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1.1 This Member Agreement is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder as amended from time to time. This Member Agreement is an electronic contract and does not require any physical, electronic or digital signature.
1.2 This Member Agreement located at the website www.eBikeGo.in is a legally binding agreement between Think eBikeGo Private Limited, having our registered office at No eBikeGo, #267, 100 Feet Rd, East Mohan Nagar, Amritsar, Punjab 143001 (“EBikeGo” / the “Company” or “we” or “us” or “our”) and the guest users or registered users of the Platform (shall hereinafter be referred to as “Member” or “you” or “your” or “yourself” or the “User”).
1.3 The Member Agreement provides the terms and conditions on which EBikeGo offers you access to the Platform for use, purchase of any product or services therein, and such other services as are incidental and ancillary thereto (“Services”).
1.5 Please read the terms and conditions of the Member Agreement fully before using or registering on the Platform or accessing any material, information or availing Services through the Platform. By downloading, installing, or otherwise accessing or using our Platform or Services (whether in whole or in part), you agree that you have read, understood, and agree to be bound by the Member Agreement. By agreeing to the Member Agreement, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our Services.
1.6 Upon your consenting to the Member Agreement and the Policies of the Company (which are incorporated by reference into this Member Agreement), the Company hereby grants you a limited, personal, revocable, non-assignable, and non-exclusive license to use our Services. This license is for the sole purpose of enabling you to use the Services in the manner expressly permitted by this Member Agreement and the Policies.
1.7 If you do not agree with the Member Agreement or any other policies, please do not use the Platform or avail any Services being offered therein. eBikeGo reserves the right to change the terms and conditions of this Member Agreement or other policies from time to time and shall give notice of such changes to the Members in a timely manner. Notice to the Members shall be considered given when such notice is indicated and accessible from the first page accessed after the Member accesses the Platform or by email to the Member’s email address provided to eBikeGo in the Member’s account creation or most recently provided to EBikeGo, or by SMS to the Member’s mobile number or mobile notification on the mobile application provided during the account creation. Member agrees that the amended terms and conditions of this Member Agreement shall be effective and binding on the earlier of (1) the effective date indicated in such notice; or (2) on the date posted on the Platform.
1.8 It will be presumed that Member has received any such notice if and when the Member makes a reservation for a eBikeGo vehicle after notice of a change to this Member Agreement has been placed on the Platform and/or distributed to the Member by email or SMS. By making a reservation after receiving notice of any changes to the Member Agreement, the Member assents to and will be bound by such changes to the Member Agreement. Member may decline such changes by discontinuing trips under the Member Agreement.
1.9 In the event of any conflict between this Member Agreement and any other document with respect to the Company’s other programs, the Member Agreement shall override any such document except otherwise set forth from the Company in writing.
Access to the Services
2.1 It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet, or other mobile devices) meets all the necessary technical specifications and is compatible with our Services to enable your access and use of the Services.
2.2 You must ensure that the details provided by you are accurate and treat such information as confidential. Based on the information provided by you to us, you may be provided with a login identification (such as a username and password or any other identifier). You are solely responsible for all activities that occur under your login identification and must notify us immediately of any unauthorized use or other security breach relating to your login identification.
2.3 We reserve the right to block, disable or delete any login identification, at any time, if in our opinion, you have failed to comply with any of the provisions of the Member Agreement or any other policies, or if any details you provide for the purposes of registering as a user of the Services prove to be false or a misrepresentation.
2.6 The operation of our Services includes periodic delivery to you of offers, coupons or other information that may be of interest to you based on your stated preferences or your location.
Persons Permitted to Drive Vehicles
3.1 Only active Members in good standing, as decided solely by eBikeGo, shall be allowed to drive eBikeGo vehicles. Non-members are expressly prohibited from riding a eBikeGo vehicle at any time.
3.2 Members holding an effective and valid driving license, as reviewed and approved by eBikeGo, may drive a eBikeGo vehicle that has been reserved by another eBikeGo Member with the permission of the Member having undertaken the reservation of such vehicle; however, all fees and charges shall be determined in accordance with, and be the responsibility of, the reserving Member while any liability and/or claim arising out of such usage shall be that of all such participant Members. Members can however drive eBikeGo low-speed scooters without a driving licensee according to the ICMVR rules and the member should be a minimum of 16 years’ age while using the service by eBikeGo.
3.3 Notwithstanding, anything contrary contained in this Member Agreement, the Member booking the ride must ensure that any other person having a valid and effective driving license drives eBikeGo vehicle only with the prior written consent of eBikeGo, failing which the Member originally booking the vehicle shall be solely liable to indemnify eBikeGo without any limitation for any loss suffered by eBikeGo arising from, incidental to or related with such unauthorized usage of the vehicle.
3.4 Satisfying the eligibility criteria required to become a eBikeGo Member does not automatically render an applicant the right to become a eBikeGo Member. Acceptance of the applicant’s membership is subject to approval by eBikeGo at its sole discretion.
3.5 Should any Member’s driving license expire or be revoked, authorization to drive EBikeGo vehicles shall expire immediately, eBikeGo shall be notified immediately or not later than 3 (three) working days of such expiry or revocation by the Member by email forthwith upon such expiry or revocation.
3.6 By applying for membership, each applicant authorizes eBikeGo and eBikeGo reserves the right at its sole discretion to obtain his/her driving records from the jurisdiction in which the applicant is licensed. Because riding a eBikeGo vehicle requires maintaining a good driving record, eBikeGo may periodically check Member’s driving records and reserves the right, at its sole discretion, to suspend or terminate the Membership of any Member, who does not meet eBikeGo’s driving eligibility requirements. Member agrees to promptly report to eBikeGo any suspension or revocation of his/her driving license, or any tickets/citations/conviction related to any traffic violation including but not limited to riding without a helmet, riding under the influence of drugs or alcohol, riding while intoxicated, reckless driving, exceeding the speed limit, jumping the traffic signal or sending an SMS/talking on the phone while riding. EBikeGo can suspend or terminate the membership of a Member or stop the provision of the Services if EBikeGo becomes aware of any pending criminal charges or allegations of commission of offenses by a Member.
3.7 Member is responsible for providing and maintaining current email, cell phone, residential address (current/temporary and permanent), and other account information with EBikeGo. Member further warrants that information provided to EBikeGo shall be absolutely correct and is bound to inform to EBikeGo promptly, if any change occurs in the information provided earlier including but not limited to cell phone number, residential address, etc.
3.8 Member is responsible for keeping any EBikeGo related password and/or PIN numbers in strict confidence and to not make passwords or PINs available to third-parties, should a PIN or password be reduced to written or electronic form, the Member will be responsible for any associated costs and/or damages in connection with unauthorized use of the Member’s account by third-parties. If a Member has reason to believe a third-party may have obtained unauthorized knowledge of a password and/or PIN, Member agrees to change the compromised password and/or PIN instantly and simultaneously notify the Company of such unauthorized use.
4.1 EBikeGo is strictly meant for personal use by Members. The use of a EBikeGo vehicle under the following conditions is prohibited: for any speed race, rallies or competition; for the purpose of towing, pushing, or propelling any trailer or any other vehicle, whether or not such vehicle belongs to EBikeGo; for the primary business purpose of transporting people or operating a taxi or any other delivery services; by any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended. A zero-tolerance policy is adopted and a limit of 0.0% ABV applies;in the carrying out of any crime or any other illegal activity;to undertake any political rallies, protests and such other activities in furtherance of a political agenda or campaigns, rallies or protests of any nature;indulging in any imprudent, negligent, or abusive manner or for any abnormal use of the vehicle;by any person who has provided EBikeGo with false information or whose representations are determined to be false (including, without limitation, regarding his name, age, or address);for riding a EBikeGo vehicle outside of India or any prohibited areas within India;for riding while using a mobile phone or any other mobile communication device in any manner whatsoever, including while sending an SMS, emailing, using a cell phone with or without a hands-free device, otherwise using a mobile communication device that may distract you from riding or otherwise engaging in similar activities that may be prohibited by applicable laws;for using EBikeGo vehicle to transport flammable, poisonous, or otherwise hazardous substances for other than legally permissible household use or in amounts greater than what is usually consumed in a household;for transporting objects with EBikeGo vehicle that could – due to their size, shape, or weight adversely impact the vehicle’s handling safety or that could damage the interior of EBikeGo vehicle or, by virtue of such object(s) protruding outside, affect the safety of vehicles driving in the vicinity of EBikeGo vehicle; and for transporting more passengers than the prescribed seating capacity of the vehicle by manufacturer of the vehicle.
4.2 The foregoing examples are not intended to be an exhaustive list. Any unreasonable, unwarranted, illegal, unethical or inappropriate use of a EBikeGo vehicle except the personal use for travel, as determined by EBikeGo in its sole discretion, may be deemed a violation of these terms and conditions. EBikeGo may report to the authorities any use of a EBikeGo vehicle or other activities that are in violation of local, state, or national law or in violation of these terms and conditions.
4.3 EBikeGo vehicles cannot be used or ridden outside the city/ jurisdiction limits for which use of the vehicle has been chosen by the member. For instance, any EBikeGo vehicle booked by a member in Amritsar cannot be used or ridden outside Amritsar city limits, or any EBikeGo vehicle booked by a member in Delhi cannot be used or ridden outside Delhi city limits. In this regard, the Member shall exercise due knowledge, caution, and restraint in ensuring that the vehicles are used strictly within the city/ jurisdiction limits selected by the Member.
4.4 EBikeGo may immediately suspend or terminate the use of its Services by any Member for violation of any of the terms and conditions of the Member Agreement or any of the Policies. Upon suspension or termination, any existing reservations of the Member may be canceled by EBikeGo at its sole discretion. In addition, the Member will be absolutely responsible for any and all, losses, damages (direct/ indirect), costs, charges, fees and expenses incurred by EBikeGo, as a result of such breach of any of the terms and conditions of the Member Agreement and the Member shall be required to fully indemnify EBikeGo. Further, the Member unconditionally and irrevocably agrees that EBikeGo reserves the right to pursue remedial action to recover the losses/ damage suffered by EBikeGo from the Member/ Member’s properties, including but not limited to his/her legal heirs/representative’s properties. EBikeGo acknowledges and agrees that the remedial action pursued shall not constitute any amount of force or coercion.
4.5 Please be informed that EBikeGo may track usage of the vehicle by the customer via GPS devices installed on the vehicles, and further that the vehicles may be equipped with immobilizer systems for safety and security purposes. If any EBikeGo vehicle is being subject to unauthorized access or is being subject to any of the restricted or prohibited conditions mentioned here, then EBikeGo reserves the right to remotely activate the immobilizer system on the vehicle, and immobilize the vehicle that in the reasonable view of EBikeGo is being subject to unauthorized access or any of the restricted or prohibited conditions mentioned here. The view and decision of EBikeGo shall be final, and EBikeGo reserves the right to undertake such measures based on its reasonable view and judgment in such matters, without prejudice to other rights of EBikeGo against the Member (including those enumerated in Clause 4.4 above). The costs and expenses involved in the losses/ damage suffered by EBikeGo on account of immobilizing the vehicle as well as towing/ restoring the vehicle as well as any related costs and expenses shall be sole to the account of the Member, and the Member shall be required to fully indemnify EBikeGo on this account.
4.6 EBikeGo expressly asserts that its Services are not solicited nor intend to be solicited to people under the age of 16.fake replica rolex watches china replica rolex
Reserving EBikeGo Vehicles
5.1 Reservation is required for all potential bookings. Member must always reserve a vehicle in advance of use and will be billed a subscription fee at the time of reservation as provided in the Platform. Member is required to fulfill the below-mentioned conditions at the time of taking the possession of the Vehicle for scheduled ride/trip:
Member must carry his/her original driving license, which is being shared with EBikeGo at the time of opening of account/booking of the ride with EBikeGo. Member must show the same to the representative of EBikeGo available at the location, where the possession of the Vehicle is supposed to be taken by the Member; Member must carry and support EBikeGo in capturing the image of any one out of following documents in original, as an additional document to be placed on records of EBikeGo to justify his/her identity:
EPIC (Electoral Photo Identity Card), commonly known as Voter ID; or Valid Passport; or Aadhaar card from Unique Identification Authority of India; or Government Department (Including Public Sector Undertakings) Identity card; or Identity Card of Tier 1/2 universities, colleges, educational institutions, which contains both photo and address. Member must cooperate with the representative of EBikeGo in taking a photo of the vehicle along with Member, which is meant for the safety of the Member and for record purposes of EBikeGo; and Member shall be held solely responsible if any of the above conditions are not being completed successfully at the time when possession of the vehicle was supposed to be taken by the Member and EBikeGo reserves the right not to handover the possession of the vehicle. Consequently, the booking will stand completed without any further onus of EBikeGo to refund or return the booking amount.
5.2 If you wish to cancel a reservation or shorten the period for which a vehicle has been reserved, you must do so in advance, in pursuance of the Fee Policy.
5.3 If you wish to extend a reservation, you may do so only if the following conditions are fulfilled:
The online payment for the extension has been made and successfully received by EBikeGo.
The vehicle is available for use for the extension period (for example, it is not reserved by another Member); and the request to extend is completed prior to the scheduled expiration time of your existing reservation.
In case, any of the above conditions are missing after the expiry of the booking (initial or immediate prior) then you will be deemed to possess the vehicle without authorization and must hand over the vehicle to EBikeGo’s parking or its representative without fail/ delay. A delay beyond one hour from the expected handover time of vehicle or after the expiry of booking as the case may be will render you guilty of breach of trust and Your involvement in the theft of such vehicle shall be presumed without any doubt.
5.4 In the event your reservation is not extended successfully (even if you have put in a request for extending the reservation but which has not been confirmed or has been denied by EBikeGo for any reason) and you do not return the vehicle to the correct and designated EBikeGo space by the end time of your reservation, EBikeGo reserves the right to initiate the civil and/ or criminal proceedings against you and simultaneously will make all reasonable efforts to take possession of the vehicle from you immediately or any time thereafter, and at any location.
5.5 For the avoidance of any doubt: You will be charged a late fee, inconvenience fee and any other charges applicable as per our Fee Policy from the scheduled end time of your booking till the time the vehicle is actually recovered by EBikeGo; You will be charged any additional costs viz; legal attorney fees, consultants fees, travel costs, etc. incurred by EBikeGo in taking possession of the vehicle from you; and You will not be provided any compensation or alternate means of transportation in such case and will not have the right to ride in EBikeGo vehicle anymore. You shall hold EBikeGo, its officers, employees, agents, and affiliates harmless against any claim in connection with the vehicle and/or its re-possession and shall irrevocably and unconditionally indemnify EBikeGo against any cost, loss or liability suffered by EBikeGo arising out of or in connection with any claim made by a third party against EBikeGo in relation to the vehicle and/or its re-possession.
Vehicle Pick-Up and Return/Vehicle Condition/Stolen Vehicles
6.1 You must pick up the selected vehicle at its designated EBikeGo warehouse and return it secured, clean, and in good working order, to the same EBikeGo warehouse by no later than the end time of your reservation.
6.2 Prior to taking possession of a vehicle, you must do an exterior walk-around and an interior look-over. Before riding the vehicle, you must advise EBikeGo of any damage or abnormality encountered on the vehicle or in the operation of the vehicle. If EBikeGo is not notified of a problem at the start of a reservation, you will be deemed to be responsible for any problem with the vehicle discovered or reported after your reservation, including, without limitation, damage to the vehicle or lack of cleanliness. You may be charged a damage fee, a cleaning fee, or other applicable fees, and EBikeGo may suspend, or may even terminate your membership in lieu of such damages.
6.3 You must leave all the original documents including but not limited to registration certificate, insurance policy, tax payment challans, self-drive licenses, pollution clearance certificates, vehicle’s key, key fob, or other starting devices to the vehicle in its designated position in the vehicle at the conclusion of your reservation. You must advise EBikeGo immediately if you fail to leave the original documents mentioned hereinabove, key/ fob/ starting device, parking pass, or toll payment pass (if applicable in the vehicle.) and this causes inconvenience to EBikeGo or another Member, you will be charged the hourly rate for the vehicle until the, original documents, key/key fob/starting device/parking pass/toll payment pass is returned safely to EBikeGo and you will remain responsible for the payment of charges against the usage of the vehicle during such period. You may also be charged a fee at EBikeGo’s sole discretion to replace any of the items missing from the vehicle.
6.4 The end of the trip is being confirmed by either: (a) an SMS message to EBikeGo provided number to notify of such intent; or (b) by unwarranted breakdown/accident of the vehicle.
6.5 Reserving Member is responsible for all charges and costs incurred related to EBikeGo vehicle for the entire period of the reservation and until the vehicle is returned, secured, closed, locked and serviceable (all accessories off, key out of the ignition and in the proper place, toll payment pass and parking pass and other accessories in the vehicle) to its designated location. EBikeGo vehicles must be returned no later than the end time of the reservation and the Member scheduled trip/ride comes to an end automatically and will be governed as per the provisions of Clause 6.3 above if the extension is sought.
6.6 Member is required to report to EBikeGo immediately any condition that impairs the driving functionality of the vehicle, such as poor driving feel or external or internal damage that renders the vehicle unsafe, including but not limited to, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors.
6.7 Notwithstanding anything contrary contained under this Member Agreement, any damage caused to vehicle/EBikeGo because of your willful misconduct or gross negligence, during such time when the vehicle is not in motion, will attract charges/ fees as per the sole discretion of EBikeGo, in addition to the right of EBikeGo to claim full indemnity of all damages, claims, costs, and expenses from the Member.
6.8 Stolen vehicles or any accidental incidents must be immediately reported to EBikeGo and the nearest police station with a detailed written complaint based on actual facts. Member shall ensure that such complaint shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claims by EBikeGo. The Member will be solely liable without any demur, for any loss due to a discrepant, inconsistent or distorted complaint or information by the Member. Further, the Member expressly agrees and accepts that EBikeGo shall not in any manner be held liable for any such stolen vehicles or accidental incidents.
6.9 In the event that EBikeGo is unable to claim insurance for any reason, then the Member shall indemnify EBikeGo to the fullest extent in lieu of the loss or/and damage resulting directly or indirectly from such theft or accident.
6.10 You acknowledge and agree that riding a EBikeGo vehicle involves an inherent risk of personal injury and you undertake and assume this risk in entirety for yourself, any person riding with you as a pillion (whether or not such pillion is a Member) and any participant Member who may be riding the EBikeGo vehicle reserved by you in accordance with Section 3 of this Member Agreement.
6.11 You hereby agree hereby to release and discharge EBikeGo in perpetuity from and of any and all claims, demands, rights and causes of action of whatever kind or nature, arising from and by reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries (including without limitation to fatal injuries) and the consequences thereof, whether or not caused or contributed to in whole or in part by a defect in the vehicle or in any way connected with the vehicle.
6.12 EBikeGo expressly asserts that the liability of EBikeGo towards third-party claims arising out of, related with or incidental to this Agreement, shall be limited and subject to Section 13 of this Agreement.
6.13 Members expressly agrees and accepts that EBikeGo, shall not be held liable for any direct and indirect losses or/and damages which may arise from, be related with or incidental to the following without limitation: breach of the terms and conditions of the Member Agreement by the Member; breach of any applicable laws by the Member; the Member undertaking any activity specifically prohibited under Section 4 of the Member Agreement theft of the vehicle; accidents caused by the Member; and unauthorized use of the vehicle by the Member or use for any prohibited or restricted activities by the Member.
7.1 Member is responsible for:
Complying with all applicable speed limits and child restraint laws. It is being made crystal clear that Members must abide with the maximum speed/ weight limit and any other instructions being displayed/ communicated by the authorities through marks or sign boards in various locations of the trip;
Protecting all children by properly using any child passenger restraint system that complies with all safety standards applicable in the jurisdiction where the trip is initiated and where EBikeGo vehicle is driven during such a trip.
In case of the vehicle being a scooter or motorbike, we provide 1 helmet for your convenience but we strongly recommend that you carry your own helmets.
7.2 EBikeGo tracks usage of the vehicle by the customer via Global Positioning System devices and also equips the vehicles with immobilizer systems which can be activated remotely. You agree and accept that such tracking and systems are only a necessary and reasonable measure undertaken by EBikeGo in pursuance of the safety of its Members and its vehicles, and does not constitute an infringement on any of your rights including without limitation your right to privacy, data protection, movement, etc.
Securing EBikeGo Vehicles
8.1 Each time Member parks a EBikeGo vehicle (either at the end of the reservation or during the reservation period), the Member is responsible for securing the vehicle from external factors including human or general known adverse weather conditions.
8.2 EBikeGo prescribes all its Members to take full responsibility of their belongings. In case any Member claims to have left back any luggage or any phones or personal music devices inadvertently in a EBikeGo vehicle after the Member completes his/her reservation, then EBikeGo shall endeavor to locate the lost belongings on a “best-effort” basis provided the Member notifies EBikeGo of the same within 90 (ninety) minutes of the successful return of such vehicle post-completion/termination of the reservation, but EBikeGo shall not be held responsible for any loss or damage incurred by the Member in any such circumstances.
Fees And Eligible (Reimbursable) Expenses
9.1 The Services are subject to EBikeGo’s Fees Policy available on the Platform. It entails the scenarios which cover all the fees including but not limited to rentals, excess kilometer riding charges, late fees, late charges, extensions fees, penalties or fines if any, etc.
9.2 An “Eligible Expense” is defined as;
an expense incurred by the Member for minor (under INR 1000 i.e. Indian Rupees One Thousand Only) routine maintenance on EBikeGo vehicles, such as tyre puncture in case of a bike, etc. or
any expense in excess of INR 1000 (Indian Rupees One Thousand Only) that is authorized in advance of reservation by a EBikeGo representative, via email.
9.3 If a Member pays for an eligible expense, he or she must keep the invoice which conspicuously captures the date and time showing that it was incurred during the reservation period.
9.4 The Member must print his or her name on the receipt and give a physical original hard copy of the receipt to a EBikeGo vehicle attendant after his/her reservation.
9.5 EBikeGo will reimburse the Member or credit the Member’s account, post the verification of claim and corresponding invoices. No reimbursement or credit will be given without an invoice, or if the invoice is submitted later than 3 (three) days from the reservation date.
10.1 EBikeGo will perform all necessary and required routine maintenance of all its vehicles. However, Member is responsible for the cleanliness of the vehicle and is expected to assist in helping EBikeGo to maintain the riding safety and performance of the vehicle, in particular during longer reservations or when the vehicle indicates that service or maintenance is required.
10.2 Vehicle may require Roadside Assistance from time to time. EBikeGo makes reasonable best efforts to provide roadside assistance support in all cases. If, however, a Member’s need for roadside assistance results from a breach of these terms and conditions, then the Member may be charged for the full costs of the roadside assistance incurred including without limitation in costs incurred in furtherance of towing, repair and maintenance.
10.3 Use of tobacco, cigarettes, cigars, and alcohol is absolutely prohibited inside EBikeGo vehicles. Member is subject to additional fine if evidence of smoking, chewing, drinking or dipping is found while driving EBikeGo vehicles.
10.4 Burning any substance is absolutely prohibited in or on EBikeGo vehicles. This includes, but is not limited to tobacco, other drugs, and incense.
10.5 Pets are absolutely prohibited in or on EBikeGo vehicles. Member is subject to additional fees, if evidence of pets is found to the satisfaction of EBikeGo in EBikeGo vehicles or complained of by a Member using the vehicle immediately following the Member’s reservation.
Breakdown or Incidents
11.1 All breakdowns or incidents involving EBikeGo vehicles must be reported to EBikeGo immediately by phone at 9015555533 and via email on [email protected]
11.2 Breakdown and Roadside Assistance. While using a vehicle, you must follow the owner’s manual instructions, provided in the vehicle. If a problem arises that prevents or limits the use of the vehicle or that may compromise people’s safety, Member must immediately notify EBikeGo on the above- mentioned phone number/email id and follow EBikeGo’s instructions. Member may have to pay for towing, repairs, and other expenses in some circumstances as described in detailed under Section 9 hereinabove.
11.3 If you perform a jump start to EBikeGo vehicle, you must inform EBikeGo immediately by phone. You are fully responsible for any damage that may result from the improper use of cables or other tools. It is strictly forbidden to provide a jump start to any vehicle other than a EBikeGo vehicle.
11.4 In case of an incident involving property damage or any third party, the Member must fill out an official police report form and, mandatorily provide a jointly agreed-upon statement, complete EBikeGo’s incident report form, and obtain the following information:
Date, time, and place of incident;
The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate number (with name, address and phone number of the insurance agent);
The names, addresses, and driver’s license numbers of the persons involved in the incident;
The name, address, and driver’s license number of the owner of the vehicle (if he or she is not the driver);
The name, addresses, and phone number of witnesses, passengers, and any other involved persons;
Circumstances of the incident describing immediate surrounding environment and vehicle position prior to the incident; and
A police report is required regardless of liability or fault. Member shall specify in his/her detailed written complaint to the police the actual facts only. Member shall ensure that such complaint shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claims by EBikeGo. Any loss occasioned to EBikeGo due to a discrepant, inconsistent, or distorted complaint by a Member shall be to the account of such Member.
11.5 Investigation and procedure. Member must provide EBikeGo and any other claims adjustment service with the findings of any report or any notice relating to a claim or a lawsuit against EBikeGo regarding any incident involving a EBikeGo vehicle. Members agree and accept to cooperate fully with EBikeGo in the investigation and defense of any such claim or lawsuit. A Member’s accounts will be suspended until the investigation has been concluded.
11.6 The Member shall be responsible for the costs related to the repair, recovery, and loss of use of any EBikeGo vehicle resulting from any of the foregoing, up to the current damage fee, as set forth in the Fee Policy (if such costs are because of the fault of the Member or if the fault is not directly established to any other person/ entity, or where any cost is not paid/reimbursed by the insurer of EBikeGo vehicles or the insurer of the other vehicle involved in the accident).
12.1 You are responsible for any traffic violations incurred due to your inappropriate use of a EBikeGo vehicle. This includes, but is not limited to unauthorized parking, excess speeding, breaking red light, photo enforcement, and toll violations. You are solely liable for all costs imposed due to any such violation during the concurrence of Your trip/ride/booking, including fines for late payment and any processing fees added by the respective regulatory authority. You are liable for payment of all tolls and any fines for toll evasion. You must report such violations to a EBikeGo representative, as soon as possible, within the prescribed timeline for the violation (for example, if the case is being taken to court). EBikeGo will notify the Member immediately by email after it comes to know about any of such violation and Member shall forthwith pay the relevant fine/s to the authority concerned and provide EBikeGo with the proof of such payment, failing which EBikeGo will pay those amounts and Member shall reimburse the same to EBikeGo at earliest and in any case not later than 3 (three) working days from such payment. However, where Member has personal knowledge of such violations, EBikeGo will not be obligated to provide Member with the notification as above, but Member’s obligation to pay the relevant fine/s and notifying EBikeGo of such compliance will continue as aforementioned.
12.2 You must notify EBikeGo of any traffic violation notices found on a vehicle at the time of vehicle pick up.
12.3 You must not leave a vehicle in a zone that has parking restrictions. If you leave the vehicle in such a restricted zone, you must immediately notify EBikeGo, and you will be responsible for any and all violation notices or towing charges incurred by EBikeGo. Additionally, financial penalties will be levied against you for any inconvenience caused to other EBikeGo Member if the vehicle is unavailable for its scheduled reservation because of such parking violations as set out in the Fee Policy.
Insurance and Liability
13.1 Member deductible obligation:
If the Member is in full compliance with the terms and conditions of EBikeGo’s policies being mentioned at the Platform, then EBikeGo shall provide the Member with a primary third party liability protection, which protection shall be to the extent of claims/liabilities covered by EBikeGo’s vehicle insurer, on EBikeGo’s vehicles for any/ all claims and/or liabilities arising during the use or operation of the vehicle by the Member. The Member will however be responsible for any associated deductible charges directly/indirectly personally attributable to the Member’s default or otherwise as per discretion of EBikeGo.
If at any time it is determined that losses/claims mentioned hereinabove will exceed the insurance coverage taken by EBikeGo, then the Member will be responsible for any such excess claims/ loss/ damages.
13.2 EBikeGo is not responsible for any damage to, loss or theft of, any personal property belonging to a Member or co-passenger or third-parties, regardless of fault or negligence.
13.3 [Liability protection applies only to claims of third-party bodily injury, death or property damage, other than to the vehicle, arising from the use of EBikeGo vehicle as permitted by this Member Agreement and as per applicable laws. Any such protection excludes any claim made by a Member or co-passenger or Member’s/co-passenger’s immediate family members who permanently live with the Member or is travelling with the Member at the time of incident. This obligation may be limited to the extent EBikeGo’s coverage applies. EBikeGo shall not be liable to Member/co-passenger for any indirect, special, punitive, or consequential damages (including lost profits) arising from or related to EBikeGo vehicle, its use, or this Member Agreement.]
13.4 Member including but not limited to his/her properties, legal heirs etc; (in case of his/her absence) indemnifies and holds EBikeGo, its parent company and affiliates and his/her respective directors, officers, employees, shareholders, agents, attorneys, assigns and successors-in-interest, harmless without demur for all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, business loss and other expenses incurred by EBikeGo (a “loss”) arising from: (1) the use or possession of EBikeGo vehicle by the Member and (2) the Member’s non-compliance with this Member Agreement.
13.5 Member including but not limited to his/her legal heirs/ representatives/ guardians shall have the final responsibility to EBikeGo for all such losses.
13.6 This Member Agreement is intended for the benefit of the Members and EBikeGo and no other party may claim rights hereunder, whether as a third-party beneficiary or otherwise. Under no circumstances will EBikeGo be liable to any third-party for indirect, incidental, special, or consequential damages arising from or related to this Member Agreement or use of EBikeGo vehicles and availing of a Service by the Member.
14.1 EBikeGo captures, stores, processes and uses the Member’s personal data, including, but not limited to, name, email id, internet protocol address, copy of driving license and any other additional address cum identity proof, the image of the Member, the usage and vehicle data as they relate to the Member, to the extent this is necessary for the administration and implementation of this Member Agreement and the Member’s use of EBikeGo’s vehicle. Should third-party services be used, EBikeGo is entitled to forward to the third-party service provider the Member’s personal data, to the extent this is required in order to fulfill the objectives of the Member Agreement.
14.2 EBikeGo is entitled to provide Member’s personal data to third parties for the purposes of providing individualized offers, Services, and other customized information to Members.
14.4 EBikeGo shall be entitled to disclose information of the Member to EBikeGo’s parent company and to all companies controlled by EBikeGo or any of its affiliates and to any government body as required by the law/ or by directive/ or a request from any government body or to any third party deemed fit and proper by EBikeGo, in its absolute discretion.
Limitation of Liability
15.1 We do not guarantee, represent, or warrant in any manner that your use of our Services will be uninterrupted, timely, secure, or error-free.
15.2 We do not warrant in any manner that the results that may be obtained from the use of the Services will be accurate or reliable or effective in nature. You understand and accept that the reliance on the Services is solely at your own judgment and risk, and you shall not hold EBikeGo liable for the same in any manner whatsoever. Our liability is limited to that provided in Clause 9 and Clause 13 of this Member’s Agreement.
15.3 You agree that, from time to time, we may suspend, modify, restrict or remove our Services for uncertain or indefinite periods of time or cancel the Services at any time, without notice to you.
15.4 You expressly agree that your use of, or inability to use, the Services are at your sole risk. The Services delivered to you are (except as expressly stated by us) provided on an ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of the vehicle, quality, fitness for a particular purpose, durability, title, and non-infringement.
15.5 You acknowledge that third-party links on our Platform or Services may direct you to third-party sites or pages or applications that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites or pages or applications, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or pages or applications, or for any other data, information, products or services of any third-parties.
15.6 We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion; and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Arbitration & Jurisdiction for Disputes
16.1 Any dispute, controversy or claims by or between, EBikeGo and the Member, hereto arising out of or relating to or in connection with terms and conditions of this Member Agreement or transactions contemplated on the Platform, or the breach, termination, validity of any term under this Member Agreement shall be finally settled by Arbitration’ in accordance with the Indian Arbitration and Conciliation Act, 1996, as in force from time to time. There shall be a sole arbitrator, who shall be appointed by EBikeGo. Any arbitration proceedings or award rendered hereunder and the validity, effect and interpretation of this Member Agreement to arbitrate shall be governed by the Laws of India. The arbitration proceedings shall be conducted in Bangalore, and the award shall be rendered in the English Language.
16.2 Subject to the arbitration clause, the Member irrevocably agree that the courts in Bangalore shall have exclusive jurisdiction for the purpose of hearing and determining any litigation, suit, action or proceedings and/or to settle any disputes arising out of or in any way relating to this Member Agreement or its formation or validity and for the purpose of enforcement of any judgment against its property or assets
16.3 Nothing in this clause shall (or shall be construed so as to) limit the right of EBikeGo to initiate proceedings against any of its Members in accordance with mandates contained in the Civil Procedure Code, 1908.
16.4 Notwithstanding anything contained in the foregoing sub-clauses, the jurisdiction in relation to criminal proceedings shall be governed in accordance with the provisions of the Indian Penal Code, 1860 and Code of Criminal Procedure, 1973.
16.5 The Member agrees to pay EBikeGo’s reasonable attorneys’ fees and costs in any legal proceeding relating to this Member Agreement, including appeals, where the respective court or forum pronounces the order in favor of EBikeGo.
16.6 The Member must not aid or encourage the filing of any third-party claim or lawsuit against EBikeGo, and the Member must cooperate fully with EBikeGo and EBikeGo’s insurer in the investigation and defense of any claim or lawsuit. In any proceeding involving the Member and EBikeGo as co-defendants should EBikeGo determine in its sole discretion that the Member’s independent attorney has not aligned his defense similar to that of EBikeGo, then EBikeGo shall be entitled to call upon the Member to change his attorney to one advised by EBikeGo and the Member shall accordingly change his attorney at his own cost.
16.7 Member must immediately notify and deliver to EBikeGo every summons, complaint, document, or notice of any kind received by Member in any way relating to an accident, theft, or other circumstances related to EBikeGo vehicle.
Severability and Integrated Agreement
17.1 If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Member Agreement had been executed with the invalid portion eliminated.
17.2 The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
17.3 This Member Agreement, together with the user guide, trip process, member application, Fee Policy, and any applicable consent forms and the Policies, along with any amendments hereto, encompasses the entire agreement between the Member and EBikeGo, and supersedes all previous understandings and agreements between the Member and EBikeGo.
17.4 The Member acknowledges and represents that he or she has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Member Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Member Agreement.
18.1 No term contained in this Member Agreement may be changed or waived, except in writing signed by an expressly authorized representative of EBikeGo. No waiver of default by Member/ You under any of the Terms or Conditions of this Member Agreement shall be construed as a waiver of any prior or subsequent default of any of the terms or conditions of this Member Agreement.
Assignment or Transfer
19.1 The rights granted to the Member under this Member Agreement are not assignable or transferable, in whole or part. Any attempt to transfer this Member Agreement without the written consent of EBikeGo shall be void and of no force and effect. EBikeGo reserves the right and can at its absolute discretion can assign the rights and obligations under this Member Agreement (or any part thereof) to an affiliate or to another entity in connection with a corporate transaction, assignment process, any other commercial arrangement or otherwise.
20.1 Member will never be deemed to be EBikeGo’s agent or employee in any manner for any purpose whatsoever.
Term & Termination
21.1 This Member Agreement shall continue to apply until terminated by either you or EBikeGo as set forth below. If you want to terminate this Member Agreement with EBikeGo, you may do so by: (i) not accessing the Platform; or (ii) closing your account for all of the Services that you use, where EBikeGo has made this option available to you.
21.2 You agree that EBikeGo may, in its sole discretion and without prior notice, terminate your access to the Platform and block your future access to the Platform if EBikeGo determines that you have violated the terms and conditions of this Member Agreement any other Policy(s) of the Platform. You also agree that any violation by you of the Policies will cause irreparable harm to EBikeGo, for which monetary damages may be inadequate, and you consent to EBikeGo obtaining any injunctive or equitable relief that EBikeGo deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies which EBikeGo may have at law or in equity.
21.3 In addition to Clause 21.2 above, EBikeGo may, at any time, with or without notice, terminate these terms of the Member Agreement with you if:EBikeGo is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
The provision of the Services to you by EBikeGo is, in EBikeGo’s sole discretion, no longer commercially viable;
EBikeGo has elected to discontinue, with or without reason, access to the Platform, the Services (or any part thereof); or In the event, EBikeGo faces any unexpected technical issues or problems that prevent the Platform and/ or Services from working.
21.4 EBikeGo may also terminate or suspend all or a portion of your account or access to the Services with or without reason. Termination of your account may include: removal of access to all offerings within the Platform or with respect to the Services; disabling access to the account information, including your personal information, login ID and password, and all related information, files and materials associated with or inside your account (or any part thereof), and any user content uploaded by you; and prohibiting further use of the Services.
21.5 You agree that all termination shall be made at EBikeGo’s sole discretion and that EBikeGo shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your account information), or your access to the Platform and Services.
21.6 Notwithstanding the foregoing, such terms of this Member Agreement as are meant to survive termination/expiry of this Member Agreement, will survive indefinitely unless and until EBikeGo chooses to terminate them.
22.1 If performance of any Service or obligation under the terms and conditions of this Member Agreement or any other provisions of the policies of the Website, or other third parties in fulfilment of transaction (for e.g. home deliveries of vehicles, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable commercial control of EBikeGo or its third parties performing such services as sub-contractor to EBikeGo and could not have been prevented by reasonable precautions (each, a “Force Majeure Event”), then EBikeGo shall be excused from such performance to the extent of and during the period of such Force Majeure Event. EBikeGo shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
23.1 When you use the Platform or send emails or other data, information, or communication to EBikeGo, You agree and understand that you are communicating with EBikeGo through electronic records and you consent to receive communications via electronic records from EBikeGo periodically and as and when required.
23.2 EBikeGo will communicate with you by email or by notices on the Platform or electronic records on the Platform or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
Feedback and Information
24.1 You agree and accept that, any creative ideas, suggestions, proposals, plans, feedback or other materials, whether online by email, postal mail or otherwise (“ Feedback ”), You provide to EBikeGo shall be deemed to be non-confidential and further EBikeGo reserves the right to use such information without any restriction to edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you provide.
24.2 EBikeGo may, but shall have no obligation to, respond, monitor, edit or remove any Feedback appearing on the Platform that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or this Member Agreement.
24.3 Further, by submitting the Feedback, you represent and warrant that
Your feedback does not contain confidential or proprietary information of anybody including you and third parties. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or the Platform.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and their accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
EBikeGo is not under any obligation of confidentiality, express or implied, with respect to the Feedback;
EBikeGo may have something similar to the Feedback already under consideration or in development; and
You are not entitled to any compensation or reimbursement of any kind from EBikeGo for the Feedback under any circumstances.
24.4 For the sake of clarity, EBikeGo may at its discretion, make any modifications or changes to the Platform, the content therein, and/ or Services on the basis of such feedback, however, EBikeGo shall not be obliged to do so. Further, in the event that EBikeGo makes any changes or modifications to the Platform, the content therein and/ or Services on the basis of any such Feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Platform, the content therein and/ or Services.
24.5 You expressly waive any and all rights in such changes or modifications to the Platform, the content therein and/ or Services, and assign to EBikeGo, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Platform, the content therein and / or Services, in perpetuity.
24.6 You hereby waive all rights under applicable law in relation to any changes or modifications to the Platform, the content therein and/ or Services.
25.1 Questions about the Member’s Agreement should be sent to us at [email protected]