This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the Information Technology Act, 2000 and rules made thereunder.
1.1 Please note that (a) the domain name https://breezorides.com (the “Website”); and (b) the software application for use on small, wireless computing devices such as smartphones and tablets and also for use on desktop or laptop computers (“Application”) ((a) and (b) hereinafter collectively referred to the “Electronic Media”) is owned, controlled, managed and/or operated by Originshift Transtech Pvt. Ltd., a private limited company incorporated in accordance with the laws of India, either itself and/or through its parent company, its subsidiaries or its affiliates (hereinafter collectively referred to as the “Company”.
2.1 These terms and conditions of use ("Terms of Use") govern the use and access of Electronic Media and availing of the Services (defined below) on the Electronic Media; and constitute a legal agreement ("Agreement") between the Company, and you/yourself/yourselves (“User(s)”). If you continue to use and/or access registration or avail of the Services offered by the the Company's platform and browse the Electronic Media, you are agreeing to comply with and be bound by the Terms of Use.
2.2 In addition to the aforementioned, your use and access to the Electronic Media and the services provided by us through the Electronic Media, is subject to the guidelines, rules, privacy policy, terms, conditions and/or other applicable policies and procedures (“Company Policies”) applicable to such Service, which shall be posted on the Electronic Media from time to time. Unless otherwise provided for in any specific Company Policy, the Company Policies shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of hereof. Therefore, by impliedly or expressly agreeing to be bound by the Terms of Use, you also agree to be bound by the Company Policies, as may be updated, amended or revised from time to time.
2.3 If you do not agree with the Terms of Use, please do not access and use the Electronic Media related to the Company or our Service (defined later) through all other means.
2.4 The Company reserves the right, to modify or replace, in part or full, any of these Terms of Use, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Electronic Media at any time.
2.5 the Company shall not be required to notify the User of any changes made to these Terms of Use. The revised Terms of Use shall be made available on the Electronic Media. The User is requested to visit the Website and/or Application to view the most current Terms of Use. It shall be the User’s responsibility to check these Terms of Use periodically for changes. User’s continued use of the Electronic Media, following the changes to the Terms of Use, will constitute User’s acceptance of those changes. User’s use of the Electronic Media and the Services is subject to the most current version of the Terms of Use made available on the Electronic Media at the time of such use.
All the defined and capitalized terms in these Terms of Use will have the meaning assigned to them here below:
3.1 "Account" shall mean the account created by the User on the Electronic Media for availing the Services provided by the Company.
3.2 “Additional Fee” shall mean such fee as may be charged additionally, while availing the Services for the Ride from Third Party Providers, towards consumption of any additional services like wi-fi services, partner service provider’s services, food items, water, beverages etc.
3.3 "Applicable Law(s)" shall mean and include all applicable statutes, enactments, acts of the legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
3.4 "Application" shall mean the website https://breezorides.com updated by the Company from time to time.
3.5 "the Company" or "us" or "we" or "our" shall mean Originshift Transtech Pvt. Ltd, a company incorporated under the provisions of the Companies Act, 2013.
3.6 "Force Majeure Event" shall mean any event arising due to any cause beyond the reasonable control of the Company.
3.7 "Location Fee" shall mean and include without limitation any toll duty, inter-state taxes, airport charges or any other charge/fee imposed by the governmental instrumentalities or any third party with regard to the operation of the Vehicle (defined below) at specific locations.
3.8 "Registration Data" shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by the Company from the User from time to time for registration on the Application.
3.9 "Ride", "Booking", and "Trip" shall mean the travel in the Vehicle by the User facilitated through the Electronic Media.
3.10 "Total Ride Fee" shall mean and include the aggregate amount reflected in the Electronic Media or notified to the User as an amount payable towards the transportation services and the Services provided through the Electronic Media including inter alia the Location Fee, the Additional Fee (as applicable), any other fee as may be notified by the Company in the Electronic Media or through the mode of booking for each User inclusive of any/all taxes as may be applicable from time to time.
3.11 "Terms of Use" shall mean these terms and conditions for the User.
3.12 "User/ You" means a person who has an Account on the Website.
3.13 "Vehicle" shall mean a four-wheeler automobile as defined under the Motor Vehicles Act, 1988.
3.14 "Website" shall mean the Application and the domain name https://breezorides.com operated by the Company or any other software that enables the use of the Application or such other URL as may be specifically provided by the Company.
4.1 The User hereby understands and acknowledges that he/she has attained at least 18 (eighteen) years of age and is competent to contract under the Applicable Law(s) and thereby can register on the Electronic Media after complying with the requirements of this Clause 4 and by entering their Registration Data.
4.2 The User shall ensure that the Registration Data provided by him/her in the Account is accurate, complete, current, valid and true and is updated from time to time. The Company shall bear no liability for false, incomplete, old or incorrect Registration Data provided by the User.
4.3 The User is solely responsible for maintaining the confidentiality of his/her Registration Data and will be liable for all activities and transactions that occur through the User’s Account, whether initiated by the User or any third party. It has been agreed that the User shall not authorize any third parties to use his/her Account. The User’s Account cannot be transferred or assigned to a third party. The Company shall not be liable for any third-party claim with respect to any loss that the User may have incurred as a result of someone else using the User’s password or Account, either with or without the User’s knowledge.
4.4 The Company reserves the right to suspend or terminate the User’s Account with immediate effect and for an indefinite period, if the Company has a reason to believe that the Registration Data or any other data provided by the User is incorrect or false, or that the security of the User’s Account has been compromised in any way, or there is a breach of terms and conditions of these Terms of Use or upon any unauthorised use of User’s Account by any third party or for any other reason the User may find just or equitable.
4.6 The Company allows the User to open only one Account in association with the Registration Data provided by the User. In case of any unauthorized use of the User’s Account please immediately inform the Company at support@breezorides.com.
4.7 In case, the User is unable to access his/her Account, the User needs to inform the Company at [support@breezordies.com](mailto:support@breezorides.com) and make a written request for blocking the User Account. The Company will not be liable for any unauthorized transactions made through the User’s Account prior to the expiry of 72 (seventy-two) hours after the User has made a request in writing for blocking the User Account, and shall not have any liability in case of a Force Majeure Event.
4.8 the Company reserves the right to modify, terminate or suspend the Services to the User at any time without prior notice due to any changes in internal policy or due to the Applicable Laws or any breach of these Terms of Use by the User or for any reason whatsoever. All previous service requests shall stand voided, and no refund or Service-related deliverable shall be provided.
5.1 Except for the Registration Data or any other data provided, posted, uploaded or submitted by the User on the Electronic Media during the use of any of the services offered through the Electronic Media, the Company does not want the User to, and the User should not, send any confidential or proprietary information to the Company on the Electronic Media or otherwise, unless otherwise is required by Applicable Laws.
5.2 the Company will be entitled to process and transfer User’s information as and when it deems fit.
5.3 The User agrees to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights which the User has in User’s information, in any media now known or not currently known, with respect to User’s information. THE USER AGREES AND PERMITS the Company TO SHARE USER’S INFORMATION WITH THIRD PARTIES IN ACCORDANCE WITH THE APPLICABLE LAWS AND PRIVACY POLICY.
5.4 Further, the Company shall store the information provided by the User including without limitation the recordings of User’s calls between the Company’s executive and the User for their conversation regarding the Services of the Company or any/all Service-related matters. The User shall promptly inform the Company of any change in the information provided by the User to the Company regarding the Services availed on the the Company platform.
6.1 When you become a User, then and during your use of the Electronic Media and/or Services, you will provide us with certain information and other data as aforesaid that may or may not be otherwise publicly available. We will respect the privacy of such data as per our Privacy Policy which is available here. We will only collect, use, disclose or process your data in accordance with our Privacy Policy, which you accept by your continued use of the Electronic Media and/or the Services. We will share your data with with other parties only as set out in our Privacy Policy.
7.1 The User agrees, undertakes and confirms that the User’s use of Electronic Media shall be strictly governed by the following binding principles:
7.1.1 The User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Electronic Media or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Electronic Media or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Electronic Media. We reserve the right to bar any such activity as and when detected or deemed appropriate.
7.1.2 The User shall not probe, scan or test the vulnerability of the Electronic Media or any network connected to the Electronic Media nor breach the security or authentication measures on the Electronic Media or any network connected to the Electronic Media. The User may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Electronic Media, or any other customer of the Company, including any of the Company's accounts not owned by the User, to its source, or exploit the Electronic Media or any Service or information made available or offered by or through the Electronic Media, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Electronic Media.
7.1.3 The User shall not use the services or Electronic Media in any manner that could damage, disable, overburden, block or impair any of the servers connected to the Electronic Media. The User may not attempt to gain unauthorized access to the services through hacking, password mining or any other means.
7.1.4 The User may not reverse engineer, decompile and disassemble any software used to provide the Services by the Company.
7.1.5 The User, by creating an Account under the provisions of these Terms of Use, authorizes us to call or SMS or email on his/ her registered mobile number/ registered email address for the purposes of communicating information pertaining to the Services, Rides, feedback or offers or providing customer support.
7.1.6 The User shall not engage in advertising to, or solicitation of, other users of the Electronic Media to buy or sell any products or services, including, but not limited to, related services being displayed on or related to the Electronic Media. It shall be a violation of these Terms of Use to use any information obtained from the Electronic Media in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Electronic Media.
7.1.7 The User understands that the Company always has the right to disclose any information (including the identity of the persons providing information or materials on the Electronic Media) as necessary to satisfy any law, regulation or valid governmental request. In addition, the Company can (and User hereby expressly authorize the Company to) disclose any information about User to law enforcement or other government officials, as it, in the Company's sole discretion, believes necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
7.1.8 It is possible those other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Electronic Media. It also is possible for others to obtain personal information about Users on the public forum due to the User’s use of the Electronic Media, and the recipient may use such information to harass or injure the User. the Company does not approve of such unauthorized uses but by using the Electronic Media, the User acknowledges and agrees that the Company shall not responsible for the use of any personal information that the User publicly discloses or shares with others on the Electronic Media.
7.1.9 the Company shall have all the rights to take necessary action and claim damages that may occur due to User’s involvement/participation in any way through User or through group/s of people, intentionally or unintentionally causing hindrance in the provision of Services.
8.1 The Service allows You to send a request through the Company Electronic Media to the Company. the Company has the discretion to accept or reject each request for the Service. If the request is accepted, the Company notifies the User and provides information regarding the Driver - including the Driver’s name, telephone contact details of the Driver and such other details as the Company may determine.
8.2 The Company shall procure reasonable efforts to bring the User into contact with a Driver, subject to the availability of a Driver in or around the User’s location at the moment of the User’s request for such Services.
8.3 By using the Application or the Service, the User further agrees that:
8.3.1 The User will only use the Service or download the Application for his/her sole, personal use and will not for commercial purposes resell or assign it to a third party;
8.3.2 The User will not use an account that is subject to any rights of a person other than the User without appropriate authorization;
8.3.3 The User will not use the Service or the Electronic Media for unlawful purposes or carry any materials equipment or material that is prohibited under the Applicable Law or the use of which can be used for any illegal purposes/activities;
8.3.4 The User will not try to harm the Driver, Electronic Media or the Company's network in any way whatsoever or cause any damage to the Vehicle;
8.3.5 The User will comply with all Applicable Laws from the User’s country of domicile and residence and the country, state and/or city in which the User is present while using the Electronic Media or Service;
8.3.6 The User is aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
8.4 the Company reserves the right to immediately terminate the Service and the use of the Electronic Media in the event of non-compliance with any of the above requirements by the User.
8.5 The User is strictly prohibited from doing the following acts including without limitation: Smoking and/or drinking in the Vehicle, misbehaving with the Driver, assaulting the Driver in any manner, tearing off any advertisement(s) material or promotional material placed in the Vehicle, disturbing or distracting the Driver while driving, making unnecessary noises, leave without paying, jump out of the Vehicle, abuse the Driver in any manner, doing acts which may harm the interiors of the Vehicle, causing a fire in the Vehicle or doing any act in violation of the Applicable Laws.
8.6 In the event the User is found to be involved in the activities as set out above, the User shall be liable to pay a fine to the Company and the Company shall also have the right to terminate the Ride and/or User’s Account, immediately.
8.7 In the event User fails to pay the fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law for recovery of the fine or any amount due and payable by User on account of loss, damages, costs and expenses that are incurred by the Company and/or Third Party Providers arising out of/or in relation to the illegal or unauthorised use of services or any act and omission on the part of the User in complying the terms herein. The User shall also be blacklisted as a result of non-payment of the fine or misbehaving or causing the aforementioned acts, as the case may be, and in such event, User’s Account may be terminated by the Company.
9.1 The User will be charged the Total Ride Fee by the Company in respect of each Ride towards the transportation services and the Services availed by the User through the Electronic Media.
9.2 In addition to the above, the User will be charged with a Location Fee charged for fees attributable to any toll duty, inter-state taxes, airport charges or any other charge/fee imposed by the governmental instrumentalities or any third party with regard to the operation of the Vehicle at specific locations. The User acknowledges that the Additional Fee may be revised at the sole and absolute discretion of the Company. Such revised fees will be notified on the Electronic Media from time to time on the mode of booking by the User from time to time.
9.3 Upon the User opting for payment by cash option at the time of the booking, the Total Ride Fee will be collected by the Driver from the User at the end of the Ride.
9.4 the Company shall provide a receipt and acknowledgement in respect of the Ride for the Total Ride Fee payable by the User at the end of the Ride and the User may raise a request for a copy of the invoices from their account page on the Electronic Media.
9.5 the Company reserves the right to charge you any reasonable costs required to clean or repair the Vehicle attributable to you during a Ride and the Company will collect payment for such costs as the agent of the Third Party Providers. You shall be responsible for such cost of repair for damage to, or necessary cleaning of, the Vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”).
9.6 Any payment-related issue, except when such issue is due to an error or fault in the Application and/or Website, shall be resolved between the User and the Payment Processor/Payment Gateway. the Company shall not be responsible for any unauthorized use of the User’s E-Wallet/ Credit Card/ Debit Card/ Net Banking Payment during or after availing the Services on the Application and/or Website.
9.7 If the Company has a reason to believe that any payment instructions made on the User’s Account have been fraudulently made, the Company will suspend and deny the User any access to his/her Account in order to investigate and report the suspicious activity. Such suspension will continue in effect till the conclusion of the investigation.
10.1 The Company may periodically send promotional emails, SMSs or push notifications to the User about its Services.
10.2 the Company also reserves the right to reject or refuse any third-party service used by the User in conjunction with the Company's Electronic Media.
11.1 All issues, opinions, suggestions, questions and feedback while availing of the Company's Services shall be communicated to us through the following email address support@breezorides.com.
11.2 Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed. The User agrees and acknowledges that any and all issues/complaints/grievances a User has, must be communicated to the Company only through the Electronic Media or to the consumer helpdesk as stipulated in these Terms of Use of the Electronic Media and not on any other third party platform/social media channels.
11.3 The User shall be responsible and liable in respect of the wrongful allegation made and any issues posted on such other third-party platforms/social media. the Company takes no liability for the inability to get back or respond to any complaints made or content posted by the User about the Company on other channels.
In addition and not in derogation of the specific indemnities provided by you to the Company under these Terms of Use and/or Company Policies, you agree to indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, users and agents etc. (“Indemnified Parties”) against any/all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against Indemnified Parties, to the extent such Losses are based on or arising out of or in connection with: (a) any breach or non-performance or non-compliance of any of the Terms of Use and/ or other terms and conditions of Platform with respect to use and access of the Platform and/or availing Services on/through the Platform and/ or purchase of the product or services of Third Party Advertisers; (b) for truthfulness and correctness of the information provided by the User at the time of registration and/ or availing the Services; (c) any claim which the Driver/Third Party Providers may have with respect to interaction, communication, dealing, dispute, and transaction between the Driver/Third Party providers and the User; (d) any content posted by the User on the Platform and User's use of the Services available on or through the Platform; (e) any claim of third party due to, or arising out of, or in connection with, your use of the Platform and/ or availing of Services by the User; (f) breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right) by you.
13.1 The information, recommendations and/or Services provided to the User on or through the Electronic Media, the Application and the Company's call centre are for general information purposes only and do not constitute advice. the Company will reasonably keep the Electronic Media and its contents correct and up to date but does not guarantee that (the contents of) the Electronic Media is free of errors, defects, malware and viruses or that the same is correct, up to date and accurate.
13.2 The Company shall not be liable for User missing trains/flights/events or delays etc as the Service is dependent on many factors not in the Company's control. Users must book the Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other unexpected delays.
13.3 The Company shall not be liable for any damages resulting from the use of or inability to use the Electronic Media, including damages caused by wrong usage of the Electronic Media, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the information or the or Application.
13.4 The user shall take full responsibility for his/her items and luggage. In case of lost items inside the vehicle during the journey, the Company will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same. If the user leaves any goods in the vehicle or has any complaint in respect of the services or the use of the vehicle, the user shall have to inform the Company within 24 hours of using the vehicle or the services of the Company. If the items are found in the cab, Our team will communicate further steps on how to retrieve the lost item.
13.5 the Company does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
13.6 The Company shall not be responsible for any loss of communication/information of status updates and benefits under the program. All this information will be sent to the mobile number and/or email ID registered with the Company. The Company will not be responsible for the appropriateness of mobile or email or any other communication medium.
13.7 IN NO EVENT SHALL the Company BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF the Company HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
13.8 IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL the Company's AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
13.9 If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of the Company shall be the minimum permitted under Applicable Law.
14.1 The Company alone (and its licensors, where applicable) shall own all rights, titles and interests, including all related intellectual property rights, in and to the Electronic Media and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations; text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or other information provided by the User or any other party relating to the Electronic Media or the Service.
14.2 Third-party trademarks may appear on this Electronic Media and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, the User needs to get permission directly from the owner of the intellectual property for any use.
14.3 These Terms of Use do not constitute a sale and do not convey to the User any rights of ownership in or related to the Electronic Media or the Service, or any intellectual property rights owned by the Company. The User shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by the use of the Services or the Electronic Media.
15.1 These Terms of Use are subject to the laws of India.
15.2 All disputes arising out of or in connection with the Terms of Use shall be attempted to be settled through negotiation between senior management of the Company and the User. If any dispute arising between the parties is not amicably settled within a reasonable period of sixty (60) days of the initiation of the aforesaid dispute resolution mechanisms, then, the same shall be resolved by arbitration in accordance with the provisions of the Rules of Arbitration of the Indian Council of Arbitration for the time being in force, which rules shall be deemed to be incorporated by reference in this Clause 20. The dispute shall be referred to one (1) arbitrator to be appointed/ nominated by the Company. The place of arbitration shall be New Delhi. The language of the arbitration will be English. The decision of the arbitrator will be final, binding and incontestable and may be used as a basis for judgment thereon in India or elsewhere. The Company and the User will bear its own costs of the arbitration.
16.1 No more than 2 pets are allowed to travel in a ride
16.2 Pets should be in carriers or under other suitable restraint at all times
16.3 Any damage done to the car by the pet(s) will be paid for by the guest in full
17.1 We are not liable for any infringement of copyright, trademark, patterns and/or any intellectual or proprietary rights of any third party, arising out of contents and/or materials posted on or transmitted through the Electronic Media or items advertised thereon.
17.2 We shall have no liability to you for any failure and/or delay in the performance of Services or any interruption or delay, to access the Electronic Media, if that failure and/or delay is due to reasons or circumstances beyond our reasonable control (and the time for performance of the same shall be and is extended accordingly). However, if we decide to grant you an indulgence on the performance of any obligation under these Terms of Use, such indulgence shall not constitute a waiver of any of our rights.
17.3 These Terms of Use and the Company Policies incorporated herein by reference constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
17.4 The rights and obligations under the Terms of Use which by their nature should survive will remain in full effect after the termination or expiration of the Terms of Use.
17.5 If any provision of the Terms of Use becomes or is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable then such invalidity, illegality or unenforceability shall not affect the validity of the other provisions of the Terms of Use, which shall remain in full force and effect.
17.6 No representation of our employees, officers or agents or those contained and advertised on the Website or the Electronic Media shall represent an addition or amendment to these Terms of Use unless the same has been set out in writing and signed by one of our directors.
17.7 You agree not to assign, transfer or novate your rights or obligations under these Terms of Use, without our prior written consent, if applicable.
17.8 The laws of India will govern these Terms of Use. By accepting these Terms of Use you agree to irrevocably submit to the exclusive jurisdiction of the courts at New Delhi in respect of any disputes, acts, matters or controversies arising as a result of a breach of these Terms of Use those relating to the validity, enforcement and/or interpretation of the terms of these Terms of Use.
17.9 Failure on our part to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
17.10 No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of these Terms of Use.
17.11 In our discretion we may serve any notice or communication on you by email or mail. In the case of notices sent by (b) email, you will be deemed served at the time and date of receipt of such email by you; and (c) mail, you will be deemed served 5 (five) business days after dispatch of the same.
17.12 No person other than you has any rights under these Terms of Use and cannot enforce these Terms of Use.
17.13 As part of the registration process you agree to receive such marketing and promotional materials via mail, SMS, and/or email as we may deem appropriate to send you in connection with our Website and Services. For further details relating to the same, please refer to our Privacy Policy.
17.14 The invalidity of any term of these Terms of Use shall not affect the validity of the other provisions of these Terms of Use. If and to the extent that any provision of these Terms of Use is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these Terms of Use.
17.15 The User may contact the Company by electronic mail at the email address support@breezorides.com.
17.16 the Company shall not be liable for any failure to perform any obligations under these Terms of Use if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case, its obligations shall be suspended for so long as the Force Majeure Event continues.