PRIVACY POLICY, DISCLAIMER AND GRIEVANCE REDRESSAL POLICY

 

GoBuddy Service Private Limited

 

Registered Office: Swami Vivekananda Sarani, Ranaghat, Nadia, West Bengal, India

 

This Privacy Policy, Disclaimer and Grievance Redressal Policy (“Policy”) applies to the car rental, car hire, chauffeur-driven vehicle, cab/taxi, bus, minibus, coach and other passenger transportation or booking services (“Services”) provided, arranged or facilitated by GoBuddy Service Private Limited (“GoBuddy”, “Company”, “we”, “us” or “our”) through its website, mobile application, telephone, electronic communication or other authorised booking channels.

 

This Policy shall be read with the applicable booking terms, fare, cancellation/refund policy and any specific conditions communicated to the Customer.

1. APPLICABLE LAW

The Services shall be governed by applicable laws of India, including, wherever relevant:

The Motor Vehicles Act, 1988 , as amended;

Applicable Central and West Bengal Motor Vehicle Rules, permit and transport regulations;

Applicable Motor Vehicle Aggregator Guidelines and State Government aggregator/ODTTA requirements;

The Indian Contract Act, 1872;

The Consumer Protection Act, 2019;

The Consumer Protection (E-Commerce) Rules, 2020, where applicable;

The Information Technology Act, 2000 and applicable rules;

The Digital Personal Data Protection Act, 2023 and rules made thereunder, to the extent brought into force and applicable;

Applicable Taxation Laws; and

Other Central, State and Local Laws applicable to passenger transportation and online booking services.

 

Nothing contained in this Policy shall override any mandatory provision of Indian law.

 

 

 

PRIVACY POLICY

2. COLLECTION OF PERSONAL DATA

GoBuddy may collect personal information reasonably necessary for providing the Services, including the Customer’s name, mobile number, email address, billing details, pick-up and drop-off locations, travel itinerary, passenger information, booking history, payment/transaction information, identification details where legally required, location information, customer-support communications and other information necessary for booking, security or legal compliance.

3. PURPOSE OF COLLECTION AND USE

Personal data may be used for:

Booking, confirming and providing transportation Services;

Assigning vehicles and drivers;

Processing payments, invoices and refunds;

Communicating journey and booking information;

Customer support and grievance redressal;

Passenger and driver safety;

Fraud prevention and security;

Maintaining statutory, accounting and transaction records;

Investigating complaints, accidents and disputes; and

Complying with lawful directions of courts, police, transport authorities, regulators and governmental authorities.

Personal data shall not knowingly be used for an unrelated purpose contrary to applicable law.

4. CONSENT AND PROCESSING

Where consent is required by applicable data-protection law, GoBuddy shall obtain consent in the manner prescribed by law.

The Customer may withdraw consent where legally permissible. Such withdrawal shall not affect lawful processing already undertaken and may prevent GoBuddy from continuing a Service where the relevant information is essential to fulfil the booking or legal obligation.

5. DISCLOSURE OF INFORMATION

GoBuddy may disclose relevant information, where reasonably necessary, to: drivers; vehicle owners; fleet operators; bus/coach operators; transportation partners; payment gateways; banks; insurers; technology providers; professional advisers; governmental authorities; police; courts; regulators; and other persons where disclosure is required or permitted by law.

 

Only such information as is reasonably necessary for the relevant purpose should be shared.

6. DATA SECURITY AND RETENTION

GoBuddy shall take reasonable technical and organisational measures to safeguard personal data against unauthorised access, disclosure, misuse, alteration or loss.

Personal data may be retained for such period as reasonably necessary for completing bookings, statutory compliance, accounting/tax requirements, dispute resolution, fraud prevention and legal proceedings and shall thereafter be erased or otherwise dealt with according to applicable law.

7. CUSTOMER DATA RIGHTS

Subject to applicable law, Customers may request correction, completion, updating or erasure of personal data, withdraw consent where applicable and raise grievances concerning processing of their personal data.

SERVICE DISCLAIMER

 

8. NATURE OF GOBUDDY’S ROLE

Depending upon the particular booking, GoBuddy may:

(a) provide Services through vehicles owned, leased or controlled by it;

(b) engage independent vehicle or fleet operators;

(c) arrange vehicles and drivers on behalf of Customers; or

(d) act as a digital intermediary/aggregator connecting Customers with independent transportation providers.

Where GoBuddy acts as an aggregator or intermediary, the independent vehicle owner/operator and driver shall remain responsible for their respective acts, omissions and statutory obligations, subject to any liability which applicable law separately imposes upon GoBuddy.

 

 

 

9. TRANSPORT LICENCES, PERMITS AND COMPLIANCE

Every vehicle used for commercial passenger transportation shall be required to have such valid registration, permit, fitness certificate, pollution certificate, insurance and other statutory documentation as applicable.

Every driver shall be required to hold the appropriate and valid driving licence and satisfy such statutory requirements as are applicable to the Service.

Where the vehicle is provided by an independent operator, such operator shall be responsible for maintaining all applicable vehicle, driver, permit and insurance compliances.

GoBuddy's operations as an aggregator, where applicable, shall remain subject to licences and requirements prescribed by competent Central and State authorities.

10. BOOKING CONFIRMATION

A quotation, enquiry or provisional reservation does not constitute a confirmed booking.

A booking shall be considered confirmed only when accepted by GoBuddy and when applicable advance/payment or other booking requirements have been satisfied.

Customers shall provide accurate details of pick-up, destination, time, date, passenger count, luggage, itinerary and special requirements.

GoBuddy shall not be liable for additional expense or delay directly caused by materially inaccurate or incomplete information supplied by the Customer.

11. VEHICLE AVAILABILITY AND SUBSTITUTION

Vehicles are subject to availability.

Photographs displayed on the website/application may be representative. Unless a particular vehicle model is specifically guaranteed in writing, GoBuddy may provide a vehicle of the booked category or a reasonably comparable substitute due to breakdown, accident, operational difficulty or non-availability.

 

 

 

 

 

12. BREAKDOWN AND OPERATIONAL INTERRUPTIONS

In the event of an unforeseen vehicle breakdown, GoBuddy or the relevant operator shall make reasonable efforts to repair the vehicle or arrange an alternative vehicle, having regard to location, availability and surrounding circumstances.

Subject to applicable law, an unforeseen breakdown shall not by itself make GoBuddy liable for indirect or consequential losses where reasonable corrective measures have been undertaken.

13. DELAY AND JOURNEY TIME

Travel and arrival times are estimates unless expressly guaranteed.

GoBuddy shall not be responsible, to the extent permitted by law, for delays resulting from circumstances beyond its reasonable control, including: traffic congestion, accidents, road closures, diversions, adverse road conditions, severe weather, natural disasters, strikes, public demonstrations, governmental restrictions, police restrictions or other force majeure events.

Customers travelling to airports, railway stations, court hearings, examinations, weddings, business meetings or other time-sensitive destinations should maintain sufficient travel-time margins.

14. FARES AND ADDITIONAL CHARGES

The Customer shall pay the fare communicated and accepted at the time of booking.

Unless expressly included, additional charges may apply for tolls, parking, airport charges, State/interstate taxes, permits, waiting time, additional kilometres or hours, driver allowances, night charges, route deviations and additional stops.

GoBuddy shall endeavour to disclose compulsory charges transparently before or during the booking process wherever reasonably practicable.

15. CANCELLATION, REFUND AND NO-SHOW

Cancellation and refund terms applicable to the particular booking shall be disclosed before or at the time of booking.

Cancellation charges may depend upon the notice period, vehicle category, operator commitments, permits, special arrangements and costs already incurred.

Where the Customer fails to report at the specified pick-up location within the applicable waiting period and reasonable attempts to contact the Customer fail, the booking may be treated as a No-Show, and applicable charges may be levied.

Nothing in this clause shall prejudice mandatory refund or consumer rights available under Indian law.

16. CUSTOMER AND PASSENGER CONDUCT

Customers and passengers shall comply with applicable laws and reasonable safety directions and shall not:

Interfere with the driver;

Exceed the lawful seating capacity;

Engage in violent, abusive or dangerous behaviour;

Carry prohibited or illegal articles;

Use the vehicle for unlawful purposes;

Intentionally or negligently damage the vehicle; or

Do anything that compromises passenger, driver or public safety.

 

GoBuddy/operator/driver may refuse or discontinue a journey where continuation reasonably creates a serious safety or legal risk.

17. DAMAGE TO VEHICLES

The Customer shall be responsible, to the extent legally permissible, for reasonable repair, restoration or exceptional cleaning costs directly resulting from deliberate or negligent damage caused by the Customer or passengers travelling under the booking.

18. LUGGAGE AND PERSONAL PROPERTY

Customers shall remain responsible for luggage, cash, jewellery, mobile phones, laptops, documents and other personal belongings.

Customers are advised to inspect the vehicle before leaving.

Where lost property is found, GoBuddy shall make reasonable efforts to facilitate its return. GoBuddy shall not be liable for loss of personal property except where such loss is directly attributable to an act or omission for which GoBuddy is legally responsible.

 

 

 

19. ACCIDENTS AND INSURANCE

Any liability arising from a road traffic accident shall be determined in accordance with applicable motor vehicle law, insurance law, statutory compensation provisions and the facts of the particular incident.

Nothing contained in this Policy shall restrict or waive statutory compensation rights of passengers, third parties or other persons that cannot lawfully be excluded by contract.

20. THIRD-PARTY OPERATORS

Where Services are fulfilled by independent vehicle owners, drivers or transport operators, they shall remain responsible for compliance with legal obligations applicable specifically to their vehicles, drivers and operations.

GoBuddy shall not automatically assume liability for every independent act or omission of a third-party operator merely by facilitating a booking; however, nothing contained herein excludes responsibility imposed upon GoBuddy by applicable law.

21. LIMITATION OF LIABILITY

To the maximum extent permitted by Indian law, GoBuddy shall ordinarily be responsible only for direct and reasonably foreseeable losses legally established to have arisen from a breach attributable to GoBuddy.

GoBuddy shall not ordinarily be liable for indirect, remote, special or consequential commercial loss, including loss of profit, business opportunity or anticipated savings.

Any contractual limitation shall operate only to the extent legally permissible and shall not exclude liability which cannot lawfully be restricted, including liability arising from fraud, wilful misconduct or mandatory statutory obligations.

22. MISSED FLIGHTS, TRAINS AND EVENTS

GoBuddy shall not be liable for consequential losses arising from missed flights, trains, meetings, examinations, court proceedings, weddings, appointments or other events where delay results from circumstances beyond its reasonable control.

The Customer remains responsible for allowing an appropriate margin between scheduled transportation and any time-sensitive onward commitment.

 

 

 

23. CUSTOMER INDEMNITY

To the extent permitted by law, the Customer shall indemnify and keep indemnified GoBuddy Service Private Limited, its directors, officers, employees, representatives and authorised service partners against reasonable claims, losses, penalties, damages and expenses directly resulting from:

Fraud or deliberate misrepresentation by the Customer;

Unlawful use of the Service;

Deliberate or negligent damage caused by the Customer/passengers;

Carriage of prohibited or illegal goods;

Violation of applicable law by the Customer/passengers; or

Material breach of the applicable booking conditions.

 

This indemnity shall not protect GoBuddy against liability attributable to its own fraud, wilful misconduct or liability which cannot legally be excluded.

24. FORCE MAJEURE

GoBuddy shall not be liable for delay or inability to perform its contractual obligations caused by circumstances beyond its reasonable control, including natural disasters, flooding, cyclone, earthquake, epidemic, pandemic, war, terrorism, riot, civil disturbance, strike, government restrictions, road closure or transport shutdown.

GoBuddy shall, where reasonably practicable, take reasonable steps to mitigate the effect of such circumstances.

25. WEBSITE AND DIGITAL PLATFORM

GoBuddy shall endeavour to maintain reasonably accurate information on its website/application but does not warrant uninterrupted, error-free or permanently available digital Services.

The name GoBuddy, associated trademarks, logos, software, website/application content, photographs, graphics and proprietary materials owned by or licensed to GoBuddy Service Private Limited shall remain protected under applicable intellectual-property laws.

 

 

 

 

26. FRAUDULENT OR UNLAWFUL BOOKINGS

GoBuddy may reject, suspend or cancel bookings where it has reasonable grounds to suspect fraudulent payment, identity fraud, stolen payment credentials, materially false information, unlawful activity or genuine safety/security risks.

GoBuddy may cooperate with banks, payment processors, police, courts and lawful authorities in investigating suspected fraud or criminal activity.

 

GRIEVANCE REDRESSAL

27. CUSTOMER GRIEVANCE MECHANISM

Customers may lodge complaints concerning bookings, cancellation, refunds, fares, vehicle/driver Services, payments, privacy or personal data with GoBuddy's designated Grievance Officer.

A complaint should preferably contain:

Customer's name and contact details;

Booking/reference number;

Date of journey;

Nature of grievance; and

Relevant supporting information or documents.

 

The Grievance Officer shall endeavour to acknowledge and resolve grievances within the periods prescribed by applicable Indian law. Where the Consumer Protection (E-Commerce) Rules, 2020 apply, the statutory grievance-redressal requirements applicable to e-commerce entities shall be followed.

28. COMPANY AND GRIEVANCE DETAILS

GoBuddy Service Private Limited

Registered Office: Swami Vivekananda Sarani, Ranaghat, Nadia, West Bengal, India

CIN: [Insert CIN]

Website: [Insert Website]

Customer Care Email: [Insert Email]

Customer Care Telephone: [Insert Number]

Grievance Officer: [Insert Full Name]

Designation: Grievance Officer / Privacy Contact

Grievance Email: [Insert Email]

Contact Number: [Insert Number]

29. GOVERNING LAW AND JURISDICTION

This Policy and the Services shall be governed by the laws of India.

The parties shall endeavour to resolve disputes amicably in the first instance.

Subject to applicable consumer-protection legislation and other mandatory jurisdictional provisions, courts having competent territorial jurisdiction over Ranaghat, Nadia, West Bengal shall have jurisdiction over contractual disputes arising from the Services.

Nothing herein shall prevent a Customer from approaching any Consumer Commission, statutory authority, tribunal or court having jurisdiction under applicable law.

30. SEVERABILITY AND STATUTORY SAVINGS

If any provision of this Policy is held invalid or unenforceable, it shall be restricted or severed only to the minimum extent necessary and the remaining provisions shall continue in force.

Nothing contained in this Privacy Policy, Disclaimer or Grievance Redressal Policy shall exclude, restrict or waive any statutory passenger right, consumer right, data-protection right, insurance entitlement, compensation claim or other legal remedy which cannot lawfully be excluded under Indian law.

 

Effective Date: [Insert Date]

Last Updated: [Insert Date]