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eWe Rental Agreement, Waiver of Liability and Release

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  • +(123)-456-7890

eWe Rental Agreement, Waiver of Liability and Release

Effective Date: 1st April, 2019

PLEASE READ THIS AGREEMENT CAREFULLY. THIS RENTAL AGREEMENT & TERMS OF SERVICE (COLLECTIVELY THE AGREEMENT) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE

In consideration of Your use of any of the eWe Services (defined below) provided by Watts & Volts Mobility Pvt. Ltd (referred to as “eWe”), eWe requires that You (“Rider,” “You,” or “Your”) (acting for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this eWe Rental Agreement, Waiver of Liability, and Release (“Agreement”). eWe and Rider are collectively referred to as “Parties" and individually as “Party". This Rental Agreement and Terms of Service govern all the regulations, rights, terms and conditions between the Parties.

PREAMBLE
WHEREAS eWe is in the business of providing electric vehicles (hereinafter referred to as the “Vehicle") on hire/rent. WHEREAS the Rider is ready to avail the services and take on hire an electric vehicle and he / she has filled the online form containing his / her mobile number, email address and contact details, and uploaded / or agreed to provide the identity proof, and other required details. Rider has understood the tariffs and rates applicable.

ASSURANCE BY THE RIDER
It is agreed that all risks associated during the custody of the vehicle is with Rider. It is more specifically agreed further that in cases where vehicle is used in a manner which is not permitted under law or is in violation of any law, Rider should assume absolute liability and indemnify the owner from all statutory and other liabilities cast upon him.

The services provided by eWe include (1) eWe mobile application and related website (including any versions optimized for viewing on a wireless or tablet device), (2) Our eWe Electric Vehicles (“Vehicle” or “Vehicles”), (3) discretionary charging of the Vehicle by Rider per Section 1.18 below, and (4) all other related equipment, personnel, services, applications, websites, and information provided or made available by eWe (collectively, the “eWe Services”).

You expressly agreed to the Terms of Service when you signed up for eWe. Please read each provision of the Agreement carefully. It sets forth the legally binding Terms and Conditions for your use of the Services and the Vehicles. Capitalized terms have the meanings given to them where defined in this Agreement.
THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OF-RISK PROVISIONS THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES. PLEASE REFER TO SECTIONS 9 AND 15 BELOW FOR MORE DETAILS. The rider shall abide by the following:

  1. The Vehicle must be locked at the conclusion of the ride. If the Vehicle is not locked, the trip will continue and You will continue to be charged. The maximum charge for a single trip is ₹1500 for 24 hours. For more details, please refer to Section 2.4 below. This does not include any miscellaneous charges or damage charges, as may be the case. Taxes are extra.
  2. Upon conclusion of Your ride, the Vehicle must be parked at an eWe docking station as defined on the app, i.e. the Vehicle cannot be parked on private property or in a locked area or in any other public space. If this is not followed penalty of upto ₹5000 may be charged.
  3. All applicable laws (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric Vehicles) must be obeyed, including any helmet laws in Your area.
  4. You must promptly report any damaged or malfunctioning Vehicles to eWe via the eWe mobile application (the “eWe App”)

eWe expressly agrees to rent the Vehicles, and the Rider expressly agrees to take on rental of the Vehicle subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in Indian Rupees.

1. GENERAL RENTAL AND USE OF VEHICLE
1.1 Rider is 18 Years Old or Above
Rider represents and certifies that Rider is at least 18 years old and has a valid driver’s license.

1.2 Rider is the Sole User
eWe and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand and agree that when a Vehicle is unlocked by You at any location, the Vehicle must be used ONLY BY YOU. You must not allow anyone else to use a Vehicle that You have activated from a location.

1.3 Rider is a Competent Vehicle Operator
Rider represents and certifies that he/she is familiar with the operation of the Vehicle and has seen the ‘How to Ride’ videos on the eWe app, and is reasonably competent and physically fit to ride the Vehicle. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions. Rider is responsible for determining weather conditions, including, but not limited to, rain, fog, hail, heat or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behaviour and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.

1.4 Vehicle is the Exclusive Property of eWe
Rider agrees that the Vehicle and any eWe equipment attached thereto, at all times, remain the exclusive property of eWe. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other eWe equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or other eWe equipment, for any advertising or other commercial purpose without the express written permission of eWe.

1.5 Vehicle May be Used and/or Operated only in Mapped Areas
You agree to only use, operate, and/or ride the Vehicle in areas as mapped. You agree that You will not use any Vehicles in restricted areas and you assume all responsibility and liability for any operations of any Vehicle in any restricted area, including any fines and fees as a result of your use of the Vehicles in any restricted areas.

1.6 Vehicle Reservation
You agree to use the vehicle reservation only when you are ready to avail the eWe service. Reservation fee will be paid at the time of reservation. This is valid for 15 minutes. Cancel reservation option is available for the Rider incase they have a change of plans or used the reservation option by mistake. If the reservation is cancelled within 3 minutes, no reservation charges will applied. if the reservation is cancelled after 3 minutes, the reservation charges will apply.

1.7 Vehicle Pause
You agree to wisely use the pause functionality in the eWe mobile application as and when needed to stop for short intervals / errands. During the pause period Rider will continue to be billed for the usage of the vehicle and will be responsible for compliance with laws and maintenance of the vehicle condition. Rider must always lock the vehicle during the pause mode and park the vehicle in a safe & secure location.

1.8 Vehicle Breakdown
In the unlikely event of a Vehicle breakdown while on a ride (this does not include Vehicle running out of charge), Rider must try to drop the Vehicle at the closest docking station and report the issue on the eWe app after manually locking the Vehicle. If there is no docking station nearby, Rider must ensure that the Vehicle is parked in a safe location where it is clearly visible. Ensure the Vehicle is not parked in a basement or on private property. Rider must lock the Vehicle manually and report the issue on the eWe App.

1.9 Vehicle Operating Hours and Vehicle Availability
You agree and acknowledge that the Vehicles may not be available 24 hours a day, 7 days/week, 365 days per year. Vehicles must be rented within the maximum rental time limits set forth and this may vary from time to time, place to place and will be made known to the user in app. The number of Vehicles are limited and Vehicle availability is never guaranteed. Vehicles are subject to availability at a given location on a first-come, first-served basis. Due to the nature of the service, eWe cannot and does not guarantee that Vehicles will be available at any given location or at any given time.

1.10 Compliance with Laws
You agree to follow all laws, rules, regulations and all ordinances pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all state and local laws and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including any helmet laws.

YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY VIOLATION OF ANY LAWS, RULES, REGULATIONS WHILE USING THE SERVICES, INCLUDING BUT NOT LIMITED TO IMPROPER RIDING AND/OR PARKING, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, COSTS AND EXPENSES, PENALTIES, SUITS, ATTORNEY FEES (INCLUDING IMPOUNDING FEES CHARGED BY ANY LOCAL GOVERNMENT) AND/OR DISBURSEMENT OF ANY KIND, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN AS A RESULT OF USING ANY OF THE SERVICES.

1.11 Prohibited Acts
Rider agrees to the following:

  1. You will not operate any Vehicle in violation of any laws, rules, regulations, and/or ordinances, including any and all rules pertaining to riding any Vehicles on sidewalks and/or parking Products.
  2. eWe recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance or impair safe operation of the Vehicle. If You choose to use such an item, eWe recommends that You ensure the item fits snugly to Your body and does not impede Your ability to operate the Vehicle safely or, if a cart is attached to the Vehicle, then the cart should be used to carry small items.
  3. You must not place heavy objects on the handlebar of the Vehicle, such as heavy backpacks or bags.
  4. You must not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Vehicle safely.
  5. While riding a Vehicle, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle safely.
  6. You must not carry a second person or child on a Vehicle meant for one person only.
  7. You may only use locking mechanisms provided by eWe. You may not add another lock to the Vehicle or lock a Vehicle to anything.
  8. When paused, the Vehicle must be parked at a lawful parking spot, in an upright position using the kickstand. The Vehicle cannot be parked on unauthorized private property, in a locked area, or in any other unapproved non-public space. You should not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of being knocked down.
  9. You must not use a Vehicle with the intent to destroy public or private property or to cause injury or damage to persons or private property.
  10. You must not interfere or attempt to interfere, either directly or indirectly, with a Vehicle’s GPS, wireless or other technology or Remove or attempt to remove any eWe system designed to track Vehicle location or ride duration.
  11. You must not attempt to or ride a Vehicle without payment through any device, scheme or artifice.
  12. You must not use a Vehicle in connection with a criminal act.
  13. You must not use a Vehicle to propel or tow any vehicle, trailer, or other object, or to transport animals of any kind or nature or any other persons.
  14. The foregoing list is not intended to be exhaustive and eWe expressly retains discretion to prohibit any unreasonable, unlawful or inappropriate use of a Vehicle.


1.12 Vehicle is Intended for Only Limited Types of Use
You agree that You will not use the Vehicle for racing, mountain riding, or stunt or trick riding. Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others or in a location or in a way that may cause a damage to the vehicle. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.

1.13 Reporting of Damage or Crashes
Rider must report any accident, crash, damage, personal injury, or stolen or lost Vehicle to eWe 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 immediately / ASAP, not exceeding 24 hours. Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle.

1.14 Weight and Cargo Limits
You must not exceed the maximum weight limit for any of the Vehicles (120 kgs) or the cargo carrier / basket on any Vehicle (5 kgs). You must not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment. You acknowledge that the front carrier/basket and/or back basket of any Vehicle is intended for light goods only, and that You will not carry people or animals anywhere on any Product.

1.15 No Tampering
You must not tamper with, attempt to gain unauthorized access to, or otherwise use the eWe Services other than as specified in this Agreement.

1.16 Rider Responsibility for Vehicle Use and Damage
Rider agrees to return the Vehicle to eWe in the same condition in which it was rented. You agree that You will be responsible for the cost of repairing and/or replacing any Vehicle that You damage and/or cause damage to. You will not be responsible for normal wear and tear of the Vehicle. If you vandalize any Vehicle, You shall be liable for upto Rs. 80,000 for each eWe, in eWe’s sole and absolute discretion.

1.17 Electric Vehicle
The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following:

  1. The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).
  2. The level of charging power in the Vehicle at the time You initiate the rental or operation of Vehicle is not guaranteed and will vary with each rental use.
  3. 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.
  4. It is Rider’s responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle.
  5. eWe does not guarantee the distance and/or time that Rider may operate the Vehicle before it loses charging power completely. The Vehicle may run out of charging power and cease to operate at any time during Rider’s rental of the Vehicle, including before reaching eWe docking station.


1.18 Charging of Vehicle

In the unlikely event of a Vehicle getting discharged faster than indicated on the App while on a ride, Rider must try to drop the Vehicle at the closest docking station and report the issue on the eWe app after manually locking the Vehicle. If there is no docking station nearby, Rider must ensure that the Vehicle is parked in a safe location where it is clearly visible. Ensure the Vehicle is not parked in a basement or on private property. Rider must lock the Vehicle manually and report the issue on the eWe App.

In case of unauthorized charging of the Vehicle by the Rider, Rider agrees that he/she is responsible for all costs, charges, fees, expenses, penalties, and fines associated with the charging of the Vehicle, and that eWe will not reimburse Rider for such.

Consistent with Section 1.18, Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs, and expenses, penalties, attorney’s fees, judgments, suits, or disbursements of any kind or nature whatsoever related to charging of the Vehicle. By choosing to charge a Vehicle, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that eWe and all other Released Persons (defined below in Section 15) are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle.

 

2. PAYMENT AND FEES
2.1 Fees
Rider may use the Vehicle on a pay per ride basis or as otherwise in accordance with the pricing described in the eWe mobile application. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by eWe immediately on completion of the ride. eWe will charge the Rider (through credit, or debit card or wallet or through another agreed payment method) the amount of the fees as described in the eWe App.

2.2 Pre-authorization / Security Deposit
Rider agrees to allow eWe to take a pre-authorization on Paytm as a deposit for every ride. This pre-authorization will be released 4 hours after completion of the ride / ending the ride. The deposit amount will be defined on the eWe App and will be updated from time to time on the App.

2.3 Promo Codes
Promo codes (discounts) are one-time offers and can be redeemed only via the eWe App. eWe reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.

2.4 Maximum Rental Time and Charges
Maximum rental time is 24 hours. Rider agrees that Rider will deactivate the Vehicle rental within 24 hours of renting a Vehicle. Rider may then rent again. Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking of the Vehicle. The maximum day charge is ₹1500 and is based on a calendar day. After return of the Vehicle, Rider will be charged the accumulated rental charges, or the maximum day charge, whichever is less. Vehicles not returned (locked and a ride concluded) within 48 hours will be considered lost or stolen, and Rider may be charged up to ₹80,000/- and a police report may be filed. eWe may also charge a service fee of ₹1000 per day for rentals in excess of 24 hours where the Vehicle is not lost or stolen.

2.5 Valid Credit Card or Debit Card or Wallet
To be registered to use the eWe Services, Rider must provide eWe with a valid wallet, credit or debit card number and expiration date. Rider represents and warrants to eWe that Rider is authorized to use any wallet, credit or debit card Rider furnishes to eWe. Rider authorizes eWe to charge the wallet / card for all fees incurred by Rider. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by eWe. If Rider disputes any charge on Rider’s wallet, credit or debit card account, then Rider must contact eWe within 10 calendar days of the transaction with the disputed charge, and provide to eWe all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the ride associated with the disputed charge. eWe will review the details provided and revert with the resolution at the earliest. Rider agrees to immediately inform eWe of all changes relating to the card. Rider agrees that eWe is authorized to charge the selected payment method for any payments and any other sum that Rider owes to eWe as a result of use of an eWe which includes but is not limited to unreported damage or repairs that are necessary as a result of your use of a eWe. Rider further agrees that eWe is authorized to seek pre-authorization of any charge to any credit card that you provide as a payment method for using the Services.

2.6 Pick Up Fees
If You are unable to return a Vehicle to an eWe docking station (i.e. You deactivate the Vehicle on private property, a locked community, or another unreachable area), and request that the Vehicle be picked up by eWe staff, eWe, at its sole discretion, may choose to charge You a pick-up fee up of ₹1000 or the actual to and fro travel and transportation cost of eWe and eWe personnel, whichever is higher. If any Vehicle accessed under Your account is abandoned without notice, You will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus a service charge (currently ₹1000) to recover the Vehicle. Fees are subject to change.


3. ADDITIONAL TERMS OF USE
3.1 Safety Check
Vehicles are provided on an “as-is” basis. Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) sufficient battery charge power; (iv) good condition of the frame; and (iv) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service of any problems via our App. If Rider fails to report any evidence of damage or disrepair prior to using the Vehicle, then Rider may be liable for the cost of repairing the Vehicle. For Rider’s own safety, Riders are prohibited from operating a Vehicle if any of the following equipment is not in good working order: throttle, brakes, tyres, and lights.

3.2 Helmets & Safety
eWe recommends that all Riders wear a Snell, CPSC, ANSI, ISI , BIS or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. eWe and all other Released Persons (defined below in Section 15) do not represent or warrant the quality or safety characteristics of any helmet, and Rider agrees that none of the Released Persons is liable for any injury suffered by Rider while using any of the eWe Services, whether or not Rider is wearing a helmet at the time of injury. Rider assumes all risk of not wearing a helmet or other protective gear. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.

3.3 Lost or Stolen Vehicle
A Vehicle may be deemed lost or stolen if (a) the Vehicle is not returned within 24 consecutive hours, (b) the Vehicle’s GPS unit is disabled, (c) the Vehicle is parked on unauthorized private property, in a locked area, or in any other non-public space for more than ten minutes after a ride ends, (d) the Vehicle moves more than thirty feet after a rental has ended and eWe believes such movement was not caused by another Rider or authorized third party, or (e) other facts and circumstances that suggest to eWe in its reasonable, good faith determination that a Vehicle has been lost or stolen. eWe and You agree that the last Rider of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise to eWe in its reasonable, good faith determination. If eWe deems a Vehicle lost or stolen, eWe shall have the authority to take any and all actions it deems appropriate (with respect to the last Rider of a Vehicle or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Rider agrees the data generated by eWe’s computer is conclusive evidence of the period of use of a Vehicle by a Rider. Rider agrees to report Vehicle disappearance or theft to eWe immediately or as soon as possible.

3.4 Vehicle Routes
Rider agrees that eWe does not provide or maintain roads to ride Vehicles, and that eWe does not guarantee that there will always be a safe place to ride a Vehicle. Roads, sidewalks, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards.

3.5 Limitations on Availability of eWe Services
eWe does not guarantee that the Services will be available at all times, although eWe makes every effort to provide eWe Services 365 days per year, unforeseen events or other circumstances might prevent eWe from providing the eWe Services at all times. eWe does not represent or warrant the availability of any of eWe Services or the availability of any Vehicle at any time. Access to eWe Services is conditioned on the availability of Vehicles. Rider agrees that eWe may require Rider to return a Vehicle at any time.

3.6 Limitations on Vehicle Rental
Rider agrees that eWe is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. eWe provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.


4. Termination by eWe
At any time and from time to time, and without Rider’s consent, eWe may unilaterally terminate Rider’s right to use the eWe Services, in eWe’s sole discretion and without any notice or cause. Rider may terminate Rider’s use of the eWe Services at any time; provided, however, that (i) no refund will be provided by eWe, (ii) Rider may still be charged any applicable additional fees in accordance with this Agreement, and (iii) the term of this Agreement continues 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 eWe Services, regardless of how the Agreement is terminated.


5. Confidentiality of Information; Privacy Policies
You understand and agree that all personally identifiable information that is held by eWe and pertains to You, including all names, addresses, phone numbers, email addresses, pins, payment information, and other information will be kept by eWe in accordance with its privacy policy.


6. License to Image and Likeness
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to eWe and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the eWe Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to eWe and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the eWe Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as eWe may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims (defined below in Section 15) that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.


7. Notice
eWe may be contacted by emailing hi@e-we.co


8. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of India. The courts at Telangana, India, have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute relating to any non-contractual obligations arising out of or in connection with this Agreement) and the parties submit to the exclusive jurisdiction of such courts.


9. Dispute Resolution
The Parties to this Agreement hereby agree that they intend to discharge their obligations in utmost good faith. The Parties therefore agree that they shall, at all times, act in good faith, and make all attempts to resolve all differences and disputes howsoever arising out of or in connection with this Agreement by discussion, failing which, by due legal process. Any differences and disputes that are not resolved by mutual negotiation within a period of one (1) month, after they have arisen, shall be referred to the legal authorities for due processing under the law. The jurisdiction of the legal process shall be at Hyderabad, India, and the language shall be English. The award by the honourable courts shall be final and binding on the Parties


10. Waiver and Severability
No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.


11. Cumulative Remedies
All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.


12. Final Agreement; Modification by eWe
This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Rider’s consent, eWe may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the eWe Services after any amendment, modification, or change, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, eWe will post a notification on the Website. The pricing set forth on the App supersedes all pricing set forth in this Agreement.


13. Contract Interpretation
The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.


14. Voluntary Execution of this Agreement
This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of eWe. Rider acknowledges that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.


15. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK
In exchange for Rider being allowed to use eWe Services, Vehicles, and other equipment or related information provided by eWe, Rider agrees to fully release, indemnify, and hold harmless eWe and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) with which the operators have contracted with to provide eWe Services, and every sponsor of any of the eWe Services and all of the sponsor’s owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Rider’s use of the eWe Services, Vehicles, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. Such released are intended to be general and complete releases of all Claims.

“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the eWe Services, including any of the Vehicles, placement, equipment, maintenance, related information, this agreement or (b) Rider’s use of any of the foregoing.

To the fullest extent permitted by law, and as to Rider’s use of any of the eWe Services, Vehicles, or related equipment, eWe and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the eWe Services, Vehicles, and related equipment are provided “as is” and “as available,” and Rider relies on them at Rider’s own risk.

Rider is aware that Rider’s use of any of the eWe Services, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Rider or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:

  1. vehicles and other objects;
  2. pedestrians;
  3. traffic;
  4. Vehicle or component malfunction;
  5. road conditions;
  6. weather conditions;
  7. failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to Section 1.10;
  8. commission of any of the prohibited acts listed in Section 1.11;
  9. failure to perform the required safety check pursuant to Section 3.1;
  10. failure to wear a helmet where required by law; and
  11. negligent acts or omissions by eWe, any other Released Person, Rider, or third party.


Rider is solely and fully responsible for the safe operation of Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Rider assumes full and complete responsibility for all related risks, dangers, and hazards.

To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of eWe, the Released Parties, any Municipality or any other party. Rider hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Rider does not know or suspect to exist in his or her favor at the time of use of eWe Services, and expressly waives Rider’s rights under any statutes that purport to preserve Rider’s unknown claims.


RIDER ACCEPTANCE OF AGREEMENT

  1. I certify that I have read and expressly agree to the terms and conditions of Section 15 Releases; Disclaimers; Assumption of Risk, and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the Vehicle, and am reasonably competent and physically fit to ride the Vehicle.
  2. I certify that I am the Rider, I am 18 years old or over, I will wear a helmet where required by law, I will not ride an eWe with another occupant, I will obey all traffic laws, I will follow safety check instructions before every ride, I will ride at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.