Yulu Services Rental Agreement, Waiver of Liability and Release
Effective Date: February 27, 2019.
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES.
In consideration of Your use of any of the Yulu Services (defined below) provided by Yulu Bikes Private Ltd. d/b/a Yulu, operator of Yulu Bike Share, Yulu requires that You (“Rider”, “You”, or “Your”) agree to all terms and conditions in this Yulu Agreement, Waiver of Liability, and Release (“Agreement”), as applicable.
The “Services” provided by Yulu are composed of the following including
Please CAREFULLY READ all terms and conditions before entering into this Agreement. Here is a list of some of the terms that Yulu wants to bring to your notice in the event you are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them where defined in this Agreement.
On completion of your ride, the Bike must be locked and parked at respective designated YULU ZONE. If the Bike is not locked and parked at YULU ZONE, the trip will continue and you will continue to be charged. Yulu holds the rights to end your ride and charge a non-compliance fee of up to INR 1000.
On completion of your ride, park the Bike/Electric Scooter at a Yulu designated parking location ("Yulu Zone") following all the laws. The Bike/Electric Scooter cannot be parked in non-public spot, private property or in an area that is locked.
You must follow all traffic laws, e.g. any cycling lane laws in your area, electric vehicle regulations in your area
If there is a damage or malfunction in the Bike or Electric Scooter, you must immediately report it to Yulu via the App Support feature or e-mail - email@example.com
Yulu clearly agrees to let, and the Rider clearly agrees to take on, rental of the Bike/Electric Scooter 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.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, YULU, OR RELATED EQUIPMENT, YULU AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ALL OF THE SERVICES, YULU, AND RELATED EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK).
YULU AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, YULU, OR RELATED EQUIPMENT WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, YULU, OR RELATED EQUIPMENT.
RIDER DOES HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF YULU OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
THE TOTAL LIABILITY OF YULU AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF INR 10,000.
SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO RIDER, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO RIDER, AND RIDER MIGHT HAVE ADDITIONAL RIGHTS.
YULU CLEANS AND SANITIZES ITS VEHICLES AT A REGULAR FREQUENCY. SANITISATION IS DONE USING A WHO CERTIFIED SOLVENT. HOWEVER, IN THE UNFORTUNATE CIRCUMSTANCE IF A COMMUTER CONTRACTS AN ILLNESS, YULU CANNOT BE HELD LIABLE.
Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the vehicle, which includes inspecting the following: (i) wheels (ii) safe operation of all brakes (iii) proper attachment of the saddle, and battery level (only for electric scooters); (iv) good condition of the handle and bell; and (v) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer support using Yulu App or sending an email at firstname.lastname@example.org.
Vehicles shall have the following safety precautions as a minimum:
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 Yulu 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 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 Yulu 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 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 Yulu 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 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.
Yulu may be contacted by emailing email@example.com
This Agreement is governed by, and must be construed and enforced in accordance with, the laws of India, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the India and agrees that those courts have personal jurisdiction over each party; and (iii) the parties must submit the dispute to mandatory mediation to the concerned "Authority" who will assign mediator to conduct the mediation process. The parties agree that any dispute will be first subject to mediation. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.
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.
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.
This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement succeeds all other prior agreements, written or oral, relating to such subject matter. Yulu may amend, modify, or change this Agreement at its discretion and without any notice or cause, at any time, periodically, without Rider’s consent. By continuing to use any Service 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, Yulu will post a notification on the Website. The pricing set forth on the Website supersedes all pricing set forth in this Agreement.
The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not 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.
I certify that I am the Rider, I am 16 years old or above, and I have read and expressly agree to the terms and conditions set forth in this Agreement.
I certify that I am the Parent and/or Legal Guardian of the Rider, who is at least 13 years old, and I am 16 years old or above. I have read, and I expressly agree to, the terms and conditions set forth in this Agreement and authorize use of the Service by the minor Rider.
We, Yulu Bikes Pvt. Ltd., would like Yulu users to know that we will collect and use your personal information. The policies below are applicable to data and information collected when you use any of the following:
The app uses Third Party services for user KYC via Aadhaar Number that may collect information used to identify you.
You may browse the App without submitting any personal information. However, there are a number of features and Services that can be accessed only on submission of the required personal information. The most common ways in which we may collect your personal information are listed below.
When you use our Service and if there is an error in the App, we collect data and information (through third party products) on your phone, called Log Data. This Log Data may include information such as your device Internet Protocol (IP) address of your server, device name, operating system version, the app configuration while you are using our service, the time and date when you use our service, the duration, and other statistics.
The device information about the computer, browser, mobile device or any other device that you use to access the App. This information may include the IP address, geolocation, unique device identifiers, type of browser, language, and other transactional information.
When you use the App, a third party server or we might collect information about your use of the App, including GPS routes and status of GPS chips.
Device information about the Yulu, including time stamps and battery status.
Additional “traffic data” and log files such as time of access, date of access, software crash reports, session identification number, access times, and referring App addresses.
Other information regarding your use of the App.
Collection of Your Source IP Address/Location Information.
We might collect information about you, which we may receive from other sources or from our offline interactions with you. Such information that will enable us to verify, update information contained in our records and to better customize the App for you. We may also collect Personal Information from credit reporting agencies to, for example, determine your creditworthiness, credit score, and credit usage, in accordance with applicable laws.
We may conduct a referral/promotion service to introduce people you know to our Apps and Service. If you choose to refer someone to our App and Service or a discount on the App and Service, we will ask you for your contact’s name and email address. We will automatically send your contact a one-time email invitation to visit our App. We collect and retain this information for the purpose of sending this one-time email and tracking the success of our referral program. Your contact may contact us at firstname.lastname@example.org to request that we remove this information from our database.
Our Services do not address anyone under the age of 13 years. We do not knowingly collect personal information from children under 13 years. In the case we realize that a child under 13 years has provided us with personal information, we immediately delete this from our servers. If you are a parent or a guardian and are aware that your child has provided us with personal information, please contact us so that we will be able to take necessary actions.
Cookies are files with small amount of data that is commonly used as anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your device internal memory. This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collection information and to improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some features of this Service.
We use the information we receive from you to help us personalize services and improve your experience on the App. We may use your Personal and Non-Personal Information in the following ways:
We have third party agents, subsidiaries, affiliates and partners that perform functions on our behalf. These functions may include hosting, billing, push notifications, storage, bandwidth, content management tools, analytics, customer service, fraud protection, etc. These entities have access to your Personal Information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of that Personal Information. They are restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to the App.
We may have to use or disclose Personal Information if required to do so by law or in a situation where such action is necessary to (a) conform to applicable law or comply with legal process served on us or the App; (b) protect and defend our rights or property, the App or our users, and (c) act under emergency circumstances to protect our personal safety and that of our affiliates, agents, or the users of the App or the public. This includes exchanging information with other companies and organizations for fraud protection.
We are concerned about the security of your Personal Information. We practice great care in providing secure transmission of your information from your device to our servers. Your Personal Information collected by our App is stored in secure operating environments that are not available to the public. Our security procedures may require us to request proof of identity before we disclose your Personal Information to you. However, please be advised that while we try our best to safeguard your Personal Information, transmission of data over the Internet or any other public network cannot be guaranteed to be 100% secure.
Following deactivation or termination of your account, Yulu, its Affiliates, Clients, or its service providers may retain information (including your profile information) and user Content for a commercially reasonable time for backup, archival, and/or audit purposes. If you have any questions about deactivation or termination of your account, please contact us directly at email@example.com.
Although you may not be able to opt-out of all data collection when you visit our Apps, you do have a choice to limit the collection, use and sharing of your personally identifiable information.
All personally identifiable information is provided on a voluntary basis. If you do not want Yulu to collect such information, you should not submit it to the App. However, not submitting certain information may affect your ability to access some content and use some of the functions of the App.
You may alter the preference of the type of communications you receive from us, including opting out of promotional communications. You can do this at any time by updating the communication preferences indicated in your account profile through the App.
Please note that by doing so you may not be able to access certain products and services, and we may continue to send non-promotional communications such as staffing confirmations, surveys, and other information about your use of the Service. If you refer others to us using our email functionality, please note that they may choose not to receive any promotional emails from us in the future by following the opt-out instructions in the email invitation.
Please note that while you may opt out of online behavioral advertising and other targeted advertising served by participating companies through App you may still see other types of advertising on the App, it just may not be as relevant or targeted to your interests.
You can review and change the information in your Yulu account by logging into your account and editing your profile. Please note that we may not be able to delete your Personal Information without also deleting your user account. To access any records containing information about you, we may request you to provide us with your Personal Information to verify your identity. Please be advised that you will not be permitted to examine the Personal Information of any other person or entity. We may decline your request to change or delete Personal Information if we believe doing so would violate any law or legal requirement, or cause the information to be incorrect.