TERMS OF USE

All users’ (“your/user”) access and use of City Bikez products and services (“Service”) are bound by Terms of Use (“Terms”). XXX and its subsidiaries, licensees, and affiliated companies (“City Bikez”) either collectively or individually operate the Service.

To avail of the Services, you agree to be bound by these Terms, as may be updated at the sole discretion of City Bikez. By opting for the Service, you would be legally bound to adhere to the Terms. You are well advised to read through the Terms before opting for the Service. These Terms are in no way meant to alter any other agreement, such as but not limited to privacy policy (“Privacy Policy”) the User may have with City Bikez.

1. USER ACCOUNT

To avail of the Service, the User needs to be eighteen (18) years of age or above, and is required to furbish personal information (“user data”) such as but not restricted to name, email address, address, and date of birth. City Bikez would consider all such information shared by the User to be accurate and does not assume any responsibility for any information provided by the User proving to be false.

2. BOOKING, PAYMENT AND CANCELLATION

• The User is required to make the full upfront payment (“Rental Fee”) of booking for the Service in advance, as mentioned in the Fee Policy.
• The User reserves the right to make cancellations or modify the duration of the Service availed, up to a day prior to the date when the Service is to be availed. All such requests need to be made via email or by contacting City Bikez over the phone. The User is liable to pay a cancellation fee in the event of any cancellation made on the date of availing the Service, as mentioned in Fee Policy.
• The User may request for an extension of the Service, and is required to contact City Bikez about the same. The extension of such Service is at the sole discretion of City Bikez.

3. USER DOCUMENTATION

The User is required to submit copies of the following documents in order to process the vehicle rental from City Bikez:

• Valid driving license to ride a motor-cycle with/without gear, depending on the Vehicle proposed to be hired, in India.
• Copies of address Proof such as passport/Adhaar Card/Voter ID which shall be obtained by City Bikez staff at the time of Vehicle pick-up/drop-off.
• In the event of any documents provided by the User being found to be fraudulent or inaccurate, the User is liable to pay a penalty, as detailed under clause 7.
• As a mandatory policy, individual customers who have placed a booking are requested to furbish their original government verified ID proof such as Aadhar card, Voter ID card, Passport etc., as leverage during vehicle pick-up. No private organization's ID will be accepted for the same. The ID card will be returned once the Service period is completed and all related conditions are met.

4. PICK-UP AND RETURN OF THE VEHICLE

• The user is required to pick up the Vehicle at the bike station, as indicated at the time of booking. The User acknowledges that the actual colour, model and number of the Vehicle may vary from that indicated in the booking, however, a similar vehicle shall be provided. The User further acknowledges that due to maintenance activity, delayed return of the Vehicle or similar exigencies, the availability of the Vehicle to the user may be delayed. However, the Vehicle or a similar alternative shall be made available within 1 hour from the time agreed upon for commencement of Service.
• Prior to taking possession of the Vehicle, the user is advised to conduct a brief inspection and the vehicle, so as to point out any defect that may materially affect the usage of the Vehicle. In the event no such damage or defect being pointed out to City Bikez staff before the commencement of the Service, any damage to the Vehicle during the Service period would be considered to be caused by the User, and the User would be liable to pay a commensurate penalty fee. In such an unfortunate event, City Bikez reserves the right to suspend, or terminate the Service agreement with the User. Any scratches beyond one (1) millimetre in width and/or depth and two (2) centimetre in length shall be considered as “damage” for the purpose of this clause, in addition to any other visible or invisible defect, or any defect that affects the normal usage of the Vehicle.
• In the unlikely event of any damage or defect subsequent to taking possession that prevents the normal usage of the Vehicle, the User is required to immediately intimate City Bikez. Any damage caused to the Vehicle by a third party or in case of theft, the same needs to intimated to City Bikez at the earliest.
• The User is required to return the Vehicle, its key and any other driving accessories provided at the relevant bike station at the end of the Service duration in the same condition as was handed over to the User when availing the Service, barring usual wear and tear, which shall be at the discretion of City Bikez. In the event the Vehicle is returned past the reservation period, the User would be liable to pay late fees as described in the Fee Policy.
• Upon return, a quality control (QC) report shall be prepared which shall be handed over to the User upon return of the Vehicle.
• City Bikez is not liable for the availability of preferred color of the two-wheeler at the time of booking confirmation. The bike images displayed in the application/website during booking are purely indicative and are subject to availability.

5. ACCIDENTS AND BREAKDOWNS

While every care is taken to ensure the optimal performance of all Vehicles with City Bikez, in the unlikely event of a breakdown or internal damage or malfunction of the Vehicle, the same needs to be brought to the notice of City Bikez immediately. City Bikez is committed to ensure honouring of the Service agreement and would arrange for a mechanic or other professional to alleviate the matter or send across a replacement Vehicle.

In the event of an accident leading to the damage of the Vehicle or any damage or injury to a third party and/or vehicle, the User is required to immediately inform City Bikez and i) fill out an official police report form;ii) provide an accident report to City Bikez in the manner prescribed; and iii) provide the following information to City Bikez:

• Date, time, and place of accident.
• The license plate numbers of any other vehicles involved.
• The names, addresses, and driver’s license numbers of the persons involved in the accident, or the name, address, and driver’s license number of the owner of the vehicle (if he or she is not the driver);
• The name, addresses, and phone number of witnesses, passengers, and any other involved persons, where possible.
• Circumstances of the accident.

The user shall be responsible for the costs related to the repair, recovery, and loss of use of any Vehicle resulting from any such accident, to the extent not included within the insurance coverage. The user agrees and acknowledges that he/she shall be wholly responsible for all damages and costs arising from his/her failure to comply with these terms.

6. INDEMNIFICATION

Despite any provisions of law to the contrary, the User agrees and acknowledges that any claim, theft, damages, liabilities that may arise during the Service duration, and any penalty or fine levied due to, or arising out of your possession and/or usage of the Vehicle shall be the sole responsibility of the User.
Despite any provisions of law to the contrary, the User shall defend, indemnify, and hold City Bikez 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) arising out of or related to any suits or claims by a third party brought against City Bikez regarding any actions or inactions alleged or arising out of the use or possession of the Vehicle by the User.

7. TERMINATION

City Bikez may terminate these Terms, or User’s access to the Services in the event of a breach of any of the provisions of these Terms by the User, with or without prior notice. City Bikez may also stop providing the Services to the User, or all users when it is no longer practicable or feasible to do so. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, City Bikez reserves the right to enforce and prosecute any violations of these Terms.

8. GOVERNING LAW

This Agreement shall be governed by the laws of India, and the courts of XXX shall have exclusive jurisdiction with respect to any dispute arising hereunder.

9. DRINK AND DRIVE POLICY

According to Government Motor Vehicles Act 2016 under Section 185, a motorist caught under the influence of alcohol exceeding the permissible limit which is 30mg of alcohol in 100ml of blood is liable to be charged and the vehicle will be ceased by the City Traffic Police indefinitely. Under this circumstance, the City Bikez user will be charged with the asset cost and downtime period.

If at any time, the user exhibits any signs of intoxication during bike pick-up, City Bikez is at complete liberty to cancel the booking and no amount will be processed for refund.

Under a bike cease by City Traffic Police, City Bikez will not be liable for any of the legal procedures set by the Court and the corresponding charges will be undertaken by the user himself. Under no circumstance is City Bikez responsible for aiding the user.

If found intoxicated at the time of booking completion, the user will be further blocked from using City Bikez services indefinitely.

10. CROSSING STATE BORDER

If the user intends to cross state borders, he will be liable to cover the state taxes including penalties if charged with. City Bikez will not be held responsible in case the user has been penalized due to lack of state-entry invoice that is obtained after completing payment before entering another state.

Gearless two-wheelers like Honda Activa and such are strictly prohibited to travel inter-city under any circumstances including medical emergencies, personal issues or more. For any incidence outlined above, the user is liable to pay a penalty amount of ₹300 at the time of two-wheeler return at the corresponding hub-station.

11. MISCELLANEOUS PROVISIONS

Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.

Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.

Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.

No Agency: Each party to these Terms is acting and shall act solely as an independent contractor. In no way is either Party to be construed as the agent, or to be acting as the agent, of the other party in any respect, notwithstanding any provision of this Agreement. The Parties expressly agree that nothing contained herein shall be deemed to create the legal relationship of agent and principal or employeremployee between City Bikez and the user.

No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).

Notices: Any notice required or permitted to be given to City Bikez hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and dispatched or sent or transmitted to the address specified by City Bikez. All notice required to be given under these Terms shall be addressed to: