Rental Agreement and Release and Waiver of Liability
Effective Date: June 18th 2018.
PLEASE BE SURE TO READ THIS AGREEMENT CAREFULLY AS IT SETS FORTH LEGALLY BINDING TERMS AND CONDITIONS REGARDING THE RENTAL OF VEHICLES PROVIDED BY THE OWNER.
1 PARTIES AND OBJECT OF THE AGREEMENT
In consideration of your use of any of the services provided by NARAVA TECHNOLOGY SOLUTIONS (OPC) PRIVATE LIMITED (NTS) (“Owner”), you as a renter (“Renter”)agree to all terms and conditions in this Rental Agreement and Release and Waiver of Liability (“Agreement”), as applicable.
The services provided by the Owner are composed of:
- parking locations for sharing vehicles (“Locations”),
- vehicles (“Vehicles”),
- discretionary charging of the Vehicle by the Renter per term 2.15 below, and
- all other related equipment, personnel, services and information provided or made available by the Owner.
The Renterobliges to:
- Pay the price of ₹180/- for a trip plus ₹5/- per every hour.
- Obey all applicable laws.
- Subject to all the other terms and conditions set out herein.
2 GENERAL RENTAL AND USE OF VEHICLE.
2.1 The Renter is a sole user.
By submitting to the Agreement, the Renter understands that when he/she activates a Vehicle from the Location, the Vehicle must be used only by him/her. The Renter must not allow others to use the Vehicle that he/she has activated from the Location.
2.2 The Renter must be at least 18 years old.
By submitting to the Agreement, the Renter represents and certifies that he/she is at least 18 years old.
2.3 The Renteris a competent vehicle operator.
By submitting to the Agreement,the Renter represents and certifies that he/she is familiar with the operation of the Vehicle, and is reasonably competent and physically fit to ride the Vehicle. By choosing to ride the Vehicle, The Renter assumes all responsibilities and risks for any injuries or medical conditions. The Renter is responsible for determining whether conditionsmake it dangerous to operate the Vehicle. The Renteris advised to adjust his/her riding behavior and braking distance in accordance with the weather, visibility, surrounding environment, and traffic conditions.
2.4 The Vehicle is the exclusive property of the Owner.
By submitting to the Agreement,the Renteragrees that the Vehicle and any equipment attached thereto, at all times, remain the exclusive property of the Owner. The Renter must not dismantle, write on, or otherwise modify, repair or deface the Vehicle, any part of the Vehicle, or other equipment in any way. He/she must not use the Vehicle, or other equipment for any advertising or similar commercial purpose.
2.5 The Vehicle operating hours and availability.
By submitting to the Agreement,the Renteragrees and acknowledges that hhe number of Vehicles is limited and the Vehicle availability is never guaranteed. The Vehicle must be rented within the maximum rental time limits set forth below.
2.6 The Vehicle may be used and/or operated only in metropolitan areas.
By submitting to the Agreement,the Renter agrees to only use, operate and/or ride the Vehicle in metropolitan areas.
2.7 The Renter must follow laws regarding the use and/or operation of the Vehicle.
By submitting to the Agreement,the Renter agrees to follow all laws pertaining to the use, riding, parking, charging and/or operation of the Vehicle, including all state and local laws and the rules and regulations pertaining to vehicles in the area where he/she is operating the Vehicle.
2.8 Prohibited acts.
By submitting to the Agreement,the Renter agrees to the following:
- He/she must not ride the Vehicle while carrying any briefcase, backpack, bag, or other item if it impedes his/her ability to safely operate the Vehicle.
- While riding the Vehicle, he/she must not use any cell phone, or any other device that may distract him/her from safely operating the Vehicle.
- He/she must not operate the Vehicle while under the influence of alcohol, drugs, medication, or any other substance that may impair his/her ability to safely operate the Vehicle.
- He/she must not transport a second person or child on the Vehicle.
- He/she may only use locking mechanisms provided by the Owner.
- The Vehicle must be parked at a lawful parking spot, i.e. the Vehicle cannot be parked on private property or in a locked area or in any other non-public space.
- The Vehicle must be parked in a visible space.
2.9 The vehicle is intended for limited types of use only.
By submitting to the Agreement,the Renter agrees that he/she will not use the Vehicle for racing, mountain riding, stunt or trick riding. The Renter agrees that he/she will not operate and/or use the Vehicle on unpaved roads, beyond normal urban riding, or in any location that is prohibited, illegal and/or a nuisance to others.
2.10 Weight and cargo limits.
By submitting to the Agreement,the Renterconfirms that his/her weight and weight of his/her cargo the doesn’texceed the maximum weight limit for the Vehicle (200 pounds).
2.11 No tampering.
By submitting to the Agreement,the Renter agrees not to tamper with, attempt to gain unauthorized access using, or otherwise use equipment other than for purposes of using the Vehicle pursuant to the Agreement.
2.12 Reporting of damage or crashes.
By submitting to the Agreement,the Renter agreesto report any accident, crash, damage, personal injury, stolen or lost Vehicle, to the Owner as soon as possible. The Renter shall file a report with the local police department within 24 hours. The Renter agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle.
2.13 The Renter’s responsibility for the Vehicle use and damage.
By submitting to the Agreement,the Renter agreesto return the Vehicle to the Owner in the same condition in which it was rented. The Renter will not be responsible for normal wear and tear.
2.14 Electric Vehicle.
By submitting to the Agreement,the Renter acknowledgesthat the Vehicle is an electric vehicle that requires periodic charging of its battery in order to operate. The Renter agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric vehicle and all of the limitations and requirements associated therewith.
The Renter understands and agrees with each of the following:
- The level of charge power remaining in the Vehicle will decrease with the use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).
- The level of charging power in the Vehicle at the time the renter initiates the rental or operation of Vehicle is not guaranteed and will vary with each rental use.
- The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions and other factors.
- It is the Renter’s responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle.
- The distance and/or time that the Renter may operate the Vehicle before it loses charging power is never guaranteed.
- The Vehicle may run out of charging power and cease to operate at any time during the Renter’s rental of the Vehicle, including before reaching the Renter’s desired destination.
2.15 Charging of the Vehicle.
By submitting to the Agreement,the Renter agrees that if the Vehicle runs out of charging power during a rental, he/she shall conclude the ride in compliance with all terms of the Agreement. Alternatively, in the Renter’s sole discretion, the Renter may charge the Vehicle by plugging its charging cord into an outlet that may be lawfully used for such purpose. The Renter agrees to follow all laws and rules pertaining to the charging of the Vehicle, including all state and local laws and all public and private rules and regulations pertaining to the area and to the property where the Renter is charging the Vehicle. By choosing to charge theVehicle, the Renter assumes full and complete responsibility for all related risks, dangers, and hazards, and he/she agrees that the Owner and all other Released Persons (as defined below in Section 4.1) are not responsible for any injury, damage, or cost caused by the Renter with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle.
3 PAYMENT AND FEES.
The Renter may use the Vehicle on a pay per ride basis or as otherwise in accordance with the pricing described in the app. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by the Owner. The Owner will charge the Renter’s credit, debit card or other agreed payment methods the amount of the fees as described in the Agreement.
3.2 Promo codes.
Promo codes (discounts) are one-time offers and can only be redeemed via Owner’s App. The Owner reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
3.3 Maximum rental time and charges.
Maximum rental time is 24 hours. When deactivated the Vehicle, The Renter may rent again. The maximum day charge is Rs 4,800 and is based on a calendar day. After return of the Vehicle, the Renter will be charged the accumulated rental charges, or the maximum day charge; whichever is less. Vehicles not returned (locked and a ride concluded) within 48 hours will be considered lost or stolen, and the Renter may be charged up to Rs 50,000 and a police report may be filed. The Owner may also charge a service fee of Rs 1,000 for rentals in excess of 24 hours where the Vehicle is not lost or stolen.
3.4 Valid credit card or debit card.
The Renter must input a valid credit or debit card number and expiration date before he/she will be registered to use the service. The Renter authorizes the Owner to charge the card for all fees incurred by the Renter. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by the Owner. The Renter shall immediately inform the Owner of all changes relating to the card.
3.5 Pick up fees.
If the Renter is unable to return the Vehicle to a valid area, and requests that the Vehicle be picked up by the Owner, the Owner, at its sole discretion, may choose to charge the Renter a pick-up fee up to Rs 200. If the Vehicle accessed under the Renter’s account is abandoned without notice, he/she will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus a service charge (currently Rs 200.00) to recover the Vehicle. Fees are subject to change.
4 RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK.
“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the services, including any of the Vehicles, equipment or related information, or (b) the Renter’s use of any of the foregoing.
“Released Persons” means, collectively the Owner and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns, and (ii) every sponsor of any of the services and all of the sponsor’s owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns. In exchange for the Renter being allowed to use any of the services, Vehicles, and other equipment or related information provided by the Owner, the Renter (acting for the Renter and for all of his/her family, heirs, agents, affiliates, representatives, successors, and assigns) hereby fully and forever releases and discharges all Released Persons for all Claims that the Renter ever had, now has, or may claim to have against any Released Person. 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 renter 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 Owner and/or the negligence of others.
The Renter hereby acknowledges and agrees that his/her use of any of the services, the Owner’s Vehicles, or related equipment is at his/her sole risk.
To the fullest extent permitted by law, and with respect to your use of any of the services, the Owner’s Vehicles, or related equipment, the Owner and all other Released Persons disclaim all express and implied warranties.
All of the services, the Owner’s Vehicles, and related equipment are provided “as is” and “as available” (and the Renter relies on them solely at his/her own risk).
The Owner and all other Released Persons do not represent or warrant that any of the services, the Owner’s Vehicles, or related equipment will be in good repair or error-free, and delays, omissions, interruptions, or inaccuracies could exist with respect to any of the services, RIDEABIRD® vehicles, or related equipment.
4.3 Limited Liability.
The Renter hereby acknowledges and agrees that, except as may otherwise be limited by law, the Owner and all other Released Persons are not responsible or liable for any claim, including those that arise out of or relate to (a) any risk, danger, or hazard described in this agreement, (b) the Renter’s use of, or inability to use, any of the services, vehicles, or related information, (c) the Renter’s breach of the agreement or the Renter’s violation of any law, (d) any negligence, misconduct, or other action or inaction by rider,(e) the Renter’s failure to wear a vehicle helmet while using a vehicle, or (f) any negligence, misconduct, or other action or inaction of any third party.
The Renter hereby waives all claims with respect to any of the foregoing, including those based in contract, tort, statutory, or other grounds, even if the Owner or any of the other Released Persons has been advised of the possibility of such claims.
The total liability of the Owner and all other Released Persons for all claims, including those based in contract, tort, statute, or other grounds, is limited to the sum of rs 50,000.
4.4 Assumption of risk by the Renter.
The Renter is solely and fully responsible for the safe operation of the Vehicle at all times. The Renter agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained, and that such malfunction may cause injury. The Renter agrees that riding the Vehicle and the services involve many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to the Renter or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. The Renter agrees that such risks, dangers, and hazards are the Renter’s sole responsibility. The Renter agrees that if his/her use of any of the services causes any injury or damage to another person or property, then the Renter may be liable for all resulting injuries, damages, and related costs. By choosing to ride the Vehicle, the Renter assumes full and complete responsibility for all related risks, dangers, and hazards.
The Renter will indemnify and hold the Released Persons harmless from all losses, suits, claims or other proceedings arising out of or relating to his/her use of Vehicles and any breach of the terms of the Agreement; provided, however, that Released Persons must notify the Renter as soon as practicable after the date notice of such loss, suit, claim or other proceeding is served on Released Persons directly or otherwise brought to the attention of Released Persons.
5.1 Safety check.
Before each use of the Vehicle, the Renter shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iv) good condition of the frame; (v) sufficient battery charge power; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. The renter agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service to alert the Owner of any problems.
5.2 Lost or stolen vehicle.
The Vehicle may be deemed lost or stolen if (a) the Vehicle is not returned within 24 consecutive hours, (b) the Vehicle’s GPS unit is disabled, (c) the Vehicle is parked on private property, in a locked area, or in any other non-public space for more than ten minutes after a ride ends, (d) the Vehicle moves more than thirty feet after a rental has ended and the Owner believes such movement was not caused by another Renter or authorized third party, or (d) other facts and circumstances that suggest to the Owner in its reasonable, good faith determination that the Vehicle has been lost or stolen. The Owner and the Renter agree that the last Renter of the Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise. to the Owner in its reasonable, good faith determination. If the Owner deems the Vehicle lost or stolen, the Owner shall have the authority to take any and all actions it deems appropriate (with respect to the last Renter of the Vehicle or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. The Renter must report the Vehicle disappearance or theft to the Owner immediately or as soon as possible.
The Owner recommends that all Renters wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. The Renter agrees that none of the Owner and its Released Parties are liable for any injury suffered by the Renter while using the service, whether or not the Renter is wearing a helmet at the time of injury. The Renter may need to take additional safety measures or precautions not specifically addressed in the Agreement.
5.4 Limitations on availability of service.
The Owner makes every effort to provide the service at all times, but does not guarantee that the service will be always available, as force majeure events or other circumstances might prevent the Owner from providing the service. Access to the service is also conditioned on the availability of Vehicles. The Renter agrees that the Owner may require the Renter to return the Vehicle at any time.
6 Term and termination.
The term of this Agreement begins when the Renter first uses the service, and the term ends 10 years after the Renter’s last use of the service; provided, however, that the Renter’s personal financial responsibility under the Agreement expires one year after the Renter’s last use of the service.
6.2 Termination by the Owner.
At any time and from time to time, and without the Renter’s consent, the Owner may unilaterally terminate the Renter’s right to use the service, in the Owner’s sole discretion and without any notice or cause. The Renter may terminate his/her use of the service at any time; provided, however, that (i) no refund will be provided by the Owner, (ii) the term of the Agreement continues in accordance with the Agreement, (iii) the Renter may still be charged any applicable additional fees in accordance with the Agreement.
8 Choice of law and dispute resolution.
The Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Andhra Pradesh. For every dispute regarding the Agreement: (i) each party consents to the jurisdiction of the courts of the State of California and agrees that those courts have personal jurisdiction over each party; (ii) venue must be in Visakhapatnam, Andhra Pradesh; and (iii) the parties must submit the dispute to mandatory mediation held in the State of Andhra Pradesh. The parties agree that any dispute will be first subject to mediation. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.
9 Waiver and severability.
No waiver of any breach of any provision of the Agreement is a waiver of any other breach or of any other provision of the Agreement. The provisions of the Agreement are independent of and separable from each other.
10 Modification by the Owner.
The Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. The Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Renter’s consent, the Owner may unilaterally amend, modify, or change the Agreement, in its sole discretion and without any notice or cause. By continuing to use any service after any amendment, modification, or change, the Renter has agreed to be bound by all such amendments, modifications, and changes. The Renter must carefully review the Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to the Agreement, the Owner will post a notification on the website. The pricing set forth on the website supersedes all pricing set forth in the Agreement.
11 Contract interpretation.
The headings in the Agreement do not affect the interpretation of the Agreement. “Or” is not be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
12 Voluntary execution of the Agreement.
The Agreement is entered into voluntarily and without any duress or undue influence on the part or behalf of the Owner. The Renter acknowledges that he/she (a) has read the Agreement; (b) understands the terms and consequences of the Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of the Agreement.
ACCEPTANCE OF THE AGREEMENT BY THE RENTER
I certify that I am the Renter, am 18 years old or over, and have read and expressly agree to the terms and conditions set forth in the Agreement.