Legisttech Solutions Private Limited having its registered office at A-304, Eastern Business Distcrict, LBS Marg, Bhandup-West, Mumbai – 400078 [hereinafter referred to as “Cycleonrent”, “Company” “we”, “us”, “our”] provides services which facilitate the users of the website at www.cycleonrent.com and its mobile application (collectively to be referred as the “Platform”) to sell their cycles, purchase a cycle or take /give on rent a cycle or bike in a convenient manner ( collectively to be referred as the “Services”)
By proceeding to use the Platform, you warrant that you are eligible to contract under applicable laws and you are authorised under law to the sell/rent the cycle or bike, the details of which you have provided on the Platform. If you are using or accessing the Platform as a representative of any person/entity, you acknowledge that you are legally authorised to represent such person/entity. You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
These Terms may be updated by us at any time at our sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any policy or guideline, or any subsequent changes thereto or become unhappy with our Platform in any way, your only option is to immediately discontinue using the Platform.
In the event of any conflict between this Agreement and any other document with respect to Cycleonrent’s online cycle reservation or rental program, these Terms and Conditions shall govern except otherwise set forth from Cycleonrent in writing.
ACCOUNT, REGISTRATION AND ACCESS :
The Service as provided by our Platform is available with or without creating an account but subject to providing the details as required in the prescribed Forms. You agree to provide us true, accurate, current and complete information about yourself in the Form and promptly update us in the event of any change in the information provided.
You hereby unconditionally allow us and our service providers to contact you via text messages, email or by phone calls and agree that you shall have no claim against us or our service providers under any applicable law in relation to such communication.
We authorize you to access, view and use the Platform solely to the extent necessary for you to use the Services. Except as expressly permitted by these Terms & Conditions, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way our Platform, is strictly prohibited without the prior written permission from us. You additionally agree not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service
THIRD PARTY LINKS:
The Platform may contain links to other third-party websites (“Third Party Websites”), which are completely unrelated to the Company. If you link to Third Party Websites, you may be subject to those Third-Party Websites’ terms and conditions and other policies. Company makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Company disclaims all liability there
DISCLAIMER OF WARRANTIES:
(a) You expressly acknowledge and agree that use of the Platform is entirely at your own risk and that the Platform is provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, we, our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Platform and your use thereof. We make no warranties or representations about the accuracy or completeness of any content on the Platform and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of any content made available through the service, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the service.
(b) In no event shall we, our officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), resulting from any aspect of your use of the Service, including without limitation whether the damages arise from use or misuse of the Service, from inability to use the website or the Service, or the interruption, suspension, modification, alteration, or termination of the Platform. These limitations shall apply to the fullest extent permitted by law.
(c ) You agree to defend, indemnify and hold harmless us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any provision of these Terms or any contract entered into with us; or (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Platform.
General Conditions of this Rental Agreement
The Rental /Subscription Agreement is a contract and governs the relationships, rights, and obligations between Cycleonrent and the Subscriber/Customer. The parties to this agreement are the lessor and the lessee where Legisttech Solutions Private Limited (“Cycleonrent”) is the Lessor & the Customer is the Lessee. The terms and conditions of this Rental agreement are as follows:
IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OR AVAIL ANY OF THE SERVICES OF CYCLEONRENT INCLUDING PRODUCTS.
This Agreement shall commence on the date the product (more particularly set out in the form (“Product”) are delivered to the Customer and remain in full force and effect until the fixed period [equivalent to the tenure of the contract that is agreed by the Customer while booking the Product] expires and the Products is returned to Cycleonrent,. The Parties may shorten or extend the estimate term of rental by mutual consent.
Customer shall make payment of the total rent amount for the tenure/rental period in advance alongwith the Security Deposit amount at the time of booking. Cycleonrent shall issue invoice against receipt of the amount. The Customer shall make all payments to Cycleonrent only. Cycleonrent shall not be liable for any payment made to any third party by the Customer. Cycleonrent reserves the right to share information with credit rating agencies pursuant to of this Agreement. The Customer hereby agrees that non- payment of rental dues, late fees, asset value leased and any other non-payment, may affect the credit rating of the Customer and Cycleonrent shall not be liable for any claim from the Customer for sharing such information with credit rating agencies.
In addition to the monthly rental, the Customer shall pay an interest free refundable security deposit (“Security Deposit”). The Security Deposit shall not carry any interest for the entire tenure. The Security Deposit shall be refunded to the Customer on the termination and after taking delivery of all the Products from the possession of the Customer. Once the final quality check is performed on all the Products, and the settlement amount is confirmed, we’ll initiate the refund process and Customer will receive it in their source account within 10-15 working days. Cycleonrent shall refund the Security Deposit to the account from which initial the Security Deposit was paid by the Customer, in case the Customer wishes to get the refund to any other account, the Customer shall provide the details of the account to Cycleonrent via e-mail from the registered e-mail address of the Customer and/or upload the account details on the dashboard available on the Cycleonrent website, prior to the pick up of the Products. The same account details shall be confirmed at the time of the reverse pick up of the Products.
In case any damage is found in any Product, Cycleonrent shall have the right to deduct the charges for the damages or monthly rental dues from the Security Deposit paid by the Customer and shall refund the remaining amount to the Customer. In case of default in the payment of monthly rentals (including late fee), Cycleonrent shall have the right to deduct such rental dues from the Security Deposit and may at its sole discretion refund or forfeit the remaining balance of the Security Deposit. The Security Deposit shall not include any monthly rental. The Customer cannot request for the monthly invoice dues to be adjusted from the Security Deposit.
On receipt of the order, payment towards rent and the Security Deposit, Cycleonrent shall confirm the order with the Customer by sending a confirmation to the registered e-mail address of the Customer. In the event, any product selected by the Customer is unavailable, Cycleonrent shall inform the same to the Customer. Cycleonrent reserves the right to replace any product selected by the Customer in the event of unavailability. The Customer shall be provided with an option to either accept or deny such substitution at the time of confirming the order. Mere payment of the rent amount and Security Deposit shall not be considered as the valid contract. In the event, the Customer does not accept the substitute Product, Cycleonrent shall refund the Security Deposit paid by the Customer as per Clause 4 of this Agreement.
The order raised by the Customer shall be processed subject to successful verification of the KYC and serviceability of the Customer location as per Cycleonrent Policy. In case the KYC verification is not successful, or the location is not serviceable by Cycleonrent, Cycleonrent reserves the right to reject the Customer’s order any time prior to delivery, at its sole discretion without assigning any reason even after successful KYC or serviceability of the location. In the event the order is rejected by Cycleonrent, the Security Deposit paid by the Customer shall be refunded to the Customer as per this Agreement.
OWNERSHIP OF PRODUCTS
Cycleonrent shall at all times during the term of this Agreement, retain title to and / or be the legal as well beneficial owners of the Products delivered to the Customer, pursuant to the Agreement. Nothing in this Agreement shall be construed as a transfer of ownership of the Products to the Customer. The Customer shall give immediate notice to Cycleonrent if any of the Product is lost or damaged or about to become liable or is threatened with seizure and the Customer shall indemnify Cycleonrent against all loss and damage caused by such action against its Products.
In the event, the Customer does not wish to extend the rental period beyond the Agreement date, the Agreement shall terminate on last day of the rental term. This Agreement can be terminated on (i) default of payment of rental dues or any other payment dues by the Customer; and (ii) breach of any of the terms of this Agreement.
Consequences of termination:
- Cycleonrent shall have the right to take possession of the Products delivered to the Customer immediately;
- Any payment pending from the Customer shall become payable immediately to Cycleonrent.
- The Security Deposit paid by the Customer shall be refunded to the Customer post the damage assessment of the Products, as per clause 4 of this Agreement.
- In case of termination due to non-payment of rental dues, the Security Deposit refund shall be determined subject to provisions of this Agreement.
The Customer shall indemnify, defend and hold Cycleonrent harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to, attorneys’ fees and costs) for any Product damage or personal injury or loss of life arising from the Customer’s use of the Product by any cause. The provisions of this clause shall survive the termination of this Agreement with respect to any claim or liability accruing before such termination. In no event shall Cycleonrent be liable for any direct, indirect, special or consequential loss or damage arising out of Customer’s use of the Product.
Cycleonrent reserves the right to inspect the Product delivered and/or given on rent to the Customer during the term of the Agreement. Cycleonrent shall provide reasonable prior intimation to the Customer regarding the visit for inspection of its representative to avoid any inconvenience to the Customer. The Customer shall ensure that the representative of Cycleonrent is provided with proper access to the Product at the premises for inspection.
In case the Customer wishes to relocate or remove the Product(s) from the registered address, a request shall be made to Cycleonrent 2 (two) weeks prior to the date the Customer wishes to relocate the Product along with the address proof of the new address. Once the request is raised, Cycleonrent shall assess the feasibility and serviceability and inform its acceptance or rejection of such request to Customer within seven days therefrom. Relocation shall be subject to successful verification of the KYC of the Customer’s new address and serviceability of the new location. In the event, the location is not serviceable by Cycleonrent, the same shall be treated as early closure of the Agreement as per the Flexi Tenure Policy and the rental dues shall be payable as per the Flexi Tenure Policy.
Cycleonrent provides its Customers to swap the Products taken on rental basis on the following terms and conditions:
- Customer is eligible for swapping of Product after completion of minimum of 12 (twelve) months continuous tenure;
- Swap option will be valid only on Products of equal or of higher value of the current Product used by the Customer;
- Time taken for swapping of the Product shall be 7 (seven) days from the receipt of the request by Cycleonrent. Subject to the availability of the new/alternate Product requested by the Customer; and
- Swapping option shall be available only for the Products of the same category only.
The Customer shall not assign or transfer any interest in this Agreement or the Products without the written consent of Cycleonrent. Any such transfer or assignment shall be considered as illegal and hence a violation of the terms of this Agreement. Cycleonrent reserves the right to assign this Agreement, to any third party without prior notice to the Customer.
LIMITATION OF LIABILITY
In no event shall Cycleonrent, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Cycleonrent has been advised of the possibility of such damages), resulting from any aspect of your use of the platform or the service, including without limitation whether the damages arise from use or misuse of the platform or the service, from inability to use the platform or the service, or the interruption, suspension, modification, alteration, or termination of the platform or the service. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through in connection with the platform or the service or any links on the platform, as well as by reason of any information, opinions or advice received through or advertised in connection with the platform or the service or any links on the platform. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree. Cycleonrent makes no representations or warranties that the platform is appropriate for use in other locations other than in india. Those who access or use the platform from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
GOVERNING LAW AND JURISDICTION:
This Agreement including the Terms and the relationship between you and Cycleonrent shall be governed by the laws of India. Any dispute between the Customer and Cycleonrent arising out of and in relation to the use of Services the courts at Mumbai shall have exclusive jurisdiction .
Cycleonrent reserves it’s right to cancel any orders completely or partially before delivery without prior information and in such scenarios, Cycleonrent will initiate the refund process for the amount paid and the Customer will receive it in their source account within 10-15 working days.
On confirmation of the order by the Customer, Cycleonrent may deliver the Products to the location specified by the Customer subject to payment of applicable transportation charges. The cost of the delivery shall be borne by Cycleonrent if the subscription period is more than 18 months. The Customer shall be present at the location at the time of delivery agreed between Cycleonrent and the Customer. In case the Customer is unavailable at the time of delivery the Customer shall appoint a representative (give an authorization letter) for taking delivery of the Products and the same shall be communicated to Cycleonrent prior to the delivery. The representative shall provide a copy of his/her ID proof and authorization letter from the Customer to the delivery personnel assigned by Cycleonrent. In case the Customer is not present or has not assigned a representative for taking delivery, at the location and a second delivery attempt is required, Cycleonrent shall charge an extra delivery cost to the Customer.
Cycleonrent shall inspect the quality and ensure that the Products are working and in usable condition before the delivery of the Products to the Customer. The Customer or its appointed representative shall inspect the Products for any damage and quality during the time of delivery. In case any Product is damaged during transit or unfit for use, Cycleonrent shall replace the same at its own cost and in case a replacement is not required, such damage shall be noted in the delivery receipt and a photo of the same shall be taken for record. In case any claim of damage is brought against the Product after the acceptance of delivery by the Customer, Cycleonrent shall not be responsible towards replacing the Product and shall levy a damage to be ascertained as per the damage policy below.
The Customer shall ensure the entry of delivery vehicle inside the premises where the delivery location is situated and ensure that prior permission is obtained for the use of elevator of the building, for delivery of the Products to the location.
The Customer hereby agrees that any damage caused to the Product or theft (including disappearance) or loss, shall be liable towards repair and replacement cost of the Product. In the event, the Product is stolen or damaged beyond repair, the Customer shall be liable to pay Cycleonrent the market price of the Product. Minor scratches shall be considered as normal wear and tear. The extent of damage will be ascertained by comparing against the document signed by the Customer and the photographs taken on delivery and return pickup day.
Cycleonrent shall ascertain the extent of the damage and applicable penalty for such damage on the receipt of the Products from the Customer. In the event, it is found that in any Product, any substandard parts are used, or repair carried out by any person not authorized by Cycleonrent, then a penalty may be levied as per the policy of Cycleonrent. Any removal, alteration, disfiguring or cover up any numbers, lettering, or insignia displayed on any Product shall be considered as a damage to the Product and shall be chargeable against the Customer. A damage claim report shall be sent to the Customer’s registered e-mail address.
A quality check report stating the damages if any or a clearance sheet will be created and a copy of the same will be provided to the Customer immediately.
Cycleonrent shall provide periodic maintenance service of the Products delivered to the Customer, for the entire duration of the Agreement or on request from the Customer. Cycleonrent shall provide cleaning and checkup (one time per quarter free of cost) of the bicycle only after completion of minimum 6 months tenure by the Customer. The periodic maintenance shall not include any damage or breakdown due to mishandling by the Customer. Cycleonrent shall carry out the maintenance/repair of the Product within seven working days after the request has been raised by the Customer. In the event, the issue is not resolved during repair, Cycleonrent shall arrange for a replacement of the Product. Any additional cost incurred by Cycleonrent during the maintenance and cleaning due to damages shall be borne solely and paid by the Customer, either via online payment or as advised by Cycleonrent service representative.
FLEXI TENURE POLICY
Cycleonrent provides its Customers, an option to opt for flexible tenure ( “Flexi Tenure”) for early closure and/or extension of the term of the Agreement. In case of early closure, the Customer can request for closing the order by informing Cycleonrent, 2 (two) weeks prior to the closure date. Cycleonrent provides its Customer with different monthly rental rates depending on the tenure of the Agreement at the time of order placement. In the event of early closure, the difference in monthly rental amount shall be calculated as per the monthly rental rates between Agreement tenure (the tenure selected at order placement) and Actual tenure served (effective tenure at early closure) will have to be paid. The minimum tenure for the Product shall be calculated as 3 months.
For extension of the term beyond the Agreement tenure by the Customer, the monthly rate applicable at the time of extension shall be followed for calculation of rental amount for the extension period. Any extension or early closure shall be done only through the Cycleonrent website and such extension or early closure shall be deemed to be pursuant to this Agreement. Cycleonrent reserves the right to revise the rental rates any time at its sole discretion.
- The use of a products (i.e. cycle, bike and e-bike) is prohibited in the following conditions:
- any speed race or competition.
- for transporting goods or use for primary business purpose.
- by any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a cycle, bike and scooter is prohibited or not recommended.
- in the carrying out of any crime or any other illegal activity.
- in an imprudent, negligent, or abusive manner or for any abnormal use of the Products.
- by any person who has provided Cycleonrent with false information or whose representations are determined to be false (including, without limitation, regarding his name, age, or address.)
- driving and parking a cycle or bike or e-bike at /in any prohibited areas.
- driving a cycle/bike while using a mobile phone or any other mobile communication device in any manner whatsoever, including while sending an SMS, emailing, using a cell phone with or without a hands-free device, otherwise using a mobile communication device that may distract you from driving a cycle/bike or otherwise engaging in similar activities that may be prohibited by applicable law.
- Transporting objects with the cycleonrent’s cycle that could – due to their size, shape, or weight – adversely impact the cycle’s handling safety or that could damage the cycleonrent’s cycle /bike or, by virtue of such object/s protruding outside, affect the safety of cycle/bike /vehicles driving in the vicinity of the said cycleonrent’s cycle/bike.
- Transporting more passengers than legally allowed in the cycle or bike.
- Driving motorcycle, bike or scooter without helmet.
- More than one pillion rider, when driving cycle, motorcycle, bike or scooter.
- The foregoing examples are not intended to be exhaustive. Any unreasonable or inappropriate use of the cycle, bike or scooter, as determined by Cycleonrent in its sole discretion, may be deemed a violation of these Terms and Conditions. Cycleonrent may immediately suspend or terminate the use of its Service by any Customer for a violation of any of these Rules. Upon suspension or termination, any existing reservations for the Customer may be canceled by Cycleonrent at its sole discretion. In addition, Customer will be responsible for any and all costs, charges, fees and expenses incurred by Cycleonrent as a result of a breach of any of these Terms and Conditions.
RESERVATION TO HIRE PRODUCTS OF CYCLEONRENT:
- Reservation is required for all potential booking. Customer must always reserve a Product in advance of use and will be billed for usage fees at the time of reservation. Customer is required to fulfil the below mentioned conditions at the time of taking the possession of the Product for the scheduled Ride/Trip:
- Customer must carry and support Cycleonrent in capturing the image of any one out of following documents in original, as an additional document to be placed on records of Cycleonrent to justify his/her identity:
- EPIC (Electoral Photo Identity Card), commonly known as Voter ID; or
- Valid Passport; or
- Customer must carry and support Cycleonrent in capturing the image of any one out of following documents in original, as an additional document to be placed on records of Cycleonrent to justify his/her identity:
- Aadhaar Card from Unique Identification Authority of India; or
- Government Department (Including Public Sector Undertakings) Identity Card; or
- Identity Card of Tier -1/2 Universities, Colleges, Educational Institutions, which contains photo and address both.
- Customer must co-operate with the representative of cycleonrent in taking a photo of cycle/bike/product along with Customer, which is meant for safety of Customer and record purposes of Cycleonrent.
Customer shall be held solely responsible, if any of the above conditions are not being completed successfully at the time when possession of Cycle/Bike/Product was supposed to be taken by Customer and Cycleonrent reserves the right not to handover the possession of Cycle/Bike/Product. Consequently, the booking will stand completed without any further onus of Cycleonrent to refund or return the booking amount.
- If You wish to cancel a reservation or shorten the period for which a cycle/bike has been reserved, You must do so in advance, in pursuance of the Fee Policy
- If You wish to extend a reservation, You may do so only if following conditions are fulfilled:
- the online payment for the extension has been made and successfully receipt by cycleonrent; and
- the cycle/bike/product is available for use for the extension period (for example, it is not reserved by another Customer); and
- the request to extend is completed prior to the scheduled expiration time of Your existing reservation.
In case, any of the above conditions are missing after the expiry of the booking (initial or immediate prior) then You will be deemed to possess the cycle/bike/product without authorisation and must hand over the same to cycleonrent’s representative without fail/ delay. A delay beyond one hour from the expected handover time of cycle/bike/product or after the expiry of booking as the case may be, will be making You the guilty of breach of trust and Your involvement in theft of cycle/bike/product would be presumed without any doubt.
- In the event Your reservation is not extended successfully (even if You have put in a request for extending the reservation but which has not been confirmed or has been denied by cycleonrent for any reason) and You do not return the vehicle to the correct and designated cycleonrent space by the end time of Your reservation, cycleonrent reserves the right to initiate the criminal proceedings against You and simultaneously will make all reasonable efforts to take possession of the cycle/bike/product from You immediately or any time thereafter, and at any location
For the avoidance of doubt,
- you will be charged late fee, inconvenience fee and any other charges applicable as per Our Fee Policy from the scheduled end time of Your booking till the time the vehicle is actually recovered by cycleonrent,
- You will be charged any additional costs viz; legal attorney fees, consultants fees, travel costs, etc. incurred by cycleonrent in taking possession of the vehicle from You, and
- You will not be provided any compensation or alternate means of transportation in such case and will not have the right to ride in cycleonrent cycle/bike/product any more.You shall hold cycleonrent, its officers, employees, agents and affiliates harmless against any claim in connection with the cycle/bike/product and/or its re-possession and shall irrevocably and unconditionally indemnify cycleonrent against any cost, loss or liability suffered by cycleonrent arising out of or in connection with any claim made by a third party against cycleonrent in relation to the cycle/bike/product and/or its re-possession.