Terms Of Service

TERMS AND CONDITIONS

INTRODUCTION

Welcome to Bookmydriver, a mobile application owned and operated by Circlebond India Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at NO.17/316, Alingal House, Karikkad PO, Kadavallur, Karikkad, Talappilly, Thrissur- 680519, Kerala ("we," "us," or "our").

These Terms and Conditions ("Terms") govern your access to and use of the Bookmydriver mobile application ("Application" or "Platform"), which enables you to book on-demand, hourly-charged, and digitally paid driver services for your personal or business needs.

By downloading, accessing, or using the Application, you agree to be bound by these Terms, our Privacy Policy, and any other guidelines or policies posted on the Platform. If you do not agree with these Terms, you must not use the Application or any services offered through it.

These Terms constitute a legally binding agreement between you and us. They are published in accordance with applicable Indian laws, including the Information Technology Act, 2000 and the rules made thereunder.

CLAUSE 1: DEFINITIONS

Unless stated otherwise, the following capitalized terms used in these Terms shall have the meanings set forth below:

1.1 "Application" or "Platform" means the Bookmydriver mobile application, including all content, software, services, and features made available to you through it.

1.2 "Company", "we", "us", or "our" refers to Circlebond India Private Limited, a private limited company registered in India under the Companies Act, 2013.

1.3 "You", "your", or "User" means any individual who accesses, downloads, registers with, or uses the Application to request or book driver services.

1.4 "Services" refers to the facilitation of hourly or on-demand driver bookings made available to you through the Application.

1.5 "Booking" means a confirmed request placed by you through the Application to receive driver services at a specified location, time, and duration.

1.6 "Service Fee" means the amount payable by you in exchange for using the driver services booked through the Platform, which may include platform charges, applicable taxes, and any other applicable fees.

1.7 "Wallet" means the in-app payment feature that allows you to load, store, and use funds to make payments for Bookings.

1.8 "Third-Party Service Providers" means external vendors or partners we may engage to support the functionality and delivery of our Services, including payment gateways, cloud hosting services, identity verification providers, customer support vendors, and more.

1.9 "Force Majeure Event" refers to events beyond our reasonable control that may impact our ability to perform our obligations, such as natural disasters, pandemics, war, cyberattacks, power failures, internet outages, and government actions.

CLAUSE 2: ACCEPTANCE OF TERMS

2.1 By installing, registering with, accessing, or using the Application, you confirm that you have read, understood, and agree to be legally bound by these Terms, our Privacy Policy, and any other policies or notices we make available on the Platform from time to time.

2.2 You accept these Terms by:

  • (a) clicking the "I Agree" or similar acceptance button during registration or;
  • (b) continuing to access or use the Application or our Services after being presented with these Terms.

2.3 We may revise or update these Terms at any time. We will make the updated version available on the Application. By continuing to use the Platform after any changes are posted, you agree to the revised Terms. It is your responsibility to check these Terms regularly.

2.4 If you do not agree to any updated or modified Terms, you must immediately discontinue your use of the Application and Services.

CLAUSE 3: ELIGIBILITY

3.1 You may use the Application only if you are capable of entering into a legally binding agreement under Indian law. By using the Platform, you represent and warrant that:

  • (a) you are not barred from using the Platform under any applicable law; and
  • (b) any information you provide is accurate, complete, and current.

3.2 If we discover that you are not eligible to use the Platform or have provided false or misleading information, we may suspend or terminate your access to the Services without notice.

3.3 You agree that we may, at our sole discretion, deny access to the Application or terminate your account for any reason, including but not limited to a violation of these Terms, misuse of the Services, or engagement in any fraudulent, abusive, or unlawful conduct.

CLAUSE 4: ACCOUNT REGISTRATION AND RESPONSIBILITIES

4.1 Account Creation

To use our Services, you must register and create an account on the Application. When registering, you agree to provide accurate, current, and complete information as requested during the sign-up process, including your name, phone number, email address, and any other details we may request from time to time. You must keep your information up to date to maintain the accuracy and integrity of your account.

4.2 One Account per User

You may create and maintain only one account in your name. You are not permitted to create multiple accounts using false identities or misleading information. We reserve the right to suspend or terminate any duplicate or fraudulent accounts without notice.

4.3 Security and Confidentiality

You are solely responsible for maintaining the confidentiality of your login credentials, including your registered mobile number, one-time passwords (OTPs), and any other access information. You agree not to disclose or share your credentials with anyone. If you suspect any unauthorized use of your account, you must notify us immediately at info@book-mydriver.com.

4.4 Your Responsibility for Account Activity

All activity that occurs through your account shall be deemed to be performed by you. You will be held responsible for all uses of your account, whether or not authorized by you, unless you have reported a security breach in accordance with Clause 4.3.

4.5 Restrictions on Use

You agree that you will not:

  • (a) use the Application for any unlawful, unauthorized, or fraudulent purpose;
  • (b) impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  • (c) attempt to gain unauthorized access to other user accounts or to any portion of the Application that is restricted;
  • (d) introduce any viruses, worms, malware, or other harmful code into the Platform;
  • (e) engage in any activity that interferes with or disrupts the proper functioning of the Application or the Services.

4.6 Account Suspension or Termination

We reserve the right to suspend, restrict, or permanently disable your access to the Application and Services if we have reason to believe that:

  • (a) you have provided false or misleading information during registration or while using the Platform;
  • (b) you are in breach of these Terms or applicable laws;
  • (c) your account is involved in any fraudulent, abusive, or illegal activity; or
  • (d) such action is necessary to protect our platform, users, or third parties.

4.7 No Transfer of Accounts

You may not assign, transfer, or sell your account to any other person or entity. Any attempt to do so will result in immediate termination of the account and may result in legal action.

CLAUSE 5: USE OF SERVICES AND BOOKING PROCESS

5.1 Nature of the Services

The Application is a digital platform that enables you to book a professional driver on an hourly, on-demand basis to operate your personally owned or legally controlled vehicle. Our role is solely that of a technology intermediary — we do not directly provide transportation, driver-for-hire, or vehicle operation services.

The drivers made available through the Application are assigned through our managed network but operate independently during their engagement. You acknowledge that the Company does not control or supervise the driver during their operation of your vehicle and is not liable for their acts, omissions, or conduct while on duty.

5.2 Booking Process

To request a driver:

  • Log in using your verified account;
  • Provide accurate booking details including location, date, time, duration, and any special instructions;
  • Make payment through the prescribed method in the Application.

After confirmation, a driver will be allocated to your booking and you will be notified accordingly.

You are solely responsible for the correctness of all data provided at the time of booking. We shall not be liable for any inconvenience, delay, or loss arising from incorrect or incomplete information submitted by you.

5.3 Driver Assignment and Delays

While we strive for punctual service and timely driver assignment, you expressly acknowledge that:

  • All bookings are subject to driver availability and real-time operational constraints;
  • Delays may occur due to reasons beyond our control, such as traffic, weather, vehicle breakdowns, health emergencies, legal restrictions, or force majeure events;
  • We do not guarantee a specific driver or confirm driver arrival times.

You expressly agree that the Company shall not be liable for any direct, indirect, incidental, or consequential damages resulting from driver delays, non-arrival, or service disruptions — including but not limited to missed flights, train departures, interviews, exams, meetings, medical appointments, or any other time-sensitive events.

5.4 Scope of Driving Services

By using the Service, you understand and agree that:

  • The driver will operate only the vehicle legally owned, leased, or controlled by you;
  • The scope of service is limited to driving only and does not include loading/unloading, maintenance, cleaning, valet services, or handling of goods;
  • The driver is not obligated to operate any vehicle that is unfit, uninsured, non-roadworthy, or non-compliant with applicable motor vehicle regulations.

We reserve the right to cancel the booking at our sole discretion — without liability or refund — if the driver reasonably believes the vehicle is unsafe or unfit to drive.

5.5 User Responsibility During Service

You agree to the following responsibilities throughout the engagement:

  • You shall maintain valid insurance, registration, and roadworthiness of your vehicle as per applicable law;
  • You shall not ask or permit the driver to exceed lawful speed limits, commit traffic violations, or drive under unsafe or unlawful conditions;
  • You shall treat the driver with courtesy, professionalism, and respect. Any abusive, discriminatory, or threatening behavior may result in suspension of your account;
  • You shall not, under any circumstances, leave your vehicle in the exclusive custody or control of the driver. You must remain present or in reasonable proximity throughout the period of service;
  • You are responsible for removing all valuables, personal items, and confidential documents from your vehicle before and after the service.

CLAUSE 6: PAYMENTS, FEES & BILLING

6.1 Service Fees

The charges for using the Services shall be calculated on an hourly basis or as otherwise specified at the time of booking, subject to minimum billing durations (base fare), time slabs, location, demand, and time of day.

The estimation charge is based on the details given to the company. Final charges may vary depending on the actual usage.

6.2 Digital Payment Methods

All payments for Services must be made digitally through the available options in the Application, including but not limited to:

  • UPI
  • Debit/Credit Cards
  • Net Banking
  • Digital wallets

Under no circumstances should any amount be paid in cash or transferred directly to the driver's bank account or UPI ID.

6.3 Billing, Receipts, and Invoices

Upon successful booking and transaction completion, a digital receipt or tax-compliant invoice will be auto-generated and sent to your registered email and/or in-app account. You are responsible for preserving these for your records.

6.4 Taxes and Additional Charges

All pricing is exclusive of applicable taxes unless explicitly mentioned. You agree to pay:

  • GST and other statutory levies as applicable
  • Location-based surcharges (e.g., night fees, one-way surcharge, long journey surcharge, premium zones)
  • Additional fees including but not limited to tolls, intercity charges, or parking, if incurred during the trip

6.5 Bookmydriver Wallet

The Bookmydriver Wallet is a digital wallet feature provided within the Application for facilitating faster bookings, managing refunds, and receiving promotional credits.

a) Usage of Wallet Balance
  • Wallet balance can be used only for booking services through the Bookmydriver Application
  • It cannot be withdrawn in cash or transferred to any bank account or third-party wallet
  • Wallet usage may be restricted in conjunction with certain promotional discounts or offers
c) Validity and Expiry
  • Wallet credits are valid for a period of 12 months from the date of issuance or last activity, whichever is later
  • Unused wallet balance will automatically expire after the validity period without any liability of refund or compensation

CLAUSE 7: USER CONDUCT & PROHIBITED USES

This Clause sets forth the standards of behavior expected from you when using the Bookmydriver Application and services.

7.1 General Conduct Expectations

You agree to use the Bookmydriver platform solely for lawful, respectful, and intended purposes. In doing so, you shall:

  • Treat all drivers, Company personnel, and customer support staff with courtesy and professionalism
  • Comply with all applicable laws, rules, and regulations at all times during your use of the Application
  • Provide accurate and truthful details in all interactions, including registration, bookings, and feedback
  • Maintain the security of your account credentials and not allow any third party to use your login information

7.2 Prohibited Activities

You expressly agree that you shall not, under any circumstances:

  • Use the Application for any fraudulent, abusive, harmful, or unlawful purposes
  • Circumvent or interfere with any part of the Application's security, backend systems, or booking workflow
  • Use the services for transporting illegal items, contraband, or engage in unlawful activity during any ride
  • Engage in any form of physical, verbal, sexual, or discriminatory harassment toward the driver or support staff
  • Submit false complaints, abuse the cancellation or refund policy, or attempt to reverse legitimate charges
  • Operate more than one user account without Company approval

CLAUSE 8: INTELLECTUAL PROPERTY RIGHTS

8.1 Ownership of Intellectual Property

You acknowledge and agree that all rights, title, and interest in and to the Bookmydriver mobile application, website, platform, and associated services—including all intellectual property therein—are and shall remain the exclusive property of Circlebond India Private Limited, including but not limited to:

  • The "Bookmydriver" brand name, which is a registered trademark of Circlebond India Private Limited
  • All trademarks, logos, brand identifiers, visual designs, and marketing materials used in connection with the platform
  • The mobile application's source code, backend systems, APIs, features, architecture, databases, and business logic
  • All original content, including text, illustrations, icons, images, video clips, sounds, software, and documentation

CLAUSE 12: PRIVACY POLICY AND DATA USAGE

This Clause governs how Circlebond India Private Limited ("the Company") collects, uses, stores, shares, and protects your personal data when you use the Bookmydriver mobile application or services.

12.1 Types of Data Collected

When you use the Bookmydriver platform, we may collect the following types of information:

  • Personal Identification Data: Your name, phone number, email address, physical address, gender, profile image (if applicable), and other contact details
  • Location Data: Real-time GPS-based location tracking for the purpose of assigning, monitoring, and billing trips
  • Device and Technical Data: Device model, operating system, IP address, mobile network details, browser type, and crash logs
  • Payment and Transactional Data: UPI ID, masked card details, transaction ID, amount paid, date and time of payment, wallet balance, and related metadata

12.9 Vehicle Condition Documentation

The Driver shall, prior to the commencement of each trip, capture photographic images of the Vehicle for the purpose of documenting its pre-trip condition. Upon completion of the trip, such photographic records may be used for comparison against the post-trip condition of the Vehicle. These records shall constitute admissible evidence in determining liability for any damage, misuse, or discrepancy arising in relation to the Vehicle, and the Company reserves the right to rely upon such records in any dispute resolution proceedings.

CLAUSE 14: GOVERNING LAW AND JURISDICTION

14.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of India, without regard to any conflict of law provisions.

14.2 Jurisdiction

You expressly agree that:

  • Any legal proceedings, claims, or disputes arising out of or in connection with your use of the Bookmydriver application or services shall be subject to the exclusive jurisdiction of the competent courts located in Thrissur, Kerala, India
  • You waive any objection to the jurisdiction or venue of such courts

CLAUSE 15: DISPUTE RESOLUTION AND ARBITRATION

15.1 Negotiation and Amicable Settlement

In the event of any dispute, controversy, or claim arising from or relating to these Terms or the use of the Bookmydriver services, you and Circlebond India Private Limited shall first endeavor to resolve the matter amicably through good faith negotiations.

15.2 Mandatory Mediation

If the dispute cannot be resolved through negotiation within 30 (thirty) days from the date of the written notice, the parties agree to submit the dispute to mediation under a mutually agreed mediation center or by a mediator appointed jointly by the parties. The mediation shall be conducted in Thrissur, Kerala, India and in the English language.

15.3 Binding Arbitration

If mediation fails to resolve the dispute within 45 (forty-five) days from the commencement of mediation, either party may submit the dispute for final and binding arbitration.

CLAUSE 16: SEVERABILITY

If any provision or part of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a competent court or authority, such provision or part shall be deemed severed from these Terms to the extent of such invalidity or unenforceability. The remainder of these Terms shall continue in full force and effect to the maximum extent permitted by law.

CLAUSE 17: NOTICES

All notices, requests, consents, claims, demands, waivers, and other communications under these Terms shall be in writing and shall be deemed effectively given:

  • When delivered personally to you or your authorized representative
  • When sent by email to the email address registered on your Bookmydriver account
  • When sent by a nationally recognized overnight courier service, upon receipt
  • When posted on the Bookmydriver app or website, with reasonable notice

CLAUSE 18: UPDATES TO THE APP AND SERVICES

Circlebond India Private Limited reserves the right, at its sole discretion and without prior notice, to:

  • Modify, suspend, or discontinue any aspect of the Bookmydriver application or services, including features, content, pricing, or user interface
  • Implement updates, improvements, patches, or upgrades to enhance performance, security, or user experience
  • Temporarily restrict or limit access to the application for maintenance or technical reasons

You acknowledge and agree that such changes may affect your use of the platform, and the Company shall not be liable for any loss, inconvenience, or damages arising from such modifications or interruptions.

CLAUSE 19: REFUNDS AND CANCELLATIONS POLICY

This Refunds and Cancellations Policy is included for regulatory compliance and transparency. It governs the limited circumstances under which adjustments, waivers, or reversals may be considered in connection with payments made through the Bookmydriver platform.

19.1 Post-Paid Payment Model

All services on the Bookmydriver platform are strictly post-paid.

  • You will be charged only after the completion of a trip, based on the actual duration, applicable fees, surcharges, and taxes.
  • As no advance or pre-payment is collected from customers, refunds in the traditional sense do not ordinarily apply.

19.2 Billing Disputes and Adjustments

In the event of a dispute regarding the accuracy of charges (for example: incorrect billing duration, double charging, or technical errors), you may contact the Company's customer support within 48 hours of trip completion.

If verified, the Company may issue an adjustment in the form of:

  • A reversal of excess charges to your original payment method; or
  • A credit to your Bookmydriver wallet for use against future trips.

The Company's decision on billing disputes shall be final and binding.

19.3 Cancellations

Before Driver Assignment:

Since no payment is collected in advance, cancellations made before a driver is assigned will not attract any charges.

After Driver Assignment:

If you cancel after a driver has already been assigned, the Company reserves the right to charge a cancellation fee equivalent to a minimum of one hour's booking charge, plus applicable taxes.

No-Show:

If the driver arrives at the scheduled location and you fail to commence the trip within 5 minutes, the driver may voluntarily start the trip on the app, and charges will apply from that time. No waiver of charges will be provided in such cases.

19.4 Non-Refundable Charges

You acknowledge that the following are strictly non-refundable:

  • Cancellation fees, no-show charges, or penalties imposed under this Clause
  • Taxes (including GST) once invoiced, except as permitted by law
  • Tolls, parking charges, or surcharges already incurred
  • Per-minute extension charges for trips that go beyond the booked time

19.5 Refund Timelines (If Applicable)

In rare cases where a charge reversal or adjustment is approved:

  • Refunds or reversals will ordinarily be processed within 7–14 business days, subject to banking or payment gateway timelines
  • Credits may, at the Company's discretion, be applied to your Bookmydriver wallet instead of being refunded to your original payment method

19.6 Finality

All determinations by Circlebond India Private Limited regarding refunds, cancellations, and billing adjustments are final and binding, except as otherwise required by applicable consumer protection laws.