PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND BHUUMI HAVE AGAINST EACH OTHER CAN BE BROUGHT THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST BHUUMI TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
By entering into to this Agreement, and/or by using or accessing the BHUUMI platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 17) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE BHUUMI PLATFORM. If you use the services of BHUUMI or its affiliates in another country, by using the BHUUMI Platform in that country you agree to be subject to BHUUMI’s terms of service for that country.
The BHUUMI Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the BHUUMI Platform. Each person may only create one User account, and BHUUMI reserves the right to shut down any additional accounts. As a User, you authorize BHUUMI to match you with a Driver or Rider based on factors such as your location, the estimated time to pick up, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
In the event BHUUMI modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. BHUUMI reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the BHUUMI Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The BHUUMI Platform may only be used by individuals who can form legally binding contracts under applicable law. The BHUUMI Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
As a Rider, you understand that request or use of the Services may result in charges to you (“Charges”). Charges include fares and other applicable fees, tolls, surcharges, and taxes, plus any tips to the Driver that you elect to pay. BHUUMI has the authority and reserves the right to determine and modify pricing by quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request. You are responsible for reviewing the price quote within the BHUUMI app and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Fares. BHUUMI will quote you a fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the BHUUMI Platform, we may cancel the fare quote and charge you a different final fare based on the time and distance of your ride. BHUUMI does not guarantee that the quoted fare price will be equal to a final fare for the same ride.
Fees and Other Charges.
If you are a Driver, you will receive payment for your provision of Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and BHUUMI. The Driver Addendum is available in the Driver dashboard when you log into your account.
By entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from BHUUMI, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the BHUUMI Platform or Services, updates concerning new and existing features on the BHUUMI Platform, and news concerning BHUUMI and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
You may be able to create or log-in to your BHUUMI User account through online accounts you may have with third party social networking sites (each such account, an "SNS Account"). By connecting to BHUUMI through an SNS Account, you understand that BHUUMI may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the BHUUMI Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.
BHUUMI, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with BHUUMI. BHUUMI reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that BHUUMI determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
As part of your User account, BHUUMI may provide you with or allow you to create a “BHUUMI Code,” a unique alphanumeric code for you to distribute to your friends and family (each a “Referred User”) to become new BHUUMI Riders (“Referred Riders”) or Drivers (“Referred Drivers”) in your country. BHUUMI Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your BHUUMI Code. You are prohibited from advertising BHUUMI Codes in any way, including through any of the following: Google, Facebook, Twitter, Bing and Craigslist. BHUUMI reserves the right to deactivate or invalidate any BHUUMI Code at any time in BHUUMI’s discretion.
From time to time, BHUUMI may offer you with incentives to refer your friends and family to become new Users of the BHUUMI Platform in your country (the “Referral Program”). These incentives may come in the form of BHUUMI Credits, and BHUUMI may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of BHUUMI Codes and participation in the Referral Program is subject to this Agreement and any additional Referral Program Rules that BHUUMI may create.
With respect to your use of the BHUUMI Platform and your participation in the Services, you agree that you will not:
By providing Services as a Driver on the BHUUMI Platform, you represent, warrant, and agree that:
All intellectual property rights in the BHUUMI Platform shall be owned by BHUUMI absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the BHUUMI Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of BHUUMI. BHUUMI shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
BHUUMI and other BHUUMI logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of BHUUMI in the United States and/or other countries (collectively, the “BHUUMI Marks”). If you provide Services as a Driver, BHUUMI grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the BHUUMI Marks solely in connection with providing the Services through the BHUUMI Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without BHUUMI’s prior written permission, which it may withhold in its sole discretion. The BHUUMI Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that BHUUMI is the owner and licensor of the BHUUMI Marks, including all goodwill associated therewith, and that your use of the BHUUMI Marks will confer no additional interest in or ownership of the BHUUMI Marks in you but rather inures to the benefit of BHUUMI. You agree to use the BHUUMI Marks strictly in accordance with BHUUMI’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that BHUUMI determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the BHUUMI Marks or any derivatives of the BHUUMI Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by BHUUMI in writing; (2) use the BHUUMI Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the BHUUMI Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair BHUUMI’s rights as owner of the BHUUMI Marks or the legality and/or enforceability of the BHUUMI Marks, including, challenging or opposing BHUUMI’s ownership in the BHUUMI Marks; (4) apply for trademark registration or renewal of trademark registration of any of the BHUUMI Marks, any derivative of the BHUUMI Marks, any combination of the BHUUMI Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the BHUUMI Marks; (5) use the BHUUMI Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in BHUUMI’s sole discretion. If you create any materials bearing the BHUUMI Marks (in violation of this Agreement or otherwise), you agree that upon their creation BHUUMI exclusively owns all right, title and interest in and to such materials, including any modifications to the BHUUMI Marks or derivative works based on the BHUUMI Marks. You further agree to assign any interest or right you may have in such materials to BHUUMI, and to provide information and execute any documents as reasonably requested by BHUUMI to enable BHUUMI to formalize such assignment.
BHUUMI respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials on the BHUUMI Platform or Services infringe upon your copyrights, please notify BHUUMI immediately.
The following disclaimers are made on behalf of BHUUMI, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
BHUUMI does not provide transportation services, and BHUUMI is not a transportation carrier. BHUUMI is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the BHUUMI Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the BHUUMI Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.
The BHUUMI Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the BHUUMI Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the BHUUMI Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the BHUUMI Platform will be corrected, or that the BHUUMI Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the BHUUMI Platform or Services.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the BHUUMI Platform and Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the BHUUMI Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
BHUUMI is not responsible for the conduct, whether online or offline, of any User of the BHUUMI Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the BHUUMI Platform and participating in the Services, you agree to accept such risks and agree that BHUUMI is not responsible for the acts or omissions of Users on the BHUUMI Platform or participating in the Services.
You are responsible for the use of your User account and BHUUMI expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account, or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the BHUUMI Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the BHUUMI Platform or through the Services. Please carefully select the type of information that you post on the BHUUMI Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning BHUUMI or made available through the BHUUMI Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the BHUUMI Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the BHUUMI Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the BHUUMI Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither BHUUMI, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the BHUUMI Platform. Any of your Information, including geolocational data, you upload, provide, or post on the BHUUMI Platform may be accessible to BHUUMI and certain Users of the BHUUMI Platform.
BHUUMI advises you to use the BHUUMI Platform with a data plan with unlimited or very high data usage limits, and BHUUMI shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the BHUUMI Platform.
This paragraph applies to any version of the BHUUMI Platform that you acquire. This Agreement is entered into between you and BHUUMI. No other company is a party to this Agreement and no other company shall have obligations with respect to the BHUUMI Platform. BHUUMI is solely responsible for the BHUUMI Platform and the content thereof as set forth hereunder.
Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at on our website. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check for updates.
You will defend, indemnify, and hold BHUUMI including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the BHUUMI Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the BHUUMI Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
IN NO EVENT WILL BHUUMI, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “BHUUMI” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE BHUUMI PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE BHUUMI PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE BHUUMI PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT BHUUMI HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to BHUUMI; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, BHUUMI may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below BHUUMI’s quality control or cancellation threshold; (3) BHUUMI has the good faith belief that such action is necessary to protect the safety of the BHUUMI community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to BHUUMI’s reasonable satisfaction prior to BHUUMI permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to BHUUMI’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
(a) Agreement to Binding Arbitration Between You and BHUUMI.
YOU AND BHUUMI MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with BHUUMI ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and BHUUMI, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and BHUUMI’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND BHUUMI. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the BHUUMI Platform, the Services, any other goods or services made available through the BHUUMI Platform, your relationship with BHUUMI, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on BHUUMI’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by BHUUMI, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by BHUUMI and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND BHUUMI ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND BHUUMI MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND BHUUMI BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST BHUUMI, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining claims and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
(c) Representative PAGA Waiver.
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law you and BHUUMI agree not to bring a representative action for any claim on a private attorney general basis, and both you and BHUUMI agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
(d) Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.
As part of the arbitration, both you and BHUUMI will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Riders or Drivers but is bound by rulings in prior arbitrations involving the same Rider or Driver to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
(e) Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:
(f) Location and Manner of Arbitration.
Unless you and BHUUMI agree otherwise, any arbitration hearings between BHUUMI and a Rider will take place solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or video conference, or by an in-person hearing at a location to be determined by BHUUMI.
(g) Exceptions to Arbitration.
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA and (2) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
In addition to the severability provisions in subsections (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.
(i) Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and BHUUMI may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and BHUUMI. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to BHUUMI’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by BHUUMI for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of BHUUMI in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to BHUUMI with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by BHUUMI or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of BHUUMI; becomes known to you, without restriction, from a source other than BHUUMI without breach of this Agreement by you and otherwise not in violation of BHUUMI’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to BHUUMI to enable BHUUMI to seek a protective order or otherwise prevent or restrict such disclosure.
As a Driver on the BHUUMI Platform, you acknowledge and agree that you and BHUUMI are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and BHUUMI expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and BHUUMI; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind BHUUMI, and you undertake not to hold yourself out as an employee, agent or authorized representative of BHUUMI.
BHUUMI does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the BHUUMI Platform. You retain the option to accept or to decline or ignore a Rider’s request for Services via the BHUUMI Platform, or to cancel an accepted request for Services via the BHUUMI Platform, subject to BHUUMI’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, BHUUMI shall have no right to require you to: (a) display BHUUMI’s names, logos or colors on your vehicle(s) other than Sticker for the car and an ID badge for the driver to wear; or (b) wear a uniform or any other clothing displaying BHUUMI’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.
In addition to connecting Riders with Drivers, the BHUUMI Platform may enable Users to provide or receive other goods or services (collectively, the “Other Services”). You understand and that the Other Services are subject to other terms and pricing. If you choose to purchase Other Services through the BHUUMI Platform, you authorize BHUUMI to charge your payment method on file according to the pricing terms set for those services. You agree that BHUUMI may not be responsible and may not be held liable for the Other Services or the actions or omissions of a third- party provider.
Except as provided in Section 17, this Agreement shall be governed by the laws of the State of South Carolina without regard to choice-of-law principles. This choice of law provision is only intended to specify the use of South Carolina law to interpret this Agreement and is not intended to create any other substantive right to non- South Carolinians to assert claims under South Carolina law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by BHUUMI, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to BHUUMI shall be given by certified mail, postage prepaid and return receipt requested to BHUUMI, Inc., 1629 Meeting Street, Suite A, Charleston, South Carolina 29405. Any notices to you shall be provided to you through the BHUUMI Platform or given to you via the email address or physical you provide to BHUUMI during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and BHUUMI with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.