The cash equivalent balance available in the Wallet may be used by the Customer for making bus Services bookings on the EZS Applications only.
3. The present form and format of the Wallet, issued by EZS to its Customers, is modelled on a closed system prepaid payment instrument.
4. Any promotional cash deposited in to Your Wallet by EZS, will not be refundable into Your bank account on cancellation of a reservation. This promotional cash has an expiry date beyond which, it will not be available for Your usage.
5. Any Wallet balance lying unused in the Your Wallet for more than one (1) year will be blocked and transferred to a Trust account. It will be held in the Trust account for a maximum period of one year, after which any unclaimed amount will be forfeited.
6. Maximum of 10% of the price can be availed from the wallet offer cash for ticket booking.
1. This EZS Applications may contain links to other websites maintained by third parties ("External Sites"). These External Sites are linked to the Website for Your reference and convenience only. EZS does not operate, control or endorse in any respect such External Sites or their content. You assume sole responsibility for use of these External Sites and is therefore, advised to examine the terms and conditions of those External Sites carefully.
2. You must not link Your own website or any third-party website, to this Website without obtaining the prior written approval of EZS. Use of any automated screen capture or screen scraping technologies to obtain information from this Website without the prior written approval of EZS is an infringement of our intellectual property rights.
H. USAGE CONDUCT
1. You acknowledge that You only have a limited right to use the EZS Application and that You have no right to modify any part of EZS Application or reproduce, copy, distribute, sell, resell or access the Facility for any commercial purposes.
2. You are also under an obligation to use EZS Application for reasonable and lawful purposes only and shall not indulge in any activity that is not envisaged in these Terms. You shall use EZS Application, and any bus Services purchased through it, for personal, non-commercial use only and shall not re-sell the tickets to any other person.
3. You may not use any meta tags or any other hidden text utilizing EZS Applications or its affiliates' names or trademarks without the express written consent of EZS and or its affiliates, as applicable. 4. You must not use the EZS Application for any of the following: a. for fraudulent purposes, or in connection with any criminal acts or other unlawful activity; and/or b. to send or transport in the carriage of the bus, any material that does not belong to You; or material that is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam” to cause annoyance, inconvenience or needless anxiety.
1. When You use the EZS Application or send emails or other data, information or communication to EZS, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic means from EZS periodically and as and when required.
2. We may communicate with You through email/SMS or by such other mode of communication, electronic or otherwise.
J. DISCLAIMER OF WARRANTIES AND LIABILITY
1. The EZS Application, all the services (including but not limited to software) included on or otherwise made available to You through the EZS Applications are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing by EZS or on the Website.
2. Without prejudice to the forgoing paragraph, Website does not warrant that: a. EZS Applications will be constantly available, or available at all; or b. The information on this EZS Application is complete, true, accurate or non-misleading. c. EZS will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, the EZS Applications. wherever, the same is under the control of the bus operator. The EZS Application does not warrant that EZS Applications; information, content, materials, product (including software) Facility or services included on or otherwise made available to You through the EZS Applications; the servers; or electronic communication sent from us are free of viruses or other harmful components, despite our best efforts to prevent these incidents.
3. You are required to enter a valid phone number while booking shuttle services on the EZS Applications. By registering Your phone number with us, You consent to be contacted by us for the purposes of the transaction on the EZS Applications or for sending you promotional offers or content.
4. For the purpose of booking Shuttle services through the EZS Applications, we warrant that we shall be responsible for the following activities: a. Issuing an enrollment (Seat is confirmed that will be accepted by EZS); and b. Providing customer support and information in case of any delays in the departure of a bus / inconvenience caused to You. c. EZS will process the ticket cancellation request from customers subject to OUR cancellation and refund policy. The cancellation fee may differ for each shuttle service/respective route
5. However, We DO NOT take any liability for the following: a. Your baggage getting lost/stolen/damaged; b. Bus departing without You boarding the bus, while You were waiting at the wrong boarding point (please call the bus operator to find out the exact boarding point if you are not a regular traveler of a particular bus operator);
1. By the use of any of the payment method/s available on the EZS Applications by You, EZS shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to any of the following: a. Lack of authorization for any transaction/s; or b. Exceeding the preset limit mutually agreed by You and any bank/s; or c. Any payment issues arising out of the transaction; or d. Decline of transaction for any other reason/s.
2. Please note that: a. You have specifically authorized the EZS Applications or its service providers to collect, process, facilitate and remit payments and/or the transaction price electronically. Your relationship with EZS Applications is on a principal to principal basis and by accepting these Terms You agree that Website is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Website that are paid for by using the payment facility. b. You understand, accept and agree that the payment facility provided through any third party on the EZS Applications is neither a banking nor financial service provided by EZS, but is merely a facilitator providing an electronic, automated online electronic payment collection and remittance facility for the Transactions on the EZS Applications using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility Website is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
L. CANCELLATION & REFUND POLICY
1. Cancellation policy. EZS will process the enrolled service cancellation request from You as per OUR cancellation/refund policy. The cancellation fee and the period taken to process the refund will differ for each bus ticket. Please refer to the cancellation policy as set forth below.
a. How does the customer cancel a ticket?
i. Please call 1 800 258 5855 or all cancellation related queries. Our customer support team will help you process the request as per OUR cancellation policy.
2. Refund Policy.
Customer will be entitled to a 100% refund of ticket fare if the cancellation of the journey is attributable to EZS, Customer will not be entitled to refund for cancellation for any other reasons.
a. In the event of dishonor of service by EZS, a full refund of the service fare would be processed within seventy-two (72) hours. The refund would be credited to the customer within seven (7) working days of the dishonor of private service used by you.
M. CARRIAGE POLICY 1. You are responsible for ensuring that Your travel date, time and destination are correct before enrolling service the bus or when you select to confirm your purchase on the EZS Applications. Please check the cancellation Policy available on the EZS Applications for details about cancellation and refunds.
2. You are solely responsible to be at the designated boarding point reasonably in advance before departure time. We are not liable if you fail to board the bus by the time the bus departs.
3. The bus operators reserve the right to refuse you and your luggage from carriage on the bus for whatsoever reason that they deem justified, including but not limited to: a. Carrying of contraband, illegal substances, fragile or oversize/overweight luggage. b. Your unruly behavior, drunkenness or any other behavior that the bus operator deems to affect the other passengers' comfort or safety. c. You are unable to produce valid government issued identification proof while travelling. d. The booking of Your seat has been done fraudulently or unlawfully or has been purchased from a person not authorized by EZS. e. The credit card through which your payment was made for the ticket booking has been reported lost or stolen. f. The itinerary or booking or confirmation slip is counterfeit or fraudulently obtained. g. The itinerary of your reservation has been altered by a person other than EZS or our authorized agent on your express instructions. h. You are unable to produce a valid and legible authorized customer for the intended travel. The boarding ticket constitutes as the prima facie evidence of the contract of carriage between EZS and the boarding ticket holder. i. You are deemed medically unfit to travel and may pose a health hazard to other passengers on board the bus, at the absolute discretion of EZS. j. You fail to arrive on time to board before the time of departure or fail to board the bus by the time the bus departs.
4. Children below age (12) will not be allowed to book service for themselves nor will be allowed to travel, unless they are accompanied by an adult.
5. EZS reserves the right to reschedule, cancel, and/or delay any journey and substitute other buses for reasons they deem necessary to do so.
6. You are responsible to ensure that valid and necessary government issued personal identification documents, such as the passport, PAN card or Aadhar card, are carried with you for the journey.
N. INTELLECTUAL PROPERTY RIGHTS
1. Content included on the EZS Applications, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of EZS, its affiliates or its content suppliers and is protected by Indian and international copyright and database right laws.
2. The compilation of all content on this EZS Applications is the exclusive property of EZS and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on EZS Application is the property of EZS, its affiliates or its software suppliers and is protected by Indian and international copyright and authors' rights laws.
3. You may not systematically extract/or re-utilize any parts of the contents of the EZS Applications without our express written consent. In particular, You may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of EZS Applications, without EZS's express written consent. You may also not create and/or publish Your own database that features substantial (i.e. prices and service listings) parts of the Website without Rebus's express written consent.
4. You cannot use the EZS trademarks for commercially exploiting them for Your interests without our express permission. We reserve the right to initiate legal proceedings if we discover any infringement of our intellectual property rights.
O. GRIEVANCE OFFICER
1. In case of any consumer grievance, the End-User may contact EZS on the email id provided below: firstname.lastname@example.org
1. You shall indemnify and hold harmless EZS, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms or any document incorporated by reference, or Your violation of any law, rules, regulations or the rights of a third party.
2. You hereby expressly release EZS or any of its affiliates or officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
1. EZS will not be responsible for any loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) and any other indirect or consequential loss to You when You commenced using the Website.
R. GOVERNING LAW AND JURISDICTION
1. These Terms are governed by and shall be construed in accordance with the laws of India. The courts in Bengaluru shall have exclusive jurisdiction in respect of any disputes arising out of or in connection with these Terms.
S. SUSPENSION, TERMINATION OR CANCELLATION
1. EZS Applications may suspend, cancel or terminate Your account registered with us, with or without prior notice, if we believe in good faith that You have breached any of these Terms or any other terms or policies referred to in these Terms.
2. EZS reserves the right, at its sole discretion, to accept, hold and/or cancel any reservation of bus tickets made by the You on the EZS website, EZS mobile website and EZS mobile apps, which is deemed to be fraudulent or suspicious by EZS.EZS will endeavor to inform You in the event of cancellation of reservation, owing to fraud or suspicious activity, to the best of its capacity, but shall not be liable for a failure to communicate to You of such cancellation.
T. AMENDMENT / MODIFICATION
1. EZS reserves the right to modify these Terms at any time with or without any further notice by uploading the revised Terms on the Website and it is Your duty to keep yourself aware of the revisions to the Terms of the Website.
U. LIMITATION OF LIABILITY
THE WEBSITE/EZS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, SITE, FACILITY, TRANSACTION PROCESSING SERVICE, INABILITY TO USE THE FACILITY OR THE TRANSACTION PROCESSING SERVICE, OR THOSE RESULTING FROM ANY FACILITY PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, BEYOND THE VALUE OF THE LAST TRANSACTION CARRIED OUT BY YOU THROUGH THE WEBSITE.
1. The Parties acknowledge and accept that electronic format shall be deemed an acceptable means of communication for the purposes of these Terms.
2. These Terms constitute the complete and entire set of terms between the Parties on the subject of ‘terms of usage of the Website' (save and except the other policies and terms referred to in these Terms) and shall supersede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the Parties to these Terms.
3. If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall not affect the other provisions of these Terms, which shall remain in full force and effect. 4. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.
What Our Customers Are Saying..
"It was complete 8 years I was driving on an average 70kms on bike everyday... now I feel very relaxed and look fresh myself in office activities. No tired. I really appreciate the thought. "