eVegah Mobility Pvt.Ltd Rental Agreement, Waiver of Liability and Release
Effective Date: March 25, 2022.
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES.
In consideration of Your use of any of the eVegah Services (defined below) provided by eVegah Mobility Private Ltd. eVegah, operator of eVegah, eVegah requires that You ("Rider", "You", or "Your") agree to all terms and conditions in this eVegah Agreement, Waiver of Liability, and Release ("Agreement"),as applicable.
The "Services" provided by eVegah are composed of the following including.
1) Our smart Ebikes Share ("eVegah XA, eVegah CHAMP or "eVegah FLY"), (collectively, the "eVegah Vehicles")
2) Our smart Ebikes Share parking locations ("eVegah Station").
3) All other related equipment, personnel, charging stations for electric vehicle batteries, mobile applications, websites, and information provided or made available by eVegah (collectively, the "eVegah Services")
Please CAREFULLY READ all terms and conditions before entering into this Agreement. Here is a list of some of the terms that eVegah wants to bring to your notice in the event you are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them where defined in this Agreement.
On completion of your ride, the eVegah Vehicle must be locked and parked at respective designated eVegah Station. If the vehicle is not locked and parked at eVegah Station, the trip will continue, and you will continue to be charged. eVegah holds the rights to end your ride and charge an incidental charge of up to INR 2000.
For more details, please refer to the term 2.3 below.
On completion of your ride, park the Vehicle at an eVegah designated parking location ("eVegah Station") following all the laws. The vehicle cannot be parked in non-public spot, private property or in an area that is locked.
You must follow all traffic laws, e.g. any cycling lane laws in your city area, electric vehicle regulations in your city area.
If there is a damage or malfunction in the vehicles, you must immediately report it to eVegah via the App Support feature, Helpline no or e-mail - support@eVegah.com
eVegah clearly agrees to let, and the Rider clearly agrees to take on, rental of the eVegah Vehicles subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in Indian Rupees.
1. GENERAL RENTAL AND USE OF eVegah VEHICLES
.1 Rider is Sole User
eVegah and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Vehicle from the Location, the Vehicle must be used only by You. You must not allow others to use a Vehicle that you have activated from the Location.
1.2 Rider must be at least 16 years old
Rider must be at least 16 years of age to ride an eVegah Vehicle If riders do not comply with the rules as mentioned he/she will be levied with incidental charges.
1.3 Rider is an Experienced Vehicle Operator
Rider denotes and certifies that he/she is familiar with the operation of the Electric Vehicle and is reasonably competent and physically fit to ride the Vehicle. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for deciding whether conditions, including storms, rain, or any natural calamities or man-made situations, make it dangerous to operate a Vehicle. You are advised to adjust your riding behavior to suit the weather and traffic conditions.
1.4 Vehicle is the Exclusive Property of eVegah
Rider agrees that the Vehicle and any eVegah equipment attached to the Vehicle, always, remain the exclusive property of eVegah. You must not disassemble, write on, modify, repair, or deface a Vehicle, any part of a Vehicle, or other eVegah equipment in any way. You must not write on, peel, modify or damage any sticker on a Vehicle in any way. You must not use a Vehicle or other eVegah equipment for any advertising or similar commercial purpose.
1.5 Vehicle Operating Hours and Vehicle Availability
Rider agrees and acknowledges that the Vehicles are available 24 hours a day, 7 days/week, 365 days per year, except in the case of events outlined in section 4.6. Vehicles must be rented within the maximum rental time limits set forth below. The number of Vehicles are limited and Vehicle availability is never guaranteed.
1.6 Vehicle May be Used and/or operated only in eVegah Designated Areas and Parking Locations.
Rider agrees to only use, operate and/or ride the Vehicle in eVegah designated regions/areas. Rider agrees to only end, the ride only at eVegah designated parking locations ("eVegah Station").If riders do not comply with the rules as mentioned in the Terms and Conditions below he/she will be penalized.
1.7 Rider Must Follow Laws Regarding Use and/or Operation of Vehicle
Rider agrees to follow all laws relating to the use, riding and/or operation of the Electric Vehicle, including all state and city laws and the rules and regulations pertaining to Electric vehicle in the area where you are operating the Vehicle.
1.8 Prohibited Acts
Rider agrees to the following:
While riding a Vehicle, you must not use any cellular telephone, text messaging device, portable music player, or other device that may distract you from safely riding the Ebike.
You must not ride a Vehicle while carrying any briefcase or other items if it hinders your ability to operate the Vehicle safely.
You must not use a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may harm your ability to operate a Vehicle safely.
You must not handle any illegal items banned by the state and city laws and the rules.
You must only use locking mechanisms provided by eVegah. You must not add another lock to the Vehicle or lock a Vehicle to anything.
The Vehicle must be parked at eVegah designated parking location ("eVegah Station") to end the ride, i.e. the Vehicle cannot be parked/left on private property or in a locked area or in any other non-public space.
You must not carry a second person or child on a Vehicle.
You must not place heavy objects (more than 5 Kilograms) on the front basket of EBike.
1.9 Vehicle is intended for Only Limited Types of Use
Rider agrees that he/she will not use the Vehicle for racing, stunt, or trick riding. Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal and/or a nuisance to others. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance, or regulation.
1.10 Weight and Cargo Limits
Following are the weight and cargo limits for eVegah Vehicles
1) You must not exceed the maximum weight limit for the EBike (120 Kilograms) or the cargo carrier/basket on the Bike (5 Kilograms). Rider accepts that the front carrier/basket and back basket of the Bike is intended for light goods only, and that he/she will not carry people or animals anywhere on the EBike.
2) You must not exceed the maximum weight limit for the Electric Vehicle (120 Kilograms)
1.11 No Tampering
You must not tamper with, attempt to gain unauthorized access using, or otherwise use eVegah system or other eVegah equipment other than for purposes of using a Vehicle pursuant to this Agreement.
1.12 Reporting of Damage or Crashes
Rider must report any accident, crash, damage, and personal injury, stolen or lost Vehicle, to eVegah as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, Rider shall file a report with the local police department within 24 hours. Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, attorney's fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle.
1.13 Rider Responsibility for Vehicle Use and Damage
Rider agrees to return the Vehicle to eVegah in the same condition in which it was rented. Rider will not be responsible for normal wear and tear.
1.14 Electric Bike
The Electric Vehicle requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Electric vehicle safely and prudently, considering the vehicle being an electric powered and all of the limitations and requirements associated therewith.The maximum speed limit of the vehicle is 25 km/hr. and wearing a helmet during the ride is not mandatory. RTO registration tag is also not required for the vehicle.
Rider understands and agrees with each of the following:
The level of charge power remaining in the electric scooter will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety). The level of charging power in the Vehicle at the time Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use. The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors. It is Rider's responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle. The distance and/or time that Rider may operate the Vehicle, before it loses charging power is never guaranteed. The Vehicle may run out of charging power and cease to operate at any time during Rider's rental of the Vehicle, including before reaching Rider's desired destination.
1.15 Charging of Electric bike
If the Electric Bike runs out of charging power during a rental, Rider shall conclude the ride in compliance with all terms of this Agreement. Rider must immediately report about this to eVegah via the App Support feature or Help line or e-mail - support@eVegah.com
2. PAYMENT AND FEES
Rider may use the Vehicle on a pay per ride basis or as otherwise in accordance with the saver plans described in the App. In each case, fees and other charges may be subject to applicable taxes and other local Government charges, which may be charged and collected by eVegah. eVegah will charge the Rider’s wallet or other agreed payment methods the amount of the fees as described in this Agreement.
2.2 Promo Codes
Promo codes (discounts) are one-time offers and can only be redeemed via eVegah App. Only one promo code will be applied to a single ride. eVegah reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
2.3 Maximum Rental Time
Maximum rental time is 24 hours. Rider agrees that Rider will deactivate the Vehicle rental within 24 hours of time that rental of the Vehicle began. The rider may then rent again. Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking of the bike. The rider will be charged as per the maximum rate of the tariff card. Vehicle not returned at the eVegah designated parking locations ("eVegah Zone") would attract incidental fee of up to INR 2,000. If a Vehicle is lost or stolen during rental, Rider security deposit will be taken, and a police report may be filed within 24 hrs.
2.4 Security Deposit and eVegah Money account balance
Rider shall deposit amount for security deposit as mentioned in tariff card in the App and amount on top of security deposit (“added balance”) will be available to be applied for electric vehicle ride charges using payment options provided on eVegah app before using the services. Rider authorizes eVegah to deduct electric vehicle ride charges, any incidental charges, and taxes. For Pedal cycle charges, rider will use refund vouchers issued against such amount. Rider can dispute any charges by presenting all necessary information within 10 days from end of the month in which such amount was charged. Security Deposit is refundable after adjusting with the negative balance. No cash refund will be provided for added balance/ eCash/Active Saver Packs or any other promotional balance. Rider can be issued refund vouchers, which can be only applied against other eVegah services.
2.5 Pick-up Fees
If You are unable to return a Vehicle to a eVegah Zone designated parking location, and request that the Vehicle be picked up by eVegah staff, eVegah, at its sole discretion, may choose to charge You a pick-up fee up to a maximum of INR 1,000. If any Vehicle accessed under Your account is abandoned without notice, you will be responsible for all ride charges until the Vehicle is recovered and deactivated, plus a service charge (currently maximum of INR 1,000) to recover the Vehicle. Fees are subject to change.
3. RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK
"Claims" means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, charges, incidental charges, contracts, promises, costs, expenses (including attorneys' fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the Vehicles, equipment or related information, or (b) Rider's use of any of the foregoing. "Released Persons" means, collectively eVegah and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, and (ii) every sponsor of any of the Services and all of the sponsor's owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns. In exchange for Rider being allowed to use any of the Services, Vehicles, and other equipment or related information provided by eVegah, Rider (acting for Rider and for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) do hereby fully and forever release and discharge all Released Persons for all Claims that Rider has or may have against any Released Person, except for Claims caused by the Released Person's gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. Rider expressly agrees to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of eVegah and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using and/or operating the Bike.
You do hereby acknowledge and agree that your use of any of the services, eVegah, or related equipment is at your sole risk.
To the fullest extent permitted by law, and with respect to your use of any of the services, eVegah, or related equipment, eVegah and all other released persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose.
All of the services, eVegah, and related equipment are provided "as is" and "as available" (and you rely on them solely at your own risk).
eVegah and all other released persons do not represent or warrant that any of the services, eVegah, or related equipment will be in good repair or error-free, and delays, omissions, interruptions, or inaccuracies could exist with respect to any of the services, eVegah, or related equipment.
3.3 Limited Liability
Rider does hereby acknowledge and agree that, except as may otherwise be limited by law, eVegah and all other released persons are not responsible or liable for any claim, including those that arise out of or relate to (a) any risk, danger, or hazard described in this agreement, (b) rider's use of, or inability to use, any of the services, bikes, or related information, (c) rider's breach of this agreement or rider's violation of any law, (d) any negligence, misconduct, or other action or inaction by rider,(e) rider's failure to wear a helmet while using a vehicle, or (f) any negligence, misconduct, or other action or inaction of any third party.
Rider does hereby waive all claims with respect to any of the foregoing, including those based in contract, tort (including negligence), statutory, or other grounds, even if eVegah or any of the other released persons has been advised of the possibility of such claims.
The total liability of eVegah and all other released persons for all claims, including those based in contract, tort (including negligence), statute, or other grounds, is limited to the sum of INR 10,000.
Some jurisdictions do not allow for limited liability or exclusion of implied warranties; and, if any of those laws apply to rider, then some or all of the above disclaimers, exclusions, or limitations might not apply to rider, and rider might have additional rights.
eVegah cleans and sanitizes its vehicles at a regular frequency. Sanitization is done using a who certified solvent. However, in the unfortunate circumstance if a commuter contracts an illness, eVegah cannot be held liable.
3.4 Assumption of Risk by Rider
Rider is solely and fully responsible for the safe operation of the Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained, and that such malfunction may cause injury. Rider agrees that riding a Vehicle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Rider or others, as well as damage to property, and that such risk, dangers, and hazards cannot always be predicted or avoided. Rider agrees that such risks, dangers, and hazards are Rider's sole responsibility, including, but not limited to, choosing whether to wear a helmet or utilize other protective gear. Rider agrees that if Rider's use of any of the Services causes any injury or damage to another person or property, then Rider may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Bike, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that eVegah and all other Released Persons are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Bike itself.
You will indemnify and hold the Released Persons harmless from all losses, suits, claims or other proceedings arising out of or relating to Your use of Vehicles and any breach of the terms of this Agreement; provided, however, that Released Persons must notify You as soon as practicable after the date notice of such loss, suit, claim or other proceeding is served on Released Persons directly (as opposed to service on a statutory agent for service of process) or otherwise brought to the attention of Released Persons.
4.1 Safety Check
eVegah will have the following safety equipment on the Vehicles
Left-hand rear brake and right-hand front break
Smart EBike ("eVegah")
1) A front red reflector on handle in front, and a rear red reflector
2) Reflectors on front and rear wheels of each bike
3) Bike Number on the bike frame beneath the saddle
4) Bike Lock with QR code
5) Horn/Bell at right handle to alert any people in the path
1) Head light in the front
5) Digital battery meter
Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the vehicle, which includes inspecting the following: (i) wheels (ii) safe operation of all brakes (iii) proper attachment of the saddle, and battery level (only for electric bike); (iv) good condition of the handle and bell; and (v) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer support using eVegah App or sending an email at support@eVegah.com
4.2 Lost or Stolen Vehicle
If a vehicle is not returned within 48 consecutive hours, then the vehicle is deemed lost or stolen and a police report will be filed with local authorities. The data generated by the servers will be treated as the conclusive evidence of the period of the usage of the vehicle by a rider. If a vehicle has disappeared or stolen, the rider must immediately report to eVegah.
4.3 Rider Safety
eVegah recommends that all Riders wear a helmet that has been properly sized, fitted and fastened according to the manufacturer's instructions. Rider agrees that none of eVegah and its Released Parties are liable for any injury suffered by Rider while using the Service, whether or not Rider is wearing a helmet at the time of injury. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.
Vehicles shall have the following safety precautions as a minimum:
Bell to alert any person or vehicles in the path
Hand operated brakes, one each for the front and rear wheels
A red rear reflector.
A front headlight in Ebike.
Remote tracking of vehicle using built-in GPS system
4.4 Vehicle Routes
Rider agrees that eVegah does not provide or maintain places to ride Vehicles, and that eVegah does not guarantee that there will always be a safe place to ride a Vehicle. Roads, EBike lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards.
4.5 Limitations on Vehicle Rental
Rider agrees that eVegah is not a common carrier. Alternative means of public and private transportation are available to the public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. eVegah provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.
4.6 Limitations on Availability of Service
eVegah makes every effort to provide the Service 24x7 but does not guarantee that the Service will be always available, as force major events or other circumstances might prevent eVegah from providing the Service. Access to the Service is also conditioned on the availability of Vehicles. eVegah does not represent or warrant the availability of any Service or the availability of any Vehicle at any time. Rider agrees that eVegah may require Rider to return a Vehicle at any time.
5. TERM AND TERMINATION
The term of this Agreement begins when Rider first uses the eVegah Service, and the term ends 20 years after Rider's last use of the Service; provided, however, that Rider's personal financial responsibility under this Agreement expire one year after the Rider's last use of the Service.
5.2 Termination by eVegah
At any time and from time to time, and without Rider's consent, eVegah may unilaterally terminate Rider's right to use the Service, in eVegah's sole discretion and without any notice or cause. Rider may terminate Rider's use of the Service at any time; provided, however, that (i) no refund will be provided by eVegah, (ii) the term of this Agreement continues in accordance with this Agreement, (iii) Rider may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider's right to use any of the Service, regardless of how the Agreement is terminated.
6. LICENSE TO IMAGE AND LIKENESS
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to eVegah and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to eVegah and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as eVegah may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.
7. Confidentiality of Information
eVegah may be contacted by emailing support@eVegah.com
9. Choice of Law & Dispute Resolution
This Agreement is governed by, and must be construed and enforced in accordance with, the laws of India, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the India and agrees that those courts have personal jurisdiction over each party; and (iii) the parties must submit the dispute to mandatory mediation to the concerned "Authority" who will assign mediator to conduct the mediation process. The parties agree that any dispute will be first subject to mediation. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.
10. Waiver and Severability
No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
11. Cumulative Remedies
All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
12. Final Agreement & Modification by eVegah
This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement succeeds all other prior agreements, written or oral, relating to such subject matter. eVegah may amend, modify, or change this Agreement at its discretion and without any notice or cause, at any time, periodically, without Rider's consent. By continuing to use any Service after any amendment, modification, or change, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, eVegah will post a notification on the Website. The pricing set forth on the Website supersedes all pricing set forth in this Agreement.
13. Contract Interpretation
The headings in this Agreement do not affect the interpretation of this Agreement. "Or" is not exclusive in its meaning. "Including" means "including, but not limited to." Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
RIDER ACCEPTANCE OF AGREEMENT
I certify that I am the Rider, I am 16 years old or above, and I have read and expressly agree to the terms and conditions set forth in this Agreement.
I certify that I am the Parent and/or Legal Guardian of the Rider, who is at least 13 years old, and I am 16 years old or above. I have read, and I expressly agree to, the terms and conditions set forth in this Agreement and authorize use of the Service by the minor Rider.
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