GoBykes Terms & Conditions
GoBykes Rental Agreement
Terms and Conditions
A GENERAL GUIDE FOR USE:
MSQUBE Technology Solutions Private Limited (hereinafter referred as the “Company”) is a Private Limited Company in the state of West Bengal, India. The registered address of the Company is Binayak Enclave, Block-X, Flat-301, 59 K.C. Ghosh Road, P.S. Baranagar, Kolkata – 700 050.
“Conditions” mean these General Conditions of Use, to carry on the business of letting on hire or otherwise, electric bikes of every kind and description, on such terms and conditions as may be decided by the Company from time to time.
“Service” refers to any service provided by the Company, as the Company deems fit, to any User.
“User” means a person who has accepted the terms and conditions for leasing or renting a motor cycle or motor vehicle of any kind from the Company.
“Vehicle” means the electric bikes of any kind offered by the Company under GoBykes brand name to any User for leasing/renting for the period as determined between the Company and the User.
These Conditions are intended to create binding rights and obligations between the User and the Company in accordance with the Indian Contract Act, 1872 (as amended up-to-date). The Company reserves the right to change the terms of these Conditions from time to time. No access to the Services will be permitted unless the Conditions are accepted in full. No User is entitled to accept only part of the Conditions. If a User does not agree to all the Conditions, such User may not use the Services. In the event that any Member fails to comply with any of the Conditions, the Company reserves the right, at its own discretion, to suspend or withdraw all Services to that User without notice.
USE OF THE VEHICLE:
User Information: The User who approaches the Company for taking the Vehicle agrees to provide any personal information requested by the Company. In particular, the User will be required to provide their first name, last name, age, title, valid mobile (cell phone) number, alternate mobile (cell phone) number, residential address, office address and email address. Use of the Vehicle and the Service of the Company is limited to those over the age of 18 years at the time of registration.
Disclosure of Purpose: The User agrees to disclose the duration for renting the Vehicle and reason for leasing/renting out the Vehicle to the Company.
Accuracy of the Information: The User agrees and accepts that all of the information they provide to the Company before using the Service of the Company and at any other time shall be true, correct, complete and accurate in all respects.
Valid license: The User must possess a valid driving license. The User shall submit a copy of the License to the Company, as the proof that he/she is able to ply the bike. If any User’s license expires or is revoked, authorization to drive the Vehicle shall expire immediately. 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, a copy will be retained for record.
Submission of Original Documents: The User shall submit the original or photocopy of one of the following documents to the Company before leasing/renting the Vehicle:
Original Voter Card
Original Aadhar Card
Note: The Company reserves the right to hold back the bookings if the documents submitted are not satisfactory.
Rental Charges: The rental rate offered by the Company to the User is as per what is shown on the website and mobile app.
Helmets (Included in Rental Charges): One helmet can be optionally provided by the Company with the Vehicle. The User is encouraged to bring their own helmets for comfort and style. Helmets for the User as well as for pillion are not mandatory for riding low speed electric bikes as per Motor Vehicles Act. However, at GoBykes we strongly recommend that the User and pillion rider should be wearing Helmet during the use of the Vehicle. The User has the responsibility to follow the law related to wearing of helmet for the rider as well as the pillion, and is liable to pay any fines/costs that are incurred due to violation of such law.
Advance Payment: The User shall make the payment of the entire rental charge (as per the duration of the booking) in advance, before using the Vehicle. In case the User wishes to extend the period of booking the Vehicle, the User must make the additional payment before the extension to continue the use of the Vehicle. The User can pay the Company in NEFT Transfer or Debit/Credit Card. The User has to maintain a minimum balance in GoBykes wallet for safety and security of the vehicle.
The Pick-up date, time and location cannot be changed once a booking is confirmed.
The customer is not authorized to lend the two-wheeler to any person.
Mechanical failure/breakdown/cleanliness/maintenance during the ride: In case of a breakdown, the User has to immediately intimate the Company about the same and the location and kind of defect. The Company 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, the Company 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.
Documents to be provided to the User: The User shall be provided a copy of the certificate confirming that no registration and license are required. Rider insurance is optional and can be purchased by the rider/ renting entity.
Permitted area of usage of the Vehicle: The Vehicle is provided for usage within the state of West Bengal and the permitted operating regions shown on GoBykes app. The User cannot take the Vehicle outside the state boundary or permitted regions without prior permission of the Company. In case any User takes the Vehicle outside the state boundary or permitted region without prior permission, the contract of usage would be terminated immediately and the User needs to return the Vehicle immediately back to the Company. There would be no refund of the Rental Charges already made, and the User has sole responsibility for any and all costs, charges, fees and expenses incurred by the Company as a result of a breach of this condition. The User also has to pay a fine of Rs. 5000.
Crossing the State Border: The User has to inform the Company in advance whenever he is intending to go to other states. The User has to ensure that he takes the necessary approval at the check post and pay the permit fee before he enters the other state. The Company will not be responsible for any damage to life and property if the necessary permits are not taken while entering another state. The Company’s Insurance will also not be valid if the necessary permits are not taken by the User while crossing the border.
Each pricing tier includes maximum allowed KM per ride which is included in the plan. Additional charges apply for kms driven beyond the selected tier. Please go through our pricing plan in website and app carefully before selecting your plan.
Tracking of the Vehicle: Each Vehicle will be tracked with a GPS tracker by the Company. The Company ensures that the privacy of the User is not compromised in any ways. The information regarding the tracking of the Vehicle shall only be shared with the relevant authorities in case of theft/accident/or any other incident which happens with the Vehicle.
The User is strongly advised to inspect the electric bike before riding it for any physical or noticeable mechanical defects or flaw found on/in the electric bike. The User 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 motorcycle during the ride should be intimated to the Company while returning the vehicle.
The User is duly bound to inform the Company within 15 mins of unlocking the ride, if he/she notices any abnormality in riding comfort, conditions, maneuverability, excess vibrations, uneasiness etc.
REFUND / CANCELLATION POLICY:
Our focus is complete customer satisfaction. In the event, if you are displeased with the services provided, we will refund the money, provided the reasons are genuine and proved after investigation. Please read the terms and conditions of each deal before riding it, it provides all the details about the services or the product you use.
Refund Policy: All confirmed bookings with the Company are non-refundable, and no refund is available for the early return of the Vehicle. In case any client/user is not completely satisfied with our services we can provide a refund. If paid by credit card, refunds will be issued to the original credit card provided at the time of use and in case of payment gateway name payments refund will be made to the same account.
Cancellation Policy: If the Company cancels the booking due to break down, non availability of the electric bike or any other reason, then we provide 100% refund of the rentals received. If you cancel the booking the refund would be made as per the following schedule:
Less than one week before the scheduled date of Hire– No refund
One week to two weeks before the scheduled date of Hire — 50% refund.
More than two weeks before the scheduled date of Hire — 80% refund.
The refunded amount will reflect in the customer’s/user’s bank account within 7-10 business days. Refund amount will be adjusted after deducting applicable digital payment service charges.
We reserve our sole right to cancel our booking if
- the User doesn’t turn up on time to pick up the vehicle.
- The delivery address provided by User is not within the Places of Service.
- Failure to deliver User’s order due to lack of necessary information.
- Unavailability of the Items/ bikes ordered/ booked.
Failure due to reasons beyond Our reasonable control, due force majeure events including but not limited to acts of floods, fire, earthquake, acts of terrorism, war, strikes, legislation or restriction by any government or other authority, etc. Also that we operate with machines, i.e., electric bikes which might break down or the previous user might not turn up on time or there can be an accident which has resulted in the bike not being available.
The use of the Vehicle provided by the Company is prohibited under the following conditions:
- Any speed race or competition.
- By any person who is under the influence of alcohol or any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended. A zero-tolerance policy is adopted in such cases.
- In the carrying out of any crime or any other illegal activity.
- In an imprudent, negligent, or abusive manner or for any abnormal use of this vehicle.
- Any person who has provided the Company with false information or whose representations are determined to be false (including, without limitation, regarding his name, age, or address).
- For driving the Vehicle outside of the permitted area or any prohibited areas within the permitted area.
- For driving while using a mobile phone or any other mobile communication device in any manner whatsoever, including while sending an SMS, emailing, using a cell phone with or without a hands-free device, otherwise using a mobile communication device that may distract the User from driving or otherwise engaging in similar activities that may be prohibited by applicable law.
- Using the Vehicle to transport flammable, poisonous, or otherwise hazardous substances for other than legally permissible household use or in amounts greater than what is usually consumed in a household.
- Transporting objects with the vehicle that could adversely impact the Vehicle’s handling safety or that could damage the Vehicle or, by virtue of such object/s protruding outside, affect the safety of vehicles driving in the vicinity of the Vehicle.
- Transporting more than 2 passengers.
The User 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, parking illegally etc., the member has to pay all the fines/penalties. If any case is registered by the police authorities against the Company, being the owner or permit holder of the vehicle, the User has to compensate the Company all costs, fines and legal fees incurred.
If the User over speeds beyond the limit set as per the traffic rules or any other laws, the Company shall not protect the User from any loss or damage to the vehicle, himself and the third party through the insurance that it has and the User shall personally be liable for all the loss or damages caused.
The Company shall also impose a fine of Rs. 500 per breach of speed beyond
25 kmph for electric bikes during the tenure of the ride on the hirer. The Company shall also have the right to blacklist the rider at its discretion.
The above mentioned list is not exhaustive, and any unreasonable or inappropriate use of the Vehicle provided by the Company, as determined by the Company in its sole discretion, may be deemed a violation of these Conditions. The Company may report the User to the authorities any use of a Vehicle or other activities that are in violation of local, state, and/or national law or in violation of these Conditions.
The contract of usage would be terminated immediately due to the violation of any of these Conditions and the User needs to return the Vehicle immediately back to the Company. There would be no refund of the Rental Charges already made, and the User has sole responsibility for any and all costs, charges, fees and expenses incurred by the Company as a result of a breach of these Conditions.
MAINTENANCE/VEHICLE CONDITION/RETURN/STOLEN VEHICLES:
The User is responsible for securing the Vehicle during the booking period. The Vehicle must be ignition off properly. The User will be responsible for any fees or charges associated with a failure to perform these steps.
The Company will perform all necessary and required routine maintenance on all of its Vehicles. However, the User is responsible for the cleanliness of the Vehicle and is expected to assist in helping the Company to maintain the driving safety and performance of the vehicle, in particular during longer bookings or when the vehicle indicates that service or maintenance is required.
All breakdowns or incidents involving the Vehicle provided by the Company must be reported to the Company immediately at the help line number mentioned in website and mobile app.
The User must return the Vehicle, secured, clean, and in good working order to the Company at the end of the booking.
The User must also return the Helmet (when applicable) given by the Company in a clean state and good working condition. If the Helmet has suffered any damage, the User is liable to pay the cost of the Helmet as per the market rate.
Users are required to immediately report to the Company, any condition that impairs the driving functionality of the Vehicle, such as poor driving feel or external or internal damage that renders the Vehicle unsafe, including but not limited to, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors.
Prior to taking possession of a vehicle, the User must check the Vehicle, and inform the Company of any damage or abnormality encountered on the Vehicle or in the operation of the Vehicle. If the Company is not notified of a problem at the start of a booking, the User will be deemed to be responsible for any problem with the vehicle discovered or reported after the booking, including, without limitation, damage to the vehicle.
The User is solely responsible for the Vehicle while driving and any damage caused to it, and must bear the repair cost at the cost of the authorized service centre.
A stolen Vehicle must be immediately reported to the Company and the nearest police station with a detailed written complaint based on actual facts, within 2 hours or else the rider will be responsible for the cost of vehicle. The User shall ensure that such complaint shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claim by the Company. The Company shall provide all necessary assistance and the User shall provide complete co-operation to fulfill the formalities.
The User must immediately notify and deliver to the Company every summons, complaint, document, or notice of any kind received by User in any way relating to an accident, theft, or other circumstances related to the Vehicle.
If there is any damage to vehicle, the Company will charge the amount equal to cost of the bike/cost of repairing the bike and additionally loss of revenue if any to the Company. The User shall be liable to pay the full value of damages. The User shall also be liable for loss of rental during the period the vehicle was down. The User 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 User on return of the ride shall also provide a crossed cheque in the name of MSQUBE Technology Solutions Private Limited which shall be used to settle the amount which includes the Repairing Cost and Loss of Rental. The User 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.
All accidents, damages to the vehicle, summons or notices issued by police or by the 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 the communication number and email id provided in website and mobile app. The User shall also report in writing, the entire events in minutest detail regarding the accident. Any police cases shall be reported to the Company immediately. Any misstatement or concealment is an offence. The Company shall not protect the User with its insurance if the hirer doesn’t follow the above instructions.
Use of the Vehicle in any manner that causing excessive wear and tear to the vehicle parts is prohibited. The Company shall penalize the User if it is found that the hirer has caused excessive wear and tear to the vehicle.
Attaching any external fixtures or fittings to the Vehicle is not allowed. You are not allowed to do any repairs, replacement or attempt to dismantle any item of the Vehicle.
The User 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 compensation required to bring aid to the victim/third party have to be paid by the User.
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 the fact it is beyond our control. In which case, if you have made the payment: You will be entitled to cancel the order and refund of amount paid for the Services.
A Trip extension request is to be made at least a week before the drop-off time for long term booking. Such requests are to be made by the Customer/User through mobile app or Field executive over the phone. The request will be confirmed or denied as per the availability of bikes. In case the customer doesn’t drop the bike in spite of a denied extension request, penalty charges will be applicable. If you suspect that you will be late, please extend your reservation through our mobile app to avoid the penalty. We will not be able to extend if there’s another confirmed reservation for the period.
Reschedule before start: –
Any modification to trip time for short term booking will be calculated on actuals as per pricing tier of bike usage.
Late fee: The Vehicle must be returned no later than the end time of the booking and closure of EV Zone whichever is earlier. The User is required to end the booking after reaching an EV Zone. Late return of electric bikes would be charged at Rs. 50/hour and in addition to the hourly fee for use of the vehicle.
In case of minor damages to the helmet, the customer is liable to pay fine.
In case of damage to the two-wheeler on rent due to accident/mishandling/carelessness, appropriate charges will be calculated and the customer is liable to pay the same along with the hourly/daily/monthly tariff until the bike is ready for renting again.
In case of theft, the customer is liable to pay, in full, the market rate of the two-wheeler.
In case of engine fault or failure, the customer needs to contact the customer care or Field Executive before getting any repairs done. The original printed invoice is mandatory to claim reimbursement for the same.
For any cancellation or refund, it takes 7-10 business days for the refunded amount to reflect in your bank account.
User will never be deemed to be the Company’s agent, servant, or employee in any manner for any purpose whatsoever.
OFFERS AND PROMOTIONS:
The Company reserves the right to suspend User’s 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 the Company. The terms and conditions valid while booking the bike will be applicable and will precedent all previous terms and conditions.
TRAFFIC LAW/ APPLICABLE LAW VIOLATIONS:
The User is responsible for complying with all applicable laws associated with driving the Vehicle, in particular, the Safety Standards in relation to Motor Vehicles in the jurisdiction where the trip is initiated and where the Vehicle is driven during such trip.
The User is solely responsible for any traffic violations incurred due to his/her use of a Vehicle given by the Company. This includes, but is not limited to parking, speeding, breaking red light, photo enforcement, and violation of helmet wearing rules and toll violations. The User is responsible for communicating all such charges of traffic violations to the Company while submitting the Vehicle after the use, and the User is liable to pay all costs from any such violation, including fines for late payment and any processing fees added by the issuing municipality, to the respective authority in their personal capacity. The Company is not responsible to bear such costs incurred on the part of the User. The User is liable to pay all tolls and any fines for toll evasion.
The User shall forthwith pay the relevant fines to the authority concerned and provide the Company with the proof of such payment.
The User must leave the vehicle in particular Electric Vehicle Zone; from where he/she took the same or any other EV Zone allowed as per the GoBykes mobile app, not leave the vehicle in a zone which has parking restrictions. If the User has left the Vehicle in such a restricted zone, the User must immediately notify the Company and the User will be responsible for any and all violation notices, damages or towing charges incurred by the Company.
User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased/rendered or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages. User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
The Company shall provide primary liability protection, which is the extent of claims/ liabilities covered by the Company’s vehicle insurer, on the Vehicle for claims and/or liabilities arising out of the use or operation of the Vehicle by the User. If at any time it is determined that losses will exceed the User’s coverage provided by the Company, User will be responsible for the excess amount and is liable to pay the excess amount to the Company.
The User will be responsible for any associated deductible personally attributable to the User.
The Company is not responsible for any damage to, loss or theft of, any personal property belonging to the User, regardless of fault or negligence.
Indemnification: The User indemnifies and holds the Company, its parent and affiliates and their respective directors, officers, employees, shareholders, agents, attorneys, assigns and successors-in-interest, harmless for all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, and other expenses incurred by the User due to the use or possession of the Vehicle by the User and the User’s non-compliance with this agreement.
This Agreement is intended for the benefit of User and the Company and no other party may claim rights hereunder, whether as a third-party beneficiary or otherwise. Under no circumstance will the Company be liable to any third party for indirect, incidental, special or consequential damages arising from or related to this Agreement or use of the Vehicle and Service.
ACCEPTABLE WEBSITE USE:
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation:
Accessing data not intended for such user or logging into a server or account which the user is not authorised to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, malware or “Trojan horse” to the Website, overloading, “flooding”, “mail bombing” or “crashing”.
Sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material:-
That could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation.
In a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others.
That is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
DISCLAIMER OF CONSEQUENTIAL DAMAGES:
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.
The Company will record and store the Riders’/Users’/Customers’ GPS Location, Speed, etc. related information in Company’s system.
INTELLECTUAL PROPERTY RIGHTS:
All copyright, trademarks and all other intellectual property rights (except for the third party links) in the Website and its content (including without limitation the design, layout, text, graphics, images, sound, video and all software and source codes connected with the Website) are owned by or licensed to MSQUBE Technology Solutions Private Limited or otherwise used by the Company as permitted by law. The content of the Website embodies trade secrets and intellectual property rights protected under copyright and other intellectual property laws. All title, ownership and intellectual property rights in the Website and its content shall remain with the Company.
None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
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 Kolkata Jurisdiction or courts of Kolkata, India.
GOVERNING LAW & JURISDICTION:
These 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 Kolkata shall be the competent court of jurisdiction.
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.