Mobycy/Zypp Vehicle Rental Agreement
This User Agreement & Terms of Service (collectively, the “Agreement”) is a legally binding agreement between you (“You,” “Your,” or “User” or “hirer”) and BycyShare Technologies Pvt. Ltd. doing business as Mobycy/Zypp (“Mobycy/Zypp,” “We,” “Us,” or “Our”). This Agreement states the material terms and conditions that governs Your use of Our Services.
If Hirer is not the Rider of the Vehicle, it is Hirer's obligation to ensure that the Rider of the bike shall follow the terms strictly. Any failure from the Rider to follow the terms of this agreement shall make the hirer liable.
If BycyShare Technologies P Ltd (Mobycy/Zypp) notices at any time of the relationship that the Hirer/Rider, has committed or convicted or has pending charges or allegation of commission of offences, be it traffic norms or any other offences, then BycyShare Technologies P Ltd (Mobycy/Zypp) can terminate this agreement and decline to offer any of our services and take back possession of the vehicle at any point of time.
By accepting the terms and conditions you will be legally bound to follow all the below mentioned terms and conditions during your relationship with BycyShare Technologies P Ltd (Mobycy/Zypp). Without your acceptance of the terms and conditions, BycyShare Technologies P Ltd (Mobycy/Zypp) shall not be able to give on Hire any bike. If you, disagree to any of the terms of this agreement, please refrain from hiring the bike.
WHEREAS BycyShare Technologies P Ltd (Mobycy/Zypp) is in the business of providing motor vehicles, e-bikes, e-scooters, bikes and two-wheelers on hire.
WHEREAS the Hirer is eager to avail the services and take on hire a vehicle and he has filled the online form containing his address and contact details, and uploaded / or agreed to provide the identity proof, and other required details. The Hirer has selected the Vehicle (hereinafter referred to as the "Vehicle") by selecting the appropriate column in the Booking form. Hirer has chosen the expected time of Hire on the App. Hirer understood the tariffs and rates applicable. The Vehicle covers insurance for the risks listed in the Insurance policy taken by the company.
ASSURANCE BY THE HIRER
It is agreed that all risks associated during the custody of the vehicle is with Hirer. It is more specifically agreed further that in cases where vehicle is used in a manner which is not permitted under law or is in violation of any law, Hirer should assume absolute liability and Indemnify the owner from all statutory and other liabilities cast upon him.
Our Services are required of the following:
1) Our Product ZYPP, E- Scooter, E-Bike, Zypp-1, Zypp-2 etc, MotorBikes (“E- Vehicle”) are collectively referred to as “E-vehicles & e-Bikes.” and Vehicles are collectively referred to as “Products,” provided that additional terms and conditions set forth in Section 1.1 of this Agreement (including specific Eligibility Requirements) apply to Your use of Vehicles;
2) All other related equipment, maintenance, charging of the E-vehicles, personnel, mobile applications, other software and information provided or made available by Us; and
3) Our Website is available at www.mobycy.com, www.zypp.app (including any versions optimized for viewing on a wireless or tablet Device, Mobile Phone), Our mobile applications (the “App”) and any interactive features, and/or other services that We make available and that post a link to this Agreement.
This Agreement, together with all updates, additional terms, and all of Our rules and policies collectively constitute this “Agreement” between You and Us (Mobycy/Zypp).
We agree to allow You to rent the Products, subject to the terms and conditions set forth in this Agreement. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in India Rupees (INR).
RENTAL & USE OF MOBYCY/ZYPP PRODUCT (E-Vehicle)
1. RENTAL AND USE OF PRODUCTS.
(1.1) You are the Sole renter User of Mobycy/Zypp Services: Subject to Section A2 below regarding the limited use of Bikes by minors, You expressly agree that You are the sole renter and You are responsible for compliance with all terms and conditions contained in this Agreement. You understand that when You activate a Product, the Product must be used ONLY BY YOU. You must not allow others to use a Product that You have activated.
(1.2). You are At Least 16 Years Old : You represent and certify that You are at least 18 years old, and that You have a valid driver’s license (if required in your jurisdiction). With respect to Vehicles specifically, you must be at least 16 years old and meet the Eligibility Requirements. Rider certifies that s/he is at least 16 years old. the Service is subscribed for by and under the responsibility of the minor’s parent or legal guardian. By consenting use of the Service by a minor, the parent or legal guardian agrees s/he is fully responsible and liable for all injuries, damages, and costs and expenses arising from or related to the minor’s use of the service and guarantees, represents, and warrants: (a) the parent’s or legal guardian’s; and (b) the minor’s acceptance of and agreement and compliance with all terms and conditions of this Agreement as a Rider.
OPERATION OR USE OF ANY E-VEHICLES BY ANY MINOR IS EXPRESSLY PROHIBITED. IF YOU ALLOW A MINOR TO USE AN E-VEHICLE BY ACTIVATING IT THROUGH YOUR ACCOUNT, YOU SHALL BE RESPONSIBLE FOR ANY AND ALL MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN.
(1.3) Your Use of Vehicles: This Section applies that the certain geographic restrictions may apply with respect to Your rental and use of Vehicles can be used within the city.
(1.4). Rental and Use of Vehicles. (a) Use and Operation of Product (E- Vehicle). You certify and expressly agree that You are the sole renter, and will be the sole driver, of the Vehicle. You may not allow others to operate the Vehicle that You have activated.
(1.5) You agree to follow all laws pertaining to the use, riding and operation of the Vehicles (e.g., traffic laws, parking restrictions, alcohol and drug use). You agree that the Vehicles are the exclusive property of Mobycy/Zypp, and you may not tamper with, modify, repair, apply any form of decal or sticker to, or deface any Vehicle (or any part thereof) in any way. Mobycy/Zypp, or its third party contractors, monitors the location, charge and, odometer and other driving information of the Vehicle, and may collect information and data regarding your use of the Vehicle. You agree and acknowledge that Vehicles may not be available at all times. (b) Pick-up; Drop-off. Maximum rental time of a Vehicle is 60 hours. You agree that You will Return the Vehicle rental within 60 hours after that rental began. You may then rent again. When you are finished with the Vehicle, you simply return it to any Mobycy/Zypp parking spot which can be found in your App (Find Parking). You agree that You are solely responsible for being aware of any elapsed time related to timely deactivating any Vehicle. The maximum charge is based on a 60-hour period pursuant to the pricing set forth in the App. After return of the Vehicle, You will be charged the accumulated rental charges on basis of Mobycy/Zypp standard price, or the maximum 60- hour charge, whichever is higher. Vehicles not returned within 48 hours will be considered lost or stolen, and a police report may be filed against You. We reserve the right to take any other action needed and permitted by law, including holding you liable for the value of the Vehicle. Prohibited Conduct. You agree that you will not use the Vehicles: on any unpaved roads or in any location where their use is prohibited or illegal, for racing or stunts, for commercial purposes, such as ride sharing, or advertising services, while conducting any activities (including using any cellular telephone or text messaging device) that may distract You from safely operating the Vehicle ,while under the influence of alcohol, drugs, medication, or any other substance that may impair Your ability to safely operate the Vehicle; to tow or haul any trailers or other vehicles, or to carry cargo over 10 Kg; or (vii) in any manner that violates applicable law and/or in the commission of any crime. Damage, Vandalism, Lost Items. You agree to return the Vehicle to Mobycy/Zypp in the same condition in which such Vehicle was rented, normal wear and tear excluded. You agree that you will be responsible for the cost of repairing and replacing any Vehicle that you damage or cause damage to. Mobycy/Zypp is not responsible for loss of or damage to Your property or the property of others left at any time in or on any Vehicle or on Mobycy/Zypp's premises. Mobycy/Zypp may hold lost items for up to 90 days or as otherwise required by law, Reporting of Damage or Crashes. You must report any accident, crash, damage, personal injury, stolen or lost Vehicle to Mobycy/Zypp as soon as possible. If a crash involves personal injury, property damage or a stolen Vehicle, you must file a report with the local police department within 24 hours.
(1.6) Insurance Mobycy/Zypp will carry all necessary insurance associated with the Vehicles as required by applicable law.
(1.7) Payment of Fines; Fees. You agree to pay any fines, fees, penalties, impounding charges, court costs, traffic tickets, tolls and/or any other charges incurred by Mobycy/Zypp that result from your parking any Vehicle improperly, or as a result of your violating any law, rule, regulation, and/or ordinance while using a Vehicle. You agree that Mobycy/Zypp may, in its sole discretion, pay all tickets, citations, fines and/or penalties on your behalf directly to the appropriate authority, and You will pay us for what we paid to the appropriate authority or their designated agent(s) plus a reasonable administrative fee.
(1.8) You are a Competent Operator: You represent and certify that You are familiar with the operation of the Product, and You are reasonably competent and physically fit to use the Product. By choosing to use a Product, You assume all responsibilities and risks for any injuries and/or medical conditions, as detailed further below. 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 a Product. You are advised to adjust Your riding behavior and braking distance to suit all conditions and variables, including weather and traffic.
(1.9) Products are the Property of Mobycy/Zypp : You agree that the Products, and any Mobycy/Zypp equipment attached thereto, at all times, remain the exclusive property of Mobycy/Zypp. You must not dismantle, write on, or otherwise modify, repair or deface any Products, or any part of any of the Products, or any other Mobycy/Zypp equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Products in any way. You must not use any Products for any advertising or commercial purpose.
(2.1) Only Use Products Where Allowed: You expressly agree that You will only use the Products in areas where the Products are allowed by law, rule, regulation or ordinance. You agree that You will not use any Products in any restricted areas (such as cities that prohibit certain Products), and You assume all responsibility and liability for any operation of any Product in any restricted area, including, but not limited to, any fines or fees as a result of Your use of any of the Products in any restricted areas. Mobycy/Zypp reserves the right to charge You up to INR 5000, in Mobycy/Zypp’s sole and absolute discretion, if You use any of the Products in any restricted areas (additional terms may apply with respect to Vehicles, as set forth in Section 1.1 above).
(2.2) Compliance with Laws: You agree to follow all laws, rules, regulations, and/or ordinances pertaining to the use, riding and/or operation of the Products, including, without limitation, helmet laws.
YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY VIOLATION OF ANY LAWS, RULES, REGULATIONS, AND/OR ORDINANCES CAUSED BY YOUR USE OF THE SERVICES, INCLUDING IMPROPER RIDING AND/OR PARKING, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS, FEES (INCLUDING IMPOUNDING FEES CHARGED BY ANY LOCAL GOVERNMENT) AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICES.
(2.3) Payment of Fines, Fees and Administrative Fees:
(2.4) You agree to pay any fines, fees, penalties, impounding charges, court costs, traffic tickets, tolls, and/or any other charges incurred by Mobycy/Zypp, that result from You parking any Product improperly, or as a result of You violating any law, rule, regulation, and/or ordinance while using the Services.
(2.5) You agree that We may, in Our sole discretion, pay all tickets, citations, fines and/or penalties on Your behalf directly to the appropriate authority, and You will pay us for what we paid to the appropriate authority or their designated agent(s) plus a reasonable administrative fee. You agree and acknowledge that we cooperate with all federal, state, municipal and local officials charged with enforcing infractions to provide any information necessary as they may request or may otherwise be required.
(2.6) You authorize Us to bill You directly to the credit/debit card and/or other payment method You used to rent the Product.
(2.7). You authorize Us to contact You directly regarding any tickets, citations, fines and/or penalties incurred by You or assessed against Us or to Our Product while the Product was rented to You.
(2.8) In the event we use a third-party collection and or administrative agent to resolve any tickets, citations, fines and/or penalties, You agree to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest.
(2.9) You agree to indemnify and hold us harmless for any tickets, citations, fines, penalties and/or administrative fees incurred as a result of Your use of Our Services.
(3.1) Prohibited Acts: YOU EXPRESSLY CERTIFY AND AGREE THAT YOU WILL NOT:
(3.2) Use any cellular telephone, text messaging Device, portable music player, and/or any other Device that may distract You from safely operating any Product.
(3.3) Operate any Product while under the influence of any alcohol, drugs, medication, and/or any other substance that may impair Your ability to safely operate any Product.
(3.4) Carry any other person on any of the Products.
(3.5) Use locking mechanisms other than those provided by Mobycy/Zypp.
(3.6) Park any Product in a manner that does not strictly comply with all applicable laws, rules, regulations, and/or ordinances. You expressly agree that You are responsible for becoming familiar with any and all applicable laws, rules, regulations, and/or ordinances in the location that You are operating any Product.
(3.7) Park or place any Product in a manner that prevents Mobycy/Zypp from accessing it. If You violate this Section, Mobycy/Zypp may charge You up to 10000 INR, in Our sole and absolute discretion. Notwithstanding the foregoing, Your use of the Vehicles includes specific restrictions, as set forth in Section 1.4 above.
(3.8) Products are Intended for Only Limited Types of Use: You agree that You will not use any Product for racing, mountain riding, stunt, or trick riding. You agree that You will not operate and/or use any Products on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal and/or a nuisance to others. You agree that You will not use any Products for hire or reward, nor use any Products in violation of any law, rule, regulation, and/or ordinance.
(3.9) Weight and Cargo Limits : Except as otherwise set forth above in Section 1.4 with respect to Vehicles, You must not exceed the maximum weight limit for any Products (5 Kilogram) or the cargo carrier/basket on any Products (5 Kilogram), and You must not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment. You acknowledge that the front carrier/basket and/or back basket of any Product is intended for light goods only, and that You will not carry people or animals anywhere on any Product.
(4.0). No Tampering: 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.
(4.1) Reporting of Damage or Crashes : You must report any accident, crash, damage, personal injury, stolen or lost Product to Mobycy/Zypp as soon as possible at (Customer care no ). If a crash involves personal injury, property damage, or a stolen Product, You shall file a report with the local police department within 24 hours.
Assumption of Liability by You : YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICES.
(4.2) You are Responsible for Product Damage; Vandalism: You agree to return any Product to Mobycy/Zypp in the same condition in which such Product was rented. You agree that You will be responsible for the cost of repairing and/or replacing any Product that You damage and/or cause damage to. You will not be responsible for normal wear and tear of the Products. If You vandalize any Product, You shall be liable for up to $600 for each Bike, Up to 1Lakh for each Product.
(4.3) Availability and Usage of E-vehicles: You agree and acknowledge that E-vehicles may not be available at all times. E-vehicles require periodic charging of batteries in order to operate. You agree to use and operate E-vehicles safely and prudently.
(4.4) The level of charge power remaining in the E-vehicle will decrease with use of the E-vehicle (over both time and distance), and that as the level of charge power decreases, the speed and other operational capabilities of the E-vehicle may decrease (or cease in their entirety).
(4.5) The level of charging power in the E-vehicle at the time You initiate the rental or operation of E-vehicle is not guaranteed and will vary with each rental use.
(4.6) The rate of loss of charging power during the use of the E-vehicle is not guaranteed and will vary based on the E-vehicle, road conditions, weather conditions and/or other factors.
(4.7) It is Your responsibility to check the level of charge power in the E-vehicle and to ensure that it is adequate for the ride before initiating operation of the E-vehicle.
(4.8) Mobycy/Zypp does not guarantee the distance and/or time that You may operate any E-vehicle before it loses charging power completely. The E-vehicle may run out of charging power and cease to operate at any time during Your rental of the E-vehicle, including before reaching Your desired destination.
PAYMENT AND FEES.
(4.9) Fees: You may use the Products on a pay per ride, Subscription & plans 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 and/or state government charges, which may be charged and collected by Mobycy/Zypp. Mobycy/Zypp will charge Your credit card or debit card (collectively, Your “Card”) or other agreed payment methods the amount of the fees as described in this Agreement.
(5.0) Promo Codes: Promo codes (“Discounts”) are one-time offers and can only be redeemed via the App. Mobycy/Zypp 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.
(5.1) Maximum Rental Time and Charges: Maximum rental time is 60 hours. You agree that You will deactivate the Product rental within 60 hours of time that rental of the Product began. You may then rent again. You agree that You are solely responsible for being aware of any elapsed time related to timely locking any Product. The maximum charge is Up to 3000INR for any Bike, and 5000 INR Up to for any E-vehicle, all based on 60-hour period. After return of the Product, You will be charged the accumulated rental charges, or the maximum 60-hour charge; whichever is higher. Products not returned (locked and a ride concluded) within 60 hours will be considered lost or stolen, and You may be charged up to 3000 INR - for each Bike, 5000 INR for each Product and a police report may be filed against You. We may also charge a service fee. of 2000 INR, in Our sole discretion, for rentals in excess of 60 hours where the Product is not considered lost or stolen.
(5.2) Valid Credit Card or Debit Card: You must input a valid Card number and expiration date before You will be registered to use the Services. You represent and warrant to Mobycy/Zypp that You are authorized to use any Cards You furnish to Mobycy/Zypp. You authorize Mobycy/Zypp to charge the Card for all fees incurred by You. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Mobycy/Zypp. If You dispute any charge on Your Card account, then You must contact Mobycy/Zypp within 10 business days from the end of the month with the disputed charge, provide to Mobycy/Zypp all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. You agree to immediately inform Mobycy/Zypp of all changes relating to Your Card.
(5.3) Pick Up Fees: If You are unable to return any Product to a valid area ( i.e., You deactivate a Product on private property, a locked community, and/or any other unreachable area), and request that the Product be picked up by Mobycy/Zypp, then We, in Our sole and absolute discretion, may charge You a pick-up fee up to 1000 INR. If any Product accessed under Your account is abandoned without notice, You will be responsible for all fees until the Product is recovered and deactivated, plus a service charge of up to 2000 INR, to recover the Product. Fees are subject to change in Mobycy/Zypp’s sole and absolute discretion, and without notice to You.
TERMS APPLICABLE TO SUBSCRIPTIONS AND AUTORENEWALS.
(5.4) Generally: To purchase access and use of any subscriptions offered through the Services, You must be at least eighteen (16) years of age or the applicable age of majority in Your jurisdiction of residence. Prior to the purchase and/or rental of any Products or Services, You must provide us with a valid Card number and associated payment information including all of the following: (i) Your name as it appears on the Card, (ii) Your Card number, (iii) the Card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge Your Card or otherwise use a valid gift card. By submitting that information to us or our third party credit card processor, You agree that You authorize us and/or our processor to charge Your Card at our convenience but within thirty (30) days of Card authorization. For any product or service that You order on the Services, You agree to pay the price applicable (including any sales taxes) as of the time You submit the order. Mobycy/Zypp will automatically bill Your Card or other form of payment submitted as part of the order process for such price. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in this Agreement will be disclosed at Your sign-up or in other communications made available to You. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend Our offered membership plans.
(5.5) Subscription Term & Termination: Once you purchased the subscription plan according to your choice/requirement. Mobycy/Zypp will not be make the changes and also subscription plans are not refundable. Mobycy/Zypp will provide all the benefits which are included in subscription plan.
(5.6). Assumption of Risk by You : YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, PRODUCTS, AND/OR RELATED EQUIPMENT, IS AT YOUR SOLE AND INDIVIDUAL RISK, AND THAT MOBYCY/ZYPP AND THE RELEASED PERSONS ARE NOT RESPONSIBLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, PRODUCTS, AND/OR RELATED EQUIPMENT, AND THAT YOU ASSUME SUCH RISK.
(5.7) You are solely and fully responsible for the safe operation of the Products at all times.
(5.8) You agree that the Products are machines that may malfunction, even if the Products are properly maintained, and that such malfunction may cause injury.
(5.9) You agree that riding the Products 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.
The Hirer shall abide by the following
a) The Vehicle shall be used fully complying with the Motor Vehicle laws, traffic rules notifications, and other general laws.
b) The driver of the vehicle will have a valid driving license and a copy of the driving license or Aadhar card of the rider will be provided to BycyShare Technologies P Ltd (Mobycy/Zypp).
c) Rider shall follow all safety precautions including wearing of helmet that is mandated under the Motor Vehicle Act for high speed vehicles and for their own safety on low speed vehicles too. Hirer is aware of the all the rules mentioned in the Motor Vehicle Act and refrain from;
i) Ride with more than one person as pillion is prohibited.
ii) Use / ride the vehicle under the influence of alcohol/drugs.
iii) Ride while using electronic gadgets like radio/ music, video , camera, phone by the rider or the pillion.
iv) Using vehicles to carry unlawful/ hazardous or prohibited material.
v) Using any battery, fuel other than how it is prescribed for the select model
d) The Rider shall follow 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 law such as, over speeding, jumping a signal, riding with two pillions, riding without a helmet in case of high speed vehicle, parking illegally etc., the member has to pay all the fines/penalties. If any case is registered by the police authorities against BycyShare Technologies P Ltd (Mobycy/Zypp), being the owner or permit holder of the vehicle, the Hirer has to compensate BycyShare Technologies P Ltd (Mobycy/Zypp) all costs, fines and legal fees incurred.
e) If the rider over speeds beyond the limit set as per the traffic rules or any other laws, BycyShare Technologies P Ltd (Mobycy/Zypp) shall not protect the hirer from any loss or damage to the vehicle, himself and the third party through the insurance that it has and the hirer shall personally be liable for all the loss or damages caused.
f) BycyShare Technologies P Ltd (Mobycy/Zypp) shall also impose a fine of Rs. 200 per breach of speed beyond 70 kmph for bikes 110cc and below and speed beyond 90 kmph for bikes 111cc and above during the tenure of the ride on the hirer. BycyShare Technologies P Ltd (Mobycy/Zypp) shall also have the right to blacklist the rider at its discretion.
g) The Vehicle shall not be used for transportation of goods and should not carry any luggage more than what is stipulated under any provisions of law.
h) The Vehicle shall be returned without any damage.
i) If there is any damage to vehicle, BycyShare Technologies P Ltd (Mobycy/Zypp) can charge the amount equal to cost of the bike/cost of repairing the bike that is not covered by the Insurance Company and additionally loss of revenue if any to company. In the event of an accident, BycyShare Technologies P Ltd (Mobycy/Zypp) shall claim Insurance only if the estimated damage is more than Rs.5000 .The Hirer shall be liable to pay the full value of damages, if its below the said limits. In case of the damage being more than the said limits, the hirer has to pay a fine of Rs.10,000 or cost of expenses whichever is higher. Company shall claim Insurance and the differential amount between the amount settled and the Invoice amount shall be adjusted from the above deposit. The hirer shall also be liable for loss of rental during the period the vehicle was down. The hirer shall also provide a written statement explaining the incident of the accident along with clear details of the location, time, third party/property damage, police complaints resulting from such accident. The hirer on return of the ride shall also provide a crossed cheque in the name of BycyShare Technologies P Ltd (Mobycy/Zypp) which shall be used to settle the amount that is not approved by the Insurance Company and Loss of Rental. The hirer shall not issue stop payment request to his banker on such cheque issued. The Cheque will be returned if the hirer chooses to settle in any other mode of payment.
i. For keyless bikes, vehicle shall be dropped in Parking Zones only. Any deviation from this might lead to a penalty. Also, vehicle should be used within the city limits as defined by App. Any vehicle dropped outside of these limits will lead to a penalty of upto Rs.5000
ii. For hourly rentals, the Vehicle can be used only in the permissible city boundaries. If the Hirer/ Rider is using the vehicle beyond the areas then the same shall be intimated in advance by writing on email.
k) All accidents, damages to vehicle, summons or notices issued by police or by court in relation to acts while the vehicle was under the custody of the Hirer shall be intimated within one Hour of such incident to email@example.com. The Hirer shall also report in writing, the entire events in minutest detail regarding the accident. Any police cases shall be reported to BycyShare Technologies P Ltd (Mobycy/Zypp) immediately. Any misstatement or concealment is an offence. BycyShare Technologies P Ltd (Mobycy/Zypp) shall not protect the hirer with the its insurance if the hirer doesn't follow the above instructions.
l) If any authority has penalized or fined, the driver or the vehicle owner in relation to Rider's usage of the Vehicle or while in his/her custody, the Hirer shall pay the compensation of such penalty awarded by such authority along with legal costs to BycyShare Technologies P Ltd (Mobycy/Zypp)
m) The Hirer has verified the condition of the bike before hiring and is satisfied with the condition of the Vehicle. The Hirer shall not hold BycyShare Technologies P Ltd (Mobycy/Zypp) or any other person associated, responsible for any loss of life or property due to the condition of the Vehicle. Also, in cases of flat tyre (Puncture), BycyShare Technologies P Ltd (Mobycy/Zypp) shall not be responsible for refund of any kind incurred to fix the same.
n) Hirer/ Rider can not use the vehicle for any type or speed contests or competitions or racing and adventurous activities. You shall not use the Vehicle for Any or all type of stunts causing danger to yourself or to the pillion or fellow travellers/public.
o) Use of the Vehicle in any manner that causing excessive wear and tear to the vehicle parts is prohibited. BycyShare Technologies P Ltd (Mobycy/Zypp) shall penalize the hirer if it is found that the hirer has caused excessive wear and tear to the vehicle.
p) Attaching any external fixtures or fittings to the Vehicle is not allowed. You are not allowed to do any repairs, replacement of any item of the Vehicle.
q) Hirer will compensate the company for all damages caused to the Vehicle. In case of accidents to the Vehicle the cost of towing the vehicle from the place of accident to the service station and all other Amounts, which includes damage to the property of third party and third party have to be paid by the Hirer.
r) If the accident or damage to the vehicle has caused due to violation of any rules or riding requirements mentioned herein, then the Hirer has to give the entire cost of repair of the vehicle, damages caused to third parties and compensation required to be aid to the victim.
s) If the hirer returns the bike beyond the plan time specified in the app he shall be charged as per normal rental plan.
t) Cancellation policy*: If we cancel the booking due to break down, non availability of the bike or any other reason then we provide 100% refund of the rentals received.
u) If a confirmed Item/bike is unavailable post confirmation of the order, We will inform you of such unavailability, however there would be times when such an information would not be possible due to fact its beyond our control,
We reserve Our sole right to cancel Your booking if*:
of the Items /bikes ordered/ booked OR Failure due to reasons beyond
Our reasonable control, due force majeure events including but not
limited to acts of God, floods, fire, earthquake, acts of terrorism,
war, strikes, legislation or restriction by any government or other
Also that we operate with machines i.e. e-scooters which might break down or the previous user might not ride well or there can be an accident which has resulted in the bike not being available. In these situations but not limited to the ones mentioned, refund to the extent of money received would be made.
w) Crossing the State Boarder :The rider has to inform BycyShare Technologies P Ltd (Mobycy/Zypp) in advance whenever he is intending to go to other states. The rider has to ensure that he takes the necessary approval at the check post and pay the permit fee before he enters the other state. Company will not be responsible for any damage to life and property if the necessary permits are not taken while entering another state. BycyShare Technologies P Ltd (Mobycy/Zypp)'s Insurance will also not be valid if the necessary permits are not taken by the rider while crossing the border.
x) Documents to be submitted *:The following would be the documents that need to be submitted for renting the bike-
Valid driver's license to ride a vehicle with or without gear, in India. (For international visitors, a valid driving license from their home country with International Driving Permit is necessary along with a valid Visa. Original to be brought, copy will be retained for record.)
1. A copy of your Original Aadhar Card (OR) Driving License and corporate ID.
2. 1 Rupee swipe with either your debit or credit card (not mandatory if condition (1) is satisfied.)
Note: Mobycy reserves the right to hold back the service if the documents submitted are not satisfactory.
y) Age limit: Hirer shall ensure that rider has to be at least 16 years of age to ride the bikes.
z) Mechanical failure/breakdown/cleanliness/maintenance during the ride *: In case of a breakdown, the Rider/ Hirer has to immediately intimate Mobycy/Zypp about the same and the location and kind of defect. Mobycy/Zypp will send a mechanic or provide a necessary guidance to repair or rectify the fault so that you can get on with your ride as soon as possible. However, Mobycy/Zypp is not assuring a definite timeline for repair, the same is depending on the location of the vehicle and kind of failure of the vehicle, availability of the mechanic, spare parts etc. As mechanical failure is unpredictable and Hirer is hiring the vehicle with complete knowledge that it is susceptible for mechanical failure of breakdown.
za) If not covered by the insurance of the vehicle, BycyShare Technologies P Ltd (Mobycy/Zypp) is not responsible for any damage to, loss or theft of, any personal property belonging to Hirer, or for delay due to mechanical failures, accidents due to mechanical failures, regardless of fault or negligence of the vehicle or BycyShare Technologies P Ltd (Mobycy/Zypp).
General Terms relating use of the Vehicle
- The Hirer has to pick up the vehicle from the location that is specified in his booking order and has to return the vehicle in the same working condition as before at the same location in time.
- The Hirer is strongly advised to inspect the vehicle before riding them for any physical or noticeable mechanical defects or flaw found on/in the vehicle. The Hirer has to bear all the cost of replacement pertaining to any damage to the vehicle loss of tools and spare parts kept in the vehicle. Any type of damage happened to the vehicle during the ride should be intimated to Mobycy/Zypp while returning the vehicle.
- The Rider is duty bound to inform BycyShare Technologies P Ltd (Mobycy/Zypp), if he/she notice any abnormality in riding comfort, conditions, maneuverability, excess vibrations, uneasiness etc.
- If vehicle is stolen during your trip, then you have to immediately inform the local authorities as well as BycyShare Technologies P Ltd (Mobycy/Zypp) without any delay. An FIR shall be filed with the local Police Station. BycyShare Technologies P Ltd (Mobycy/Zypp) shall provide all necessary assistance and the hirer shall provide complete co-operation to fulfill the formalities.
BycyShare Technologies P Ltd (Mobycy/Zypp) respects privacy of Hirer as far as possible. Hirer however agree that the following personal information of the Hirer and the Rider could be used by Mobycy/Zypp for the following. The personal information that will be collected and used: a)The name, b) address, c) contact numbers, d) email id, e) gender f) age, g) driving license details h) address proof and i) identity proofs. The information should be used for the following. a) share with relevant government agencies if asked to furnish any data. b) to render support in case of an accident or hospitalization with local people, police, social workers, mechanic, hospital, relatives or friends of the Hirer/ rider necessary to get support in case of any accident to the person c) use this information for promotional purposes, giving offers and benefits given to the customers of BycyShare Technologies P Ltd (Mobycy/Zypp), d) inform you the developments in the business, e) sell items and goods offered by Mobycy/Zypp f) analyse the use patterns for providing better business offerings.
- In order to avoid theft of our vehicles, we obtain the location of each and every vehicle that is in the field. Please note that in this process BycyShare Technologies P Ltd (Mobycy/Zypp) could identify your location in a given point of time.
i) Referral bonus, signup bonus and cashback: Offers terms apply
ii) Helmet Subscription:
a. Mobycy/Zypp will not be liable for the quality of the helmets provided under the Helmet Subscription feature. The company will thus not be liable for any damages or claims made.
b. Any refund requests made will be processed only if the helmet is returned in usable condition. Mobycy/Zypp Adventure Services Pvt or its representative reserves the right to decide if the returned helmet is eligible for a refund.
c. The refunds will be processed back to the source.
d. The refund can be claimed within 3 months of receiving the helmet.
e. In case the helmet is not returned, the entire deposit amount would be forfeited after the expiry of the said 3 months.
(10.0) UNDERTAKING AND INDEMNITY :
a) The Hirer hereby undertakes and acknowledges that any claim, damages, liabilities that may arise during the custody of the vehicle by the Hirer shall be his/her own responsibility and if any such claims arise against the owner of the Vehicle, the same shall be defended at the cost of the Hirer, and if any court, magistrate, police, executive, or judicial action imposes any penalty, fine, damages, or compensation in relation to the use of the vehicle by the Hirer or for any other incident that happens while the Vehicle is under the custody of the Hirer, shall be paid or borne by the Hirer. The responsibility of the Hirer for such claims includes claims from third parties, passengers or himself/herself or their respective legal heirs for all activities that are undertaken while the vehicle is in the Hirer's custody.
b) The Hirer shall, at its expense, defend, indemnify, and hold BycyShare Technologies P Ltd (Mobycy/Zypp) and its officers, directors, agents, employees, and consultants harmless for damages, liabilities, claims, losses, costs, demands, suits, actions, and reasonable expenses (including attorneys' fees and settlement costs) (collectively, "Damages") arising out of or related to any suits or claims by a third party brought against BycyShare Technologies P Ltd (Mobycy/Zypp) regarding any actions or inactions alleged or arising out of the use or non-use of the vehicle while under the custody of the Hirer.
c) Despite any provisions in the Motor Vehicles Act or rules, the Hirer has assumed the above liability and agreed to indemnify the owner for all liabilities on the owner of the vehicle in relation to the use of the vehicle by the Hirer any one under him or while the vehicle is in his/her custody.
d) The Hirer 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 by the Hirer.
e) The rights granted to the Hirer under this Agreement are not assignable or transferable, in whole or part. The hirer is allowing another rider to ride the vehicle, then details of the Rider should be intimated to BycyShare Technologies P Ltd (Mobycy/Zypp) in advance with copies of his/her driving license.
(11.0) OFFERS AND PROMOTIONS:
Mobycy/Zypp reserves the right to suspend your account and/or revoke any and all promotions or credits at any time if we feel they were earned inappropriately or in violation of the applicable promo code terms or the terms of service applicable to you.
Offers and promotions credits usage and validity terms and conditions can be updated without any prior notice by Mobycy/Zypp. The terms and conditions valid while booking the bike will be applicable and will precedent all previous terms and conditions.
(12.0) NO AGENCY: Hirer will never be deemed to be BycyShare Technologies P Ltd (Mobycy/Zypp)'s agent, servant, or employee in any manner for any purpose whatsoever.
(13.0) DISPUTE RESOLUTION / ARBITRATION:
In the event of any dispute or difference arising between the parties with regard to the rights and obligation under this agreement or as to any claim, monetary or otherwise or as to the interpretation and effect of any terms and conditions of this agreement, the same shall be referred to arbitration; and such Arbitration shall be governed by the Indian Arbitration and Conciliation Act, 1996 for the time being in force. The venue for such Arbitration shall be Bangalore, India.
(14.0) GOVERNING LAW & JURISDICTION :
This terms and conditions and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the laws of India and the Courts of Gurgaon shall be the competent court of jurisdiction.
(15.0) Key Terms and Conditions is a summary of the original Member's Agreement on Mobycy/Zypp
Member should alone be the rider of the vehicle.
Member should have a valid driving licence.
Member should not be under the influence of alcohol or any illegal drugs while riding.
Member and pillion rider should always wear helmets.
Member should read the fee policy on App and agrees to the same before ride.
Member is responsible for damages, accident costs, scratches, traffic violations and any other government penalties at the time of hire.
This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties relating to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
The Hirer read and understood the above terms and Agree to abide by it.
RIDER ACCEPTANCE OF AGREEMENT
I certify that I am the Rider, I am 16 years old or over, and I have read and expressly agree to the terms and conditions set forth in this Agreement.
I certify that I am the Parent and/or Legal Guardian of the Rider, who is at least 16 years old, and I am 18 years old or over. I have read, and I expressly agree to, the terms and conditions set forth in this Agreement and authorize the use of the Service by the minor Rider.
We accept digital acceptance of this agreement as a sign off from user.
If you encounter any problem using Mobycy/Zypp, you can report it with the application by click custom Feedback. We encourage you to submit your comment. Besides, you can contact us by emailing us at firstname.lastname@example.org or by calling us at customer care number mentioned on app (0124-4789888, 9205946214) between 9AM to 9AM on weekdays.
ALL RIGHTS RESERVED.