General Terms and Conditions for the use of TravelBuddy

These Terms and Conditions are applicable for use of the TravelBuddy Service offered through the TravelBuddy Driver App (as defined below) and use of our website at http://travelbuddy.online/ (the "Website"), as well as to all information, recommendations and/or services provided to the TravelBuddy Driver App on or through the Website, the Service and the Application

TravelBuddy Driver App (hereinafter referred to as the “Application”) is a service provided by TravelBuddy Online (Pvt) Limited (hereinafter referred to as the “Service”), a company duly incorporated and existing under the laws of Sri Lanka [bearing Registration No PV00238387] and having its Registered Office and/or principal place of business at No.7, 8th Lane, Nawala Road, Nawala.

TravelBuddy Driver App:

TravelBuddy Driver App enables a scheduled transportation provider ( the “Driver”) to self register with the TravelBuddy service and offer scheduled transportation services (hereinafter referred to as the “Ride”) to a person already registered with TravelBuddy Online (Pvt) Limited to obtain the scheduled transportation services through the Application (hereinafter referred to as the “Passenger”).

The Driver will in the process of registering with TravelBuddy Online (Pvt) Limited provide information such as Driver name, profile Image and contact number, vehicle registration number, details of the vehicle, photographs and any additional features offered (e.g. air conditioning), route details (start location and end location, start time, end time), current location of the vehicle (the information relating to the current location will only be shared when a Ride is active and only with the Passengers who are joining or already joined the current active Ride).

The Driver shall be able to perform functions which will be viewed by the Passenger such as details relating to the starting and the ending of a Ride, update Passenger status (Onboarded, Offboarded), mark a Passenger as no-show and contact the Passenger requesting a ride.

TravelBuddy Online (Pvt) Limited shall only act as an intermediary between the Passenger and the Driver and shall not itself provide transportation services.

The provision of the transportation services by the Driver to the Passenger is subject to the mutual understanding entered into between the Driver and the Passenger.

TravelBuddy Online (Pvt) Limited will offer information and access to Drivers, but shall not in any way provide transportation services or act as a transportation carrier and shall not be held liable to the Passenger for the service provided by such Driver.

The relationship between TravelBuddy Online (Pvt) Limited and the Driver:

By downloading, installing and thereafter using the Application or the Service, the Driver will agree to adhere with the Terms and Conditions (hereinafter referred to as the "T&Cs") shared by TravelBuddy Online (Pvt) Limited for the use of Application and Services.

Duties and responsibilities of the Driver:

• Shall only use the Service or download the Application for sole, personal use and will not resell it to a third party.


• Shall use the Service at their sole discretion and accept the risks and responsibilities of using it.


• Shall provide true and accurate information as requested by TravelBuddy Online (Pvt) Limited for purposes of registering and using the Application and Service.


• Should be over the age of 18 years in order to legally accept T&Cs with TravelBuddy Online (Pvt) Limited.


• Shall not authorize others to use the account.


• Shall not transfer or assign the account to any other person.


• Shall not use the Service or Application for unlawful purposes other than providing the mentioned transportation service.


• Shall keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application and use reasonable efforts to prevent unauthorized access to or use of the Service.


• Shall not use the Service or Application with an incompatible or unauthorized device.


• Shall comply with all applicable laws and regulations of the country while using the Application or Service.


• Shall not use the Service or Application to cause nuisance, annoyance or inconvenience.


• By accepting the Terms and Conditions, the Driver agrees that he/she shall defend, indemnify and hold TravelBuddy Online (Pvt) Limited, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with;


1. Any violation or breach of any term of these Terms and Conditions or any applicable law or regulation, whether or not referenced herein by the Driver


2. Any violation of any rights of any third party resulting from the use of the Application of the Service, or


3. Any use or misuse of the Application or Service by the Driver


• The Driver understands, acknowledges and agrees that there shall at no point be an employer- employee relationship between him/her and TravelBuddy Online (Pvt) Limited and shall not be entitled to any of the benefits which TravelBuddy Online (Pvt) Limited makes available to its employees including but not limited to statutory payments and insurance schemes.



Duties and responsibilities of TravelBuddy Online (Pvt) Limited:

• Shall provide to the Driver the use of a limited non-exclusive, non-transferable right to download and install a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely for your own personal use.


• Shall facilitate a means to the Driver to provide transportation services to a Passenger through the use of the Application.



Disclaimers and Limitation of Liability of TravelBuddy Online (Pvt) Limited:

• TravelBuddy Online (Pvt) Limited shall not be held responsible/liable for any damages resulting from the use of (or inability to use) the Application or Website including damages caused by malware, viruses or any incorrectness or incompleteness of the Information of the Application or Website.


• TravelBuddy Online (Pvt) Limited shall further not be liable for any damages resulting from the use of (or the inability to use) electronic means of communication with the Application or the Website, including but not limited to damages resulting from a system and device error/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.


• TravelBuddy Online (Pvt) Limited shall not be held responsible for the quality of the transportation services provided through the use of the Application or the Service including but not limited to the quality, safety, conduct and punctuality and such shall be the responsibility of the Driver who ultimately provides such transportation services to the Passenger.


• TravelBuddy Online (Pvt) Limited shall not accept liability in connection with and/or arising from the transportation services provided by the Driver or any acts, actions, behaviour, conduct, and/or negligence on the part of the Driver. Any complaints from Passengers about the transportation services provided by the Driver should therefore be submitted to the Driver.


• The information, recommendations and/or services provided to you on or through the Application , the Service and the Website is for general information purposes only and does not constitute advice. TravelBuddy Online (Pvt) Limited will reasonably keep the Application and the Website and its contents correct and up to date but does not guarantee that (the contents of) the Application and/or Website are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.


• TravelBuddy Online (Pvt) Limited shall not be held liable for any personal injury/disability or property loss/ damage resulting from/or caused by the Ride facilitated by TravelBuddy Online (Pvt) Limited between the Passenger and the Driver.


• TravelBuddy Online (Pvt) Limited shall not be liable for any disputes or disagreements and any damages, claims and demands arising from such dispute/disagreement between the Passenger and any Third Party the Passenger interacts with in the use of the Service. Such disputes should be directly dealt with the Third Party and resolved.



Payments:

TravelBuddy Online (Pvt) Limited provides the Service Free of Charge to theDriver for the use of the Application and the Service of TravelBuddy but reserves the right to introduce a fee for the use of the Application or the Service. If such a fee is introduced, TravelBuddy Online (Pvt) Limited shall notify the Driver of such implementation and the user of the Application has all the right to decide if to continue using the Application or not.

The Driver is responsible to collect from the Passenger, the applicable fee for the Ride as mutually agreed upon at the time of reserving the Ride. Any disputes arising in this regard will be settled between the Passenger and the Driver and shall not be the responsibility of TravelBuddy Online (Pvt) Limited.




Communications by TravelBuddy Online (Pvt) Limited:

The Driver will receive communications including but not limited to security, privacy, administrative issues and service related purposes from TravelBuddy Online (Pvt) Limited through email and/or text message to the e-mail address/ telephone number provided at the time of registration. Charges for the messaging service or data rates will be chargeable to the Driver by the relevant service provider of such service.




Privacy of Information:

TravelBuddy Online (Pvt) Limited will collect and process the data of the Driver in accordance with their Privacy Policy accessible here




Intellectual Property Rights:

All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to TravelBuddy Online (Pvt) Limited and used as permitted by law.




Term

The T&Cs between Driver and TravelBuddy Online (Pvt) Limited shall be for an indefinite period and will end upon termination as per the Terms and Conditions stated herein.




Termination

TravelBuddy Online (Pvt) Limited reserves the right to terminate the Service offered to the Driver without giving prior notice in the event the Driver is violating any terms of the T&Cs or acts in violation of a law of the country or misuses the Application or the Service.

The Driver has the right to terminate the use of the Service or Application at any time without giving prior notice to TravelBuddy Online (Pvt) Limited by permanently removing the Application from the Smartphone.

Most content and some of the features on the Website are made available to visitors free of charge. However, TravelBuddy Online (Pvt) Limited reserves the right to terminate access to certain areas or features of the Website at any time for any reason, with or without notice. TravelBuddy Online (Pvt) Limited also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of TravelBuddy Online (Pvt) Limited and/or other visitors to the Website and reserves the right to limit, deny or create different access to the Website and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.

Severability

In case of any one or more of these Terms and Conditions should be held invalid, illegal or unenforceable, each such provision shall be modified, if possible, to the minimum extent necessary to make it valid and enforceable. But if it cannot be modified, then severed, and the remaining provisions contained in this T&Cs shall not in any way be affected or impaired.




Amendments

TravelBuddy Online (Pvt) Limited reserves the right to amend these Terms and Conditions as it seems fit by giving notice of it to the Driver through the Service.




Governing Law

This T&Cs shall be governed by, and interpreted and construed in accordance with, the substantive laws of Sri Lanka.




Dispute Resolution

• In the event of any controversy, doubt, difference or dispute arises within the Parties in relation to, in connection with or arising out of this T&Cs (whether in relation to the existence, interpretation or termination of this T&Cs or otherwise) (hereinafter collectively called and referred to as the “Dispute”) duly authorized senior Representatives of the Parties shall meet during a period of Thirty (30) days from receiving written notice of the existence of the dispute, in order to arrive at an amicable resolution of the dispute.