Pulsar 135 LS

Cancellation - In case any customer cancels the order 12 hours before the delivery by the Supplier to the customer, the Supplier shall not levy any cancellation charges for such order. If in case customer cancels the order within 5-12 hours of the delivery time, the supplier shall charge 20% of the cost and if customer cancel the order within 0-4 hours of the delivery time, the supplier shall charge 100% of the cost.

• For travelling inter state, customers are requested to apply for a temporary state permit which costs between - 20 to 100 depending upon the states. Incase one doesn't collects a permit, vehicle is probable to be seized by any traffic police and has to undergo the legal proceedings of that same district where the vehicle is caught. The entire expense and legal proceedings henceforth is to be borne by the customer and vendor will also be charging for the late return of the same.

List of penalties that can be applicable if rider violate terms mentioned

Exceptions

• In the event the rider is found to be under the influence of alcohol during a booking, the rider will be held liable for 100% of the vehicle damage bill as per the invoice received from the vehicle workshop

• The rider will be liable for 100% of the entire vehicle damage bill in the event that the vehicle workshop and/or insurance company deem the damage to be consequential in nature (this will be clearly stated in the accident report). Consequential damage occurs when the rider continues driving even after an external vehicle impact, thereby severely undermining the condition of the vehicle.

• In the event of a puncture to the Vehicle’s tyres during such time the Vehicle is in the customer’s possession (including change of tyre tube and similar), the customer shall be liable to repair the same, or pay the cost of repair to vendor.

Collision or other incident:

1. Rider will be responsible for all towing and impounding charges associated with a collision.

2. Rider will be responsible for all towing and impounding charges caused by rider failure.

3. Vendor will be responsible for all towing and impounding charges caused by vehicle failure.

4. Rider will be responsible for all towing and impounding charges caused by rider failure.

5. Rider will be responsible for all applicable damages and costs, including those in excess of the applicable Damage Fee, arising from the rider's failure to comply with the terms of the Agreement and/or a violation of the law.

6. Riders are responsible for paying all tolls at the time they are due.

These Terms of Use (“Terms”) apply to a users’ (“user/your”) access to, and use of the Vendor bike rental service (“Service”). As a condition of using the Services, you agree to be bound by these Terms. By using the Services, you agree to these Terms, as may be updated from time to time. If you do not agree to these Terms, do not book, rent or take possession of the Vendor vehicles (“Vehicle(s)”) or use the Service. Because these Terms are a legal contract between you and Vendor, it is important that you review the Terms carefully before availing of the Service. These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with Vendor, including without limitation the privacy policy (“Privacy Policy”).

1. USER ACCOUNT

• In order to use the Service, you are required to provide various information about yourself including your name, email address, address, date of birth and other personal information (“user data”), and are required to be over the age of eighteen (18) years. You agree that any information you provide to Vendor will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.

2. BOOKING, PAYMENT AND CANCELLATION

• All bookings require to be made in advance. At the time of booking, the full fee for the rental of the Vehicle (“RentalFee”) as laid out in the Fee Policy, shall be paid by you.

• Should you wish to cancel your booking, or reduce the period of rental, you are required to do so on the day prior to the date of the booking, at no cost, by sending an email request or over the phone. In the event of cancellation on the date of the scheduled booking, the user shall be liable to pay cancellation costs as under the Fee Policy.

• In the event your wish to extend a reservation, you shall contact Vendor and put forth your request. Please note that Vendor is under no obligation to extend your reservation, and may do so only if a) the Vehicle is available for use for the additional period requested; and b) the request to extend is completed prior to the scheduled expiration time of your existing reservation.

3. USER DOCUMENTATION

Prior to receiving possession of the Vehicle, you shall be required to provide the following documents to Vendor:

• Valid driving license to ride a motor-cycle with/without gear, depending on the Vehicle proposed to be hired, in India;

• Copies of address Proof such as passport/Adhaar Card/Voter ID which shall be obtained by Vendor staff at the time of Vehicle pick-up/drop-off.

• In the event the documentation provided by a user is fake or invalid, the same would attract a penalty as detailed under clause 7.

• As a mandatory policy, individual customers who have placed a booking are requested to show one of their original government verified ID proof such as Aadhar card, Voter ID card, Passport etc., as leverage during vehicle pick-up. No private organization's ID will be accepted for the same. The ID card will be returned at the time of booking completion.

4. PICK-UP AND RETURN OF THE VEHICLE

• The user is required to pick up the Vehicle at the bike station indicated at the time of booking. The user acknowledges that the actual colour, model and number of the Vehicle may vary from that indicated in the booking, however, a similar vehicle shall be provided. The user further acknowledges that due to maintenance activity, delayed return of the Vehicle or similar exigencies, the availability of the Vehicle to the user may be delayed. However, the Vehicle or a similar alternative shall be made available within 1 hour(s).

• Prior to taking possession of the Vehicle, the user is advised to do a brief inspection and the vehicle, so as to point out any defect that may materially affect the usage of the Vehicle. In the event no such damage or defect is pointed out to the Vendor staff at the time of taking possession, such damage shall be deemed to have been caused during the time the Vehicle was in your possession, and you shall be liable to pay fees towards damage or other applicable fees, and Vendor reserves the right to suspend, or terminate your membership. Any scratches beyond one (1) millimetre in width and/or depth and two (2) centimetre in length shall be considered as “damage” for the purpose of this clause, in addition to any other visible or invisible defect, or any defect that affects the normal usage of the Vehicle.

• Should you become aware of any damage or defect subsequent to taking possession that prevents the normal usage of the Vehicle, you shall intimate Vendor of the same immediately. Similarly, in the event of theft or damage to the Vehicle by a third party, you shall intimate Vendor immediately.

• You shall return the Vehicle, its key and any other driving accessories provided at the relevant bike station upon the reservation period ending in the same condition as when you took possession, barring usual wear and tear, which shall be at the discretion of Vendor. In the event the Vehicle is returned past the reservation period, you shall be liable to pay late fees as described in the Fee Policy.

• Upon return, a quality control (QC) report shall be prepared which shall be handed over to the user upon return of the Vehicle.

• Vendor is not liable for the availability of preferred color of the two-wheeler at the time of booking confirmation. The bike images displayed on the application/website during booking are indicative and are subject to time.

5. USE OF THE VEHICLE AND CONDUCT

• The user warrants that he/she shall use the Vehicle in accordance with all applicable laws including the Motor Vehicles Act, 1988 and all rules framed thereunder, and shall not use the Vehicle for, or carry out while using the Vehicle, any illegal or unlawful activities.

• The user shall be responsible for all charges and costs incurred with respect to the Vehicle for the entire period of the reservation and until the Vehicle is returned in a manner acceptable to Vendor.

• The user agrees and acknowledges that Vendor prohibits the use of the Vehicle in the following manner:

• With more than two (2) people on the vehicle;

• Seating or accommodating pets on the vehicle;

• Under the influence of alcohol and/or drugs or other banned substances or consuming tobacco or tobacco products on the vehicle;

• For or in any kinds of race, contest or competitions, or stunts;

• Tampering with, disassembling or in any way altering the vehicle or any of its parts without prior authorization from Vendor on a need basis;

• Uncommon usage, irresponsible riding methods, overstressing and mishandling the motorcycles causing excessive wear of the vehicle parts and undue damage;

• To carry unlawful/ hazardous or prohibited material;

• Using the incorrect fuel for the vehicle;

• Commercial usage of any type deriving financial benefits;

• Attaching any external structures to our motorcycles causing damage to the vehicle or other vehicles/human beings/animals coming in contact with it;

• Any other inappropriate use of the vehicle.

• In the event of any traffic violation by you while using or involving the Vehicle and/or your driving license you shall notify Vendor of the same immediately. You acknowledge that you shall be liable to pay all fines/penalties associated with such traffic violation (including parking, speeding, riding without a helmet, cutting signals etc.), and Vendor shall have no responsibility with respect to the same.

• The rental of the Vehicle is a right specific to the user, and cannot be transferred or granted to any third party. In the event the Vehicle is operated by any third party, the same shall amount to a Penalty Event.

6. ACCIDENTS AND BREAKDOWNS

• You understand that while Vendor ensures that all its vehicles are maintained in the best manner, owing to the nature and amount of use, they may be prone to faults and breakdowns in rare situations. these vehicles are susceptible to breakdown once in a while owing to many uncontrollable situations.All breakdowns or incidents involving a Vehicle must be intimated to Vendor immediately, and we shall ensure a mechanic or other professional is assigned to rectify such defect, or a replacement is provided to you.

• In the event of an accident leading to the damage of the Vehicle or any damage or injury to a third party and/or vehicle, you must immediately inform Vendor and i) fill out an official police report form;ii) provide an accident report to Vendor in the manner prescribed; and iii) provide the following information to Vendor:

• Date, time, and place of accident;

• The license plate numbers of any other vehicles involved;

• The names, addresses, and driver’s license numbers of the persons involved in the accident, or the name, address, and driver’s license number of the owner of the vehicle (if he or she is not the driver);

• The name, addresses, and phone number of witnesses, passengers, and any other involved persons, where possible.

• Circumstances of the accident.

• The user shall be responsible for the costs related to the repair, recovery, and loss of use of any Vehicle resulting from any such accident, to the extent that insurance cover does not provide for the same.The user agrees and acknowledges that he/she shall be wholly responsible for all damages and costs arising from his/her failure to comply with these terms.

7. BREACH

• In the event of breach of any of the provisions of this Agreement, the user shall be liable to make good the damage caused to the Vehicle(s) and/or Vendor due to such breach. In the event of a breach of the provisions of Clause 5, where the breach has criminal consequences, Vendor reserves the right to initiate appropriate criminal proceedings against the user, and where there are no criminal consequences with respect to such breach, Vendor shall be at liberty to levy such penalty as decided under the Fee Policy.

8. INDEMNIFICATION

• Despite any provisions of law to the contrary, you agree and acknowledge that any claim, theft, damages, liabilities that may arise during the possession of the Vehicle by you, and any penalty or fine levied due to, or arising out of your possession and/or usage of the Vehicle shall be your own responsibility, and you shall make good the same.

• Despite any provisions of law to the contrary, youshalldefend, indemnify, and hold Vendor and its officers, directors, agents, employees, and consultants harmless for damages, liabilities, claims, losses, costs, demands, suits, actions, and reasonable expenses (including attorneys’ fees and settlement costs) arising out of or related to any suits or claims by a third party brought against Vendor any actions or inactions alleged or arising out of the use or possession of the Vehicle by you.

9. TERMINATION

• Vendor may terminate these Terms, or your access to the Services in the event of a breach of any of the provisions of these Terms by you, with or without prior notice. Vendor may also stop providing the Services to you, or all users when it is no longer practicable or feasible to do so. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

10. GOVERNING LAW

• This Agreement shall be governed by the laws of India, and the courts of Bangalore shall have exclusive jurisdiction with respect to any dispute arising hereunder.

11. DRINK AND DRIVE POLICY

• According to Government Motor Vehicles Act 2016 under Section 185, a motorist caught under the influence of alcohol exceeding the permissible limit which is 30mg of alcohol in 100ml of blood is liable to be charged and the vehicle will be ceased by the City Traffic Police indefinitely. Under this circumstance, the Vendor user will be charged with the asset cost and downtime period.

• If at any time, the user exhibits any signs of intoxication during bike pick-up, Vendor is at complete liberty to cancel the booking and no amount will be processed for refund.

• Under a bike cease by City Traffic Police, Vendor will not be liable for any of the legal procedures set by the Court and the corresponding charges will be undertaken by the user himself. Under no circumstance is Vendor responsible for aiding the user.

• If found intoxicated at the time of booking completion, the user will be further blocked from using Vendor services indefinitely.

12. CROSSING STATE BORDER

• If the user intends to cross state borders, he will be liable to cover the state taxes including penalties if charged with. Vendor will not be held responsible in case the user has been penalized due to lack of state-entry invoice that is obtained after completing payment before entering another state.

• Gearless two-wheelers like Honda Activa and such are strictly prohibited to travel inter-city under any circumstances including medical emergencies, personal issues or more. For any incidence outlined above, the user is liable to pay a penalty amount of ₹300 at the time of two-wheeler return at the corresponding hub-station.

13. MISCELLANEOUS PROVISIONS

• Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.

• Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.

• Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.

• No Agency: Each party to these Terms is acting and shall act solely as an independent contractor. In no way is either Party to be construed as the agent, or to be acting as the agent, of the other party in any respect, notwithstanding any provision of this Agreement. The Parties expressly agree that nothing contained herein shall be deemed to create the legal relationship of agent and principal or employer-employee between Vendor and the user.

• No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).

• Notices: Any notice required or permitted to be given to Vendor hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified Vendor. All notice required to be given under these Terms shall be addressed to:

This privacy policy (“Privacy Policy”) is subject to the terms of use of the website [www.onbikes.com] (“Website”) and mobile application (“Application”), and comes into effect from the date and time a user (“user”) registers with Vendor, and accepts the Terms of Use laid out therein. By using the Website/Application, or its Services, the user consents to collection, storage, and use of the personal information you provide (including any changes thereto as provided by the user) for any of the services that Vendor offers.

Our Privacy Policy sets out how Vendor (“Vendor/We/Our”) collects, use, share and protect information provided in connection with Vendor services (collectively, the “Service(s)”), and your choices about the collection and use of your information.

1. COLLECTION OF PERSONAL INFORMATION

In the course of providing the Services to you, Vendor collects the following information:

• Personal information such as your username, password, e-mail address, phone number and address when you register for a Vendor account (“user information”).

• We may automatically collect some information about your hardware devices when you access Vendor. For example, when you utilize our applications, we may collect your internet protocol (“IP”) address and the type of mobile device you use and your geographic location. We also may collect information about your activity on Vendor, such as information about your account usage, as well as information about how you interact with the Website/Application. We may combine this automatically-gathered information with other information, including personal information we have collected about you.

• Communications between you and Vendor.

2. STORAGE OF INFORMATION AND CONTENT

• We have implemented procedures to help protect the information that you provide to us. However, no method of transmitting or storing electronic data is ever completely secure, and we cannot guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this policy. We expressly disclaim any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing, or otherwise offering any definitive promise of security in connection with your Information. THE USER IS RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR ACCOUNT INFORMATION AT ALL TIMES.

• The user is solely responsible for maintaining confidentiality of the user’s password and user identification. The user shall be solely responsible for all activities and transmission performed by the user through his user identification. Vendor assumes no responsibility or liability for their improper use of information relating to such usage of credit cards and/or debit cards by the user, whether online or off-line.

3. USE OF YOUR CONTENT

• In order to provide a personalised browsing experience, Vendor may collect information from the user, and the user agrees that Vendor may use such information to improve its marketing and promotional efforts, to analyse usage, improve the content of Vendor, product offerings, and to customise Vendor’ content, layout, and services, in order to improve Vendor and better tailor it to meet the needs of the user.

• To extend this personalized experience, Vendor may track the IP address of a user’s device and save certain user data on the user’s device in the form of cookies. Vendor uses this data to deliver web pages to the user upon request, to customize the site to the interests of the user, to measure traffic within the Website/Application, and let advertisers know the geographic locations of the users. Such portion of the user data provided by a user to Vendor that may be personal or sensitive in nature, will not be provided to third parties without previous consent of the user concerned. user data of a general nature may however be revealed to external parties.

• We use or may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Services; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Services; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our service.

• We use third-party analytics tools to help us measure traffic and usage trends for the Services. These tools collect information sent by your device or our Services, including the web pages you visit, add-ons, and other information that assists us in improving the Services. We collect and use this analytics information with analytics information from other users so that it cannot reasonably be used to identify any particular individual user.

• When you interact with our customer service representatives, we may also collect personal information, monitor and record phone calls, emails, or other communications between you, Vendor, and our customer service representatives or other employees or representatives.

• In order to facilitate communications between you, your friends, and other Vendor users.

4. SHARING YOUR CONTENT

• We may share user information and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that Vendor is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences).

• We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Services to you. Our service providers will be given access to your information as is reasonably necessary to provide the Services under reasonable confidentiality terms.

• We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

• Vendor may share sensitive personal information of a user with any third party without obtaining the prior consent of the user in the following limited circumstances:

• When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing the Terms of Service, this Privacy Policy, or for complying with the applicable laws and regulations.

• Vendor proposes to share such information within its group companies and officers and employees of such group companies for the purpose of processing personal information on its behalf. Vendor also ensures that the recipients of such information agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

• Where it is deemed necessary, in good faith so as to protect the property of Vendor, its employees, vendors, contractors and sub-contractors.

• With its employees, vendors, contractors, sub-contractors and other parties in order to provide the services to the user.

• Vendor proposes to share such information within its group companies and officers and employees of such group companies for the purpose of processing personal information on its behalf. Vendor also ensures that the recipients of such information agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

• In the event of a sale of all or part of the business of Vendor, or a sale or transfer of assets, or merger or business transfer, or in the event of bankruptcy, Wolf Labs may share your personally identifying information to one or more third parties as part of such transaction.

5. Vendor may change or amend this Privacy Policy from time to time to incorporate necessary future changes. Vendor use of user Information shall be in adherence with consistent with the provisions of the relevant privacy policy under which the information was collected, regardless of new or conflicting provisions in an updated Privacy Policy.

1. The user is eligible to claim insurance only if he/she has opted for insurance coverage at the time of booking by completely paying the amount as displayed on the website.

2. For any damages incurred to an Vendor asset (the two-wheeler), the user will be held responsible for bearing all the charges up to INR 10,000.

3. For any damages incurred to an Vendor asset (the two-wheeler) amounting more than INR 10,000, the user is eligible to claim insurance to cover the charges that imply including the rental cost incurred during downtime period of the asset which is a time period otherwise utilized by another Vendor user.

4. Vendor is at full liberty to inspect its assets before proceeding to claim insurance and its decision will be considered legitimate under all circumstances.

5. For any Vendor user covered by travel insurance opted at the time of booking, he/she will be eligible to claim INR 2 Lakh under an unpredictable loss of life.

6. The pillion rider with the Vendor user will be insured for INR 1 Lakh only.

7. In case of a misfortunate incident involving a third party, he/she is covered under the insurance and will be eligible to claim an amount tentative to various factors such as lifestyle, tax returns, and rent etc.

8. Vendor assets (the two-wheeler) will be insured in totality. Any deficit amount outstanding at the end of claiming insurance and damage repairs will have to be completely borne by the user.