TERMS OF SERVICE AND USE
PLEASE READ THE FOLLOWING AGREEEMENT CAREFULLY BFORE USING ARNAB SERVICES. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES. BY CONTINUING TO USE THE SERVICES, YOU ACCEPT THE PROVISIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE PROVISIONS OF THIS AGREEMENT, YOU ARE NOT ENTITLED TO USE THE SERVICES.
Capitalized terms have the meanings given to them where defined in the Agreement.
The services provided by Arnab (“Arnab”, “We”, “Us”, “Our”) include, a) Arnab mobile applications (including all updates, and modifications that may be according to the device used), b) Arnab website, c) Arnab electric scooters (“LEV”) and, d) all other related equipment, including without limitation, maintenance, personnel, services, applications, websites, and information provided, published by Arnab (collectively, “Services”).
By clicking to accept the provisions of this Agreement, you are legally bound by this Agreement. If you do not agree to this Agreement and the conditions set forth, please refrain from use of the Services. The Agreement is effective from when you confirm your acceptance.
This agreement includes information of all updates, supplements, additional terms, and additional rules and policies that We may introduce as and when necessary. In this Agreement, “Applicable Law” means all laws, ordinances, statutes, rules, codes, orders, decrees, regulations, municipal bylaws, judgements, decisions, rulings or awards of any governmental, administrative authority or agency, having jurisdiction over the relevant matter, or the same as issued by any real estate developer or management company, as applicable.
You certify that You are above 18+.
- When You unlock the vehicle You certify that You are 18+ years of age
- You are the only user of that specific vehicle
- Once You unlock/use/ride the vehicle We are not liable in any form if You are under 18 years of age
- If You have shared the vehicle with an underage (less than 18 years) person You hold all liability of any action being the account holder of that reservation
- Any incident/accidents/fines due to usage of the vehicle in non-compliance of rules/regulations will be the sole responsibility of the account holder
- You agree to indemnify Us or any of the associated employees of any liability arising from use of Arnab LEVs
- You hold the sole responsibility on riding and using Arnab LEVs
- You are the sole user: Arnab and You are the only parties to this Agreement. You are solely responsible for compliance with all terms and conditions set forth in this Agreement. You understand that once you unlock a LEV, it must be operated only by You. You shall not allow any third party to use a LEV that has been activated by You.
- You are of appropriate age: You represent and certify that You are of 18 years or above. If You are within the age range of 18 – 21 years old, you represent that You have the permission of Your parent or legal guardian to enter into this Agreement in their complete knowledge and consent.
- You are familiar with the operations: You represent and certify that you are familiar with the operation of the LEV, and are physically and mentally fit to operate a LEV safely. You are responsible for determining whether external factors, including without limitation, rain, fog, snow, hail, ice, sandstorm, electrical storm, flood, which makes it unsafe to operate the LEV. You certify that you are capable of adjusting Your riding behaviour, including without limitation, braking, speeding, turning, to suit all conditions, including the weather, visibility, surrounding environment, and traffic conditions.
- LEVs remain exclusive property of Arnab: You acknowledge and agree that all LEV’s and any Arnab equipment attached thereto, at all times, remain the exclusive property of Arnab, during and post Your rental period; You shall not modify, including without limitation, repair or deface any part of the LEV or other Arnab equipment in any form, write on, peel, scratch, colour or deface any paint, sticker or other parts and accessories on a LEV in any way. You shall not use a LEV or any Arnab equipment for any form or nature of advertising or commercial purpose without the expressed written permission of Arnab.
- Vehicle availability: You acknowledge and agree that the number of LEV’s is limited and their availability is never guaranteed. Arnab does not stand responsible for shortage of vehicle availability.
- LEV operational zones: You agree to only operate, use, and/or ride the LEV in areas that are included in Arnab operational zones and in accordance with all Applicable Laws and speed limits. The use of LEV on public roads and highways is illegal and a breach to this Agreement. Arnab operational zones will be indicated, via our app and website, within which the LEV’s will function. You understand that the continued operation of the LEV outside the Arnab zones will cause the LEV’s to automatically disable. You expressly agree to restrain use of the LEV in any restricted areas and You assume any and all responsibility and liability for any operation of the LEV in any restricted area, including without limitation, fees and fines and damage repair. You agree to not terminate your rental period in areas other than Arnab parking spots or Arnab charging stations. If any LEV should be confiscated, found or impounded by a competent authority as a result of Your breach to riding outside Arnab operational zones or in restricted areas, You agree to pay Us all the costs and expenses involved in retrieving the LEV or in replacing the LEV in cases where the LEV cannot be retrieved.
- Abiding to Applicable Laws: You are solely responsible and liable to all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorneys’ fees, judgements, suits, fees and/or disbursements of any kind or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, that result from Your violation of any Applicable law/s while using the Services. Arnab does not insure You for any liabilities You may incur in this case, either directly or with respect to any third party.
- Ending your rental period: It is Your responsibility to ensure that the LEV is parked at an Arnab authorized parking before you end your ride. You shall park the LEV in an upright position using the kick stand, and ensure the LEV is not leaning on anything other. If You need to park the LEV during Your rental period it remains Your responsibility to ensure the LEV is not parked in no-parking zones which includes unauthorized private property, in a locked area, in any unapproved place, on an uneven ground, in or near water, sports grounds, blocking parking ticket stations, parking entrances, crossways, footpaths, emergency exits or vehicles or at any such places that may cause inconvenience to others.
- You agree to follow all the terms following:
- You shall not operate the LEV while carrying any luggage, including without limitation, briefcase, backpack, bag, or any other item which may impede Your ability to operate the LEV safely with both hands and adequate leg room.
- You shall not place, hang, suspend or stick any objects from the handlebar, including without limitation, bags, backpacks or tags.
- You shall not make use of any cellular telephone, text messaging device, portable music player, headphones, portable gaming devices, or any other device that may distract you from operating the LEV safely.
- You shall not operate the LEV post consumption of any alcohol, drugs, medication, or any other substance that may impair Your ability to operate the LEV safely.
- You shall not carry any other person on the LEV, including without limitation, baby carriers.
- You may use locking functions only that have been provided by Arnab. You shall not add any other form of lock, physical or digital, to lock and unlock the LEV.
- Intended use of LEV: You agree to operate the LEV solely for its intended use of short distance transportation purposes. You shall not make use of the LEV for any other purposes, including without limitation, mountain riding, stunts, racing, towing, or any such reasons whatsoever. Arnab does not hold responsibility of any consequences that may result from Your violation to the same. You shall not use the LEV for hire or reward or in violation of any Applicable Laws.
- Weight and cargo limit: The maximum weight limit of the LEV is 100 kilograms, You agree to not exceed the same. You shall be responsible for any malfunctions, accidents, or any other circumstances as a result of exceeding weight limitations.
- Reporting damages and crashes: It is your responsibility to return the LEV in an ‘as is’ condition. You are not responsible for normal wear and tear. It remains your responsibility to report any accident, crash, damage, personal injury, or stolen or lost LEV to Arnab at the earliest. You shall file a report with the local police department within 24 hours of the crash if it involves any kind of injury to you or any third person or damage to property. You agree that you are responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgements, suits or disbursements of any kind or nature whatsoever concerning a lost or stolen LEV, to the extent permissible by Applicable Law.
- Payment of fees, fines and other dues: You agree to pay any and all fines, fees, penalties, impounding charges, court costs, traffic tickets, tolls, and/or any other charges incurred by Arnab, that result from Your improper operation of the LEV, including without limitation, improper parking or violation of any Applicable Laws while using Arnab services.
- Charging of the LEV: You acknowledge and agree to the following:
- The level of battery remaining in the LEV decreases with its use over time and distance, the LEV’s operational capabilities, including speed and any other facilities, may decrease (or even cease entirely) with the decrease in battery life. The LEV may run out of battery and cease to operate at any time during Your rental period.
- The level of battery life available in the LEV at the time You initiate your rental period is never guaranteed and may vary each time. The rate at which the battery life decreases is based the speed at which You operate, the road conditions, the weather conditions, and other factors. It is Your responsibility to ensure there is enough battery remaining in the LEV before You initiate Your rental service.
- If the LEV runs out of battery during Your rental period, You shall end the ride in compliance with all terms of this Agreement. You shall ensure that the LEV does not run out of power in an unsafe environment. It remains Your responsibility to park the LEV in an authorized parking. If an accident occurs because of the LEV’s ceasing of battery during Your ride, Arnab shall not be responsible for any charges, including without limitation, allegations, fees, fines or damage.
- You shall not attempt to charge the LEV by any other source other than at Arnab charging stations.
- Insurance: Arnab will have all necessary insurance associated with the Vehicles as required by applicable law.
- You may use the LEV on a pay- per- ride basis. Fees, and other charged may be subject to applicable taxes and other local government charges, which will be collected by Arnab. You shall pay using credit/ debit card or any other payment method that may be made available via the Arnab app.
- Promo codes or discounts are one- time use offers and can only be redeemed via the Arnab app. Discounts are limited to one person and cannot be combined with other offers. Discounts are non- transferable, not for re selling purposes and have pre-determined limited validity.
- Credit/Debit card registration: In order to successfully complete your registration and use Arnab services, You will be asked to provide Us with Your credit/debit card information. By providing Arnab with this information, You represent your consent and authorize Arnab to charge the registered card for all fees incurred by the rider in concern with Arnab services. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Arnab. If at all You should have any dispute on any charge on Your registered card made by Arnab, it is Your responsibility to contact Arnab within 10 business days from the end of the day of the disputed charge and provide Arnab with all trip information that may be necessary to identify the disputed charge. You agree to voluntarily inform any/all changes that may be made by You regarding Your registered card details. It is Your responsibility to Your registered card information up to date and ensure You have sufficient credit available on Your registered card.
- If you fail to return Your rented LEV to an Arnab authorized parking spot or docking station, deactivate the LEV on inaccessible private property, locked area, areas outside of Arnab zones, or any other unreachable area, Arnab at its sole discretion may choose to charge You any charges including, fines and/or pick up fees incurred by Arnab to recover the LEV and put a temporary hold on Your account.
- When You unlock a LEV, We assume You have checked the, a) the trueness of the wheels, b) operation of the brakes, c) battery life remaining, d) obvious signs of damage of any kind or nature, and, e) any obvious mechanical, technical or functional issues. If You do notice any issues listed herein, You agree to inform Arnab of any such noticeable issue/s at the earliest.
- If at any time during, prior, or post Your ride, You notice any defect or any potentially unsafe condition on any LEV, You shall refrain from using that LEV, or, if You are already riding the LEV, You must immediately cease riding it and bring it to the notice to Arnab.
- The LEV may be considered lost or stolen if You do not end the ride within 24hrs, if the GPS unit is disabled, if the LEV is not returned to any of the Arnab parking zones or docking stations in 24hrs, if the LEV moves over 30 (thirty) feet after You end the ride via Arnab app, if it cannot be recovered by Arnab, or any other facts of circumstances that suggests to Arnab in its reasonable, good faith determination that a LEV has been stolen or is lost. Arnab and You agree that the last Rider of the LEV shall be held responsible for a lost or stolen LEV unless facts and circumstances suggest otherwise to Arnab at its own desecration to the extent permissible under Applicable Law.
- If Arnab entitles a LEV as lost or stolen, Arnab has the authority to take any and all actions, in its own discretion, including without limitation, obtaining reinstitution and other appropriate compensation and damages (with respect to the last Rider of the LEV), and a police report may be filed against the Rider. You agree that the data generated by Arnab’s computer is evidence of the period of use of a LEV by You, in absence of a proven error.
- We recommend You to wear a helmet at all times during your use of any of Arnab’s services, LEV’s, or any other equipment. We recommend you to wear a helmet that is the best suited as per your size and fastened as per safety instructions.
- You agree that Arnab does not give or keep up spots to ride LEV’s, and that Arnab does not ensure that there will consistently be a sheltered spot to ride LEV’s. Streets, walkways, vehicle paths, and vehicle courses may be risky due to climate, traffic, or different perils outside of Arnab’s control. Arnab will not be obligated for any of the previous, without impediment. You are exclusively in charge of picking a capable and safe course. You should comply with every single Applicable Law consistently in picking a course, and it is Your sole duty to comply with the Applicable Laws in the spot wherein You are utilizing Arnab’s services and LEV’s.
- You agree that Arnab is not a common carrier. Elective methods for open and private transportation are accessible. Arnab LEV’s are offered as alternatives, and such rental accessibility is planned to be utilized uniquely by those people who are capable and qualified to work LEV’s and have consented to all terms and states of this Agreement.
- Arnab does its best to provide its services throughout the year, however does not ensure that Services will be accessible consistently, as unexpected occasions or different conditions may anticipate Arnab from providing the services. Access to the Services is likewise linked to the accessibility of LEV’s. Arnab does not guarantee the accessibility of any of the its services or the accessibility of any LEV whenever, regardless of whether the LEV is set apart as accessible on the Arnab mobile application. You agree that Arnab may have a genuine need to require You to end a Ride and park the LEV whenever. In the event that Arnab may require You to end a Ride, at that point the You shall do such and park the LEV appropriately.
- Subject to Your complete adherence with this Agreement, Arnab grants You a constrained, revocable, non-selective, non-transferable permit to access and utilize its services. This Agreement does exclude any resale or business utilization of the Services; any accumulation and utilization of any item postings, portrayals, or costs; any subordinate utilization of the Services or their substance; any downloading or duplicating of record data to support another dealer or for the business advantage to You; or any utilization of information mining, robots, treats, scratching or comparable information social occasion and extraction devices. Aside from as explicitly allowed thus, the Services as well as any part of the Services may not be imitated, sold, exchanged, visited or generally misused for any reason without Arnab’s express written consent. Any unapproved use consequently ends the authorizations and additional licenses conceded by us to you.
- All of the content on the Services and the Arnab App, including, without limitation, content, designs, photos, pictures, moving pictures, sound, and delineations (collectively, "Content"), is claimed by Arnab, its licensors, merchants, operators as well as its content suppliers. All components of the Services, including, without limitation, the general plan and the Content, are secured in terms of professional trade license, copyright, moral rights, trademark and different laws identifying with licensed innovation rights. The Services may just be utilized for the expected reason for which such Services are being made accessible. With the exception of as allowed by copyright law, You may not adjust any of the materials and You may not duplicate, disperse, transmit, show, perform, replicate, distribute, permit, make subsidiary works from, move or sell any data or work contained on the Services. Aside from as approved under the copyright laws, You are in charge of acquiring consent before reusing any copyrighted material that is accessible on the Services. You will consent to all relevant residential and worldwide laws, resolutions, statutes and guidelines in regards to Your utilization of the Services. The Services, its Content and every single related right will remain the selective property of Arnab or its licensors, merchants, operators, as well as its Content suppliers except if generally explicitly concurred. You shall not omit any copyright, trademark or other exclusive notification from material found on the Services.
- All trademarks, administration stamps and exchange names of Arnab and Arnab used herein (including without limitation: Arnab name, Arnab corporate logo, the Services name, the Services plan, and additionally any logos) (collectively, "Marks") are trademarks or enlisted trademarks of Arnab or its members, accomplices, merchants or licensors. You may not utilize, duplicate, replicate, republish, transfer, post, transmit, appropriate, or alter Arnab trademarks in any capacity, incorporating into publicizing or attention relating to circulation of materials on the Services, without Arnab’s prior written consent. You may not utilize Arnab’s name or any language, pictures or images which could, in Arnab’s discretion, infer Arnab’s support in any (I) composed or oral publicizing or introduction, or (ii) handout, bulletin, book, or other composed material of whatever nature, without prior written consent.
- You agree that You will have to create an account to be able to make use of Our Services. You will: (a) give genuine, exact, current and complete data about Yourself as incited by the Services' enrolment, sign-in, or membership page (such data being the "Registration Data") and update the Registration Data to keep it genuine, precise, current and complete. In the event that You give any data that is false, off base, not present or fragmented, or Arnab has sensible grounds to speculate that such data is false, erroneous, not present or deficient, Arnab has the option to suspend or end Your record and deny all present or future utilization of the Services (or any bit thereof). You are in charge of the security and classification of Your secret key and record. Besides, You are in charge of all activities that happen under Your record. You may not share Your record data or Your client name and secret key with any outsider or grant any outsider to logon to the Services utilizing Your record data. You consent to quickly inform Us of any unapproved utilization of Your record or some other rupture of security of which You become aware of. You are in charge of avoiding potential risk and giving safety efforts most appropriate to Your circumstance and expected utilization of the Services. We reserve the option to give client charging, record, Content or use records, and related data to outsiders in specific situations, (for example, to the degree important to perform and regulate this Agreement, to practice our rights and in light of lawful obligation, legal procedure, requests, or warrants, or to secure our rights, clients or business or, now and again, because of obligatory information imparting to governments or experts).
- Arnab may expect you to submit photographic or other proof that a Ride has completed and the LEV has been appropriately left. Such mentioned entries are alluded to as "User Submissions". Your User Submissions remain Your intellectual property, however, You explicitly grant Arnab a non-elite, interminable, unalterable, sovereignty free, completely paid-up, around the world, completely sub-licensable right and permit to utilize, imitate, change, adjust, distribute, decipher, make subordinate works from, circulate, transmit, perform and show such substance, in entire or to some degree, and in any structure all through the world.
- You agree to repay Us and hold Us innocuous concerning all costs, harms and costs (counting lawyer charges) endured by us because of Your posting of encroaching or unlawful Content on the Services or your misuse of the Services.
- From time to time, the Services may contain connections to sites that are not claimed, operated or constrained by Arnab. All such links are given exclusively as an accommodation to You on the off chance that You utilize these connections, You will leave the Services. Neither We nor any of our respective affiliates are in charge of any substance, materials or other data situated on or available from some other site, nor for the utilization of Your information by any such site. Neither We nor any of our subsidiaries support, assurance, or make any portrayals or guarantees with respect to some other sites, or any substance, materials or other data found or open from some other sites, or the outcomes that You may get from utilizing some other sites. On the off chance that You choose to get to some other sites connected to or from the Services, You do as such completely at Your very own risk.
- You represent that you are over 18 years of age, have the privilege and to go into this Agreement (counting, where You are younger than 21 that You have the consent of your parents or legal guardian), are completely capable and capable to fulfil the terms, conditions, and commitments in this, and Your utilization of the Services is and will be in consistence with every single Applicable Law, orders, guidelines, statutes and so forth. You represent that You have perused, comprehended, concur with, and will submit to the details of this Agreement. Furthermore, You represent to and warrant that Your User Submissions and all components thereof are, possessed or controlled exclusively and solely by You, You have earlier composed authorization from the legitimate proprietor of the substance incorporated into Your User Submissions, or You are generally lawfully qualified for granting Arnab the majority of the rights allowed herein, and Arnab’s utilization of Your User Submissions as portrayed or mulled over in this do not breach on the copyrights, trademark rights, exposure rights or different privileges of any individual or element, damage any Applicable Law, guideline or right of any benevolent at all, or generally offer ascent to any significant case or risk, including, without restriction, privileges of attention and protection, and slander. You will be exclusively in charge of Your own User Submissions and the outcomes of posting or distributing them.
- Neither Arnab nor You will be in charge of damages or for deferrals or disappointments in execution coming about because of acts or events past their sensible control, including without limitation: fire, lightning, blast, control flood, water, war, insurgency, riots, act of God or war: any law, request, guideline, statute, or prerequisite of any administration or lawful body or any delegate of any such government or legitimate body which is presented after the date of this Agreement and forbids execution, in entire or part, of this Agreement; or work distress, including, without limitation, strikes, slowdowns, picketing, or blacklists; failure to verify crude materials, transportation offices, fuel or vitality deficiencies, or acts or exclusions of common carriers.
- The Services may offer certain features that are accessible to You by means of Your wireless device/s. These highlights and administrations may incorporate the capacity to get to the Services' highlights and transfer substance to the Services, get messages (counting content and SMS messages) from the Services, and download applications to Your wireless device (collectively, "Wireless Features"). Standard informing, information, and different expenses might be charged by Your transporter to take an interest in Wireless Features. Expenses and charges may show on Your remote bill or be deducted from Your prepaid equalization. Your transporter may forbid or limit certain Wireless Features and certain Wireless Features might be incongruent with Your bearer or remote Device. You should look at with Your bearer to discover what plans are accessible and the amount they cost. You should contact Your bearer with inquiries in regards to these issues. You affirm that You are the present supporter as well as standard client of the portable number enlisted with the Services and approved to bring about any message or information charges that might be charged by Your transporter. You are carefully disallowed from enlisting a versatile number that isn't Your own. In the event that We find that any data gave is false or mistaken, We may hold, suspend or end Your entrance to the Services whenever. Your investment in the Services are totally wilful.
- You shall notify Arnab promptly of any break of security or unapproved utilization of Your cell phone. Despite the fact that Arnab won't be subject for Your losses brought about by any unapproved utilization of Your cell phone, You might be at risk for the losses of Arnab or others because of such unapproved use. The LEV’s may contain technology which empowers their area and additionally status to be observed. By utilizing the Services You agree to such information, as it might identify with Your rides, being gathered by Us and utilized by Us for any reason. You recognize that all rights in such information have a place with Us and irreversibly defer discharge, and release any rights and claims that You have or may have for any slander, criticism, attack of security, right of exposure, encroachment of copyright, or infringement of any privilege associated with such information.
- Arnab and You hold the right, post written notice, to terminate this Agreement promptly, without the need for a court order. Arnab shall be entitled to terminate this Agreement without prior notice or obtaining a court order, to suspend or terminate Your access to its services anytime and at its sole discretion. In particular if You fail to make timely payments that are due in Your name to Arnab and/or You breach any terms or conditions stated in this Agreement. On termination of this Agreement, Your access to Arnab’s services will terminate.
- Termination to this Agreement does not relieve Your obligation to pay for any services used earlier to termination nor does it relieve any other obligations, rights or liabilities either party may incur under the Agreement before the date of termination.
- You are made aware that telephone calls to or from Arnab may be monitored and recorded and You provide Your consent for the same.
- You verify that any contact information provided to Arnab, including without limitation, Your name, email address, and mobile telephone number is valid and in use by You. You agree to indemnify, defend, and hold Arnab harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to update Your contact information (including Your telephone number), Your voluntary provision of a telephone number that is not Your own, Your provision of any payment details which are not your own and/or from Your violation of any Applicable Laws.
- This Agreement contains the complete, final, and exclusive integrated agreement between the Parties with respect to its subject matter.
- At any time and from time to time, Arnab may amend, modify, or change this Agreement, in its sole discretion. Whenever Arnab proposes to change to this Agreement, We will notify the You and You will be given the opportunity to accept the new agreement. Further, Arnab will post a notification on the website. If You do not accept the terms of the new agreement then the existing agreement will terminate and You may no longer use the Arnab services. If Arnab amends, modifies or changes this Agreement whilst a ride is in progress and You do not accept the new agreement during the ride then the terms of the Agreement which prevailed at the start of the Ride shall remain in effect until the end of the ride.
Using Arnab is STRICTLY PROHIBITED for users below 18 years of age. Any use of the vehicle by a person below 18 years is and offence and will be reported to the authorities. We are not liable for any incidents that could result from underage (below 18 years old) riding.
RIDER ACCEPTANCE OF AGREEMENT
I certify that I have read and expressly agree to the terms and conditions, Disclaimers 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, am at least 18 years of age and have my parents’ or legal guardian’s permission to enter into this Agreement if under 21, will abide by all relevant Applicable Laws and am reasonably competent and physically fit to operate the Vehicle.