TERMS AND CONDITIONS
Welcome to ALTT. ASSOCIATES PVT. LTD.
These Terms & Conditions (“Terms”) of (a) use of our website http://www.qquick. .in/ www.ghoom.bike (“Website”), our applications (“Application / App”) and vehicle services in connection with the Application/ Website/products (“Services”) or (b) any modes of registrations or usage of products, including through Keys, tablets or other storage/transmitting device are between ___________ (“Company/We/Us/Our”) and its users (“User/You/Your”).
These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
Your use/access/browsing of the Application or Website or the Services or products or registration (with or without payment/with or without subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website/Application/Services/Products or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website/Application/Services/Products is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
1. Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services and products are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on this Application or Website or Services shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. You may own the medium on which product or service can be provided, but the Company shall at all times retain full and complete title to the product, service and all intellectual property rights inserted by the Company on such medium. Certain services on the Website or App may belong to third parties. Such offerings have been reproduced after taking prior consent from said party and all rights relating to such services will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.
2. Your use of our products, Website, Application and Services is solely for Your personal and non-commercial use. Any use of the Application, Website, Services or products other than for personal purposes is prohibited. Your personal and non-commercial use of this Application, Website, products and / or our Services shall be subjected to the following restrictions:
i. You may not decompile, reverse engineer, or disassemble the Application and / or our Website and/or Services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and / or our Website and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and / or and / or our Website and/or Services/products.
ii. You will not (a) use our Application and / or our Website and/or our product/s or Service/s for commercial purposes of any kind, or (b) advertise or sell the Application or any products, Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Application and / or Website/our products and Services in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company.
iii. No User shall be permitted to perform any of the following prohibited activities while availing our Services:
a. Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
c. Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
d. Interfering with any other person's use or enjoyment of the Application/Website/Services;
e. Committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
f. Using our App or website or our service or our product in a way that You do not have a right to use it under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;
g. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
h. Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
i. Access or use the Application/Website/Services/products in any manner that could damage, disable, overburden or impair any of our product or service or the Application’s/Website’s servers or the networks connected to any of the servers on which the Application/Website is hosted;
j. Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Application/Website/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Application/Website/Services/products, or engage in any activity prohibited by these Terms;
k. Disrupt or interfere with the security of, or otherwise cause harm to, the Application/Website/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Application/Website/Services/products or any affiliated or linked sites;
l. Alter or modify any part of the Services;
m. Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; orn.
Violate any of the terms specified under the Terms for the use of the Application /Website/Services/products.
4. In the preparation of the Application/Website/Services/products and contents therein, every effort has been made to offer the most current, correct, and clear and safe service possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Application. Any feedback from User is most welcome to make the Application and contents thereof error free and user friendly. Company also reserves the right and discretion to make any changes/corrections or withdraw/add services at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the service and product found or offered on Application/Website/Services/products for any particular purpose.
5. The Company reserves the right at its sole discretion to remove, review or discontinue any service. Similarly, We will not be responsible or liable for any mishandled by Users directly on the Website. We would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not. Interaction done among users will remain private and will not form a part of record and the ALTT Associates Pvt Ltd. will not be held responsible for any type of conversations/discussion amongst them.Any information shared by the teachers or coaches to the users will form a part of record and can be accessed by ALTT Associates Pvt Ltd. .
6. The Company may, based on any form of access to the Application (including free download/trials) or Services or Website or registrations through any source whatsoever, contact the User through sms, email and call, to give information about its products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to Our employees, associates and partners so that you may be contacted for education information and promotions through telephone, SMS, email etc. In case You wish to stop receiving notifications from Us with regard to marketing and promotional calls/ with regard to any communication received from Us, You may do so by sending an email to firstname.lastname@example.org
8. Upon registration through any means whatsoever, the Company may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Services. The User expressly permits the Company to contact him/her utilising the Services, through the above mentioned means at any time post registration. Further, the Company shall have the right to monitor the download and usage of the Application/Services/products and the behaviour thereof by the User/rider, to analyse such usage and discuss the same with the User/rider to enable effective and efficient usage of the Services. The User expressly permits the Company to provide best service via Application/Services/online portal by providing various mode of commute, providing feedback, communicating with the user and assisting the user/rider through telephone or e-mail on express consent.
10. The Company’s products and / or Services, including the Application and vehicles, are compatible only with certain devices/tablets/instruments/hardware. The Company shall not be obligated to provide workable products and / or services for any instruments that are not recognized by the Company or those instruments that may be purchased from any third party which are not compatible with the Company’s products and Services. The company reserves the right to upgrade the table/ type of compatible devices as required from time to time.
11. The Company shall have no responsibility for any loss or damage or fines caused to the application/product /service or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of our products and Services.
12. You acknowledge that the Company is not the manufacturer of the instrument/medium/hardware and hence, any defect relating to the same shall be reported to the manufacturer whose details shall be specified on the packaging and the Company shall not be in any manner responsible for the same. The Company does not provide any guarantee or warranty relating to the instrument/medium/hardware
13. In order to access the Services and to avail the use of the Application/products, You shall be required to register yourself with the Application/Services/products, and maintain an account with the Application/Services/products. You will be required to furnish certain information and details, including Your name, mobile number, e-mail address, residential address, age, payment information (credit/debit card details) if required, and any other information deemed necessary by the Application. With respect to the provision of information, the following may be noted:-
14. It is Your sole responsibility to ensure that the account information provided by You is accurate, complete and latest.
15. You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify the Company of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account without any liability to the Company, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.
16. You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and the Company cannot guarantee accessibility to the Application at all times. In addition to the disclaimers set forth in the Terms, the Company shall not be liable to You for any damages arising from Your inability to log into Your account and access the services of the Application at any time.
17. Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and all Our products or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our products or Services. As a minor if You wish to use Our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete and that user using the Application has obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate Your subscription and / or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Application.
18. You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the Application/Website/Services; (ii) Your violation of any term of these Terms or any other policy of the Company; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application/Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.
19. In no event shall the Company, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application.
20. In the event of Your breach of these Terms, You agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.
21. Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
22. The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in ____________ and You hereby accede to and accept the jurisdiction of such courts.
23. The Company has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application or the Services as it deems fit at any time without notice. Further, the Company has the right to amend these Terms from time to time without prior notice to you. The Company makes no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that the Company shall not be liable to You or any third party for any modification, suspension or discontinuance of the Application/Services. All prices are subject to change without notice.
24. DISCLAIMER: THIS WEBSITE, THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATION/PRODUCTS AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, and TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION/SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.
25. GENERAL RENTAL AND USE OF ALTT Associates Pvt Ltd. VEHICLES
· Rider(s) can be maximum two
ALTT Associates Pvt Ltd. and the Hirer are the only parties to this Agreement. The Hirer is the 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 is supposed to be ridden by one or maximum two riders.
Rider is At Least 16 Years Old
Hirer/Rider certifies that s/he is at least 16 years old. Vehicles provided by ALTT Associates Pvt Ltd. are non-licence driving vehicles with constraint of riders age should be at least 16 years.
Rider is an Experienced Vehicle Operator and Mandatory Use Of Helmet
Rider denotes and certifies that he/she is familiar with the operations of an electric Vehicle and is reasonably experienced to ride the Vehicle. By choosing to ride, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for deciding whether conditions, including rain, storms, or man-made situations, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behaviour to suit the weather and traffic conditions. It is mandatory for all riders to wear helmet while driving and if two riders are supposed to be driving, rider needs to inform ALTT Associates Pvt Ltd. on support line to provide another helmet. One helmet is already provided inside tail box which will open from Your ALTT Associates Pvt Ltd. mobile application itself when you start a ride.
Vehicle is the Exclusive Property of ALTT Associates Pvt Ltd.
Rider agrees that the Vehicle and any ALTT Associates Pvt Ltd. equipment attached to the Vehicle, at all times, remain the exclusive property of ALTT Associates Pvt Ltd. . You must not disassemble, write on, modify, repair or deface a Vehicle, any part of a Vehicle, or other ALTT Associates Pvt Ltd. equipment in any way. You must not write on, peel, modify or damage any sticker on a Vehicle in any way. You must not use a Vehicle, or other ALTT Associates Pvt Ltd. equipment for any advertising or similar commercial purpose.
Vehicle Operating Hours and Vehicle Availability
Agrees and acknowledges that the operating hours of each ALTT Associates Pvt Ltd. station is different. Vehicles available at each station are limited and may not be available at any point of time.
Vehicle May be Used and/or Operated only in ALTT Associates Pvt Ltd. Designated Areas
Rider agrees to only use, operate and/or ride the Vehicle in ALTT Associates Pvt Ltd. designated regions/areas.
Rider Must Follow Laws Regarding Use and/or Operation of Vehicle
Rider agrees to follow all laws relating to the use, riding and/or operation of the Vehicle, including all state and city laws.
Rider agrees to the following:
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 safely riding the bicycle.
You must not use a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may harm Your ability to operate a Vehicle safely.
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.
The Vehicle must be parked in a spot that is visible.
Weight and Cargo Limits
You must not exceed the maximum weight limit for the Vehicle (150 Kilograms)
You must not tamper with any ALTT Associates Pvt Ltd. system in Vehicle.
Reporting of Damage or Crashes
Rider must report any accident, crash, damage, personal injury, stolen or lost Vehicle, to ALTT Associates Pvt Ltd. 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 s/he is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle.
PAYMENT AND FEES
Rider may use the Vehicle on a pay per ride basis or as otherwise in accordance with the rate plans described in the 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 ALTT Associates Pvt Ltd. . ALTT Associates Pvt Ltd. will charge the Rider’s wallet or other agreed payment methods the amount of the fees as described in this Agreement.
ALTT Associates Pvt Ltd. may charge penalty in any case of violation of the agreement eg. not complying with traffic rules, damaging Vehicle in some way etc.
Documents submission for KYC
Documents to be submitted *: The following would be the documents that need to be submitted for renting the Vehicle-
Valid identity proof with Name, Address and date of birth mentioned on it. (For international visitors, a valid Visa will be sufficed as document proof. A copy of your Passport (OR) Original Aadhar Card (OR) College ID proof (OR) Driving License (upload through an App)
A Selfie or Passport size photograph (upload through an App)
Terms and Risks of use
Rider is solely and fully responsible for the safe operation of the 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 agrees that riding a Vehicle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Rider or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Rider agrees that such risks, dangers, and hazards are Rider’s sole responsibility, including, but not limited to, choosing whether to wear a bicycle helmet as required by law or utilize other protective gear. Rider agrees that if Rider’s use of any of the Services causes any injury or damage to another person or property, then Rider may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Vehicle, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that ALTT Associates Pvt Ltd. 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.
If a Vehicle is not returned within 48 consecutive hours, then the Vehicle is deemed lost or stolen and a police report may be filed with local authorities. The data generated by the Service’s computer is conclusive evidence of the period of use of a Vehicle by a Rider. Rider must report Vehicle disappearance or theft to ALTT Associates Pvt Ltd. immediately or as soon as possible
At any time and from time to time, and without Rider’s consent, ALTT Associates Pvt Ltd. may unilaterally terminate Rider’s right to use the Service, in ALTT Associates Pvt Ltd. ’s sole discretion and without any notice or cause. Rider may terminate Rider’s use of the Service at any time; provided, however, that (i) no refund will be provided by ALTT Associates Pvt Ltd. , (ii) the term of this Agreement continues in accordance with this Agreement, (iii) 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 Service, regardless of how the Agreement is terminated.
30. General Provisions:
· Notice: All notices served by the Company shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to ____________________.
· Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking Your consent.
· Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
· Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
· Relationship: You acknowledge that Your participation on the Application, does not make You an employee or agency or partnership or joint venture or franchise of the Company.
· The Company provides these Terms so that You are aware of the terms that apply to your use of the Website/Application and Services. You acknowledge that, the Company has given You a reasonable opportunity to review these Terms and that You have agreed to them.
· Any feedback You provide with respect to the Application shall be deemed to be non-confidential. The Application shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.
· Under no circumstances shall the Company be held responsible in any manner for any content provided by other users even such content is offensive, hurtful or offensive. Please exercise caution while accessing the Application.
26. Customer Care:
We make all best endeavours to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at email@example.com