This agreement ("user agreement") incorporates the terms and conditions for VoltAsset Ventures
Private Limited ("VVPL") to provide services to the person (s) ("User") intending to take the
services of VVPL’s FLYY Ride related products and/ or services (“FLYY”) offered by VVPL by using
VVPL's Website and Mobile App.
Whereas User is eager to avail the FLYY Services and take on hire a FLYY Ride as per the details
entered by him/her in the booking form. User has understood the tariffs and rates applicable,
and his use of the FLYY Services will be governed as per the terms of this agreement.
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1.1.
User availing FLYY Services shall be deemed to have read, understood and expressly
accepted the terms and conditions of this agreement, which shall govern the desired
transaction or provision of such services by VVPL for all purposes, and shall be binding
on User. All rights and liabilities of User and/or VVPL with respect to any services to
be provided by VVPL shall be restricted to the scope of this agreement.
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1.2.
User shall be the sole renter and is responsible for compliance with all terms and
conditions contained herein. User understands that when he/she rents a FLYY Ride, FLYY
Ride must be used only by User. User cannot allow others to use or ride FLYY Ride.
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1.3.
User must be at least 18 years in age and must hold a valid driving license to ride
the electric vehicle. User shall provide copy of the valid driving license at the time
of registration with FLYY. Providing or uploading any documents that are forged
or invalid for any reason is a serious offence. User also agrees that he/she shall
strictly follow the relevant laws (including the motor vehicle act laws, local traffic
laws, rules & regulations) regarding use and/or operation of the electric vehicle.
User also agrees that he/she shall follow the rules stipulated and laid out by FLYY.
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1.4.
User acknowledges and warrants that he/she is aware of the operation of the
mentioned smart electric vehicle, and is competent and physically fit to ride the
vehicle. By choosing to ride a FLYY Ride, User assumes all responsibilities and
risks for any injuries or medical conditions. User is responsible for deciding
whether conditions, including rain, storms, or man-made situations, make it safe to
operate FLYY Ride.
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1.5.
User agrees to use, operate and/or ride FLYY Ride only in geographical areas
designated by VVPL and within the FLYY Zone area. User agrees to end the ride
only at VVPL’s designated parking locations, viz. FLYY Zones. User agrees to not
to park the vehicle on private property or basement or in a locked area or in any
other non-public space or paid parking space or no parking zone. User also agrees
that he/she is not allowed to use the vehicle beyond the areas designated as FLYY
Zone.
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1.6.
User agrees to not to add any other lock to vehicle. User must only use locking
mechanisms provided in FLYY Ride. User also agrees to not to tamper with,
attempt to gain unauthorized access using, or otherwise use FLYY Service or any
of its equipment, other than for purposes of using FLYY Ride as per the terms of
this Agreement.
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1.7.
While riding FLYY Ride, User agrees:
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1.7.1
To fully comply with the Motor Vehicle Act laws, rules, notifications, and other
general laws.
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1.7.2
To not allow others (including juveniles) to use or ride FLYY Ride.
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1.7.3
To carry the original license.
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1.7.4
To wear a helmet.
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1.7.5
To use the vehicle only for personal and non-commercial use.
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1.7.6
Not to carry any luggage, material or other items that hinders Users ability to operate FLYY Ride safely.
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1.7.7
Not to carry a second person or child.
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1.7.8
Not to carry any hazardous materials and substances.
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1.7.9
Not to use or wear any electronic devices or gadgets, including mobile
phone, earphone, music player or any other device.
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1.7.10
Not to exceed the speed limit as stipulated by law. Not to exceed speed limit of more than 25 km/h for low-speed e-scooters. FLYY Ride should not be used for racing, stunt or trick riding, or for any purpose which might violate any law or regulation in any manner. In case of any violation of traffic rules by User, User will be fully responsible to pay the required fines/penalties. If any case is registered by the police authorities against FLYY Ride, VVPL being the owner of the vehicle, User shall assume all responsibility legally and compensate VVPL of all costs, fines and legal fees incurred.
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1.7.11
Not to use FLYY Ride on unpaved roads or waterlogged roads/areas or in
any location that is prohibited/ not usable, illegal and/or a nuisance to
others.
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1.7.12
Not use FLYY Ride while under the influence of any alcohol, drugs,
medication, or other substance that may harm User’s ability to operate the
vehicle safely.
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1.7.13
Not to cross state borders and any such activity is strictly forbidden and
will attract penalty and other punitive measures.
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1.8.
User agrees to return FLYY Ride at FLYY Zones in the same condition in which it
was rented.
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1.9.
In case of any accident, crash, damage, personal injury, stolen or lost vehicle, User
must immediately report the same to VVPL and no later than one hour from the
time of incident taking place. If the accident involves personal injury, property
damage, or in case of a stolen vehicle, User must also immediately file a complaint
with the local police station within one hour. User shall report to VVPL in writing,
the entire events in minutest detail regarding any incident. Any police cases shall
be reported to VVPL immediately. Any misstatement or concealment of
information is an offence. User agrees that he/she is fully responsible and liable for
any and all consequences, claims, demands, damages, losses, liabilities, costs and
expenses, penalties, attorney’s fees, suits or disbursements of any kind or nature
whatsoever related to the said incident. User agrees to fully indemnify VVPL for
the same.
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1.10.
User understands that FLYY Ride electric vehicle requires periodic charging of its
battery in order to operate. User agrees to use and operate FLYY Ride safely and
prudently in light of the vehicle being an electric powered and all of the limitations
and requirements associated therewith.
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1.11.
User shall not hold FLYY responsible in case of any malfunctioning of the display
panel readings on the vehicle including speed, battery range, alerts and distance
travelled and will also not hold FLYY responsible in case of any mis-leading
information on the mobile app for the vehicle location and battery range.
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1.12.
User understands and is fully aware that Electric Vehicle batteries are combustible
in nature and may cause explosion and will take care and ensure precaution to not
tamper with the electricals or wiring with respect to the batteries or any other
electrical or mechanical components in the vehicle. User will undertake full
responsibility of the vehicle in case of any fire incidents or hazard with respect to
the vehicle and shall not hold FLYY responsible in any manner.
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1.13.
User shall thoroughly inspect the condition of the vehicle before taking the ride
including brakes, tyres, steering, lights, horn throttle, reflectors, external damages
and shall not continue the ride if the same is found defective. User shall intimate
FLYY immediately in-case any vehicle damages are observed.
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1.14.
User will compensate FLYY 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 that are not approved by the insurance
company, which includes damage to the property of third party and third party have
to be paid by the User.
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1.15.
User shall not abuse the bike or cause excessive wear and tear. In any such cases where the vehicle has been found to be abused, the User shall bear all expenses to remedy or replace the parts which have been damaged.
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1.16.
User acknowledges that FLYY rides do not cover any rider or passengers insurance and the User is fully liable for any damages or personal injury and the User is solely responsible for using the FLYY service at his own risk.
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1.17.
In case of any damages caused to the vehicles or User due to force majeure situations such as flooding, earthquakes, riots, etc., User will not hold FLYY responsible.
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1.18.
User agrees that any promotion, special offers, coupon codes or free credits are at the discretion of FLYY and may be withdrawn or deducted anytime without prior intimation to the User. User shall not have the right to claim any amounts from FLYY towards the same.
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1.19.
User understands and agrees with each of the following:
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1.19.1.
Level of charge remaining in the vehicle may decrease with use of vehicle (both time and distance), and that as the level of charge decreases, the speed and other operational capabilities of the vehicle may decrease.
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1.19.2.
Level of charging power in the vehicle at the time User initiates the ride is
not guaranteed and will vary with each 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.
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1.19.3.
It is User’s responsibility to check the level of charge power in the vehicle
and mobile app and to ensure that it is adequate before initiating operation
of the vehicle.
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1.19.4.
The distance and/or time that User may operate the vehicle before it loses
charging power is never guaranteed. The vehicle may run out of charging
power and cease to operate at any time during User’s rental of the vehicle,
including before reaching User’s desired destination.
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1.19.5.
User undertakes and warrants that he/she shall never attempt to charge the battery, swap the battery (unless permitted by FLYY in specific circumstances) or in any manner attempt to interfere with the power-electronics or other electrical parts of the vehicle. User shall also not use any third-party hardware including batteries or chargers on the vehicles which are not approved by FLYY.
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1.20.
If the vehicle runs out of charging power during a rental, User shall conclude the ride in compliance with the terms of this Agreement. User must immediately report about this to VVPL via the App Support feature or e-mail – support@flyyride.com
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1.21.
VVPL reserves the right, in its sole discretion, to terminate the access to VVPL
website/ Mobile App at any time, without notice, for general maintenance or for
any reason whatsoever.
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1.22.
VVPL's Services are offered to User conditioned on acceptance without
modification of all the terms, conditions and notices contained in this Agreement
and the Privacy Policy, as may be applicable from time to time. For the removal of
doubts, it is clarified that availing of the Services by User constitutes an
acknowledgement and acceptance by User of this Agreement and the Privacy
Policy. If User does not agree with any part of such terms, conditions and notices,
User must not avail VVPL's Services.
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1.23.
In the event that any of the terms, conditions, and notices contained herein conflict
with other terms and guidelines contained within any other VVPL document, then
these terms shall control.
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3.1.
FLYY Services is provided to User to use FLYY Ride on a pay per ride or pay per
minute basis or as otherwise in accordance with other options described in FLYY
Website/ App. 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 VVPL.
VVPL will charge User’s wallet maintained with VVPL (or other agreed payment
methods), the amount of the fees as per the usage of FLYY Ride by User.
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3.2.
User shall top-up the wallet using VVPL’s payment system before using FLYY
Services. User authorizes VVPL to charge the wallet amount for all fees incurred by
User. All fees are subject to applicable taxes and other local government charges,
which may be charged and collected by VVPL. If User disputes any charge, then User
must contact VVPL within 10 business days from the end of the month with the
disputed charge.
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3.3.
Money once recharged and credited to the FLYY Wallet is non-refundable and not
returnable. Any balance available in the FLYY Wallet balance can only be redeemed
for use of FLYY Services.
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3.4.
VVPL reserves the right to charge transaction fees based on use of FLYY Services by
User. VVPL further reserves the right to alter any and all fees from time to time,
without notice.
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3.5.
User shall be completely responsible for all charges, fees, duties, taxes, and
assessments arising out of the use of the services.
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3.6.
User agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking of the bike. User will be penalised for any late return of the vehicle beyond the agreed rental period.
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6.1.
User warrants that they will abide by all such additional procedures and guidelines, as
modified from time to time, in connection with the use of FLYY Services. User
further warrants that they will comply with all applicable laws and regulations,
including motor vehicle laws, regarding use of the services with respect to the
jurisdiction concerned for each transaction.
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6.2.
User represents and confirms that User is of legal age to enter into a binding contract
and is not a person barred from availing the Services under the laws of India or other
applicable law.
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6.3.
User agrees that all risks associated during the custody of the vehicle is with User.
More specifically User agrees that in cases where vehicle is used in a manner which is
not permitted under law or is in violation of any law, User shall assume absolute
liability and indemnify VVPL from all statutory and other liabilities cast upon VVPL.
User warrants that despite that undertaking given herein, in case User provides the
vehicle to be used by others (including to juveniles), User shall assume absolute
liability (including as guardian in case of juvenile crimes) and indemnify VVPL from
all statutory and other liabilities.
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6.4.
User is solely and fully responsible for the safe operation of FLYY Ride at all times.
User agrees that vehicles are machines that may malfunction, even if the vehicle is
properly maintained, and that such malfunction may cause injury. User agrees that
riding a vehicle involves many obvious and not-so-obvious risks, dangers, and
hazards, which may result in injury or death to User or others, as well as damage to
property, and that such risks, dangers, and hazards cannot always be predicted or
avoided. User agrees that such risks, dangers, and hazards are User’s sole
responsibility. User agrees that if User’s use of any of the Services causes any injury
or damage to another person or property, then User will be liable for all resulting
injuries, damages, and related costs & consequences. By choosing to ride a vehicle,
User assumes full and complete responsibility for all related risks, dangers, and
hazards, and User agrees that VVPL and all other Released Persons are not
responsible for any injury, damage, or cost caused by User with respect to any person
or property, including the vehicle itself.
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6.5.
User agrees that the vehicle and any equipment attached to the vehicle, at all times,
remains the exclusive property of VVPL. User must not disassemble, write on,
modify, repair or deface a vehicle, any part of a vehicle, or other equipment in any
way. User shall not write on, peel, modify or damage any sticker on a vehicle in any
way. User shall not also use the vehicle, or other equipment for any advertising or
similar commercial purpose.
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6.6.
User agrees that helmet which may be present in the bike is the property of VVPL and
has to be returned to the vehicle and secured before a ride is ended. Any unreturned
helmet or damage to the helmet will attract a penalty of upto INR 5,000. VVPL shall
not responsible for the quality or condition of helmet and it’s the responsibility of
User
to check the same to ensure his own safety and security.
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11.1.
User hereby undertakes and acknowledges that any claim, damages, liabilities that
may arise during the custody of the vehicle by User shall be his/her own
responsibility and if any such claims arise against the owner of the Vehicle, the
same shall be defended at the cost of User, and if any court, magistrate, police,
executive, or judicial action imposes any penalty, fine, damages, or compensation in
relation to the use of the vehicle by User or for any other incident that happens
while the Vehicle is under the custody of User, shall be paid or borne by User. The
responsibility of User for such claims includes claims from third parties, passengers
or himself/herself or their respective legal heirs for all activities that are
undertaken
while the vehicle is in User's custody.
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11.2.
User shall, at its expense, defend, indemnify, and hold VVPL and its officers,
directors, agents, employees, and representative harmless against any damages,
liabilities, claims, losses, costs, demands, suits, actions, and reasonable expenses
(including attorneys' fees and settlement costs) (collectively, "Damages")
arising out
of or related to any suits or claims by a third party brought against VVPL regarding
any actions or inactions alleged or arising out of the use or non-use of the vehicle
while under the custody of User.
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11.3.
Despite any provisions in the Motor Vehicles Act or rules, User has assumed the
above liability and agreed to indemnify the owner for all liabilities on the owner of
the vehicle in relation to the use of the vehicle by User any one under him or while
the vehicle is in his/her custody.
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11.4.
User undertakes the responsibility of any damage, theft, loss of property or any part
thereof involving the vehicle during his/her custody. Any expenses incurred for
repairing or replacing the Vehicle for such damages, theft, or loss shall be borne by
User.
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11.5.
The rights granted to User under this Agreement are not assignable or transferable,
in whole or part. If User is allowing another rider to ride the vehicle, then details of
the Rider should be intimated to VVPL in advance with copies of his/her driving
license.