Helion Technologies Private Limited (“Company”) provides technology-based services for booking two-wheelers (“Vehicle”) to you and you agree to obtain transportation services offered by third-party drivers or vehicle operators (“Service Provider”) by means of the Company’s website and the mobile application “HeyBob” (“Mobile Application”). All the transportation services (“Services”) provided by the Company to you would be by means of your use of the booking platform including services for transmission of parcels. These Terms and Conditions shall govern the relationship between you (the customer) and the Company in the course of the provision of Services.
Clause 1. GENERAL TERMS AND CONDITIONS
1.1. The Company shall take your booking request and forward it to the Service Provider through
an app based device operating on GPS-GPRS based device installed in the Vehicle.
1.2. The Service Provider shall have the sole discretion to accept or reject each request for the
1.3. If the Service Provider accepts the booking request made by the Company, the GPS device
installed in the Vehicle or on the personal device of the driver of the Vehicle notifies you and
provides the information regarding the Service Provider including its name, contact number
1.4. The Company shall make reasonable efforts to bring you in contact with the Service Provider
in order to obtain the Service subject to availability of the Service Provider in or around your
location at the time of your booking request made to the Company.
1.5. For the avoidance of doubt, it is clarified that the Company itself does not provide the
Services. It is the Service Provider who shall render the Services to you.
1.6. Even after acceptance of booking, the Service Provider may not reach your pick up location or
decide not to render his services. in which event the Company shall not be held liable.
1.7. You warrant that the information you provide to the Company is accurate and complete. The company is entitled at all times to verify the information that you have provided. You may
only access the Services using authorized means.
1.8. The Company shall not be liable if you do not download the correct Mobile Application or visit
the appropriate web portal.
1.9. The Company reserves the right to discontinue or introduce any of the modes of booking
Vehicles and/or for providing services for transmission of parcels.
1.10. You will refrain from doing anything which we reasonably believe to be disreputable or
capable of damaging our reputation and will comply with all applicable laws of the Republic of
1.11. You will treat the Vehicle drivers with respect and not cause damage to their Vehicle or
engage in any unlawful, threatening, harassing, abusive behavior or activity whilst be using
1.12. The Company is not responsible for the behavior, actions or inactions of drivers of Vehicles,
quality of Vehicle which you may use. Any Contract for the provision of Vehicle is exclusively
between you and the driver of the Vehicle and the Company is not a party to the same.
1.13. By using the Mobile Application of the Company, you further agree that:
1.13.1. You will download the Application for your sole, personal use and will not resell it to a third
1.13.2. You will not authorize others to use your account;
1.13.3. You will not assign or otherwise transfer your account to any other person or legal entity;
1.13.4. You will not use the Application for unlawful purposes, including but not limited to sending or
storing any unlawful material or for fraudulent purposes;
1.13.5. You will not use the Application to cause nuisance, annoyance or inconvenience;
1.13.6. You will not impair the proper operation of the network;
1.13.7. You will not try to harm the Application in any way whatsoever;
1.13.8. You will not copy, or distribute the Application or other Company Content without written
permission from the Company;
1.13.9. You will keep secure and confidential your account password or any identification which the
Company may provide you which allows access to the Application;
1.13.10. You will provide the Company with whatever proof of identity we may request;
1.13.11. You will only use an access point or 3G /4G data account (AP) which you are authorized to use;
1.13.12. You will not use the Application with an incompatible or unauthorized device;
1.14. The Company reserves the right to immediately terminate your use of the Application should
you not comply with the any of the above rules in Clause 1.13.
Clause 2. PAYMENT FOR SERVICES
2.1. You shall be required to pay charges for the Services used by you either by using the online
payment gateway provided in the Mobile Application or by paying cash to the Service Providers.
2.2. The rates of the Services shall be notified on the website and Mobile Application of the
2.3. The charges for the Services shall be updated or amended from time to time at the sole
discretion of the Company and it shall be your responsibility to remain informed about the
charges for the Services.
2.4. You agree that you will pay for all Services you purchase from the Service Provider either by way of credit card or debit card or by cash. In the event the payment cannot be accepted through debit card/credit card/Mobile Application, you shall be required to pay the charges for the Services availed by way of cash.
2.5. Any payment made is non-refundable. At the end of the trip, we will facilitate for you to receive a copy of the invoice from the Company on your registered e-mail account with the Company.
2.6. It is clarified that the term “Trip” includes a trip for transportation of a passenger and/or a
trip for transportation of a parcel by the Service Provider.
Clause 3. LIABILITY
3.1. The information, recommendations provided to you on or through the website, or the Mobile
The application is for general information purposes only and does not constitute advice.
3.2. The Company will reasonably keep the website and the application and its contents correct
and up to date but does not guarantee that the website and/or application are free of errors,
defects, malware, and viruses or that the website and/or application are correct, up to date and
accurate. The Company shall not be liable for any damage arising from the same.
3.3. The Company shall further not be liable for damages resulting from the use of or the inability
to use the website or the application, including – but not limited to – damages resulting from
failure or delay in delivery of electronic communications, interception or manipulation of
electronic communications by third parties or by computer programs used for electronic
communications and transmission of viruses.
3.4. The quality of the Services requested through the use of the Mobile Application is entirely the
responsibility of the Service Provider who ultimately provides such Services to you and the
The company is not liable for the same. However, any complaints about the Services provided by
the Service Provider should be submitted to the Company by an email as notified from time to
Clause 4. INTELLECTUAL PROPERTY RIGHTS
4.1. The Company is the sole owner and lawful licensee of all the rights to the web site, Mobile
Application or any other digital media and its contents. The content means its design, layout,
text, images, graphics, sounds, video, etc. the website, Mobile Application or any other digital
media content embody trade secrets and intellectual property rights protected under
worldwide copyright and other laws. All titles, ownership and intellectual property rights in
the website and its content shall remain with the Company, its affiliates, agents, authorized
representatives or licensor’s as the case may be.
4.2. All rights not otherwise claimed under this Terms and Conditions or by the Company are
hereby reserved. The information contained in this Mobile Application and/or website is
intended, solely to provide general information for the personal use of the reader, who accepts
full responsibility for its use.
4.3. The Company does not represent or endorse the accuracy or reliability of any information or
the advertisement contained on, distributed through, or linked, downloaded or accessed from any
of the services contained on this website or Mobile Application, or the quality of any products,
information or other materials displayed, or obtained by you as a result of any product,
information or other materials displayed or obtained by you as a result of an advertisement
or any other information or offer in or in connection with the service.
4.4. All related icons and logos are registered trademarks or service marks or word marks of the
Company in various jurisdictions and are protected under applicable copyrights, trademarks
and other proprietary rights laws. The unauthorized copying, modification, use or publication
of these marks is strictly prohibited.
4.5. All the contents on this website and/or Mobile Application is copyright of the Company except
the third party content and link to third party website on our website and/or Mobile
4.6. Subject to your compliance with these Terms, the Company grants you a limited nonexclusive,
non-transferable license to download and install a copy of the Mobile Application on
a single mobile device that you own or control and to run such copy of the Mobile Application
solely for your own personal use.
4.7. You shall not do the following:
4.7.1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit
or make available to any third party the Mobile Application in any way;
4.7.2. modify or make derivative works based upon the Mobile Application;
4.7.3. create Internet “links” or “frame” or “mirror” any application on any other server or wireless
or Internet-based device;
4.7.4. reverse engineer or access the Mobile Application in order to
A. design or build a competitive product or service,
B. design or build a product using similar ideas, features, functions or graphics of the Mobile
C. copy any ideas, features, functions or graphics of the Mobile Application, or
D. launch an automated program or script, including, but not limited to, web spiders, web
crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which
may make multiple server requests per second, or unduly burdens or hinders the operation
and/or performance of the Mobile Application.
5. THIRD PARTY LINKS
5.1. During the use of the website or the application, links to websites that are owned and
controlled by third parties may be provided from time to time in order to enter into
correspondence with, purchase goods or services from, participate in promotions of third
parties. These links take you off the website, the application and are beyond the Company’s
5.2. During use of the website and the application, you may enter into correspondence with,
purchase goods and/or services from, or participate in promotions of third party service
providers, advertisers or sponsors showing their goods and/or services through a link on the
website or through the application or Service. These links take you off the website, the
application and the Service and are beyond the Company’s control. You, therefore, visit or
access these websites entirely at your own risk.
5.3. Please note that these other websites may send their own cookies to users, collect data or
policies on those websites prior to using them.
6. TERM AND TERMINATION
6.1. The contract between the Company and you is concluded for an indefinite period. You are
entitled to terminate the Contract at all times by permanent deletion of the Mobile
Application installed on your mobile device, tablet or any electronic device capable of using
the Mobile Application thus disabling the use by you of the Mobile Application and the
6.2. Company is entitled to terminate the contract at all times and with immediate effect (by
disabling your use of the application and the Service) if you: (a) violate or breach any term of
these Terms and Conditions, or (b) in the opinion of the Company, misuse of the Mobile
Application or the Service.
6.3. The Company is not obliged to give notice of the termination of the contract in advance. After
termination the Company will give notice thereof in accordance with these Terms and
6.4. Neither party hereto shall be responsible for delays or failures in performance resulting from
acts beyond its reasonable control and without its fault or negligence. Such excusable delays
or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental
explosions, floods, storms, acts of God and similar occurrences.
7.1. You will indemnify and hold the Company harmless, from any and all claims, losses,
liabilities, damages, expenses, and costs (including attorneys’ fees and court costs) which
result from a breach or alleged breach of these Terms and Conditions by you.
8. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
8.1. These Terms and Conditions shall be governed by and interpreted in all respects in
accordance with the laws of the Republic of India.
8.2. Subject to the provisions made in Clause 8.3, the Parties hereby submit to the exclusive
jurisdiction of the courts of Bangalore, India.
8.3. All disputes arising out of or in relation to these Terms and Conditions shall be settled
amicably by the Parties. In the event no amicable settlement is arrived at within a period of
fifteen (15) days from the date of first initiation of the dispute by one Party to other, the
Parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and
Conciliation Act, 1996.
8.4. The arbitration proceedings shall be conducted by an arbitral tribunal comprising of 1 (one)
arbitrator mutually appointed by you and the Company.
8.4.1. The arbitration proceedings shall be conducted in English language only and the seat for
arbitration shall be Bangalore, India.
8.4.2. The award of the arbitral tribunal shall be final and binding.
9.1. You may not assign your rights under these Terms and Conditions without prior written
approval of the Company.
10.1. These Terms and Conditions may be amended from time to time and as and when required, at
the discretion of the Company.
11.1. If any provision or any part of a provision of these Terms and Conditions is invalid,
unenforceable or prohibited by applicable laws of the Republic of India , such provision or part
of provision shall be severed from these Terms and Conditions and shall be considered
divisible as to such provision or part thereof and such provision or part thereof shall be
inoperative and shall not be part of the consideration moving between you and the Company
hereto and the remainder of these Terms and Conditions shall be valid and binding and of like
effect as though such provision was not included herein.
Clause 12. NOTICES
12.1. The Company may give notice by means of a general notice on the Application, or by
electronic mail to your email address on record in the Company’s account information, or by
written communication sent by regular mail to your address on record in Company’s account