- USER ACCOUNT
- In order to use the Service, you are required to provide various information about yourself including your name, email address, address, date of birth and other personal information (“User Data”), and are required to be over the age of eighteen (18) years. You agree that any information you provide to Onn Bikes will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.
- BOOKING, PAYMENT AND CANCELLATION
- All bookings require to be made in advance. At the time of booking, the full fee for the rental of the Vehicle (“RentalFee”)as well as the security deposit as laid out in the Fee Policy, shall be paid by you.
- Should you wish to cancel your booking, or reduce the period of rental, you are required to do so on the day prior to the date of the booking, at no cost, by sending an email request or over the phone. In the event of cancellation on the date of the scheduled booking, the User shall be liable to pay cancellation costs as under the Fee Policy.
- In the event your wish to extend a reservation, you shall contact Onn Bikes and put forth your request. Please note that Onn Bikes is under no obligation to extend your reservation, and may do so only if a) the Vehicle is available for use for the additional period requested; and b) the request to extend is completed prior to the scheduled expiration time of your existing reservation.
- USER DOCUMENTATION
Prior to receiving possession of the Vehicle, you shall be required to provide the following documents to Onn Bikes:
- 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 etc.and finger-prints which shall be obtained by Onn Bikes’ staff at the time of Vehicle pick-up/drop-off.
- In the event the documentation provided by a User is fake or invalid, the same would attract a penalty as detailed under clause 7.
- PICK-UP AND RETURN OF THE VEHICLE
- The User is required to pick up the Vehicle at the bike station 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(s).
- Prior to taking possession of the Vehicle, the User is advised to do 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 is pointed out to the Onn Bikes staff at the time of taking possession, such damage shall be deemed to have been caused during the time the Vehicle was in your possession, and you shall be liable to pay fees towards damage or other applicable fees, and OnnBikes reserves the right to suspend, or terminate your membership.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.
- Should you become aware of any damage or defect subsequent to taking possession that prevents the normal usage of the Vehicle, you shall intimate Onn Bikes of the same immediately. Similarly, in the event of theft or damage to the Vehicle by a third party, you shall intimate Onn Bikes immediately.
- You shall return the Vehicle, its key and any other driving accessories provided at the relevant bike station upon the reservation period ending in the same condition as when you took possession, barring usual wear and tear, which shall be at the discretion of Onn Bikes. In the event the Vehicle is returned past the reservation period, you shall 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. Based on damage (if any) as found in the QC report, adjustments shall be made against the security deposit, and a refund (if any) shall be processed within five (5) working days.
- USE OF THE VEHICLE AND CONDUCT
- The User warrants that he/she shall use the Vehicle in accordance with all applicable laws including the Motor Vehicles Act, 1988 and all rules framed thereunder, and shall not use the Vehicle for, or carry out while using the Vehicle, any illegal or unlawful activities.
- The User shall be responsible for all charges and costs incurred with respect to the Vehicle for the entire period of the reservation and until the Vehicle is returned in a manner acceptable to Onn Bikes.
- The User agrees and acknowledges that Onn Bikes prohibits the use of the Vehicle in the following manner:
- with more than two (2) people on the Vehicle;
- seating or accommodating pets on the Vehicle;
- under the influence of alcohol and/or drugs or other banned substances or consuming tobacco or tobacco products on the Vehicle;
- For or in any kinds of race, contest or competitions, or stunts;
- tampering with, disassembling or in any way altering the Vehicle or any of its parts without prior authorisation from Onn Bikes on a need basis;
- uncommon usage, irresponsible riding methods, over stressing and mishandling the motorcycles causing excessive wear of the vehicle parts and undue damage;
- to carry unlawful/ hazardous or prohibited material;
- using the incorrect fuel for the Vehicle;
- Commercial usage of any type deriving financial benefits
- Attaching any external structures to our motorcycles causing damage to the vehicle or other vehicles/human beings/animals coming in contact with it;
- any other inappropriate use of the Vehicle.
- In the event of any traffic violation by you while using or involving the Vehicle and/or your driving license you shall notify Onn Bikes of the same immediately. You acknowledge that you shall be liable to pay all fines/penalties associated with such traffic violation (including parking, speeding, riding without a helmet, cutting signals etc.), and Onn Bikes shall have no responsibility with respect to the same.
- The rental of the Vehicle is a right specific to the User, and cannot be transferred or granted to any third party. In the event the Vehicle is operated by any third party, the same shall amount to a Penalty Event.
- ACCIDENTS AND BREAKDOWNS
- You understand that while Onn Bikes ensures that all its Vehicles are maintained in the best manner, owing to the nature and amount of use, they may be prone to faults and breakdowns in rare situations. these vehicles are susceptible to breakdown once in a while owing to many uncontrollable situations.All breakdowns or incidents involving a Vehicle must be intimated to Onn Bikes immediately, and we shall ensure a mechanic or other professional is assigned to rectify such defect, or a replacement is provided to you.
- 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, you must immediately inform Onn Bikes and i) fill out an official police report form;ii) provide an accident report to Onn Bikes in the manner prescribed; and iii) provide the following information to Onn Bikes:
- 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 that insurance cover does not provide for the same.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 theseTerms.
- In the event of breach of any of the provisions of this Agreement, the User shall be liable to make good the damage caused to the Vehicle(s) and/or Onn Bikes due to such breach. In the event of a breach of the provisions of Clause 5, where the breach has criminal consequences, Onn Bikes reserves the right to initiate appropriate criminal proceedings against the User, and where there are no criminal consequences with respect to such breach, Onn Bikes shall be at liberty to levy such penalty as decided under the Fee Policy.
- Despite any provisions of law to the contrary, you agree and acknowledge that any claim, theft, damages, liabilities that may arise during the possession of the Vehicle by you, and any penalty or fine levied due to, or arising out of your possession and/or usage of the Vehicle shall be your own responsibility, and you shall make good the same.
- Despite any provisions of law to the contrary, youshalldefend, indemnify, and hold Onn Bikes 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 Onn Bikesregarding any actions or inactions alleged or arising out of the use or possession of the Vehicle by you.
- Onn Bikes may terminate these Terms, or your access to the Services in the event of a breach of any of the provisions of these Terms by you, with or without prior notice. Onn Bikes may also stop providing the Services to you, 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, we reserve the right to enforce and prosecute any violations of these Terms.
- GOVERNING LAW
- This Agreement shall be governed by the laws of India, and the courts of Bangalore shall have exclusive jurisdiction with respect to any dispute arising hereunder.
- 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 employer-employee between Onn Bikes 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 Onn Bikes 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 Onn Bikes. All notice required to be given under these Terms shall be addressed to:
[Motocruizer Technologies India Pvt Ltd ]
[4th floor, silver arch, Andheri Kurla road, Andheri East, Mumbai – 400069 ]