TERMS AND CONDITIONS
- General Terms & Conditions:
- This is a contract for supply of services and is not intended to create any other relationship between the parties, such as employment, agency, contractor & principal or franchisee and franchisor.
- Only actively driving members must drive.
- Unless otherwise explicitly agreed, these GTC (Good til canceled) apply to all contractual relationships between the User and Exa Mobility. The User shall abide by the following terms and conditions.
- Electric Bikes can be dangerous to use. The user or consumer assumes all risk of personal injuries, damage, or failure of the bicycle or system and all other losses or damages to themselves and others and to any property arising out of or as a result of using the bicycle.
- The agreement between the User and Provider enters into force when the Provider accepts the registration / reservation.
- The registration / reservation and its confirmation can occur online via the application or by e-signing a soft copy of this agreement.
- Receipt of the confirmation of registration / reservation is an indication that the Provider has received the registration / reservation and has accepted it, and that the agreement is therefore in force.
- The Users must be above the age of 18 years.
- Vehicle in use: The vehicle is considered to be in use for the period between its collection and its return.
- Sole renter: The User expressly agrees to be the sole renter and will be the sole driver of the Vehicle. The User may not pass the vehicle on to a third party or allow the third party to operate the vehicle.
- Driving License: The User should have a valid driving license to register and drive a vehicle that requires the driving license by law. The user needs to upload the driving license which will be saved to our database after which the user shall proceed to book any vehicle.
- Condition of vehicle: The User has to verify the condition of the bike before starting the vehicle or starting the ride and is satisfied with the condition of the vehicle. The User shall not hold Exa Mobility or any other person associated with Exa Mobility, responsible for any loss of life or property due to the condition of the vehicle.
- Geographical boundary: The User shall not carry / ride the vehicle outside the geographical boundary defined by Exa Mobility.
- Prohibitions: The User shall follow all safety precautions including wearing of helmet that is mandated under the Motor Vehicle Act and must refrain from:
- Riding with more than one person as a pillion.
- Riding while using electronic gadgets like mobile phones, cameras, cellular telephone, Text message device, portable music player &/or any other device that may distract the user from safely operating any vehicle.
- Using the vehicle to carry unlawful / hazardous / prohibited material.
- Riding under the influence of alcohol, medication or drugs, or in any other condition.
- Affecting ability to react (e.g. overtiredness or illness).
- Using the vehicle for “any illegal activities”.
- Using the vehicle for purposes which are not legal as per law or which requires any extra legal license or permit which user doesn’t have..
- Using the vehicle for the purpose of political rallies, protest, campaign, agenda or any other activities in furtherance of political rallies, protest, campaign etc.
- Using the Vehicle for participating in any motor racing events or other competitions.
- The User must follow the speed limitation, traffic rules or directions of the police or other enforcement agencies. If there is any violation of a traffic rule or any other that includes but is not limited to over speeding, wrong parking, jumping a signal, riding with pillion(s), breaking red light at a crossing and toll violations, riding without a helmet, parking illegally, etc., the user has to pay all the fines / penalties. If at any instance, the vehicle is registered by the police authorities against Exa Mobility, being the owner / permit holder of the vehicle, the User has to compensate Exa Mobility for all costs, fines and legal fees incurred. In the event of a toll violation, the user must inform us immediately. If the Provider learns of such an event from a third party, the user will be informed through an email. The user must bear the relevant fine to the concerned authority and submit a proof of compliance to Exa Mobility The responsibility of any unreported traffic rule violation rests solely with the user and Exa Mobility will not bear any responsibility whatsoever.
- If the User over speeds beyond the limit set as per the traffic rules or any other laws, Exa Mobility shall not protect the User from any loss or damage to the vehicle, and the User shall personally be liable for all the loss or damages caused. If the user over speeds beyond the limits set as per traffic rules or any other law, Exa mobility India Pvt. Ltd. will not bear any penalty/ fine/ responsibility for any such breach of traffic rules/ any other law. Such penalties/ fines are to be borne by the user.
- By using the Application and/or the Services, the User agrees to use the Services and/or Application only for lawful purposes. The User must not use the Services for the purpose of transporting any dangerous weapons (including, not limited to, knives, firearms, incendiary devices, etc.), chemicals, other objects / substances that may cause harm to or intimidate or otherwise harass others, including other users or members of the public, whether or not the user intends to use such objects or substances to cause harm to or intimidate or otherwise harass, others, including other Users.
- Any person who has provided Exa Mobility with false info or whose representations are determined to be false will be prohibited to avail any service from exa. Including but not limited to, User’s name, address, and age or identification id.) will be barred from using the provider’s services.
- The vehicle shall be returned along with all the accessories at the date and time mentioned at the time of booking without any damage. Failure to do so would attract a penalty based on the delay / damage.
- The vehicle must be returned in clean and operational condition. The User will be invoiced for all damage caused by the improper or inappropriate use of the vehicle as mentioned under Clause 11.
- If there is any damage to the vehicle, Exa Mobility can charge the amount equal to the cost of the bike / cost of repairing the bike and additionally the loss of revenue caused due to such damages.
- All accidents, damages to vehicles, summons or notices issued by police or by court in relation to acts while the vehicle was under the custody of the user shall be intimated within one hour of such incident to Exa Mobility. Any police cases shall be reported to Exa Mobility immediately. Any misstatement / concealment is an offence. Exa Mobility shall not protect the user with its insurance if the user doesn’t follow the above instructions.
- In case Exa Mobility is penalized by any authority in relation to the user’s usage of the vehicle, then the user is liable to pay the compensation of such penalty to Exa Mobility
- Use of the vehicle in any manner that causes excessive wear and tear to the vehicle parts is prohibited. Exa Mobility shall penalize the user if it is found that the User has caused excessive wear and tear to the vehicle.
- The correct end of the booking process varies depending on the locality and vehicle. If the vehicle is left, although the rental process is not completed, the booking continues to be charged to the User. In case the User is not able to end the booking, the Service Center must be contacted immediately.
- From the time the Vehicle is picked up by the User, and until it is returned, all risks associated with such custody of the Vehicle shall be on User. The User shall be responsible for securing the vehicle from external factors including human or generally known adverse weather conditions.
- The user shall park the vehicle in a lawful and appropriate location in accordance with these terms:
- After every use the vehicle should be deactivated and locked.
- Shall not park the vehicle on private property, in a locked space or in any other non-public space.
- Shall not be parked in restricted areas.
- Only park the vehicle in a lawful and safe manner, in a place which is visible and will not cause an obstruction for other road and footpath users.
- Use the main-stand while parking the vehicle.
- In the event of theft of the Vehicle or any component / part thereof, the User must report the incident to the Provider immediately and file a complaint at the nearest police station. The User will be held responsible for any discrepancy or misinformation if any in the filing of the complaint and appropriate action may be taken by the concerned authorities, legal or otherwise.
- The User must ensure the safety of all equipment provided with the Vehicle including but not limited to helmets, GPS navigation system of the Vehicle. In case any equipment is misplaced by the User, he/ she will be charged for the same at the discretion of the Provider.
- The Users shall undertake full responsibility for their belongings. Exa Mobility shall not be held responsible for such loss or damage to such belongings under any circumstances.
- The User shall be responsible for keeping his/her Exa Mobility account related information, password and/or PIN numbers in strict confidence and to not make such passwords or PINs available to third-parties. The User shall be solely responsible for any associated costs and/or damages in connection with any and all unauthorized use of such passwords and/PINs, by third-parties. If the User has reason to believe that a third-party may have obtained a password and/or PIN in an unauthorized manner, the User shall intimate Exa Mobility the same and change the compromised password and/or PIN instantly.
- The user is responsible for traffic rule violations (if any). This includes but is not limited to wrong parking, over speeding, breaking red light at a crossing and toll violations. The user is liable to pay any penalty charges involved. In the event of a toll violation, the user must inform us immediately. If the Provider learns of such an event from a third party, the user will be informed through an email. The user must bear the relevant fine to the concerned authority and submit a proof of compliance to the Provider. The responsibility of any unreported traffic rule violation rests solely with the User and the Provider will not bear any responsibility whatsoever.
- All accidents and/or damages to the Vehicle, summons or notices issued by police, courts and other authorities in relation to incidents and/or acts concerning the Vehicle while it was under the custody of the User shall be intimated to Exa Mobility without any undue delay within one hour of such incident. The User shall also report in writing, the entire events in detail regarding such an accident/incident. In case of an incident involving property damage to the person or property of any third party, arising out of the use of a Vehicle by a User, such User must file an official police complaint and cooperate with Exa Mobility in obtaining 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’s 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 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 car position prior to the incident; and
- RETROFITTING : Never retrofit our bikes with any bike components that are not approved in writing by Exa Mobility. This includes but not limited to tires and tubes.
- The User shall cooperate with the Provider and any other claims adjustment service in order to obtain findings in relation to any incident / accident involving the Provider’s Vehicle during the course of its use by the User. The User shall cooperate fully with Exa Mobility in the investigation and defense of any claims or lawsuit by or against Exa Mobility. The User’s accounts may be suspended until such investigation has been concluded.
- In case of any accidents/damages, the liabilities with regard to any out of court settlement initiated or accomplished by the User with third parties without prior written consent of Exa Mobility will be solely borne by such User. In case of any damage to the Vehicle during the course of its use by the User, Exa Mobility shall be entitled to charge an amount equal to cost of repairing the Vehicle, to the extent that is not covered by the insurers and additionally, the loss of revenue, if any to Exa Mobility, as a result thereof.
- If any accident or damage to the bike is caused due to violation of the terms and conditions contained herein or the Applicable Laws, the User has to bear the entire cost of repair of the bike, damages caused to third parties and compensation required to be paid to the victim.
- It is the User’s responsibility to maintain the Vehicle to the same standard in which the vehicle is supplied to the user (Including- complying with all additional care recommended by Exa Mobility)
- The User must refrain from servicing or causing the vehicle to be serviced on his own.
- The User is prohibited from doing or omitting any activity which will affect the normal condition of the vehicle.
- If it is determined that losses will exceed the insurance coverage of the vehicle., the user will be responsible for excess charges. In case of annulment of the Insurance policy due to user’s negligence, rash driving or any such incident, the user has to pay the showroom repair cost of the vehicle.
- 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 the vehicle as permitted by this agreement and applicable law. Such protection excludes any claim made by the user or the user’s immediate family members who live with the member or are travelling with the member at the time of the incident.
- This Agreement is intended for the benefit of User and Provider and no other party may claim rights hereunder, whether as a third-party beneficiary or otherwise. Under no circumstances will the Provider be liable to any third party for indirect, incidental, special or consequential damages arising from or related to this agreement or use of vehicle and service.
- “Released Persons” means, collectively Exa Mobility and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, and 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 user being allowed to use any of the Services, Vehicles, and other equipment or related information provided by the provider, user (acting for user and for all of user’s family, heirs, agents, affiliates, representatives, successors, and assigns) do hereby fully and forever release and discharge all Released Persons for all Claims that user 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. The user 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 the provider 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 vehicle.
- All bookings made through the Website / App / Phone shall be cancelled through the same. The User may also cancel bookings by calling our helpline number and any cancellation communicated in this manner shall be valid, subject to the User identifying himself / herself and providing adequate details regarding the booking. On verification of the User’s identity and booking details, the user shall be intimidated regarding the confirmation of his / her request to cancel the booking.
- The User can add the Security Deposit (refundable after adjusting with the negative balance (if any)) in the Exa Money account & can add eCash to pay digital money through the Exa Mobility App/ Website; No refund will be provided for added balance in Exa Money account/ eCash/Active Saver Packs or any other promotional balance.
- Promo codes (“Discounts”) are one time offers and can only be redeemed via the app. Exa mobility India private Limited (“Provider”) reserves the right to modify or cancel 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 resoled.
- There shall be no reimbursements for expenses borne by the User without the prior consent of Exa Mobility
- Exa Mobility is not liable to reimburse any expenses borne by a user due to cancellation of any third party associated plans that are not connected with Exa Mobility or the services provided by us; due to any vehicle breakdown, accident, damage or issues caused due to the vehicle or service.
- The user will be given a refund in the case when a booking is cancelled by the Provider due to unavailability of vehicles. At times when the provider is unable to provide a vehicle for a booking due to reasons such as accident, damage, service, late handover by previous user etc.; they will process a full refund of the entire amount of the booking back to the original method of payment. The refund will be processed within a maximum time frame of 7-10 working days.
- In case of any wrongful deductions from the provider’s end and/or where the User feels they have been charged wrongly for any ride, the user is required to raise a query through our website / app or helpline number. Exa Mobility reserves the right to process refunds based on due internal investigation and verification of such claims. On successful investigation, such refunds will be processed within a period of 7-10 working days.
- Users shall not receive any refunds in case the booking is cancelled or modified by the user.
- Application of the T&Cs:
- The present Terms and Conditions establish the rights and obligations of the User during use of the Vehicle. The User is aware that the right of use of the Vehicle belongs to Exa Mobility, and that the User does not have powers for transfer of the rights and obligations accepted by him or her by conclusion of the Agreement to third persons (among other, for transfer of the right to the Vehicle). Exa Mobility allows the User to use the Vehicle in accordance with the present Terms and Conditions.
- Exa Mobility makes the present Terms and Conditions available to the User not later than at the time of conclusion of the Agreement. By signature of the Agreement the User confirms that the User has read and understood the present Terms and Conditions, and that the User undertakes to comply with them.
- The Agreement is concluded for use of one Vehicle during the period stated in the Agreement and until return of the Vehicle into direct possession of Exa Mobility (“the period of rent”). Provisions of the Terms and Conditions do not become invalid following return of the Vehicle, before the expiration of the period of rent.
- Provided that the User agrees to the Terms and Conditions and the price list, etc. as set forth, the User can, make reservations by specifying in advance the class of the Vehicle, the commencement date and time of rental, the renting place, the period of rental (minimum 30 days), the returning place, and other rental conditions (“Renting Conditions”).
- Upon receipt of the reservation from the User, Exa Mobility shall comply, in principle, with such reservation to the extent that the Vehicle is available for such rental within the vehicles in possession of Exa Mobility
- There is no right of revocation for bookings made exclusively by means of telecommunication (e.g. via a homepage, app, e-mail, telephone, etc.).
- If the Agreement of the anticipated Vehicle is not executed as a result of any occurrence of an accident, theft, non-return, a recall, or natural disaster or any other event, which is not attributable to the User or Exa Mobility, the reservation shall be deemed to have been cancelled. In such case, Exa Mobility shall return to the User the reservation charges (if received any).
- Documents to be provided when collecting the vehicle:
- During handover of the vehicle, the User must provide an identity card for verification (specifically, Adhaar card) and a copy of driving license valid in Maharashtra for the vehicle. The procured documents will remain in the possession of the Provider till the vehicle is returned by the User.
- If the User is unable to produce said documents when the vehicle is handed over, Exa Mobility will cancel the rental contract; in any such cases the User shall have no claim for non-performance.
- A security deposit of _____________ shall be paid to Provider by the User, Before booking any ride through the website or the app, as a security for the safety of the vehicle as well as other legal compliances by the User, of all the terms, covenants, and conditions of this Lease to be kept and performed by User during the term hereof. If User defaults with respect to any provision of this Agreement, including but not limited to the provisions relating to the payment of rental charges, Provider may (but shall not be required to) use, apply or retain all or any part of this security deposit for the payment of any pending rental charge or any other sum in default, or for the payment of any amount which the Provider may spend or become obligated to spend by reason of User’s default, or to compensate the Provider for any other loss or damage which the provider may suffer by reason of User’s default
- Fee Policy & Taxes:
- Rental charges will be applicable on a monthly basis.The user agrees to book the vehicle for a period of minimum 30 days.
- The rental charge is the price for the use of the Vehicle under the Terms and Conditions agreed upon at the time of the Agreement. All charges are exclusive of GST unless specified. Exa Mobility retains the right to amend the rental rates at any point of time.
- In case of the period of 30 days getting extended, the user will be charged on a pro-rata (proportional) basis for such an additional number of days.
- The user can, at his/her own discretion, insure his/her ride, Third party as well as the pillion (Full Insurance) by opting for a nominal insurance policy from the App/ Website before booking every ride. (Insurance charges would be included in the sum total, if the user wishes to opt for it)
- In case the User wishes to renew the Rental agreement, he/she can do so by paying the rental charges as applicable for the next month (30 days).
- If the vehicle is not returned to the same rental office from which it was rented, the User shall be required to pay the cost of returning the vehicle or a one-way charge, unless otherwise agreed in writing.
- Exclusions: Under no circumstances is it permitted to use the vehicle, operate or drive:
- In violation of Indian law, or the conditions and terms of this contract;
- For the transportation of passengers or property;
- To propel or tow any vehicle, trailer or other objects;
- By any person other than the user signing this contract;
- Off-roads, that is roads that are not marked as normal driving roads on a road map;
- Application of the T&Cs:
- Recharging of the Vehicle:
- The Vehicle has to be returned after recharging. The user can charge the vehicle at our designated stations, for free of cost unless specified.
- Availability and Usage of Vehicles:
- The user agrees and acknowledges that electric vehicles may not be available at all times. Electric vehicles require periodic charging of batteries in order to operate.The user agrees to use and operate electric vehicles safely and prudently.
- The level of charge power remaining in the electric vehicle will decrease with use of the electric vehicle (over both time and distance), and that as the level of charge power decreases, the speed and other operational capabilities of the electric vehicle may decrease (or cease in their entirety).
- The level of charging power in the electric vehicle at the time the User initiates the rental or operation of an electric vehicle is not guaranteed and will vary with each rental use.
- The rate of loss of charging power during the use of the electric vehicle is not guaranteed and will vary based on the E-vehicle, road conditions, weather conditions and/or other factors.
- It is the user’s responsibility to check the level of charge power in the electric vehicle and to ensure that it is adequate for the ride before initiating operation of the electric vehicle.
- The provider does not guarantee the distance and/or time that user may operate any electric vehicle before it loses charging power completely. The electric vehicle may run out of charging power and cease to operate at any time during the rental of the electric vehicle, including before reaching the desired destination.
- User’s liability:
- The User shall be responsible for the costs related to the repair, recovery, and loss of any Company vehicle resulting from any of the foregoing, up to the current damage fee, as set forth in the Fee Policy / Rate Schedule (if such costs are because of the fault of the User 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 Company vehicles or the insurer of the other vehicle involved in the accident).
- A Company shall not be liable to refund the unused hours in the event when the User meets with an accident (intentionally or unintentionally and shall not be liable for any further costs borne by the User as a consequence of the accident/breakdown.
- In case of any accidents/damages, any out of court settlement initiated or accomplished by User with the third parties without written consent of the Company will be solely borne by the User.
- The User must not exceed the maximum weight limit for the Vehicle, Which is _____ Kilograms. Rider accepts that the Bike is intended for light goods only.
- The contract of usage would be terminated immediately due to the violation of any of these Conditions and the User needs to return the Vehicle immediately back to the Provider. There would be no refund of the Rental Charges already made, and the User has sole responsibility for any and all costs, charges, fees and expenses incurred by the Provider as a result of a breach of these Conditions.
- Under no circumstances can the user allow a 3rd party other than himself/ herself to use the vehicle that has been obtained by the user from the provider.
- User shall not use/ operate the vehicle only within the designated area specified under booking made.
- Delivery process:
- User has to be present at the agreed date and time to pick up the bike from Provider’s docks.
- Delivered vehicles cannot be rejected after handover.
- The drop-off location will be the same as the pick-up location.
- Assurance by the User:
- It is agreed that all risks associated during the custody of the vehicle is with the User. Further, it is more specifically agreed that in cases where a vehicle is used in a manner which is not permitted under law or is in violation of any law, User should assume absolute liability and indemnify the owner from all statutory and other liabilities cast upon him.
- The provider cleans and sanitises its vehicles at a regular frequency. Sanitisation is done using a certified solvent. However, in the unfortunate circumstances if the commuter contracts an illness, the provider cannot be held liable.
- The User undertakes the responsibility of any damage, theft, loss of property or any part thereof involving the vehicle during his/her custody. Any expenses incurred for repairing or replacing the Vehicle for such damages, theft, or loss shall be borne solely by the User.
- Rental & Utilisation of Vehicle:
- User is the Sole user of Exa Mobility The User expressly agrees that he/she is the sole user and the one who is responsible for compliance with all terms and conditions contained in this Agreement. User understand that when he/she rents a vehicle, the vehicle must be used ONLY BY THE USER. User must not allow others to use a vehicle that they have rented.
- Exa Mobility will carry all necessary insurance associated with the Vehicles as required by applicable law.
- The User represents and certifies that he/she is familiar with the operation of the Vehicle, and are reasonably competent and physically fit to use it. By choosing to use the vehicle, the User assumes all responsibilities and risks for any injuries and/or medical conditions. User is responsible for determining weather conditions, including rain, snow, hail, ice or electrical storms, and/or any other conditions which, whether caused by the weather or otherwise, make it dangerous to operate the vehicle. User is advised to adjust their riding behavior and braking distance to suit all conditions and variables, including weather and traffic.
- The User agrees that the vehicles, and any equipment attached thereto, at all times, remain the exclusive property of Exa Mobility The User must not dismantle, write on, or otherwise modify, repair or deface any vehicle, or any part of any of the vehicle, or any other equipment in any way. User must not write on, peel, or otherwise modify or deface any sticker on the vehicle. User must not use any vehicle for any advertising or commercial purpose.
- User must not tamper with, attempt to gain unauthorized access to, or otherwise use any services in a manner that does not comply with this Agreement.
- User agrees that riding the Vehicle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to the User or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided.
- Subscriptions & Auto Renewals:
- Once the User purchases the subscription plan according to their choice/requirement, Exa Mobility will not make any changes.
- Subscription plans are non-refundable. Exa Mobility looks forward to providing all the benefits which are included in the subscription plan.
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 Agreement had been executed with the invalid portion eliminated. 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. The user acknowledges and represents that he/she has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement.
- The User shall indemnify, keep indemnified and hold the Provider harmless and its directors, officers, employees, agents and representatives from and against any action, suits, complaints, proceedings, damages, losses, costs, expenses (including reasonable attorney’s fees and court costs), fines, penalties, claims, counterclaims, actions or liabilities incurred or suffered by Exa Mobility and/or of its directors, officers, employees agents and representatives in any manner as a result of:
- Any breach by the User, of the terms and conditions set forth herein, of any of its representations or warranties or obligations as set forth hereunder; and
- Any act or omission of the User that results in personal injury (or death) or tangible or intangible property damage (including loss of use) to any third-party.
- The User hereby acknowledges that under no circumstances shall the Provider be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from
- the provision of the Services, or
- the User’s use of or inability to use, the Services.
- The total liability of Exa Mobility under these terms and conditions shall in no event exceed the total Fees paid by the User in relation to the Services.
- In the event where the performance of the services are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, 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 whatsoever, which are beyond the reasonable control of Exa Mobility to be prevented by reasonable precautions then shall be excused from such performance to the extent of and during the period of such Force Majeure Event.
|User found drunk at the time of drop||Rs. 1000/- + damages (if any)|
|Failure to drop the vehicle at the drop location||Rs. 1500/-|
|In case of delay / Overtime||Late hours
Double hourly charges
|Number plate found damaged||Rs. 500|
|Clutch plate damage||Rs. 7,000/-|
|QR code found damaged at the end of ride||Rs. 250/-|
|Loss/damage/tampering of Vehicle Tracking System, Odometer, Speedometer, Fuel gauge or any other measurement instruments||Rs. 9,999/-|
- User hereby represents, warrants and covenants that all information provided by it is true and correct and that no misinterpretations or misleading statements have been made. The user further represents, warrants and covenants that it satisfies the eligibility criteria set out in this agreement, has all requisite competence, power and authority to accept the terms and conditions and to perform its obligations hereunder and it will perform its obligations and fulfil its responsibilities under these terms and conditions in a manner that complies with applicable laws.
- By using any of the Applications or Exa Mobility’s Services, the user expressly represents and warrants that he is legally entitled to enter this Agreement. If the User resides in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, the user must abide by such age limits and must not use the Applications and/or Services.
- Without limiting the foregoing, the Services and Applications are not available to minors (persons under the age of 18) under any circumstances. By using the Application or the Service, the User represents and warrants that he/she have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
- User’s participation in using the Services and/or any of the Applications is for user’s sole, personal use. The User may not authorize others to use their user account with Exa Mobility and shall not assign or otherwise transfer their user account to any other person or entity.
- When using the Applications or Services, User agrees to comply with all laws applicable in the jurisdiction(s) in which the users are using the Applications, and in which the User’s ride originates, terminates, and traverses.
- Subject to User’s compliance with this Agreement, Exa Mobility grants the User a limited non-exclusive, non-transferable license to download and install a copy of the Application on any mobile device or computer that the User owns or controls and to run the Application solely for their own personal use. Exa Mobility reserves all rights in and to the Application not expressly granted to the User under this Agreement.
- In connection with the use of the Application and the Provider’s Services, the user agrees that he/she shall not:
- Modify or make derivative works based upon the Services or the Application;
- Create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device;
- Reverse engineer or access the Application in order to
- Build a competitive product or service,
- Build a product using similar ideas, features, functions or graphics of the Services or Application, or
- Copy any ideas, features, functions or graphics of the Services or Application, or
- Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or Application.
- The Users must not: send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- Send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights;
- Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- Interfere with or disrupt the integrity or performance of the Application or Services or the data contained therein; or
- Attempt to gain unauthorized access to the Application or Services or its related systems or networks.
Exa Mobility has and reserves the right to investigate and prosecute violations of any of the provisions of this Agreement as it sees fit and to the fullest extent of the law.
- Users shall not attach any external fixtures/fittings or make any changes to the vehicle.
- Users shall not undertake any repairs / replacement of any item of the vehicle.
- Exa Mobility vehicles cannot be booked in advance, nor is there any entitlement to the availability of a vehicle within the area of use. The booking is made immediately prior to the commencement of use of the vehicle.
- Users shall compensate Exa Mobility for all the damages caused to the vehicle during the tenure of hiring. In case of accidents to the vehicle, the cost of towing the vehicle from the location of the accident to the service station as well the cost pertaining to the compensation of the damage caused to third party / property of third party has to be incurred by the User.
- Exa Mobility expects its users to ensure the following to help us avoid safety issues:
Exa Mobility reserves the right to fine or block a user due to non-compliance of the above.
- The user must ensure that all passengers wear safety belts or helmets.
- The number of passengers must not exceed the seating capacity of the vehicle.
- Exa Mobility is not responsible for any accident and/or injury caused to the driver and/or any of the passengers due to personal negligence or negligence of the driver.If an accident occurs, FIR/NOC will be required from the User. Additionally, the driver’s original driving license will be held for insurance claiming purposes, which will be returned after about 30 days depending on the insurance claim formalities.
- The user must ensure the safety of all equipment in the vehicle which has been provided by the Provider. In case any equipment is misplaced by the user, he/she will be charged for the same at the discretion of Exa Mobility
- The User is required to maintain a minimum of INR 0 in his/her Exa Ride Mobile application’s Wallet.
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:
- 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;
- Each party consents to the jurisdiction of the courts of the India and agrees that those courts have personal jurisdiction over each party; and
- The parties must submit the dispute to mandatory Arbitration by a sole arbitrator, appointed by the provider to conduct the arbitration process. The parties agree that any dispute will be first subject to arbitration. Every arbitration must be completed within 6 months of the date when the initial notice demanding arbitration was provided by any party. If, for any reason, the dispute is not resolved through arbitration within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.
- All disputes and other matters arising between the User and Exa Mobility shall be governed by the laws of India and are subject to exclusive jurisdiction of the courts at Pune (Maharashtra) alone. A user must immediately notify and deliver to Exa Mobility every summons, complaint, document, or notice of any kind received by the user in any way relating to an accident, theft, or other circumstances related to the vehicle.
- The rights and obligations of the User under these terms and conditions are not assignable or transferable, in whole or part. Any attempt to transfer the same without the written consent of Exa Mobility shall be void and of no force and effect. Exa Mobility reserves the right at its sole and absolute discretion to assign the rights and obligations under these terms and conditions to an affiliate or to another entity in connection with a corporate transaction or otherwise.
- Waiver by Exa Mobility of any term or condition of these terms and conditions at any one instance shall not be deemed or construed to be a continuing waiver of such term or condition for the future or any subsequent breach thereof. Nothing in these terms and conditions will be deemed to either constitute a partnership or agency between the Parties for any purpose. Exa Mobility shall render all the Services as an independent contractor. It is intended that the obligations under these terms and conditions shall always be maintained and performed on an arm’s length basis.
- Exa Mobility reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or the Exa Mobility platform at any time, effective upon posting of an updated version of this Agreement on the Services or Applications. The user is responsible for regularly reviewing this Agreement. Continued use of the Services or Applications after any such changes shall constitute User’s consent to such changes.
- The term of this Agreement begins when Rider first uses the provider’s Service, and the term exists for infinity;
- I certify that I am the user, I am __ 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 user, who is at least ___ 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.