TERMS AND CONDITIONS
As used in these Terms and Conditions, the following words and terms shall have the meanings ascribed to them in this Section, unless the context of their usage clearly indicates another meaning:
Provider (“Exa Ride”): shall mean Exa Fleet Services Pvt Ltd a company incorporated in India and having its registered office at 571/1B A-9 Building, Vishnu Vihar Society, Bibwewadi Kondhwa Rd, Market Yard, Pune, Maharashtra 411037.
Shared Mobility System (“System”) – includes various forms of carsharing, bikesharing, ridesharing (carpooling and vanpooling), and on-demand ride services for short-term rentals for point-to-point trips.
Shared Mobility Device (“Vehicle”) – a traditional bicycle, electric/pedal-assist bicycle, or electric scooter that is part of a shared mobility system.
User (“User”): a person who rents and uses a bicycle, electric bicycle, electric scooter, or other device from a Shared Mobility Provider.
Application (“App”): shall mean Exa Fleet Services Pvt. Ltd.’s software application available on iOS and Android operating systems.
Applicable Law (“Laws”): includes all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders, requirement or other governmental restrictions or any similar form of decision of, or determination by, or any interpretation, policy or administration of, any government, statutory authority, tribunal, board, court having jurisdiction over the matter in question in India.
Service (“Services”): shall mean the various types of vehicle rental and ancillary services provided by Exa Fleet Services Pvt. Ltd.
Charges (“Fees”): shall mean the fees to be paid by the User including any refundable security deposit towards availing the Services, as may be determined by Exa Fleet Services Pvt. Ltd. in its sole discretion, from time to time.
Geographical Boundary (“Boundaries”): shall strictly mean the areas constituting PMC (Pune Municipal Corporation) and PCMC (Pimpri-Chinchwad Municipal Corporation)
- General Terms & Conditions:
We recommend that you pay close attention to the following General Terms & Conditions. Unless otherwise explicitly agreed, these GTC apply to all contractual relationships between the User and Exa Fleet Services Private Limited. The User shall abide by the following terms and conditions:
- Conclusion of agreement:
1.1. The agreement between the User and Provider enters into force when the Provider unconditionally accepts the registration / reservation.
1.2.The registration / reservation and its confirmation can occur online via the application or by signing a hard copy of this agreement.
1.3.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.
- Running the vehicle:
2.1.The vehicle is considered to be in use for the period between its collection and its return.
2.2. 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.
2.3. The User has to verify the condition of the bike before hiring and is satisfied with the condition of the vehicle. The User shall not hold Exa Fleet Services Private Limited or any other person associated with Exa fleet services private limited, responsible for any loss of life or property due to the condition of the vehicle.
2.4. The User shall not carry / ride the vehicle outside the geographical boundary defined by Exa Fleet Services Private Limited.
2.5. 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, etc.
- 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 commercial purposes.
- Using the vehicle for the purpose of political rallies, protest, campaign, agenda or any other activities in furtherance of political rallies, protest, campaign and etc
- Using the device for participating in any motor racing events or other competitions
2.6. 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 Fleet Services Private Limited, being the owner / permit holder of the vehicle, the User has to compensate Exa Fleet Services Private Limited 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 Fleet Services Pvt. Ltd. The responsibility of any unreported traffic rule violation rests solely with the user and Exa Fleet Services Pvt. Ltd. will not bear any responsibility whatsoever.
2.7. If the User over speeds beyond the limit set as per the traffic rules or any other laws, Exa Fleet Services Private Limited 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.
2.8. 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, or other objects or substances that may cause harm to, or intimidate or otherwise harass, others, including other Users or members of the public, whether or not you intend to use such objects or substances to cause harm to, or intimidate or otherwise harass, others, including other Users.
- Vehicle return:
3.1.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.
3.2. 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.
3.3. If there is any damage to the vehicle, Exa Fleet Services Private Limited 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.
3.4. 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 Fleet Services Private Limited. Any police cases shall be reported to Exa Fleet Services Private Limited immediately. Any misstatement / concealment is an offence. Exa Fleet Services Private Limited shall not protect the User with its insurance if the User doesn’t follow the above instructions.
3.5. In case Exa Fleet Services Private Limited 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 Fleet Services Private Limited.
3.6. Use of the vehicle in any manner that causes excessive wear and tear to the vehicle parts is prohibited. Exa Fleet Services Private Limited shall penalize the User if it is found that the User has caused excessive wear and tear to the vehicle.
3.7. 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.
- User Responsibilities:
4.1 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.
4.2. 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.
4.3. 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.
4.4. The Users shall undertake full responsibility for their belongings. Exa Fleet Services Pvt. Ltd. shall not be held responsible for such loss or damage to such belongings under any circumstances.
4.5. The User shall be responsible for keeping his/her Exa Fleet Services Pvt. Ltd. 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 Fleet Services Pvt. Ltd. the same and change the compromised password and/or PIN instantly.
4.6. 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.
4.7. 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 Fleet Services Pvt. Ltd. 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 Fleet Services Pvt. Ltd. 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 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 car position prior to the incident; and
4.8. 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 Fleet Services Pvt. Ltd. in the investigation and defense of any claims or lawsuit by or against Exa Fleet Services Pvt. Ltd.. The User’s accounts may be suspended until such investigation has been concluded.
4.9. 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 Fleet Services Pvt. Ltd. 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 Fleet Services Pvt. Ltd. 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 Fleet Services Pvt. Ltd., as a result thereof.
4.10. If any accident or damage to the Vehicle 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 Vehicle, damages caused to third parties and compensation required to be paid to the victim.
- Insurance & Liability:
5.1 If it is determined that losses will exceed the user’s coverage as provided by Exa Fleet Services Pvt. Ltd., 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.
5.2. 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.
5.3. 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.
- Cancellation, Refunds & Reimbursements:
6.1. All bookings made through the Website/App 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.
6.2. There shall be no reimbursements for expenses borne by the User without the prior consent of Exa Fleet Services Pvt. Ltd.
6.3. Exa Fleet Services Pvt. Ltd. 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 Fleet Services Pvt. Ltd. or the services provided by us; due to any vehicle breakdown, accident, damage or issues caused due to the vehicle or service.
6.4. 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.
6.5. 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 Fleet Services Pvt. Ltd. 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.
6.6.. Users shall not receive any refunds in case the booking is cancelled or modified by the user.
- MONTHLY RENTALS: ALL THE TERMS AND CONDITIONS UNDER CLAUSE 7 ARE SUBJECTED TO MONTHLY RENTALS IN ADDITION TO EVERY OTHER CLAUSE AS STATED UNDER THIS AGREEMENT.
7.1. 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 Fleet Services Pvt. Ltd., 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 Fleet Services Pvt. Ltd. allows the User to use the Vehicle in accordance with the present Terms and Conditions.
- Exa Fleet Services Pvt. Ltd. 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 Fleet Services Pvt. Ltd. (“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 Fleet Services Pvt. Ltd. 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 Fleet Services Pvt. Ltd..
- 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 Fleet Services Pvt. Ltd., the reservation shall be deemed to have been cancelled. In such case, Exa Fleet Services Pvt. Ltd. shall return to the User the reservation charges (if received any).
7.3. Documents to be provided when collecting the vehicle-
- During handover of the vehicle, the User must provide an identity card (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 Fleet Services Pvt. Ltd. will cancel the rental contract; in any such cases the User shall have no claim for non-performance.
7.4. 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 inclusive of GST. Exa Fleet Services Pvt. Ltd. retains the right to amend the rental rates at any point of time.
- Such rental charges will be inclusive of basic rental charge; drop-off charge; enrollment fees for optional Collision Damage Waiver; optional fees; fuel charge; delivery/collection charge; and other charges. Please refer to our latest rates for more information.
- 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.
- 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.
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;
Any violation of Indian law, or any of the terms or conditions of this contract, by the user or any other driver which the user has granted permission to operate or drive the vehicle, renders the user fully responsible for all damages done to the vehicle whatever the cause may be.
7.6. 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. If the vehicle is charged at the user‘s residence, the company will reimburse the electricity amount spent only on charging the vehicle.
7.7. 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 You initiate 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 Your 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 company does not guarantee the distance and/or time that You 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 Your rental of the electric vehicle, including before reaching Your desired destination.
7.8. 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 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.
7.9. Delivery process-
- User has to be present at the agreed date and time to pick up the bike.
- Delivered vehicles cannot be rejected after handover.
- User should do a quality test of the bike before he accepts the bike from Lessor. Though we do quality checks at our end before delivery, the User is expected to see if there are any damages and report the same to us.
- Pick-up date and time will be mutually decided by the User and us. The drop-off location will be the same as the pick-up location.
7.10. 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 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.
7.11. Rental & Utilization of Vehicle-
- You are the Sole user User of Exa Fleet Services Pvt. Ltd. You expressly agree that you are the sole user and you are responsible for compliance with all terms and conditions contained in this Agreement. You understand that when you rent a vehicle, the vehicle must be used ONLY BY YOU. You must not allow others to use a vehicle that you have rented.
- Exa Fleet Services Pvt. Ltd. will carry all necessary insurance associated with the Vehicles as required by applicable law.
- You represent and certify that you are familiar with the operation of the Vehicle, and you are reasonably competent and physically fit to use it. By choosing to use the vehicle, you assume all responsibilities and risks for any injuries and/or medical conditions. You are 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. You are advised to adjust your riding behavior and braking distance to suit all conditions and variables, including weather and traffic.
- You agree that the vehicles, and any equipment attached thereto, at all times, remain the exclusive property of Exa Fleet Services Pvt. Ltd. You 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. You must not write on, peel, or otherwise modify or deface any sticker on the vehicle. You must not use any vehicle for any advertising or commercial purpose.
- You 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.
- You agree that riding the Vehicle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to you or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided.
7.12. Subscriptions & Auto Renewals-
- Once you purchase the subscription plan according to your choice/requirement, Exa Fleet Services Pvt. Ltd. will not make any changes.
- Subscription plans are non-refundable. Exa Fleet Services Pvt. Ltd. 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.
- Indemnity & Limitation of LIability:
9.1. 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 Fleet Services Pvt. Ltd. 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.
9.2. The total liability of Exa Fleet Services Pvt. Ltd. under these terms and conditions shall in no event exceed the total Fees paid by the User in relation to the Services.
- Force Majeure
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 Fleet Services Pvt. Ltd. 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.
|Rs. 1000/- + damages (if any)|
Double hourly charges
- Representations & Warranties:
12.1. By using any of the Applications or Exa Fleet Services Pvt. Ltd.’s Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside 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, you must abide by such age limits and you must not use the Applications and/or Services.
12.2. 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, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
12.3. Your participation in using the Services and/or any of the Applications is for your sole, personal use. You may not authorize others to use your user account with Exa Fleet Services Pvt. Ltd. and you may not assign or otherwise transfer your user account to any other person or entity.
12.4. When using the Applications or Services, you agree to comply with all laws applicable in the jurisdiction(s) in which you are using the Applications, and in which your ride originates, terminates, and traverses.
- Application License:
13.1. Subject to your compliance with this Agreement, Exa Fleet Services Pvt. Ltd. grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on any mobile device or computer that you own or control and to run the Application solely for your own personal use. Exa Fleet Services Pvt. Ltd. reserves all rights in and to the Application not expressly granted to you under this Agreement.
13.2. In connection with the use of the Application and the Provider’s Services, the user agrees that he/she shall not:
(ii) modify or make derivative works based upon the Services or the Application;
(iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device;
(iv) 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
(v) 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.
13.3. 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 Fleet Services Pvt. Ltd. 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.
- Other provisions:
14.1. Users shall not attach any external fixtures/fittings or make any changes to the vehicle.
14.2. Users shall not undertake any repairs / replacement of any item of the vehicle.
14.3. Exa Fleet Services Pvt. Ltd. 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.
14.4. Users shall compensate Exa Fleet Services Pvt. Ltd. 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.
14.5. Exa Fleet Services Pvt. Ltd. expects its users to ensure the following to help us avoid safety issues:
(i) The user must ensure that all passengers wear safety belts or helmets.
(ii)The number of passengers must not exceed the seating capacity of the vehicle.
Exa Fleet Services Pvt. Ltd. reserves the right to fine or block a user due to non-compliance of the above.
14.6. Exa Fleet Services Pvt. Ltd. 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.
14.7. 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 Fleet Services Pvt. Ltd.
14.8. The User is required to maintain a minimum of 200 points in his/her Exa Fleet Services Pvt. Ltd. account.
- Governing Law & Jurisdiction:
All disputes and other matters arising between the User and Exa Fleet Services Private Limited 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 Fleet Services Pvt. Ltd. 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.
16.1. 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 Fleet Services Pvt. Ltd. shall be void and of no force and effect. Exa Fleet Services Pvt. Ltd. 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.
16.2. Waiver by Exa Fleet Services Pvt. Ltd. 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 Fleet Services Pvt. Ltd. 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.
16.3. Exa Fleet Services Pvt. Ltd. reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or the Exa Fleet Services Pvt. Ltd. platform at any time, effective upon posting of an updated version of this Agreement on the Services or Applications. As an User, you are responsible for regularly reviewing this Agreement. Continued use of the Services or Applications after any such changes shall constitute your consent to such changes.