Vehicle Usage Agreement
Hello Skate Mobility LLP
Below documented is the vehicle rental usage agreement made between the company Hello Skate Mobility LLP (“HSM” “HSM-Booz” “We” “Us” “Our”) and the rider (“you” “your”) ”) including acting for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this Hello Skate Mobility LLP Vehicle Rental Usage Agreement.
Effective from: 1st day of January, 2019.
The services provided by Hello Skate Mobility LLP include:
1) HSM-Booz mobile application and related website,
2) Hello Skate Mobility vehicle/vehicles
3) Charging of the electric Vehicle by Rider
4) All other related equipment, personnel, services, applications, websites, and information provided or made available by Hello Skate Mobility LLP.
You expressly agreed to when you signed up for HSM-Booz, You should carefully read all terms and conditions before entering into this Agreement, but here is a partial list of some of the terms that HSM-Booz wants to bring to Your initial attention in the event You are on a smart phone or other device with a small screen.
THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OF-RISK PROVISIONS AND A BINDING ARBITRATION AGREEMENT THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES.
The Vehicle must be locked at the conclusion of the ride. If the Vehicle is not locked, the trip will continue and You will continue to be charged.
Upon conclusion of Your ride, the Vehicle must be parked at a lawful parking spot, i.e. the Vehicle cannot be parked on private property or in a locked area or in any other non-public space or in a basement.
All applicable laws including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric Vehicles must be obeyed, including any helmet laws in Your area.
You must promptly report any damaged or malfunctioning Vehicles to Hello Skate Mobility LLP via the HSM-Booz mobile application or via e-mail.
HSM-Booz expressly agrees to let, and the Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in INR (India National Rupee).
GENERAL RENTAL AND USE OF VEHICLE
Rider is Sole User:
HSM and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Vehicle from the location, the Vehicle must be used only by You. You must not allow others to use a Vehicle that You have activated from the location.
Rider is At Least 15 Years Old or Under Guardian Surveillance in case of less than 15 years of age:
Rider represents and certifies that Rider is at least 15 years old and in case of the rider who is less than 15 years of age must operate the vehicle ONLY under guardian surveillance.
Rider is a Competent Vehicle Operator:
Rider represents and certifies that he/she is familiar with the operation of the Vehicle, and is reasonably competent and physically fit to ride the Vehicle. You can find materials provided by the Vehicle manufacturers here. This information may be updated periodically. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behaviour and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
Vehicle is the Exclusive Property of Hello Skate Mobility LLP:
Rider agrees that the Vehicle and any HSM equipment attached thereto, at all times, remain the exclusive property of HSM. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other HSM equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or other HSM equipment, for any advertising or other commercial purpose without the express written permission of Hello Skate Mobility LLP.
Vehicle Operating Hours and Vehicle Availability:
Rider agrees and acknowledges that the Vehicles are not available 24 hours a day, 7 days/week, 365 days per year as Hello Skate Mobility will include any 5 hours of a particular day as maintenance hours during which the number of Vehicles are limited and Vehicle availability is never guaranteed.
Vehicle May be Used and/or Operated only in Metropolitan Areas:
Rider agrees to only use, operate, and/or ride the Vehicle in metropolitan areas and are not allowed to ride in off-roads or unpaved roads and footpaths.
Rider Must Follow Laws Regarding Use and/or Operation of Vehicle:
Rider agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all state and local laws and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including any helmet laws. Rider also agrees to act with courtesy and respect toward others while using the HSM Services.
Rider agrees to the following:
HSM recommends not to operate a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance or impair safe operation of the Vehicle. If You choose to use such an item, HSM recommends that You ensure the item fits snugly to Your body and does not impede Your ability to operate the Vehicle safely.
You must not place heavy objects on the handlebar of the Vehicle, such as heavy backpacks or bags or pets.
While riding a Vehicle, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle safely.
You must not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Vehicle safely.
You must not carry a second person or child on a Vehicle.
You may only use locking mechanisms provided by HSM. You may not add another lock to the Vehicle or lock a Vehicle to anything.
The Vehicle must be parked at a lawful parking spot, in an upright position using the kickstand. The Vehicle cannot be parked on unauthorized private property, in a locked area, or in any other unapproved non-public space. You should not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of being knocked down.
The Vehicle must be parked in a space that is visible not in basement or super enclosed.
Vehicle is Intended for Only Limited Types of Use:
Rider agrees that he/she will not use the Vehicle for racing, mountain riding, or stunting or trick riding. Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water bodies or in any location that is prohibited, illegal, and/or a nuisance to others. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.
Weight and Cargo Limits:
You must not exceed more than 95 kilograms (95kg) by any means on the vehicle.
You must not tamper with, attempt to gain unauthorized access to, or otherwise use the HSM Services other than as specified in this Agreement.
Reporting of Damage or Crashes:
Rider must report any accident, crash, damage, personal injury, or stolen or lost Vehicle to HSM as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, Rider shall file a report with the local police department within 24 hours. Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, lawyer’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle.
YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT
Rider Responsibility for Vehicle Use and Damage:
Rider agrees to return the Vehicle to HSM in the same condition in which it was rented. Rider will not be responsible for normal wear and tear.
The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following:
The level of charge power remaining in the Vehicle will decrease with use of the Vehicle over both time and distance travelled, and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease.
The level of charging power in the Vehicle at the time Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use.
The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors.
It is Rider’s responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle.
The distance and/or time that Rider may operate the Vehicle before it loses charging power is never guaranteed.
The Vehicle may run out of charge power and cease to operate at any time during Rider’s rental of the Vehicle, including before reaching Rider’s desired destination.
Charging of Vehicle:
If the Vehicle runs out of charging power during a rental, Rider shall conclude the ride in compliance with all terms of this Agreement. Alternatively, in Rider’s sole discretion, Rider may charge the Vehicle only by plugging a proper manufacturer-approved charging cord into an outlet that may be lawfully used for such purpose. Rider agrees to follow all laws and rules pertaining to the charging of the Vehicle, including all state and local laws and all public and private rules and regulations pertaining to the area and to the property where Rider is charging the Vehicle. Rider agrees that he/she is responsible for all costs, charges, fees, expenses, penalties, and fines associated with the charging of the Vehicle, and that HSM will not reimburse Rider for such.
Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs, and expenses, penalties, lawyer’s fees, judgments, suits, or disbursements of any kind or nature whatsoever related to charging of the Vehicle. By choosing to charge a Vehicle, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that HSM and all other Released Persons are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle.
PAYMENT AND FEES
Rider may use the Vehicle on a pay per ride basis or as otherwise in accordance with the pricing described in the HSM-Booz mobile application. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by HSM. HSM will charge the Rider through credit, or debit card or through another agreed payment method.
Promo codes are one-time offers and can be redeemed only via the HSM-Booz App. HSM reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
Maximum Rental Time and Charges:
Maximum rental time is 12 hours. Rider agrees that Rider will deactivate the Vehicle rental within 12 hours of renting a Vehicle. Rider may then rent again. Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking of the Vehicle. The maximum charge per day is INR 200 and is based on a calendar day. After return of the Vehicle, Rider will be charged the accumulated rental charges, or the maximum day charge, whichever is less. Vehicles not returned locked and a ride concluded within 48 hours will be considered lost or stolen, and Rider may be charged INR 20,000 and a police report may be filed. HSM may also charge a service fee of INR 100 for rentals in excess of 24 hours where the Vehicle is not lost or stolen.
Valid Credit Card or Debit Card:
To be registered to use the HSM Services, Rider must provide HSM with a valid credit or debit card number and expiration date to add money to HSM wallet. Rider represents and warrants to HSM that Rider is authorized to use any credit or debit card Rider furnishes to HSM. Rider authorizes HSM to charge the card for all fees incurred by Rider. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by HSM. If Rider disputes any charge on Rider’s credit or debit card account, then Rider must contact HSM within 7 business days from the end of the month with the disputed charge, and provide to HSM all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the ride associated with the disputed charge. Rider agrees to immediately inform HSM of all changes relating to the card.
Pick Up Fees:
If You are unable to return a Vehicle to a valid area or You deactivate the Vehicle on private property, a locked community, or another unreachable area and request that the Vehicle be picked up by HSM staff, HSM, at its sole discretion, may choose to charge You a pick-up fee up to INR 200. If any Vehicle accessed under Your account is abandoned without notice, You will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus a service charge which is currently INR 500 to recover the Vehicle. Fees are subject to change.
Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following:
1) Sturdiness of Wheels,
2) Safe operation of all brakes and lights,
3) Good condition of the frame,
4) Sufficient battery charge power to reach your destination
5) Any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service to alert HSM of any problems.
Lost or Stolen Vehicle:
A Vehicle may be deemed lost or stolen if:
1) The Vehicle is not returned within 24 consecutive hours,
2) The Vehicle’s GPS unit is disabled,
3) The Vehicle is parked on unauthorized private property, in a locked area, or in any other non-public space for more than ten minutes after a ride ends,
4) The Vehicle moves more than 10 meters after a rental has ended and HSM believes such movement was not caused by another Rider or authorized third party,
5) Other facts and circumstances that suggest to HSM in its reasonable, good faith determination that a Vehicle has been lost or stolen. HSM and You agree that the last Rider of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise to HSM in its reasonable, good faith determination. If HSM deems a Vehicle lost or stolen, HSM shall have the authority to take any and all actions it deems, including obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Rider agrees the data generated by HSM’s computer is conclusive evidence of the period of use of a Vehicle by a Rider. Rider agrees to report Vehicle disappearance or theft to HSM immediately or as soon as possible.
HSM recommends that all Riders wear a ISI approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions.
Rider agrees that HSM does not provide or maintain places to ride Vehicles, and that HSM does not guarantee that there will always be a safe place to ride a Vehicle. Roads, sidewalks, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards.
Limitations on Vehicle Rental:
Rider agrees that HSM is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. HSM provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.
Limitations on Availability of HSM Services:
HSM makes every effort to provide HSM Services 365 days per year, but does not guarantee that HSM Services will be available at all times, as unforeseen events or other circumstances might prevent HSM from providing the HSM Services. Access to HSM Services is also conditioned on the availability of Vehicles. HSM does not represent or warrant the availability of any of HSM-Booz Services or the availability of any Vehicle at any time. Rider agrees that HSM may require Rider to return a Vehicle at any time.
Termination by HSM:
At any time and from time to time, and without Rider’s consent, HSM may unilaterally terminate Rider’s right to use the HSM Services, in HSM’s sole discretion and without any notice or cause. Rider may terminate Rider’s use of the HSM Services at any time; provided, however, that
1) No refund will be provided by HSM,
2) The term of this Agreement continues in accordance with this Agreement,
3) Rider may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider’s right to use any of the HSM Services, regardless of how the Agreement is terminated.
Confidentiality of Information:
This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Gujarat and Government of India, excluding principles of conflicts of laws. For every dispute regarding this Agreement:
1) The prevailing party is entitled to its costs, expenses, and lawyer fees in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled,
2) Each party consents to the jurisdiction of the courts of the State of Gujarat and agrees that those courts have personal jurisdiction over each party,
3) Venue must be in Ahmedabad District of Gujarat State.
Primary Dispute Resolution:
Rider Support is available via the app to address any concerns you may have regarding your use of a Vehicle and/or this Agreement. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.
All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
Modification by HSM:
This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Rider’s consent, HSM may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the HSM Services after any amendment, modification, or change, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, HSM will post a notification on the Website and mobile application.
Execution of this Agreement:
This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of HSM. Rider acknowledges that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of this agreements.
DISCLAIMERS AND ASSUMPTION OF RISK
In exchange for Rider being allowed to use HSM Services, Vehicles, and other equipment or related information provided by HSM, Rider agrees to fully release, indemnify, and hold harmless HSM and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) with which the operators have contracted with to provide HSM Services, and every sponsor of any of the HSM Services and all of the sponsor’s owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns from liability for all “Claims” arising out of or in any way related to Rider’s use of the HSM Services, Vehicles, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or wilful misconduct. Such released are intended to be general and complete releases of all Claims. All of the HSM Services, Vehicles, and related equipment are provided “as is” and “as available,” and Rider relies on them at Rider’s own risk.
Rider is aware that Rider’s use of any of the HSM Services, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Rider or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
vehicles and other objects;
Vehicle or component malfunction;
failure to follow applicable laws regarding use and/or operation of the Vehicle
commission of any of the prohibited acts
failure to perform the required safety check
failure to wear a helmet where required by law; and
Negligent acts or omissions by HSM, any other Released Person, Rider, or third party.
Rider is solely and fully responsible for the safe operation of Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Rider assumes full and complete responsibility for all related risks, dangers, and hazards.
RIDER ACCEPTANCE OF AGREEMENT
I certify that I have read and expressly agree to the terms and conditions ; Disclaimers; Assumption of Risk, and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the Vehicle, and am reasonably competent and physically fit to ride the Vehicle.
I certify that I am the Rider, I am 15 years old or over or Under Guardian Surveillance in case of less than 15 years of age, I will wear a helmet where required by law, I will not ride a HSM-Booz with another occupant, I will obey all traffic laws, I will ride at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.