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ZYPP ELECTRIC RENTAL AGREEMENT AND GENERAL TERMS & CONDITIONS

*In order to rent a Scooter, you must have a VALID DRIVER'S LICENSE.

*NO CASH PAYMENT shall be made to any person at any point by the Rider for in relation to the Rental Plan and related services as mentioned herein.

Before you make any payments, please read this agreement carefully. It sets forth the legally binding terms and conditions for your use of the Services (as defined below), will affect your legal rights, and will limit or eliminate your ability to bring future legal actions.

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 Pvt Ltd (Zypp Electric). Without your acceptance of the terms and conditions, BycyShare Technologies Pvt Ltd (Zypp) shall not be able to give on Rent any Scooter. If you, disagree to any of the terms of this agreement, please refrain from renting any Scooter.

PREAMBLE

WHEREAS BycyShare Technologies Pvt. Ltd. (Zypp Electric) is in the business of providing, e-bikes, e-scooters, and two-wheelers on Rent and last mile delivery services.

WHEREAS the Rider is eager to avail the services and take on Rent a Scooter 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 Rider has selected the Scooter (hereinafter referred to as the "Scooter") by selecting the appropriate column in the Booking form. Rider has chosen the expected Rental Plan on the App. Rider understood the tariffs and rates applicable. The Vehicle covers insurance for the risks listed in the Insurance policy taken by the company.

This Agreement, together with all updates, additional terms, and all of our rules and policies collectively constitute this "Agreement" between You and Us (Zypp Elecric).

In consideration of your use of any of the Services provided by Bycyshare Technologies Private Limited ("Zypp Electric" /"we" /"our" / "us"), Zypp Electric requires that you ("Rider"/"you"/ "your") agree to all terms and conditions in this Zypp Electric Rental Agreement ("Agreement").

We reserve the right, in our sole discretion, to unilaterally amend, modify, or otherwise change this Agreement at any time. We will post a revised version of this Agreement on our website or mobile application (collectively, the "App"). Your continuing use of the Services after a revised version of this Agreement is posted, constitutes your agreement to such revised Agreement. If you do not agree with the revised version of the Agreement, you must stop using our Services. You agree to carefully review this Agreement on the App periodically, and agree that each time you rent a Scooter (as defined below), the then-current version of the Agreement as posted on the App will apply.

1. SERVICES GENERALLY

  • The "Services" provided by Zypp Electric under the Rental Plan (Plan as mentioned on the App) are composed of several elements, including (1) automated self-serve rental system of Zypp Electric scooters ("Scooter" or "Scooters") with 100 km running capacity in single charge (subject to best use and under best circumstances ) and 2 batteries, (2) discretionary charging of the Scooter by Rider through the Zypp Electric charger and (3) running/ maintenance repair and services as per terms mentioned herein (4) 24*7 Roadside Assistance (5) other related equipment, personnel, services and information provided or made available by Zypp Electric. The Services are provided by Zypp Electric only within the city or location in which you rent the Scooter ("Location"). You agree and acknowledge that you are renting the Scooter and that Ownership and Title of the Scooter remains with Zypp Electric at all times, whereas you shall only have the right to use the scooter under the brand name of Zypp Electric subject to the terms mentioned herein, you further agree and acknowledge that Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when you rent a Scooter, that Scooter shall be used by you only, and you shall not allow other users to use the Scooter that you have rented. The Scooters shall be rented by and used by individuals at least 18 years of age only and subject to the laws of the Location. If you falsify or misrepresent your age, you and your legal guardian shall bear full responsibility for all Claims (as defined below) related to such misrepresentation. The Rental Plan Services are subject to availability of Scooters and fulfilment of the terms of this agreement.

2. FEES

  • We agree to rent to you, and you agree to rent from us, the Scooters through the Services subject to the terms and conditions of this Agreement and at a Rent in accordance with the Rental Plan plus GST as set forth on the Site and/or Application, which are subject to applicable sales taxes and other local government charges and which may be modified from time to time at our sole discretion. The rates may vary between Locations and will be provided to you through the App when you start your rental. The Rider shall pay the Total Rent Fee (as described in Clause 4 below) for the Rental Period as per the Rental Plan at the time of renting the Scooter. Whereas the Rider shall deposit an amount of Security Deposit with us at the time of availing the Rental Plan (as mentioned on the App). Any payment of Rent Fee, Security Deposit, service cost, mechanic charge, repair cost, and any or all charges, etc in relation to this Service shall be payable through Zypp Wallet (Zypp Wallet is a secure digital/mobile wallet that you can use for multiple purposes within the Zypp App. It is like digital cash that you can utilize for any kind of consumer payment within the application framework with maintaining minimum balance as mentioned in the App).
  • During the Rental Period, Rider at all given time shall agree to maintain a minimum balance of pre-allocated Security Deposit in his/her Zypp wallet. If the rider fails to do so Zypp Electric holds to the right to terminate the rental period from that very moment and lock the Scooter with immediate effect of non-maintenance of minimum balance. All amounts due and payable to us will be charged to your Zypp Wallet. In the event that the credit or debit card charges are not paid to us, other collection procedures may be employed. You agree to pay all of our costs of collection, including, without limitation, reasonable attorneys' fees, if you do not pay amounts owed hereunder when due. If your Zypp Wallet balance goes below the agreed amount of Security Deposit and subsequently you do not top-up the Zypp Wallet balance to match the amount of Security deposit, we reserve the right to automatically lock the Scooter.

3. RIDER'S REPRESENTATIONS AND WARRANTIES

  • You understand and agree that the purpose of the Services is to provide time-bound access to Scooters and that your use of a Scooter shall not exceed the duration of the Rental Plan you have paid for, as we may inform you at the time you rent the Scooter. Any Scooters not returned within 2hours of the completion of the Rental Period (as mentioned on the App) will be deemed stolen or lost. And Zypp Electric have all the rights to lock the scooter from backend. Rider shall have the absolute liability of the Scooter till the time Scooter is not returned to us. You assume full responsibility for care of the Scooters during the period of time you rent the Scooters.
  • If the Scooter is damaged, stolen, impounded by court, police, state or central authority and /or any government authority/ department, lost or is subject to any offence, accident or any dispute during the Rental Period, you shall be absolutely liable for the recovery of damaged, stolen, or lost scooter and in case of non- recovery you shall be liable to compensate Zypp Electric with the full cost of Scooter and related accessories as the case may be, however Zypp Electric may at its own discretion help you with the recovery at your cost and immediately report any such damage, stolen or lost Scooter or battery to us using the App. You shall compensate Zypp Electric if the Scooter (inclusive of all parts and not limited to the outer body of the Scooter) and/or battery is damaged (excluding damage from normal wear and tear), stolen, or lost during the Rental Period. Amounts due for a damaged, stolen, or lost Scooter or battery will be charged from the Zypp Wallet If the Scooter or battery is damaged, you will be charged the cost to repair damages, as determined by us and our affiliates at our sole discretion, when the damages are reported to or discovered by us. You hereby authorize us to charge your Zypp Wallet and/or credit or debit card for all fees incurred by you as well as such amounts due in relation with any overdue, damaged, stolen, or lost Scooter or battery, and we may, at our sole discretion, place an authorization hold on your credit or debit card to cover any such amounts. If you dispute any charge on your account, then you must contact us within ten days of your receipt of your statement containing the disputed charge.
  • We respect your right to dispute any charge on your credit or debit card; however, we reserve the right to challenge such disputes and to cancel your authorization to ride our Scooters and to terminate your account if your disputes is abusive, unreasonable or excessive.
  • Your Use of Scooter: This Section applies that the certain geographic restrictions may apply with respect to your rental and use of the Scooter can be used within the specified location by our team.

OPERATION OR USE OF SCOOTER BY ANY MINOR IS EXPRESSLY PROHIBITED. IF YOU ALLOW A MINOR TO USE THE SCOOTER 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.

4. SUBSCRIPTIONS FOR RENTALS

  • The Rental Fee (or subscription fee) is the fee at the time you choose your subscription plan on the App (we reserve the right to change subscription fees periodically, and we do not provide price protection or refunds in the event of a price drop or promotional offering). We will automatically bill and charge you at the beginning of the term of your subscription.
  • If available in your area, you may rent a Scooter on an agreed schedule published in the Application by paying the subscription or rental fee. Your subscription will begin on the date of full payment (Rental Fee and Security Deposit) is received and your subscription will continue till the Rental Period. You can subscribe for up to 1 Scooter at a time. You may also subscribe for additional batteries by paying the additional fees provided in the App.
  • We may offer a variety of subscription plans, including free trials, discounted pricing for limited times or special third-party promotional plans that may have different or additional terms disclosed to you on the App when you signed up for the subscription. Some of these are offered by third parties, and we are not responsible for their products and services.
  • We reserve the right to modify, terminate or otherwise amend any subscription terms.
  • We may cancel your subscription for any or no reason at any time after communicating to you. You may also terminate the services, but if it's in the middle of your subscription term, you will not receive a refund for unused portions of the term and it may mean you forfeit any rental fee, that you have paid. We may also cancel your subscription if you fail to pay amounts due, or if you are in material breach of the terms of this Agreement.
  • Security Deposit is refundable subject to deductions of service cost, mechanic charge, repair cost, and any or all charges, etc in relation to this Services as per the terms of this Agreement.

5. RENTAL, INSPECTION, USE OF SCOOTER, PLAN RENEWAL AND RETURN OF SCOOTER

  • Rider acknowledge that at the time of taking the Scooter, he/she have duly inspected and approved the Scooter to its satisfaction. You further agree to treat the Scooters with due care. You are responsible for loss or damage to any Scooter rented by you due to theft, mysterious disappearance, or any other cause, other than ordinary wear and tear.
  • Before using a Scooter, you shall conduct a basic safety inspection of the Scooter, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv)sufficient battery charge power; and (v) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need.
  • You agree not to ride the Scooter if there are any noticeable issues, and to immediately notify Zypp Advisors of Zypp Electric about the problem. If you discover a defect during your rental, you agree to promptly and safely stop riding the Scooter and to report it to us prior to the end of your rental. The App has a triangle button feature on the map screen that enables defect reporting, and it will also prompt you to report any defects after conclusion of the rental.

    If you leave a Scooter unattended at any time for any reason, you are responsible for securing and locking the Scooter through the App to protect against theft of the Scooter. You agree to ensure that when the Scooter is locked through the App

  • At the time Return of the Scooter our team will inspect the condition of the Scooter and other equipments provided with the Scooter and to decide whether the scooter and other equipments and accessories are in perfect condition “as is “ condition as it was at the time of beginning of the Rental Plan with the Rider and accordingly will decide the charges to deduct if any from the Security Deposit, subject to normal wear and tear.
  • At the end of the Rental Period, you agree to return the Scooter along with all the accessories and equipments provided at the beginning of the Rental Plan to the predefined Zypp Hub specific to the Rider (Zypp Hub is the locationfrom where the Rider initiated the rental service and picked up the Scooter which shall be specific to the Rider). In the event we permit return of the Scooter to any location other than your specific Zypp Hub, additional fees will be charged accordingly and that charge shall be deducted from the Zypp Wallet and you agree to secure the Scooter as specified above and return the Scooter only to the specified location as permited. You agree to refer to the App for further requirements for returning the Scooter and to comply with any and all such requirements and instructions.
  • In case the Rider doesn't return the Scooter immediately after his Rental Period is over – (1) Zypp Electric will lock the Scooter from backend which will be unlocked only at request the Rider with an intent to immediately return the Scooter at the specified location (2) Rider shall be charged with twice the per day rent as per his Rental Plan per day till the day he/she return the Scooter to the specified location.
  • At the time of availing the Rental Plan services, for KYC and record-keeping purpose you shall provide us with your Aadhar Card and Driving License (Mandatory Documents). Also, you shall provide us with your name, address, phone number, email, and payment information, as well as other information as may be required. You shall make sure that all information provided is accurate and promptly updated, in the event of any change. And you verify that the contents mentioned in the above mentioned information are true and correct to the best of your knowledge and belief and nothing has been concealed therein.
  • THERE IS NO PRE – BOOKING OF SCOOTER AVAILBLE.
  • Zypp Electric have the right to Blacklist a Rider in it's system based on the KYC records or previous behavioural records, bad conduct towards Scooter and /or Zypp Electric, negative balance in the Zypp Wallet, Rider's criminal records and other KYC reasons and to refuse the Rental Plan Services.
  • Use of our Services or the rental of any Scooter based on the provision of false or fraudulent information provided by you, shall be considered theft.
  • In case of any running or maintenance default or defect occur in the Scooter or Battery or any part damage, the Rider shall inform us through Zypp Advisor or App, upon information of such defect, our team will assist you with the solution in which case either you have to visit the Zypp Hub to get the scooter repaired or our team will send our Mechanic to repair the same. The cost of such repair shall be conveyed by our team to you, which shall be deducted through the Zypp Wallet or be paid by the rider through Zypp Wallet. However in case of running defects or any other default in battery and Scooter Zypp Electric at its discretion may repair such defect free of cost.
  • In case of above mentioned default or defect Rider will make sure not to get it repaired from outside or any third party mechanic and will only get it repaired through Zypp Elecric's mechanic after informing and reporting our team as mentioned above.
  • Zypp Electric have all the Rights to lock the Scooter or End Ride/Stop Scooter in case of any default or any anticipated default on the part of Rider.
  • In an event when the Rider wants to Renew the Rental Plan Services, the services shall be renewed based on the updated rental fee, any other additional charges (if applicable) and as per the updated policy and T&C at that moment.

6. PROHIBITED USES

You shall not do any of the following:

  • Use any Scooter if you are younger than 18 years of age
  • Ride without a helmet and other protective equipment.
  • Exceed speed limit of 60Km/hr
  • Attach or remove anything from the Scooter.
  • Get scooter or battery repaired through third party mechanic.
  • Ride any Scooter if you feel unsafe, unsteady or unable to safely operate or control the Scooter.
  • Use any Scooter if you have any existing physical or mental condition that would prohibit you from safely operating or controlling the Scooter.
  • Operate a Scooter while carrying any item that impedes your ability to safely operate and control the Scooter.
  • Operate a Scooter while under the influence of alcohol, drugs, or any other substance that impairs your ability to safely operate and control the Scooter.
  • Use any cell phone or mobile electronic device for any use that distracts you from the safe operation of the Scooter, including, but not limited to, phone calls, text messages, or music.
  • Allow more than two people to ride or be carried on the Scooter.
  • Violate any applicable federal, state, or local law or regulation or traffic rules.
  • Operate or use a Scooter in poor lighting conditions, or where you are not able to see clearly.
  • Operate or use a Scooter in any manner during adverse weather conditions, including, but not limited to, snow, ice, high winds, hail, dust storms, fog, heavy rains, or lightning storms.
  • Ride or operate a Scooter that has any defect, fails to operate as a properly functioning Scooter, or that is in need of repair.
  • Use any Scooter if it, or any component of it, appears to be or becomes defective or malfunctions.
  • Use the Scooter for racing, tricks, jumping, stunt riding, off-road riding, or in any other hazardous manner.
  • Tow, pull, carry, or push any person or object with a Scooter.
  • Remove, dismantle, write on, deface, misuse, or modify any accessories, parts, or components of any Scooter.
  • Illegal use of the Scooter or use of the Scooter for any illegal activity in violation of the law of the land.
  • Further sublease or transfer the Scooter to any person.

7. RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK; INDEMNIFICATION

  • The Scooter is rented to you "as is" and all Services are provided "as available" without any warranty, express or implied, including warranties of merchantability or fitness for any particular purpose.
  • You hereby acknowledge and assume all risks of using the Services. You acknowledge that riding a scooter is inherently dangerous and carries with it the potential for serious bodily injury, permanent disability, paralysis and death, and property damage and loss. You acknowledge and agree that it is your responsibility to determine whether you are sufficiently fit and healthy enough to safely use the Services and to ride the Scooters, which you elect voluntarily. You have no physical or medical condition that would endanger you or others if you use the Services, or would interfere with your ability to safely use the Services. You also certify that you have not been advised against cycling, riding scooters or any other activity related to the Services by any health professional. You understand and acknowledge that there may be heavy vehicle and pedestrian traffic. You assume all other risks associated with using the Services and the Scooters including, without limitation: falls; dangers of collision with vehicles, pedestrians, and fixed objects; dangers arising from surface hazards, equipment design failure, and inadequate safety equipment; hazards posed by vehicles, pedestrians, and other cyclists; and weather conditions. You further acknowledge that these risks include risks that may be the result of the failure or design of equipment supplied by, or the negligent acts, omissions or carelessness of, the Released Parties (as defined below). You understand that you will be using the Services at Your own risk, that you are responsible for the risks of using the Services, and that your use of the Services is fully voluntary.
  • You have been advised to wear a protective helmet while using the Services and riding the Scooters. You understand and acknowledge the increased risk for personal injury, permanent disability, paralysis and death due to not wearing a protective helmet. You assume responsibility for any injury, loss, or damage associated with your choosing not to wear a protective helmet; further, because helmets do not protect against all head injuries, and do not protect against other injuries, you assume responsibility for any injury, loss, or damages associated with your use of the Services even if you choose to wear a protective helmet.
  • You understand and acknowledge the dangers associated with the consumption of alcohol or drugs while riding a scooter and you recognize that consumption of alcohol or drugs might impair your judgment and motor skills. You agree not to use the Scooter while under the influence of alcohol or drugs, and further assume responsibility for any injury, loss, or damage associated with your consumption of alcohol or drugs.
  • To the fullest extent permitted by applicable law, you waive, release, and forever discharge and indemnify, defend and hold harmless Zypp Electric, Zypp Electric's sponsors, organizers, promoters, staff, advertisers, volunteers, property owners, administrators, contractors, any and all other vendors and all other individuals or entities involved with providing the Services, and all state, city, town, county, and other governmental bodies or municipal agencies whose property or personnel are used or in any way assist in locations in which the Services are provided, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, board members, shareholders, attorneys, insurers, agents, employees, volunteers, and other participants and representatives (individually and collectively, the "Released Parties") from any and all claims, liabilities of every kind, demands, damages (including without limitation, direct, indirect, incidental, consequential and punitive), losses and causes of action (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent), of any kind or nature (including without limitation, those based in contract, tort, statutory, or other grounds), which you have or may have in the future, including court costs, attorneys' fees and litigation expenses (individually and collectively, the "Claims") that may arise out of, or result from, your use of the Services, including death, personal injury, temporary or permanent disability, property damage and damages of any kind, property theft, and Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions and any claims for medical or hospital expenses and from any misrepresentation, breach of any representation or warranty or non-fulfilment of any of the covenants, undertaking or obligation on the part of Zypp in connection with this Agreement, even if such Claims are caused by the negligent acts, omissions, or the carelessness of the Released Parties and even if the Released Parties have been advised of the possibility of such Claims. Any such release is intended to be a complete and general release of all Claims. The Released Parties may plead such releases as a complete and sufficient defense to any Claim, as direct or intended third party beneficiaries of such releases.
  • You further covenant and agree not to sue any of the Released Parties for any of the Claims that you have waived, released, or discharged herein.
  • You agree to indemnify, defend, and hold harmless the Released Parties from any and all expenses incurred, Claims made by you or third parties, for liabilities assessed against the Released Parties, including, but not limited to, court costs, attorneys' fees, and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, your breach or failure to abide by any part of this waiver, by your breach or failure to abide by the rules set forth in this Agreement or provided to you at the time you use the Services or your actions or inactions which cause injury or damage to any other person.
  • You understand that Zypp Electric does not provide insurance coverage for damage or injuries incurred during use of the Services. You agree to be responsible and assume liability for any and all costs incurred as a result of using the Services, including, without limitation, ambulance transport services, hospital stays, and medical treatment. You agree to indemnify and hold harmless the Released Parties from all liability for such costs.
  • You understand that we reserve the right, at our sole and complete discretion, to deny your use of the Services.
  • For the avoidance of doubt and to the fullest extent permitted by applicable law, you do hereby acknowledge and agree that we and all other Released Parties are not responsible or liable for any Claim that arises out of or relates to (i) any risk, danger, or hazard described in this Agreement, (ii) your use of, or inability to use, any Service, Scooter, or related information, (iii) your breach of this Agreement or your violation of any law, (iv) any misconduct, or other action or inaction by you, or (v) your failure to wear a helmet while using the Services. You do hereby waive all Claims with respect to any of the foregoing, including those based in contract, tort, statutory, or other grounds, even if we have been advised of the possibility of such Claims. Further, to the fullest extent permitted by applicable law, in no event shall we or any Released Party be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Services. Moreover, if we, or any Released Party, are found to be liable for any Claims on any basis, such liability shall be limited to the greater of (a) the total fees paid by you hereunder or (b)Rupee two thousand only (Rs. 2,000/-).

8. ADDITIONAL TERMS OF USE

  • You need to comply with all signs and laws, traffic laws and rules and safety laws including, without limitation, laws that prohibit the Scooter from being used in a particular location
  • In order to rent a Scooter, you must have a valid driver's license.
  • Rider agrees that Zypp Electric does not provide or maintain places to ride Scooters, and that Zypp Electric does not guarantee that there will always be a safe place to ride a Scooter. Sidewalks, bicycle lanes, and other routes may become dangerous due to weather, traffic, or other hazards.
  • The Scooter is an electric vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Scooter safely and prudently in light of the Scooter being an electric vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following:
  • The level of charge power remaining in the Scooter will decrease with use of the Scooter (over both time and distance), and that as the level of charge power of the Scooter decreases, the speed and other operational capabilities of the Scooter may decrease (or cease in their entirety).
  • The level of charging power in the Scooter at the time Rider initiates the rental or operation of Scooter is not guaranteed and will vary with each rental use.
  • The rate of loss of charging power during the use of the Scooter is not guaranteed and will vary based on the Scooter, conditions, weather conditions and other factors.
  • It is the Rider's responsibility to check the level of charge power in the Scooter and to ensure that it is adequate before initiating operation of the Scooter.
  • The distance and time that Rider may operate the Scooter before it loses charging power is never guaranteed.
  • The Scooter may run out of charging power and cease to operate at any time during Rider's rental of the Scooter, including before reaching Rider's desired destination.
  • If the Scooter runs out of charging power during the Rental Period, Rider shall conclude the ride in compliance with all terms of this Agreement.
  • Rider agrees that Zypp Electric is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. Zypp Electric provides Scooters only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Scooter on their own and who have agreed to all the terms and conditions of this Agreement.

9. TERMINATION

  • Zypp Electric may, in our sole discretion and without any prior notice or cause, unilaterally terminate your right to use the Services. You may terminate your use of the Services at any time; provided, that (i) Zypp Electric will not be obligated to provide you any refund; and (ii) you may still be charged any applicable additional fees arising under this Agreement.

10. MEDIA RELEASE

  • We reserve the right to photograph and record you using the Scooters. You hereby give us the right to use your image and likeness (including caricature), and any reproduction or simulation thereof, in any media now known or hereafter developed, both during and after the term of this Agreement, for whatever purpose we deem necessary or desirable. You hereby waive any right to royalties or other compensation arising from or related to any such use by us or our affiliates.

11. MISCELLANEOUS

  • This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter, and supersedes all other prior agreements, written or oral, relating to such subject matter. The failure of Zypp Electric to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. If any provision or part of a provision of this Agreement is held unlawful, void or unenforceable, the validity of the remaining portions or provisions of this Agreement shall remain in full force and effect. This Agreement shall be governed by and construed and enforced in accordance with the laws India. The courts of Gurugram, Haryana shall have exclusive jurisdiction over disputes arising out of this Agreement. Termination of this Agreement or your right to use the Services will not relieve you of any payment obligations hereunder
  • Zypp Electric and Rider agrees that this Agreement has been entered on a principal-to-principal basis and no partnership, joint venture, or agency relationship exists between the Rider and Zypp Electric.
  • Rider shall not assign his obligations and responsibilities under this Agreement in whole or in part to any third party.

12. FORCE MAJEURE

  • Notwithstanding anything contained in this Agreement, Zypp Electric will not be liable for any failure to perform services, for any delay or failure to perform its obligations hereunder, if such delay or failure is due to causes beyond its control, including, without limitation, strikes, riots, wars, fires, epidemics, pandemic, lockdown, lack of human or material resources, quarantine restrictions, unusually severe weather, earthquakes, explosions, acts of god or state or any public enemy, or acts mandated by any applicable laws, regulation or order (whether valid or invalid) of any governmental authority.

13. ACCEPTANCE OF AGREEMENT

You hereby affirm that (i) you are at least 18 years of age, (ii) you have the legal and mental capacity to enter into this Agreement, and (iii) you have read and agreed to this Agreement, fully understand its content, and intentionally and voluntarily accept its terms.(iv)That this Agreement has been signed by you without force, coercion or undue influence, of the free will and you are fully aware of the matter and of all legal and other ramifications of such decision.

We accept digital acceptance of this agreement as a sign off from user.