The text below reproduces all 32 pages of the supplied document for reference. Page breaks and drafting blanks are preserved.
Page 1 of 32
TERMS AND CONDITIONS
DEFINITIONS:
For the purpose of these Terms and Conditions, “Company” means
Nexryd Technologies Private Limited; “User” means the person who
registers with the Platform and/or avails the Services; “Vehicle”
means the motorcycle, scooter, electric vehicle or any other vehicle
provided by the Company; “Booking” means a confirmed
reservation made through the Platform; “Rental Period” means the
period commencing from the scheduled/actual time of handover
of the Vehicle until its return and acceptance by the Company;
“Security Deposit” means the refundable amount, if any, collected
from the User as security for the performance of the User’s
obligations; and “Services” shall have the meaning assigned to it
under these Terms and Conditions.
THESE TERMS OF SERVICES IS AN ELECTRONIC RECORD IN
THE FORM OF AN ELECTRONIC
CONTRACT FORMED UNDER APPLICABLE LAWS THE
AMENDED PROVISIONS PERTAINING TO ELECTRONIC
DOCUMENTS / RECORDS IN VARIOUS STATUTES. THESE
TERMS OF SERVICES DOES NOT REQUIRE ANY PHYSICAL,
ELECTRONIC OR DIGITAL SIGNATURE.
PLEASE READ THESE TERMS OF SERVICES CAREFULLY. BY
USING THE PLATFORM, YOU INDICATE THAT YOU
UNDERSTAND, AGREE AND CONSENT TO THESE TERMS OF
SERVICES. IF YOU DO NOT AGREE WITH THE TERMS OF
THESE TERMS OF SERVICES, PLEASE DO NOT USE THE
PLATFORM OR SERVICES.
These Terms of Service ( "Terms”) of the website located at the
URL ______________on mobile sites or mobile application and the
other associated/ancillary applications, products, websites and
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services and all other variations of the same and as mobile
applications available on the Google Play Store/Apple App Store
as “____________” (collectively referred to as “Platform”) is
between
NEXRYD TECHNOLOGIES PRIVATE LIMITED (referred as
“Company” or “we” or “us” or “our"), a company incorporated
under the Companies Act, 2013 with its registered office
situated at ‘’____________________”, and the registered Users,
defined to include any person who registers
himself/herself/itself on the Platform and holds an Account on
the Platform (referred as "you" or "your" or “User”) describe the
terms on which Company offers Services.
These Terms are a contract between you and Company. These
Terms of Services shall be read together with the Privacy Policy
available at ____________________or other terms and condition
with all other notices, disclaimers, guidelines appearing on the
Platform from time to time (collectively referred to as "Terms
and Conditions") constitute the entire agreement upon which
you are allowed to access and use the Platform and avail the
Services. By accessing this Platform, you are agreeing to be
bound by these Terms and Conditions, all applicable laws and
regulations, and agree that you are responsible for compliance
with any applicable local laws. Your continued use of the
Platform shall constitute your acceptance to the Terms and
Conditions, as revised from time to time.
For sake of clarification,
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CLICK TO ACCEPT
Before using certain areas of the Platform, you may be asked to
indicate your acceptance of additional special terms and
conditions by clicking a button marked "I Accept" "I
Agree""Okay" "I Consent" or other words or actions that
similarly acknowledge your consent or acceptance of a Click -
Through Terms and Conditions. Any consent so provided by you
will be deemed to be valid consent under all applicable laws.
UPDATION OF TERMS AND CONDITIONS
Your use of the Platform is subject to the Terms and Conditions,
which may be updated, amended, modified, or revised by us
from time to time. To ensure that you are aware of any
additions, revisions, amendments, or modifications that we may
have made to th ese Terms and Conditions, it is important for
you to refer to the Terms and Conditions from time to time. The
updated Terms and Conditions shall be effective immediately
and shall supersede these. We shall not be under an obligation
to notify you of any changes to the Terms and Conditions. You
shall be solely responsible for reviewing the Terms and
Conditions from time to time for any modifications. If you
continue to use the Platform and/or Services after the updated
Terms and Conditions have been published, it shall be deemed
that you have read and understood and accept the updated
Terms and Conditions. Any reference to Terms of Service herein
shall refer to the latest version of the Terms of Service.
PLATFORM SERVICES
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These Terms and Conditions governs your access to the
Platform and such other services which include but are not
limited to the rental booking, subscription, and use of various
two-wheeled vehicles, such as motorcycles, scooters and similar
modes of transp ortation, along with associated features,
content, and functionality provided by our Platform
("Services").
Company reserves the right to update the Platform and /or
Services, in order to, inter alia, introduce new features or
Services, enhance existing features or Services, improve user
experience and performance. You hereby agree that Company
will be able to provide support services only if you install all the
updates upon receiving notifications while using the Platform
and its Services.
ELIGIBILITY AND ACCOUNT REGISTRATION
1. By using the Platform, you affirm that you are at least 18
years of age and are fully able and competent to accept the
Terms and Conditions and the obligations, affirmations,
representations, warranties set forth in the Terms and
Conditions, and to abide b y and comply with the terms
stated therein. Registration of User in the Platform is
available only to persons who can form legally binding
contracts. Persons who are "incompetent to contract"
within the meaning of the applicable law including minors,
un-discharged insolvents, or person with unsound mind
etc. are not eligible to use the Platform.
2. You must register an account on the Platform (an
“Account”). When you register on the Platform and set up
your Account, you must: (i) provide accurate and complete
information; (ii) promptly update your Account
information with any new information that may affect the
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operation of your Account; (iii) authorize Company to make
any inquiries we consider necessary or appropriate to
verify your Account information or the information you
provide to us via the Platform including document proofs
or copies or any such information as required mandatorily
by applicable law that need to be provided to us; and (iv)
acknowledge and accept any applicable policies, including
but not limited to those pertaining to service quality,
confidentiality, User integrity, anti -harassment and
conflict of interest. You will not use false identities or
impersonate any other person or use another account that
you are not authorized to use on any computer, mobile
phone, tablet, or other device (collectively “Device”).
3. Documents required for using the Services:
1. For Domestic Users: The following documents will
be needed to rent or subscribe to a vehicle and same
needs to be uploaded and verified on our Platform:
● Driving License: Original Indian Driving
license is required and a learner license is not
applicable.
● Aadhaar Card: Original Aadhaar is required,
and if your mobile number indicated in Aadhaar
is not as your registered number then upload
an additional document (Passport). Passport
will also be considered as a valid ID and address
proof instead of Aadhaar.
● One original document (Driving
License/Identity Card) is to be deposited before
picking up the vehicle, and the same will be
returned once the vehicle is dropped, in the
following city: BANGALORE.
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2. For International Users: The following documents
will be needed to rent or subscribe to a vehicle and
same needs to be uploaded and verified on our
Platform:
● Driving License: A valid driving license from
their home country along with an international
driving permit is necessary.
● Valid visa and Passport.
● One original document (Driving
License/Identity Card) is to be deposited before
picking up the vehicle, and the same will be
returned once the vehicle is dropped, in the
following city: BANGALORE
4.
Additionally, the User should carry their original
documents at the time of the pickup which were uploaded
on the Platform for verification.
5. You are responsible for safeguarding and maintaining the
confidentiality of your Account information. You agree not
to disclose your Account information to any third party
and that you are entirely and solely responsible for any
and all activities or actions that occur pursuant to the use
of your Account on the Platform, whether or not you have
authorized such activities or actions. You will immediately
notify the Company of any unauthorized use of your
Account. You may be held liable for losses incurred by
Company due to authorized or unauthorized use of your
Account as a result of your failure in keeping your Account
Information secure and confidential.
If you provide any information that is untrue, inaccurate,
not current or incomplete (or becomes untrue, inaccurate,
not current or incomplete), or Company has reasonable
grounds to suspect that such information is untrue,
inaccurate, not current or incomp lete, Company has the
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right to suspend or terminate your Account and refuse any
and all current or future use of the Platform / Services (or
any portion thereof).
PLATFORM LICENSE
6. Subject to your compliance with these Terms, Company
grants you a limited, non -exclusive, non -transferable
license: (i) to view, download and print any content of
Platform solely for your personal and non -commercial
purposes; and (ii) to access, modify, edit and download any
content, to which you are permitted access solely for your
use. You have no right to sublicense the license rights
granted herein.
7. You will not use, copy, adapt, modify, prepare derivative
works based upon, distribute, license, sell, transfer,
publicly display, publicly perform, transmit, stream,
broadcast or otherwise exploit the Platform and Services,
except as expressly permitted in the Terms. No licenses or
rights are granted to you by implication or otherwise under
any Intellectual Property Rights owned or controlled by
Company or its licensors, except for the licenses and rights
expressly granted in the Terms. The Platform and th e
Intellectual Property Rights vested therein is owned by the
Company.
8. You agree that this Platform and its Services are made
available to you on a non-exclusive, non-transferable, non-
sublicensable and on a limited license basis and hence,
you will not permit, enable, introduce or facilitate other
persons to participate in a vailing Services from your
Account, including others who may be subject to an
agreement that is the same or similar to this Terms and
Conditions.
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ADDITIONAL TERMS AND CONDITIONS FOR USERS USING
VARIOUS SERVICES OFFERED BY THE COMPANY
1. Rental Booking Model : You shall be obligated to remit the
booking amount exclusively via online channels, specifically
through our Platform. To gain access to the Services provided
by the Company, you must effectuate payment in accordance
with the stipulated amount as determined by the Company and
displayed on the Platform, which may be subject to alteration
at the sole discretion of Company.
2. Extension Payment : In the event that the User necessitates
an extension of the rental duration, the User shall be held
responsible for the settlement of any and all additional sums
payable for the extended rental. Such payments shall
exclusively be facilitated through our Platform, contingent upon
the availability of the requisite vehicle.
3. Invoice : The User shall make the payment to the Company in
advance as per the invoice.The Company will raise the invoice
on the User for the Services.
4. Multiple Payment Options : The User acknowledges that
multiple payment options such as debit/credit card, net
banking, Unified Payments Interface (UPI) etc are made
available at the time of making a transaction. The User further
agrees and acknowledges that Company shall not be
responsible or assume any liability in respect of any loss or
damage arising directly or indirectly to the User due to any
payment issues arising out of any transaction on the third-party
payment gateway. However, the Company reserves the right,
but have no o bligation, to facilitate and support the User in
mutually resolving any transaction failure or such other
payment issues faced by the User; provided however, that the
User ensures and takes all reasonable efforts to immediately
contact, cooperate with and notify the Company regarding the
payment issues faced by the User.
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5. Payment Gateway and Regulatory Charges : All charges
incurred through the payment gateway and other associated
transactional costs shall be subjected to the regulatory
frameworks and directives as mandated by competent
governmental authorities.
6. Right to Amend : The Company reserves the right to amend
the pricing, pricing bands or structure in any transaction that
falls within the purview of these Terms and Conditions from
time to time for any reason whatsoever, subject to due
notification of such amendment to th e User (direct notification
or via Platform) and the User specifically disclaims any and all
rights that vest upon him/her under any contract, law or equity
in this regard.
Refunds and Cancellation: Any security deposit collected will be
refunded to the User.
1. Booking related :
No show - 100% deduction, after 45min / 1hr of the Pickup
time.
Between 0 - 6 hrs of the pick up time - 75% rental charges will
be withheld.
Between 6-12 hrs of the pick up time: 50% rental charges will
be withheld.
Between 12-24 hrs of the pick up time: 25% rental charges
will be withheld. Excluding the GST charges
2. BOOKING CONFIRMATION: A booking shall be deemed
confirmed only upon successful payment and receipt of
booking confirmation through the Platform, SMS, e -mail
or other authorised communication. Mere submission of a
booking request shall not constitute confirmation of the
booking. The Company reserves the right to decline or
cancel a booking where the Vehicle is unavailable, the User
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fails to satisfy the eligibility requirements, or any
information/document furnished by the User is found to
be incorrect or invalid.
3. Cancellation due to document issue:
50% of the rental amount will be deducted, if:
The user is not willing to submit the document as per the Terms
and Conditions.
The user is not able to verify his/her identity.
The user has submitted the documents but not present
physically at the location or someone else tries to collect the
vehicle on their behalf. User’s documents are not valid.
4. Timeline: Any refund processed by the Company usually takes
3 (three) to 7 (seven) working days. The refund amount shall be
credited to the source account specified by the User during the
booking process. The actual time taken for the refund to reflect
in the source account may vary depending on the policies and
processing times of financial institutions, and the Company
shall not be held liable for any delays beyond its control.
5. Early Drop-off Refunds : For avoidance of doubt, it is hereby
clarified that no refunds will be issued in cases of early drop -
offs.
6. Deposit : For select vehicles, the Company may require the
User to provide a refundable security deposit as a condition of
rental. This deposit serves as a security measure to cover
potential damages, liabilities, or outstanding charges that may
arise during the rental period. The refund of the security deposit
shall be initiated by the Company within a reasonable time
frame, typically ranging from 3 (three) to 7 (seven) working days.
The countdown for this processing time commences from the
date of the invoice gene rated after the conclusion of the rental
trip. The refund amount shall be credited to the source account
specified by the User during the booking process. The actual
time taken for the refund to reflect in the source account may
vary depending on the policies and processing times of financial
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institutions, and the Company shall not be held liable for any
delays beyond its control.
Delayed Return
Week-Days: Scooters / Commuters / Midrange & Highend
● If delayed by 2hrs Hourly charges as per the delayed hours and
Late hour penalty of 200inr.
● If delayed by 4hrs Hourly charges as per the delayed hours and
Late hour penalty of 300inr
Week-Ends: Scooters / Commuters / Midrange & Highend
● If delayed 2hrs penalty will be considered as per day charges
booking will be collected.
● If delayed by 4hrs per day charges plus Late hour penalty of
200 extra will be charged.
Maintenance:
The User shall be solely responsible for regularly checking engine oil
levels and ensuring proper maintenance of the vehicle while it is
being operated on public roads. The Company shall not be
responsible for any punctures or for maintaining the cleanline ss of
the vehicle during the rental period. In the event of any mechanical
issue arising during the rental period, the User must immediately
notify the Company. The User must also obtain prior written approval
from the Company before carrying out any repairs, modifications, or
mechanical work on the vehicle during the rental period. The User
shall be liable for any mechanical damage or failure resulting from
negligence or improper routine maintenance of the vehicle during the
booking period.
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FUEL / EXCESS KILOMETRES / DAMAGES
1. At the time of handing over the Vehicle, the Company may record
its condition, including existing damages, fuel/battery level,
odometer reading, keys and accessories.
2. The User shall inspect the Vehicle at the time of pickup and
immediately inform the Company about any existing damage or
defect.
3. Photographs, videos and inspection records may be used to
determine the condition of the Vehicle at the time of return and any
subsequent damage or loss.
VEHICLE RETURN / CHECK-IN
The User shall return the Vehicle at the agreed date, time and
location in the same condition in which it was received, subject to
normal wear and tear.
At the time of return, the Company may inspect and record the
Vehicle’s condition, odometer reading, fuel/battery level, keys and
accessories.
Any damage, missing items, excess kilometres or other applicable
charges may be recovered from the User in accordance with these
Terms and Conditions.
EXTRA CHARGES
Excess Kilometres: Any charges applicable for usage beyond
the allotted kilometre limit shall be calculated at the time of
vehicle drop -off, and the User shall be required to make
payment at the designated location.
Damages: The vehicle will be inspected for any damages at the
time of drop-off. Applicable damage charges shall be assessed
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and collected immediately in accordance with the prescribed
damage terms and conditions.
Over-speeding: The User must operate the vehicle within the
permitted speed limits. The maximum speed limit applicable to
each vehicle may vary and will be communicated in the booking
confirmation email. The User shall comply with the lower of (i )
the speed limit specified for the vehicle, or (ii) the speed limit
prescribed by the relevant governing authority. Upon 3 (three)
consecutive violations of the prescribed speed limit, each
subsequent violation shall attract a penalty of INR 500/- (Indian
Rupees Five Hundred only) per instance.
USE OF YOUR INFORMATION
1. You may provide only information that you own or have
the right to use. We may only use the information you
provide as permitted by our Privacy Policy and applicable
law. For example, we will never share your personally
identifiable information without you r prior permission.
Please closely review our Privacy Policy for more
information regarding how we use and disclose your
personal information. Our Privacy Policy is hereby
incorporated into these Terms of Service by this reference.
2. We ensure easy access to the Users by providing an option
to update your Account information. We reserve the right
to moderate the changes or updates requested by you.
3. We reserve the right to maintain, delete or destroy all
information and materials posted or uploaded through the
Services, pursuant to our internal record retention and/or
destruction policies. We (may/may not) make use of third-
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party cloud services providers or use our own service
infrastructure for hosting the servers and databases.
While we make commercially reasonable efforts to ensure
that the data stored on our servers is persistent and
always available to the User, we will not be responsible in
the event of failure of the third -party servers or any other
factors outside our reasonable control that may cause the
User’s data to be permanently deleted, irretrievable, or
temporarily inaccessible.
4. You acknowledge and agree that we may preserve your
information and may also disclose your related
information if required to do so by law; or in the good faith
belief that such preservation or disclosure is reasonably
necessary to: (i) comply with legal process, applicable laws
or government requests; (ii) enforce these Terms of
Services; (iii) respond to claims that any of your usage of
the Platform violates the rights of third parties; (iv) detect,
prevent, or otherwise address fraud , security or technical
issues; or (v) protect the rights, property, or personal safety
of the Platform, its users, or the public.
ACCIDENT AND BREAKDOWN PROCEDURE
In the event of an accident, collision, theft, breakdown or other
incident involving the Vehicle, the User shall immediately notify
the Company and, where required by law, the police or other
competent authority. The User shall cooperate fully with the
Company and its insurer, provide photographs, videos, location
details, documents and other relevant information, and shall
not admit liability, settle any claim or compromise with any
third party on behalf of the Company without prior written
authorisation, except where required by law or necessary to
protect life or safety.
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USE OF THE VEHICLE AND PROHIBITED USES
Users must make bookings for personal use only and are solely
responsible for the rented or subscribed vehicle during the rental or
subscription period (as the case may be). Any breach of terms during
the rental or subscription period will be considered a material breach
of these Terms and Conditions. The Company does not guarantee
vehicle availability but will act in the User's best interest. The User
has to follow the under mentioned terms and conditions:
1. Users must handle large and powerful vehicles with care,
especially if they are beginners;
2. Users between the age group of 18-20 years will be allowed
to ride vehicles below 200cc and the Users who are 21
years and above will be allowed to ride all vehicles,
including superbikes;
3. The User must wear helmets and appropriate riding gear.
4. The use of mobile holders is at the customer’s discretion.
The company shall not be held liable for any damages to
the rider or their devices resulting from the use of the
mobile holder.
5. Bookings and extensions are subject to vehicle availability;
6. Only the User is allowed to drive the vehicle;
7. Vehicles must be picked up and dropped off at the
Company’s designated parking locations unless home
delivery is requested and paid for (subject to availability
and discretion of the Company);
8. The User is responsible for inspection of the vehicle at the
pickup location and is expected to inform the executive
immediately in case of any damages, malfunctions,
missing parts etc.;
9. While the vehicles are insured, Users are responsible for
maintaining their own personal insurance coverage. The
Company shall not be liable for any medical, accidental
expenses incurred by a User.
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10. Users ride at their own risk, and the Company is not
responsible for any loss, injury, or death resulting from
vehicle hire;
11. Vehicles must be returned in the same condition as
received;
12. In case the vehicle returned is found excessively
dirty/muddy, the User will have to bear the charge of
washing not exceeding INR 200/ - (Indian Rupees Two
Hundred Only);
13. Rental or subscription package excludes fuel, toll,
roadside assistance, and taxes; 14. Users are solely
responsible and liable for any traffic violations and
associated costs. Users must report such violations to a
Company’s representative as soon as possible;
15. Users bear towing costs for tire puncture, collision, or
breakdown due to improper usage. Mechanical failures are
covered by the Company;
16. All our bikes have GPS tracking devices; we recommend
that the User follow speed guidelines – our team gets
automated updates on the bikes that exceed speed limits
and can penalize the User for rash driving up to INR 500/-
(Indian Rupees Five Hundred Only) per instance;
17. In case the User has left any belongings, the Company will
try its best to return the same to the User however the
Company cannot be held responsible for the loss of any
items due to the negligence of the User;
Electric Vehicle (EV)
i. General Conditions
1. A valid and effective Driving License is
mandatory for operating the electric vehicle, in
accordance with applicable Government
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regulations, as the vehicle qualifies as a high -
speed EV.
2. Rental charges do not include battery charging
costs. All charging expenses shall be borne
exclusively by the User.
3. The vehicle shall be delivered to the User with a
minimum battery charge of 30%.
4. The User shall return the vehicle with the same
level of battery charge as provided at the time of
handover and in no case less than 30%.
5. Charging grids or infrastructure supplied by the
OEM, may be utilized at the User’s discretion.
However, any charges imposed by the charging
service provider shall be the sole responsibility
of the User.
6. A charger shall be provided along with the
vehicle. The User shall be solely responsible for
charging the vehicle strictly in accordance with
the prescribed operating guidelines and safety
instructions.
7. The Company will be providing a charger along
with the vehicle, however it's the User's
responsibility to charge the vehicle according to
the guidelines.
ii. Charger Liability
1. The vehicle is supplied with an official charging
unit.
2. In the event of loss, theft, destruction, or
damage to the charging unit, whether arising
from negligence, misuse, unauthorized use, or
otherwise, the User shall be liable for the full
replacement cost.
3. The replacement cost of the charging unit shall
be as per the new cost billed by the showroom.
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4. The aforesaid amount shall become
immediately due and payable upon assessment
and confirmation of such loss or damage by the
Company.
iii. Keyless Entry System Liability
1. The vehicle is equipped with a keyless entry
system, including a smart key and/or key
module.
2. In the event of loss, theft, or damage to the
smart key and/or key module, the User shall be
liable for the full replacement cost.
3. The replacement cost of the smart key and/or
key module shall be as per the cost billed by the
showroom.
4. The applicable replacement amount shall be
immediately due and payable upon
confirmation of such loss or damage by the
Company.
18. The use of a Company’s vehicle under the following
conditions is prohibited:
i. User will not carry load or passenger more than the
prescribed limit by the authorities; ii. Our vehicles
shall be used solely for personal use and cannot be used
for rallies and rally surcharges or any format of
professional or amateur competitions or for performing
stunts;
iii. Our vehicle will not be used by any person who is
under the influence of (a) alcohol or (b) any drug or
medication under the effects of which the operation
of a vehicle is prohibited or not recommended;
Page 19 of 32
iv. Our vehicle will not be used for any illegal activities
or activities that are prohibited under applicable
laws;
v. Users are not allowed to make any modifications,
internal or external to the motorcycle. Any additional
fittings on the vehicle will lead to prohibition of the
User from usage of the motorcycle any further;
vi. Minors will not be provided with any vehicle from the
Company and the same is expected from the Users.
The Company will not be responsible in case the
vehicle is shared with a minor;
vii. Any sharp objects, weapons or illegal substances are
prohibited from being carried on any Company’s
vehicle.
PROCESS TO RENT HELMET
19. 1 complementary helmet is provided without any charge.
20. Extra helmets can be added while making the booking.
You will get an option on the summary page to select the
quantity of the helmet.
21. Users can rent only 2 helmets per booking.
22. If the helmet is damaged or lost, a charge of INR 500/ -
(Indian Rupees Five Hundred Only) per helmet .
LIABILITY FOR VEHICLE DAMAGE
1. The User acknowledges and undertakes the responsibility to
bear all costs for any damage to, loss of, or theft (disappearance)
of vehicle parts, irrespective of causation or fault. Items
rendered irreparable shall be compensated at their prevailing
market price.
2. The representative of the Company shall check the vehicle and
its parts in order to ascertain any damage to items. Damage
shall be defined as follows:
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1. any damage pre existing before the vehicle handover, and
mutually acknowledged by the User and Company, shall
not be charged to the User;
2. a tear in the seat cover shall result in a charge for seat
cover replacement. The opening of stitched joints shall not
incur charges;
3. Any variations indicating damage, not attributed to normal
wear and tear, shall be chargeable and borne exclusively
by the User.
3. In the unfortunate event of an accident or collision involving
vehicles with an engine capacity below 200cc, it is hereby
stipulated that the User shall bear responsibility for the
payment of a standardized amount as delineated below:
1. An amount not exceeding INR 15,000/ - (Indian Rupees
Fifteen Thousand Only), coupled with an additional charge
equivalent to 80% of the daily rental or subscription rate
(as the case may be) for each day during which the vehicle
remains inactive, consequent to repair and maintenance.
2. In instances wherein the assessed damages transcend the
sum of INR 15,000/ - (Indian Rupees Fifteen Thousand
Only), as professionally estimated, an insurance claim
shall be promptly instituted. Subsequently, an ancillary
sum of INR 15,000/ - (Indian Rupees F ifteen Thousand
Only) shall be levied upon the User.
3. In the lamentable event of an accident or collision involving
vehicles with an engine capacity of 200cc and above, it is
hereby established that the User shall be held accountable
for the payment of a standardised amount, the particulars
of which are enumerated hereunder:
4. In instances wherein the assessed damages transcend the
sum of INR 25,000/ - (Indian Rupees Twenty Five
Thousand Only), as professionally estimated, an insurance
claim shall be promptly instituted. Subsequently, an
ancillary sum of INR
Page 21 of 32
25,000/- (Indian Rupees Twenty Five Thousand Only) shall be levied
upon the User.
Theft Liability
● It is hereby solemnly acknowledged that the "onus of
ownership" during the rental or subscription period (as the case
may be) remains squarely upon the User. Consequently, the
User shall be vested with sole and unequivocal responsibility for
any untoward incidents that may transpire during the rental or
subscription period (as the case may be).
● In the lamentable circumstance of the vehicle's theft or
disappearance during the rental or subscription period (as the
case may be), it shall be incumbent upon the User to promptly
initiate the filing of a First Information Report (“FIR”) at the
nearest police station. Furthermore, the User shall be obliged to
diligently adhere to all ensuing legal procedures until such time
as the vehicle is either recovered or an insurance claim is
deemed valid.
● In the regrettable event of the insurance claim being repudiated,
the User shall bear the onus of remitting payment equivalent to
the fair market value of the missing vehicle.
● Refusal to comply with the vehicle recovery process or any
reluctance to remit the requisite sum may, at the discretion of
Company, precipitate the initiation of legal proceedings against
the User. The User shall, in this instance, be liable for any and
all legal expenses incurred as a result thereof.
The User agrees and undertakes to assume responsibility
for any and all legal and recovery costs incurred in the
course of addressing the aforementioned matter described
in this Clause 12.
THIRD PARTY SITES
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1. While availing Services, Users may connect with third -
party service providers. The Company is not responsible
for, and does not endorse, any third -party services
mentioned on the Platform or otherwise recommended by
the Company. It is hereby stated that th e Company shall
in no way be responsible for any acts or omissions of third
parties. Any transaction, dealings or communication
otherwise that the User may have with such third parties
are at the User’s own risk and we make no warranties,
express or implie d regarding the quality or suitability of
the services or products of such third -party vendors. You
may be redirected to a third -party website upon clicking
on such links, these websites will be governed by its
privacy policy and terms of use. We shall not be
responsible for any transaction or dissemination of
information that may take place while accessing these
third-party websites.
2. You acknowledge that when you access a link that leaves
the services, the site you will enter into is not controlled by
us and different terms of use and privacy policy may apply.
By assessing links to other sites, You acknowledge that we
are not responsible for those sites. We reserve the right to
disable links to and/or from third -party sites to the
Services, although we are under no obligation to do so.
INTERACTIVE SESSIONS
3. Some parts of the Services are interactive, and the
Company is in no way responsible for the content,
information or actions of the User and/or other third
parties. You are solely responsible for your interactions
and communications with the third -party in cluding any
sensitive personal information provided by you to any
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other parties with whom you interact or communicate with
through the Service.
4. You shall not use the Platform except strictly for the
purposes specifically laid down in this Terms of Service.
INTELLECTUAL PROPERTY
1. Company shall own all right, title and interest (including
patent rights, copyrights, trade secret rights, mask work
rights, trademark rights and all other rights of any sort
throughout the world) relating to any and all inventions
(whether or not patentab le), works of authorship, mask
works, designations, designs, know -how, content of the
Platform, video recordings, ideas and information, google
text chats which are subject matter of Services (collectively
referred to as “Intellectual Properties”).
2. Notwithstanding anything contained in this Terms and
Conditions, Intellectual Properties include all rights of
paternity, integrity, disclosure and withdrawal and any
other rights that may be known as or referred to as “moral
rights,” “artist’s rights,” “droit moral,” or the like.
3. While rendering Services, Company directly or through its
representatives, may provide Users with certain materials
relevant to the Services, which may be in the form of audio,
video, written and oral content ( “Company Materials” ).
Company Materials shall be the exclusive property of the
Company. User hereby agrees and acknowledges that
he/she shall ensure that the Company Materials are not
shared with any third party, without Company’s written
consent and any breach of such natur e shall cause
financial and irreparable injury to Company. Company
hereby provides User with a revocable, non-exclusive, non-
transferable, non-sublicensable, limited license to use the
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Company Materials solely for its personal purpose and not
for any commercial use.
CONFIDENTIALITY
1. The User agrees to keep all technical and non -technical
information, which Company may have acquired before or
after the date of this Terms and Conditions in relation to the
technology, customers, business, operations, financial
conditions, assets or affairs of the other Party resulting from
negotiating this Terms and Conditions; or exercising its
rights or performing its obligations under this Terms and
Conditions; or which relates to the contents of this Terms
and Conditions (or any agreement or arrangeme nt entered
into pursuant to this Terms and Conditions), including but
not limited to business plans, business forecasts, research,
technology and financial information, procurement
requirements, purchasing requirements, manufacturing,
customer lists, sales and merchandising efforts, marketing
plans, experimental work, development, design details,
specifications, engineering, copyrights, trade secrets,
proprietary information, know -how, processes, equipment,
algorithms, software programs, software source doc uments,
and information in any way related to the current, future and
proposed business, products and Services of Company
confidential or any other information designated as
confidential from time to time.
Notwithstanding anything in the foregoing to the contrary,
confidential information shall not include information which: (a)
was known by the User prior to receiving the confidential
information from Company; (b) becomes rightfully known to the
User from a third-party source not known (after diligent inquiry)
by the User to be under an obligation to Company to maintain
confidentiality; (c) is or becomes publicly available through no
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fault of or failure to act by the User in breach of this Terms and
Conditions; (d) is required to be disclosed in a judicial or
administrative proceeding, or is otherwise requested or required
to be disclosed by law or regulation.
RIGHTS AND OBLIGATIONS RELATING TO THE USAGE OF THE
PLATFORM
Users shall be prohibited from carrying out the any illegal acts in the
Platform including but not limited to acts mentioned below:
a. violating or attempting to violate the integrity or security
of the Platform;
b. transmitting any information on or through the Platform
that is disruptive or competitive to the provision of our
Services;
c. intentionally submitting on the Platform any incomplete,
false or inaccurate information;
d. making any unsolicited communications to other Users;
e. using any engine, software, tool, agent or other device or
mechanism (such as spiders, robots, avatars or intelligent
agents) to navigate or search the Platform;
f. circumventing or disabling any digital rights management,
usage rules, or other security features of the Platform.
g. Any unlawful activities in the Platform which are
prohibited by applicable laws.
The Company shall, upon obtaining knowledge by itself or been
brought to actual knowledge by an affected person in writing or
through email signed with electronic signature about any such
information as mentioned above, be entitled to disable such
information that is in contravention of this Clause. We shall also
be entitled to preserve such information and associated records
for at least 90 (ninety) days for production to governmental
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authorities for investigation purposes. In case of non -
compliance with any applicable laws, rules or regulations, or
the Terms and Conditions (including the Privacy Policy) by a
User, we shall have the right to immediately terminate your
access or usage ri ghts to the Platform and Services and to
remove non-compliant information from the Platform.
We may disclose or transfer User -generated information to our
affiliates or governmental authorities in such manner as
permitted or required by applicable law, and you hereby consent
to such transfer. In accordance with the applicable laws, we
shall transfer sensitive personal data or information including
any information, to any other body corporate or a person in
India, or located in any other country, that ensures the same
level of data protection that is adhered to by us, only if such
transfer is necessary for the performance of the lawful contract
between Company or any person on its behalf and the User or
where the User has consented to data transfer.
SUSPENSION AND TERMINATION
1. These Terms of Services are effective unless and until
terminated by either you or Company. You may terminate
these Terms of Services at any time by notifying us that
you no longer wish to use our Services, or when you cease
using our Platform.
2. We have the right to temporarily suspend access to the
whole or any part of the Services for any reason whatsoever
(including but not limited to technical/operational
reasons) and shall be under no liability to you in such an
event. Further, we may, but ar e not obliged to, give you
notice of any interruption of access to the Service.
3. We may temporarily suspend access to the whole or any
part of the Services for pre -scheduled maintenance. The
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intent to temporarily suspend access for pre -scheduled
maintenance shall be communicated to you 48 hours in
advance via phone number/email to the contact details
provided by you upon creation of your Account. If you
choose to access the Platform or avail Services during such
pre-scheduled maintenance, we cannot guarantee the
availability of the Services and/or functionality of the
Platform.
4. We may terminate your usage of the Platform at any time
for any reason, including breach of the Terms and
Conditions. We have the right (but not the obligation) to
refuse to grant access to Platform. Except for the rights
and license granted in these terms , we reserve all other
rights and grant no other rights or licenses, implied or
otherwise.
5. Once temporarily suspended, indefinitely suspended or
terminated, the User may not continue to use the Platform
under the same account, a different account or re-register
under a new account. On termination of an account due
to the reasons mentioned herein, such User shall no longer
have access to data, messages and other material kept on
the Platform by such User. All provisions of the Terms of
Services, which by their nature should survive
termination, shall survive termination, including, without
limitation, warranty disclaimers, indemnity and
limitations of liability.
6. In the event of any termination of this Terms and
Conditions, the User shall promptly and forthwith make
payments accrued or due to Company.
7. Upon termination of these Terms and Conditions, any
rights or obligations of the User existing at the time of
expiration or termination, which, by their nature, survive
the expiration or termination of these Terms and
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Conditions and such other provisions as specifically
identified in this Terms and Conditions, shall survive.
CONTACT YOU
1. You agree that we may contact you through telephone,
email, SMS, or any other means of communication for the
purpose of:
● Rendering Services
● Obtaining feedback in relation to Platform or our
Services;
● Obtaining feedback in relation to any other Users
listed on the Platform;
● Any events or initiatives that you may be interested
in as part of the community of users
● Resolving any complaints, information, or queries by
other Users regarding your critical content.
2. You agree to provide your fullest cooperation further to
such communication by the Company.
3. The User hereby unconditionally consents that such
communications via SMS/other messages and/or voice
call by the Company is: (i) upon the request and
authorization of the User, (ii) 'transactional' and not an
'unsolicited commercial communication' under T elecom
Commercial Communication Customer Preference
(“TRAI”) Regulations, 2010 or such other applicable
regulations including any amendment thereof, as may be
applicable from time to time, (iii) in compliance with the
relevant guidelines of TRAI or such other authority in India
and abroad.
4. The User will indemnify the Company against all types of
losses and damages incurred by Company due to any
action taken by TRAI or any other authority due to any
erroneous complaint made by the User against the
Company with respect to the intimations mentioned above
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or on account of any wrong number or email id provided
by the User for any reason whatsoever.
UPDATES
We reserve the right, at Our sole discretion, to change,
modify, add or remove portions of these Terms of
Services, at any time without any prior written notice to
you. We suggest that you regularly check these Terms of
Services to apprise yourself of an y updates. Your
continued use of the Platform following the posting of
changes will mean that you accept and agree to the
revisions. As long as you comply with these Terms of
Services, we grant you a personal, non -exclusive, non -
transferable, limited privi lege to enter and use the
Platform.
RELATIONSHIP BETWEEN THE USER AND COMPANY
Nothing in this Terms and Conditions shall be construed to
create any relationship between Company and you other than
that of a service provider and user. You do not have the
authority to bind Company in any manner whatsoever.
NON-ASSIGNMENT
These Terms are personal to you and you shall not assign or
transfer or purport to assign or transfer the contract between
you and us to any other person.
GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms of Use are governed by the laws of India. Any
action, suit, or other legal proceeding, which is commenced to
resolve any matter arising under or relating to this Platform,
shall be subject to the jurisdiction of the courts at Bangalore.
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ENTIRE AGREEMENT
The Terms and Conditions are the entire agreement and
understanding between you and Company with respect to the
Services and usage of Platform.
GRIEVANCE REDRESSAL OFFICER
1. In furtherance of the Information Technology Act, 2000 ( “IT
Act”) and the Information Technology (Intermediary Guidelines
and Digital Media Ethics Code) Rules, 2021 ( “Intermediary
Guidelines”) a grievance officer is appointed to ensure
compliance with the IT Act and the Intermediary guidelines. Any
discrepancies or grievances with regard to content and or
comment or breach of the Terms of Service shall be taken up
with the designated grievance officer as mentioned below in
writing or through email signed with the electronic signature to:
Any discrepancies or grievances with regard to content and or
comment or breach of the Terms and Conditions shall be taken
up with the designated Grievance Officer as mentioned below
via in writing or through email signed with the electronic
signature to:
Attention: Prashanth S
Email ID: support@Nexryd.com
Address: Plot No 8 , 100ft road , Old madiwala , Jay bheema
Nagar BTM 1st Stage 1st phase Bangaluru , Karnataka 560068.
The grievance officer shall revert to every complaint within 24
hours of receipt of the complaint. Further, the Company shall
take best possible efforts to redress the complaint within 15
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days of receipt of the complaint. Any suggestions by Company
regarding use of the Services shall not be construed as a
warranty.
SUPPORT
The Company offers an email, calling and in -app-based support
system. In case you require any assistance or support, you may
access support resources or contact our support by calling at
+916364044718 or use the “Help and Support” function on the
Platform or email at support@Nexryd.com. The Company provides
Support in the Operational Hours.
The User agrees and acknowledges that the Company shall address
and attempt to resolve the complaint received in accordance with the
standard policies and procedures adopted by the Company, the
User’s disapproval/discontent with the outcome/mode of redress al
shall not be deemed to mean non -redressal of the complaint by the
Company. Any suggestions by Company regarding use of the Service
shall not be construed as a warranty.
In furtherance of the Consumer Protection Act 2019 ( “Consumer
Protection Act”) and the Consumer Protection (E- Commerce) Rules
2020 (“E-Commerce Rules”) a nodal officer is appointed to ensure
compliance with the Consumer Protection Act and the E -Commerce
Rules.
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The details of the grievance officer to which consumer grievances can
be redressed are as follows;
Attention: Mr. Prashanth S
Email ID: support@Nexryd.com
Address:Plot No 8 , 100ft road , Old madiwala , Jay bheema Nagar
BTM 1st Stage 1st phase Bangaluru , Karnataka 560068.
Designation of such officer: Head Operations Manager (HOM)
The Company shall revert to every complaint within 48 hours of
receipt of the complaint. Further, the Company shall take best
possible efforts to redress the complaint within 30 days of receipt of
the complaint. Any suggestions by Company regarding use of the
Services shall not be construed as a warranty.
The User agrees and acknowledges that the Company shall address
and attempt to resolve the complaint received in accordance with the
standard policies and procedures adopted by the Company, the
User’s disapproval/discontent with the outcome/mode of redress al
shall not be deemed to mean non -redressal of the complaint by the
Company. Any suggestions by Company regarding use of the Service
shall not be construed as a warranty.
CONSUMER PROTECTION
Nothing contained in these Terms and Conditions shall be construed
as excluding or restricting any mandatory rights or remedies
available to a consumer under applicable consumer protection laws.
The Company shall comply with applicable provisions governing e-
commerce transactions, consumer complaints, grievance redressal,
unfair trade practices and other mandatory consumer protection
requirements.