Esteemed user Namaskaar,
We are proud to present ele2.
It’s not a motor vehicle, but a companion – your friend in need. Sharing is in its DNA. It will try to be available for you as and when you want. It’ll not ask you the occasion, but it will run for you and at your service till its maximum capacity. You can take ele2 for any occasion – to go to your office, to go to your home from office, to go to a railway (or bus) station and vice versa, to drop your spouse at office, or to drop your parent or to bring your parent, to drop your child at its school or vice versa…. on numerous occasions ele2 will be your essential companion.
Thus ele2 also needs to be taken care of. The following terms and conditions are to be read and accepted in order to keep ele2 in good health to run to its maximum capacity.
General terms and conditions
In this terms and conditions Ele2 will be referred as ‘Ele2’, ‘we’, ‘us’ and/or ‘our’. Renter/Customer will be referred as you and/or your.
BY USING SERVICE OF THIS WEBSITE AND/OR OUR VEHICLES ON RENT, THE RENTER/YOU ARE AGREEING TO TERMS AND CONDITIONS MENTIONED ON THIS WEBSITE and the ele2 app.
1. Age: Renter must be 18 years of age or older.
2. License: Renter must possess a valid driving license issued under Motor Vehicles Act of India for two wheelers and/or above. The learning licence isn’t allowed. For foreign nationals – their valid visa and copy of passport along with international driving permit is mandatory. The foreign national must also carry original passport seeking ele2 vehicle.
3. Helmet: It is necessary to wear helmet as per local laws. Helmet will be given with the ele2 vehicle. If needed extra for the pillion, ele2 will be charging it extra from the Renter. The helmet/s given to the renter must be returned after completion of ride. However, the renter can also buy a new ele2 helmet at a discounted price.
4. Documents Required: One original photo identity proof (Passport, Aadhar Card, Voter Id – This original identity proof will have to be submitted to us for verification of true copy), Local Address Proof, Permanent Address Proof, Copy of Valid driving licence and Employee id or visiting card if any.
If not an Indian citizen, Renter must have a valid international driver’s license, issued in home country + International driving Permit + Passport + Visa.
5. Deposit: ₹ 500 security deposit in ele2 wallet. The exact amount depends upon the Subscription or Pay Per Go (PPG) plan chosen. This deposit is refundable in 07 working days from the date of request and is subject to deduction of dues, if any. For refund request the renter can send an email to this effect on [email protected] In this regard the refund will be reverted back to the account from which the deposit was initially paid.
6. Wallet points : The wallet points earned through referral can be used for ele2 rides. These points can be equated with minutes. For example – if a Renter’s security deposit is not below ₹ 500 then he can be eligible for purchasing PPG packages. If a renter has 40 wallet points earned 40 points then that renter can redeem 30 points for PPG30 package.
6. Fuel: All ele2 vehicles are BOVs (Battery Operated Vehicles) and thus come pre-charged. In case of premature discharge of battery, ele2 NOC (Network Operation Center) will arrange to replace it with a charged one and the renter/customer will not have to pay anything for such a swap of batteries.
8. Maximum speed limit: All ele2 vehicles abide law of the land and thus limited to a maximum speed of 25kmph.
9. Taxes: All applicable taxes, if any, has to be paid by renter/customer.
10. Jurisdiction: All our services such as Rental of our vehicle, Usage of our website for reservation are subject to jurisdiction of the District Court Thane Maharashtra and the Bombay High Court only.
(A) Renter’s Responsibility to Rent Ele2 vehicle.
If a renter/customer is violating the law or terms and conditions for example by over-speeding of Ele2 vehicle or driving drunk, the renter/customer will be responsible for all damages, liability, and fines and could also face due legal action.
In case of accident or vehicle failure due to improper driving, the Renter is bound to pay for all repairing charges plus rent of vehicle on per day basis till the time vehicle remains in service center. We will charge them lump-sum amount and then recover / refund balance amount from/to renter latter on.
In addition, Ele2 may utilize third parties to collect amounts owed to Ele2 by a renter/customer.
(B) Collection and Use of Personal Information
Furnishing personal information to us, personal or other, is entirely voluntary on your part.
Other personal information that we collect includes the following:
Driver and Vehicle Information: As a renter of our vehicle, you authorize us to access your record, vehicle history report from all applicable entities and authorities. This authorization continues for as long as you are using our services or confirmed to use our services in future.
Moreover, you authorize all DMVs, RMVs, auto mechanics and all other entities and interested parties to release information to us regarding your driving record and vehicle history.
You have the right to request that Ele2 to discontinue use of your personal information. To withdraw your consent to our collection and processing of your information at any time, you may do so by simply email us.
(C) Information Security:
We take precautions including administrative, technical, and physical measures to safeguard your personal information against loss, misuse or theft, as well as against destruction, alteration, disclosure and unauthorized access. However, no security system can be completely secure. Accordingly, we cannot guarantee the complete security of your Personal Information. Please exercise caution when determining what Personal Information, you disclose.
(D) ELIGIBILITY POLICY
1. No Drink and Drive
Renter must have had no alcohol or drug related driving violations in the past seven years.
In the event of any conflict between this Agreement and any other document with respect to Ele2’s online reservation program, these Terms and Conditions shall govern except otherwise set forth from Ele2 in writing.
2. Persons Permitted to Drive Ele2 vehicles
Only renter who has registered with us while taking vehicle is eligible to ride Ele2 vehicles. Relative or known persons of renter are expressly prohibited from driving the Ele2 vehicle (which the Renter has taken) at any time. If renter gives vehicle to other person which is not registered with us then renter will be responsible for vehicle’s loss/damage if any. Renter though not driving vehicle may face legal action in case of accident caused by the driver other than renter.
3. Acceptance of the applicant to give vehicle on rent is subject to approval by Ele2 at its sole discretion. Should any renter’s driving license expired or be revoked, authorization to drive Ele2 vehicles shall expire immediately. Ele2 shall be notified of such revocation by the renter forthwith upon such revocation.
4. Authority to check record: By getting our services of vehicle on rent, each applicant authorizes Ele2 to obtain his/her driving records from the jurisdiction in which the applicant is licensed. Because renting and driving Ele2 vehicle requires maintaining a good driving record, Ele2 may periodically check renter’s driving records and reserves the right, at its sole discretion, to suspend or terminate the current/future services to any renter who does not meet Ele2’s driving eligibility requirements. In such a suspension/termination no refund will be solicited to the renter.
5. Renter agrees to promptly report to Ele2 any suspension or revocation of his/her driving license, or any challans/citations/conviction related to any violation including but not limited to driving under the influence of drugs or alcohol, driving while intoxicated, reckless driving, exceeding the speed limit or any other violation.
6. Renters are responsible for providing and maintaining current email, cellphone, address, and other account information. We do not ask for any password for any information and thus renters are hereby alerted not to share password to anyone.
(E) Prohibited Uses
Unless explicit authorisation from ele2, the usage of any Ele2 vehicles under the following conditions is prohibited:
I. any speed race or competition.
II. for the purpose of towing, pushing, or propelling any other vehicle.
III. for the primary business purpose of transporting people on payment or operating a taxi service.
IV. By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended.
V. A zero-tolerance policy is adopted and a limit of 0.0% applies in the carrying out of any crime or any other illegal activity.
VI. A zero-tolerance policy is adopted and a limit of 0.0% applies in an imprudent, negligent, or abusive manner or for any abnormal use of this vehicle.
VII. By any person who has provided Ele2 with false information or whose representations are determined to be false (including, without limitation, regarding his name, age, or address.
VIII. Driving Ele2 vehicle outside of India or any prohibited areas within India.
IX. Driving Ele2 vehicle while using a mobile phone or any other mobile communication device in any manner whatsoever, including while sending an SMS, emailing, using a cell phone with or without a hands-free device, otherwise using a mobile communication device that may distract you from driving a vehicle or otherwise engaging in similar activities that may be prohibited by applicable laws of India.
X. Using the Ele2 vehicle to transport flammable, poisonous, or otherwise hazardous substances for other than legally permissible household use or in amounts greater than what is usually consumed in a household.
XI. Transporting objects with the Ele2 vehicle that could due to their size, shape, or weight adversely impact the vehicle’s handling safety or that could damage the interior of the Ele2 vehicle or, by virtue of such object/s protruding outside, affect the safety of vehicles driving in the vicinity of the Ele2 Vehicles.
XII. Transporting more passengers than legally allowed on the Ele2 vehicles.
XIII. Driving without helmet.
XIV. More than one pillion.
The foregoing examples are not intended to be exhaustive. Any unreasonable or inappropriate use of the Ele2 vehicle as determined by Ele2 in its sole discretion, may be deemed a violation of these Terms and Conditions. Ele2 may report to the authorities any use of the Ele2 vehicles or other activities that are in violation of local, state, and/or national law or in violation of these Terms and Conditions.
Ele2 may immediately suspend or terminate the use of its service by any renter for a violation of any of these Rules. Upon suspension or termination, any existing reservations for the renter may be cancelled by Ele2 at its sole discretion. In addition, renters will be responsible for any and all costs, charges, fees and expenses incurred by Ele2 as a result of a breach of any of these Terms and Conditions.
(F) Vehicle Pick-Up and Return/Vehicle Condition/Stolen Vehicle.
You must pick up the selected Vehicle at its designated Ele2 parking space (ele2 HUB) and return it secured, clean, and in good working order, to the correct and designated Ele2 space (ele2 HUB) by no later than the end time of your reservation.
Prior to taking possession of ele2 vehicle you must do a walk-around. Before driving the vehicle, you must advise Ele2 HUB Attendant of any damage or abnormality encountered on the vehicle or in the operation of the vehicle. If Ele2 HUB Attendant is not notified of a problem at the start of a reservation, you will be deemed to be responsible for any problem with the vehicle discovered or reported after your reservation, including, without limitation, damage to the vehicle or lack of cleanliness. You may be charged a damage fee, a cleaning fee, or other applicable fees, and Ele2 may suspend, or may even terminate your membership.
You must return the vehicle’s key, key fob or other starting device, driving accessories etc to Ele2 personnel at the conclusion of your ride. If you fail to do so and this causes inconvenience to another renter, you will be charged the hourly rate for the vehicle until the key/key fob/starting device/parking pass/toll payment pass is returned and you will remain responsible for the vehicle during such period. You may also be charged a fee at Ele2’s sole discretion to replace any of the items missing from the vehicle.
Trip is concluded when Ele2 renter returns the vehicle and pays the due amount.
Renters are responsible for all charges and costs incurred related to the Ele2 vehicle for the entire period of the reservation and until the vehicle is returned, secured, locked and serviceable (all accessories returned, key out of ignition and in proper place, and other accessories in the vehicle) to its designated location. Ele2 vehicles must be returned no later than the end time of the reservation. Should a vehicle be returned late, the reserving renter will be responsible for late fees as described in the Fee Policy.
Renters are required to report to Ele2 immediately any condition that impairs the driving functionality of the vehicle, such as poor driving feel or external or internal damage that renders the vehicle unsafe, including but not limited to, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors.
Stolen vehicles must be immediately reported to Ele2 and at the nearest police station with a detailed written complaint based on actual facts. Renter shall ensure that such complaint shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claim by Ele2. The renter will be liable for any loss due to a discrepant, inconsistent or distorted complaint by the renter.
Always follow traffic rules while driving Ele2 vehicle.
Always wear helmet while driving Ele2 vehicle.
Always park Ele2 vehicle, bike and at safe location.
Ensure Ele2 vehicle is locked and secured properly when parked or not in use.
(H) Securing Ele2 vehicles.
Each time the renter parks Ele2 vehicle (either at the end of the reservation or during), the renter is responsible for securing the vehicle.
Ele2 encourages all its customers to take full responsibility of their belongings. In case of any renter claims to have left back any luggage or any phones or personal music devices inadvertently in the Ele2 vehicle after the renter completes his/her reservation, Ele2 shall endeavour to locate the lost belongings on a “best-effort” basis provided the renter notifies Ele2 of the same within reasonable time, but Ele2 shall not be held responsible for such loss or damage.
Ele2 will perform all necessary and required routine maintenance on all of its vehicles. However, renters are responsible for the cleanliness of vehicles and are expected to assist in helping Ele2 to maintain the driving safety and performance of the vehicle, in particular during longer reservations or when the vehicle indicates that service or maintenance is required.
Vehicles may require Roadside Assistance from time to time. Ele2 makes reasonable best efforts to provide Roadside Assistance support in all cases. If, however, a renter’s need for Roadside Assistance results from a breach of these Terms and Conditions, the renter may be charged for the full costs of the service. Inappropriate noises or driving feel, including but not limited to warning lamps, indicators, inappropriate sounds or smells, or performance changes must be reported to Ele2 as soon as noted. Failure to report such irregularities during the use of Ele2 vehicle may result in such renter’s immediate suspension or termination of the renter’s Contract.
(J) Breakdown or Incidents
All breakdowns or incidents involving Ele2 vehicles (and as mentioned in Clause I) must be reported to Ele2 immediately by phone on …….. .
Breakdown and Roadside Assistance. When using a vehicle, you must follow the owner’s manual instructions. If a problem arises that prevents or limits the use of the vehicle or that may compromise people’s safety, renters must immediately notify Ele2 and follow Ele2’s instructions. Renters will have to pay for towing, repairs, and other expenses in cases of accidental circumstances.
Incident. In case of an incident involving property damage or any third party, the renter must immediately inform Ele2 and fill out an official police report form, and, if possible, provide a jointly agreed-upon statement, complete Ele2 s incident report form, and obtain the following information: Date, time, and place of incident. The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate’s number (with name, address and phone number of the insurance agent) The names, addresses, and driver’s license numbers of the persons involved in the incident. The name, address, and driver’s license number of the owner of the vehicle (if he or she is not the driver). The name, addresses, and phone number of witnesses, passengers, and any other involved persons.
Circumstances of the incident describing immediate surrounding environment and vehicle position prior to the incident. A police report is required regardless of liability or fault. renters shall specify in their detailed written complaint to the police the actual facts only. Renters shall ensure that such complaint shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claim by Ele2. Any loss occasioned to Ele2 due to a discrepant, inconsistent or distorted complaint by a renter shall be to the account of such renter.
Investigation and procedure. renters must provide to Ele2 and any other claims adjustment service with the findings of any report or any notice relating to a claim or a lawsuit against Ele2 regarding any incident involving Ele2 vehicle. Renters agree to cooperate fully with Ele2 in the investigation and defense of any such claim or lawsuit.
A renter’s contract/subscription/membership with Ele2 will be suspended until the investigation has been concluded.
The renter shall be responsible for the costs related to the repair, recovery, and loss of use of any Ele2 vehicle resulting from any of the foregoing, up to the current Damage Fee as set forth in the Fee Policy / Rate Schedule (if such costs are determined to be the fault of the renter or fault is not established to any other person or entity, or where any cost is not paid / reimbursed by the insurer of Ele2 vehicles or the insurer of the other vehicle involved in the accident). Please note that a renter will be responsible for all applicable damages and costs arising from the renter’s failure to comply with the terms of the Agreement.
(K) Traffic Violations
Renters are responsible for any traffic violations incurred due to renter’s use of Ele2 vehicle. This includes, but is not limited to:
parking, speeding, breaking red light, photo enforcement, and toll violations.
You are liable for all costs from any such violation, including fines for late payment and any processing fees added by the issuing municipality. You are liable for payment of all tolls and any fines for toll evasion. You must report such violations to the Ele2 Representative as soon as possible within the prescribed deadline for the violation (for example, if the case is being taken to court). Ele2 will notify the renter immediately by e-mail after it learns of any such violation and renter shall forthwith pay the relevant fine/s to the authority concerned and provide Ele2 with the proof of such payment. However, where renter has personal knowledge of such violations, Ele2 will not be obligated to provide renter with the notification as above, but renter s obligation to pay the relevant fine/s and notifying Ele2 of such compliance will continue as aforementioned.
You must notify Ele2 of any traffic violation notices found on a vehicle at the time of vehicle pick up. All unreported traffic violations will be the responsibility of a renter if they occur during the time period during which such renter is responsible for the Ele2 vehicle.
You must not leave a vehicle in a zone which has parking restrictions. If you leave the vehicle in such a restricted zone, you must immediately notify Ele2, and you will be responsible for any and all violation notices or towing charges incurred by Ele2. Additionally, financial penalties will be levied against you for any inconvenience caused to other Ele2 renters if the vehicle is unavailable for their reservation because of such parking violations as set out in the Fee Policy.
(L) In case of dispute
The courts of Thane District of Maharashtra, shall alone have the sole and exclusive jurisdiction in respect of any matters which may be instituted before any court of law, arising in respect of any disputes between Ele2 and the renter arising from the use of the services offered by Ele2.
Renter agrees to pay Ele2’s attorney’s fees and costs in any legal proceeding relating to this Agreement, including appeals.
Renter must not aid or encourage the filing of any third-party claim or lawsuit against Ele2, and renter must cooperate fully with Ele2 and Ele2’s insurer in the investigation and defense of any claim or lawsuit. In any proceeding involving the renter and Ele2 as co-defendants should Ele2 determine in its sole discretion that the renter s independent attorney has not aligned his defense similar to that of Ele2, Ele2 shall be entitled to call upon the renter to change his attorney to one advised by Ele2 and the renter shall accordingly change his attorney at his own cost.
Renter must immediately notify and deliver to Ele2 every summons, complaint, document, or notice of any kind received by renter in any way relating to an accident, theft, or other circumstances related to the Ele2 vehicles.
(M) Severability and Integrated Agreement
If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. The Parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision. This Agreement, together with the User Guide, Trip Process, renter application, Fee Policy / Rate Schedule, and any applicable consent forms, along with any amendments hereto, encompasses the entire agreement between renter and Ele2, and supersedes all previous understandings and agreements between renter and Ele2. Renter acknowledges and represents that he or she has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement.
(N) No Waiver
No term contained in this Agreement may be changed or waived, except in writing signed by an expressly authorized representative of Ele2. No waiver of default by either party under any of the Terms or Conditions of this Agreement shall be construed as a waiver of any prior or subsequent default of any of the Terms or Conditions of this Agreement.
(O) Assignment or Transfer
The rights granted to the renter under this Agreement are not assignable or transferable, in whole or part. Any attempt to transfer this Agreement without the written consent of Ele2 shall be void and of no force and effect. Ele2 may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction.
(P) No Agency
renter will never be deemed to be Ele2’s agent, servant, or employee in any manner for any purpose whatsoever.
With all fees mentioned above, Ele2 reserves the right to prohibit a renter \from making a subsequent reservation until all outstanding fees in the renter’s account have been paid in full. In the event a fee is incurred, renters will receive an email invoice from Ele2 that will have detailed payment instructions.
Collision or other Incident:
If renter is involved in an incident (including but not limited to a collision or misuse of the vehicle) renter will be responsible for all damages caused. The renter will be obligated to pay the repair cost and Ele2 will send the renter a repair invoice. The payment owed will be deducted from the security deposit. Should the security deposit not cover the payment (in the case the renter has accrued late return, damages more than security amount, etc charges) the balance of the payment owed will be made electronically by the renter. Renter will be responsible for all towing and impounding charges associated with a collision. Renter will be responsible for all towing and impounding charges caused by renter failure.
Renter will be responsible for all applicable damages and costs, including those in excess of the applicable Damage Fee, arising from the renter’s failure to comply with the terms of the Agreement and/or a violation of the law.
Renters are responsible for paying all tolls at the time they are due.
(R) Violations and penalties
Returning vehicle late Full hourly rental rate for the bike per hour will be charged as late fee.
Traffic and parking violations for rented bikes Pay violation fine PLUS ₹500 per 30 days late in payment
eBike Key not returned at end of reservation ₹200 PLUS replacement cost and ₹500 if key not returned in 3 days
Vehicle Damage Full repair cost will be recovered from renter Towing and impounding of bikes Full costs if caused by renter failure.
By taking vehicle on rent from Ele2, the renter agrees to pay Ele2 the costs, charges, fees and expenses set out in the Agreement, including specifically and without limitation those set forth in this schedule. The following is not exhaustive and other specific fees, costs and charges may apply. Other applicable costs will be communicated to the renter. Capitalized terms used in this schedule shall have the same meaning assigned to such terms in the Agreement.
(S) Authority to change terms and conditions.
Ele2 reserves the right to change the terms of this Policy from time to time and shall give notice of such changes to the renter in a timely manner. Notice to the renters shall be considered given when such notice is indicated and accessible from the home page of the Ele2 website, or by email to the renter’s email address provided to Ele2 in the renter’s application or most recently provided to Ele2. renter agrees that the amended terms and conditions of this Agreement shall be effective and binding the earlier of (1) the effective date indicated in such notice; or (2) on the date posted on Ele2’s website.
(T) Allowed time for rented bike – All Ele2 vehicles come with stipulated minutes in the active package which has been purchased by the renter.
There are no charges if you cancel more than 24 hours before booking start time.
A charge of 25% of bike booking fee is applicable if cancelled within 24 hours of the booking or rental start time, with a maximum cancellation charge of ₹200.
If cancelled post start then full hourly billed rental rate will be charged for expired hours (hours between booking start time up to current hour subject to minimum 6 hours billed hourly rate). 75% of billed hourly rate will be refunded as cancellation refund for future hours (hours between current time to booking end time ).
Ele2 customers will pay for all traffic and parking charges and fines (including fines for not paying tolls). If not paid then charge for these fines will be posted to the renter’s account. Late payment of these fines will be charged an additional fee ₹ 500 per 30 days or fraction thereof.
Renters must report and turn-over all traffic and parking violations/receipts to Ele2’s vehicle attendants immediately following their rental reservation. Ele2 will subsequently mail a hard copy of the violation/receipt to the renter and payment will be according to the guidance provided above. Over-speeding renter will be automatically expelled from Ele2’s service if they are involved in rash driving, motor racing or any type of stunts during vehicle rental period. This fine is contractually imposed upon you and is in addition to any statutory fine that may be, or may have been, separately imposed upon by you.
(V) MEMBERSHIP PLANS : MotoSurgeon is committed towards encouraging more and more people to contribute their participation towards better environment for the future of mankind. Ele2 vehicles are 100% pollution-free and thus more and more usage of Ele2 will help the humanity in seeking better environment. As a part of such encouragement, we may introduce certain Membership Plans. For example – Annual Plan, Quarterly Plan etc. Subscribers to these plans will be called as Members. The usage of ele2 is subject to availability of the vehicle at the desired time and place of the Member.
(W) OFFERS AND PROMOTIONS
In view of such encouragement activities as mentioned in (V), we may also introduce many discount programmes for its Renters. These discount programmes are third party programmes and thus Ele2 doesn’t guarantee about any change in the offers and also does not take any responsibility/liability towards any undeliverable by these third-party offerors.
By clicking I Accept and/or Yes and/or I Agree in the Ele2 mobile app and also in the website of Ele2 (if so asked), it will be legally considered as the Renter has carefully read the above terms and Conditions and have understood it in its letter & spirit and thus accepted/agreed to the terms and conditions.
Created on 01022020. Revised Version 1.1 Date 05032020.