This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of E Scoot Rental Solution’s website.
1. DEFINITIONS
(a) “YOU/USER/BUYER” refers to persons registered with E scoot Rental Solutions on its website www.escootrentals.in and subscribe under the options of ‘Subscribed Purchases” or Trail Order, meaning as ascribed hereunder.
(b) “Product” refers to the items as listed on www.escootrentals.in and available for purchase from time to time.
(c) “Subscribed Purchases” refers to purchase of the Product by the User who has registered herself/himself on www.escootrentals.in for scheduled periodical purchases and delivery of the Products with confirmed orders.
(d) “SERVICES” refers to the services listed on www.escootrentals.in and other offerings by E Scoot Rental Solutions on the website from time to time.
2. ACCEPTANCE OF TERMS
Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies, which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with E scoot Rental Solutions and these terms and conditions including the policies constitute Your binding obligations, with E scoot Rental Solutions
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. E scoot Rental Solutions allows the User to surf the Website or making purchases without registering on the Website. The term “We”, “Us”, “Our” shall mean E scoot Rental Solutions
When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, testimonials etc), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by E scoot Rental Solutions Policies (including but not limited to Privacy Policy available at Privacy) as amended from time to time.
3. DESCRIPTION OF SERVICE, TERMS OF ORDER AND PRICING
(a) The description of the Service, the terms of service, delivery, pricing and payment mechanism shall be in accordance with Terms of Use. E scoot Rental Solutions may prospectively change the specified goods and services being offered, their respective pricing and the payment method from time to time. All changes and Amendments made shall be posted on Website, which shall be binding on You at all times.
(b) Notwithstanding anything to the contrary contained herein, in no event shall E scoot Rental Solutions, its partners, officials, representatives and employees shall be liable for any damages relating to the services / products provided offered through the Website. In the event of a material or fundamental breach by E scoot Rental Solutions of the terms hereof, E scoot Rental Solutions’s liability shall be up to and shall in no event exceed the MRP of the Product/s received by E scoot Rental Solutions from you. It is further clarified that any loss or damage beyond the amount of such service charge and vendor task fee, if any, shall be deemed as a clear waiver by You.
4. YOUR REGISTRATION OBLIGATIONS
(a) In consideration of your use of the Service, You represent and confirm that You are of legal age to enter into a binding contract and not barred from receiving the Services / Products under the laws of India. It is clarified that the Product & Services offered under the website www.escootrentals.in are available within the territories of India only and the offering of Product & Services within a geographical location or locations shall be at the sole discretion of the E scoot Rental Solutions.
(b) To avail a Service You have and must continue to maintain at your sole cost: (1) all the necessary equipments including a computer and modem etc. to access the Service; (2) own access to the World Wide Web. You are responsible for accessing the Service and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by You.
(c) You also understand that the Service as mentioned on the website may include certain communications from E scoot Rental Solutions or such as service announcements and administrative messages. You understand and agree that the Service is provided on “AS IS” basis and that neither E scoot Rental Solutions nor any of its affiliate or group companies assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.
If You are receiving emails from E scoot Rental Solutions or which You would rather not receive, please review the preferences specified on Website and make any desired changes. If upon updating Your preferences, You still receive such emails from E scoot Rental Solutions or that You would rather not receive, please report the matter to E scoot Rental Solutions and E scoot Rental Solutions would investigate the situation and take appropriate steps in this regard.
(d) You also agree to: (i) provide true, accurate and complete information about yourself and your authorised beneficiaries, who would be entitled to receive the Services / Products as prompted by the registration form (“Registration Data”) on Website; and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete or E scoot Rental Solutions has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, E scoot Rental Solutions has the right to suspend or terminate this Terms of Use and refuse any and all current or future use of any Service.
(e) Furthermore, You grant E scoot Rental Solutions the right to disclose to third parties certain Registration Data (to the extent necessary for the purpose of carrying out the Service) about yourself in the aggregate; however, such disclosures shall exclude your mailing address, email address, account and phone number, unless: (1) You expressly direct E scoot Rental Solutions, or any other person to disclose such information through the Service; or (2) In case E scoot Rental Solutions is required to disclose such information under any applicable law or legal process served on E scoot Rental Solutions, E scoot Rental Solutions shall notify You of such disclosure.
5. ELECTRONIC COMMUNICATIONS
When You visit Website or send emails to E scoot Rental Solutions, You agree and understand that You are communicating with E scoot Rental Solutions electronically and consent to receive communications from E scoot Rental Solutions electronically. E scoot Rental Solutions shall communicate with You through email or by posting notices on Website. You agree that all agreements, notices, disclosures and other communications that E scoot Rental Solutions provides to You electronically shall be sufficient and shall be binding between E scoot Rental Solutions and You as to the subject matter thereof.
6. PAYMENT
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
• Lack of authorization for any transaction/s, or
• Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
• Any payment issues arising out of the transaction, or
• Decline of transaction for any other reason/s
• All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
• Before shipping / delivering your order to you, E scoot Rental Solutions may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
• Your relationship with E scoot Rental Solutions is on a principal to principal basis and by accepting these Terms of Use you agree that E scoot Rental Solutions is an independent contractor for all purposes.
• You understand, accept and agree that the payment facility provided by E scoot Rental Solutions is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the E scoot Rental Solutions Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, E scoot Rental Solutions is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
6A Payment Facility for Buyers:
• You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the E scoot Rental Solutions to purchase the Product/s using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the E scoot Rental Solutions using Payment Facility.
• You, as a Buyer, shall electronically notify Payment Facility using the appropriate E scoot Rental Solutions Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction.
• You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
• You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.
• Refund shall be subject to the Cancellation & Refund Policy of the E scoot Rental Solutions.
• E scoot Rental Solutions reserves the right to impose limits on the number of Transactions or Transaction Price, which E scoot Rental Solutions may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
• E scoot Rental Solutions reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with E scoot Rental Solutions or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
• E scoot Rental Solutions may do such checks as it deems fit before approving the receipt of Buyers. As a result of such check if E scoot Rental Solutions is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, E scoot Rental Solutions shall have the right to reject the receipt of User commitment to pay Transaction Price.
• E scoot Rental Solutions may delay notifying the payment confirmation, if E scoot Rental Solutions deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, E scoot Rental Solutions may hold Transaction Price and E scoot Rental Solutions may not Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
• The Buyer acknowledge that E scoot Rental Solutions shall not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of E scoot Rental Solutions.
6B Compliance with Laws:
• As required by applicable law, if the User makes a purchase of an amount equal to or above INR 200,000/- (Two Lacs), the User will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the User will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the User, it need not be submitted again. The order of the User shall stand cancelled if there is a discrepancy between the name of the User and the name on the PAN Card.
• Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and E scoot Rental Solutions Website.
6C Buyer’s arrangement with Issuing Bank:
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
7. E SCOOT RENTAL SOLUTIONS’S PRIVACY POLICY
(a) Registration details and certain other information about You are subject to E scoot Rental Solutions’s privacy policy posted on Website.
(b) E scoot Rental Solutions is committed to protect your privacy. Therefore, in addition to the privacy of the Registration Data, E scoot Rental Solutions shall not monitor, edit, or disclose the contents of you private communications with E scoot Rental Solutions unless required to do so under applicable law or in the good faith belief that such an action is necessary to: (1) comply with applicable legal, regulatory, or administrative requirements including to conform to applicable law or comply with any legal process served on E scoot Rental Solutions; (2) protect and defend this Terms of Use or any property of E scoot Rental Solutions; or (3) take necessary action to protect your personal safety.
(c) You acknowledge and agree that E scoot Rental Solutions neither endorses the contents of any of your communications nor assumes responsibility whatsoever for any agreement arising there from or any crime facilitated thereby or any crime constituted thereby.
(d) You specifically acknowledge and agree that under applicable law any communication by You containing any threatening, libellous, obscene, harassing or offensive material and/or any infringement of third party intellectual property rights, may be punishable and considered offences and you shall solely remain liable for such offences. Further, you undertake to defend, indemnify and hold E scoot Rental Solutions harmless from and against all claims, losses, costs, liabilities, damages or deficiencies resulting from the same.
For more information see the text of E scoot Rental Solutions’s privacy policy at Website.
8. YOUR ACCOUNT, PASSWORD AND SECURITY
(a) Upon completion of the registration process, You shall receive an user id and password. You shall at all times be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur under your password or user id.
(b) You shall immediately notify E scoot Rental Solutions of any unauthorized use of your password or user id and to ensure that You log off at the end of each session. E scoot Rental Solutions shall not be responsible for any, direct or indirect, loss or damage arising out of your failure to comply with this requirement.
9. BREACH
E scoot Rental Solutions may at any time at its sole discretion reinstate or suspend the User. Once You have been indefinitely suspended You may not register or attempt to register with E scoot Rental Solutions or use Website in any manner whatsoever until such time that You are reinstated by E scoot Rental Solutions. Notwithstanding the foregoing, if You breach this Terms of Use, the Privacy Policy, Disclaimer Policy and Cancellation & Refund Policy or the documents it incorporates by reference, E scoot Rental Solutions reserves the right to recover any amounts due and owing by You to E scoot Rental Solutions and to take strict legal action as E scoot Rental Solutions deems necessary.
10. DISCLAIMER OF WARRANTIES
In addition to the specific disclaimers as may be contained with respect to any service proposed to be availed by you, You expressly understand and agree that:
(a) Your use of the service is at your sole risk. The Services / Products are provided on an “as is” and “as available” basis. E scoot Rental Solutions expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) E scoot Rental Solutions makes no warranty that (i) the services / products shall meet your requirements, (ii) the services / products shall be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services / products shall be accurate or reliable, and (iv) the quality of any products, services / products, information, or other material purchased or obtained by you through the services / products shall meet your expectations.
(c) any material downloaded or otherwise obtained through the use of the services / products is done at your own discretion and risk and that you shall be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) no advice or information, whether oral or written, obtained by you from E scoot Rental Solutions or from the services / products shall create any warranty not expressly stated.
(e) E scoot Rental Solutions shall not be liable for any delay in providing services / products by the third party service providers for any reason or unforeseen circumstances whatsoever including (but not limited to) floods, fire, wars, emergency, terrorism, insurgency, riots, communal tensions, blockades, strikes, lock outs, acts of god or any other events not within the reasonable control of E scoot Rental Solutions.
11. LIMITATION OF LIABILITY
You expressly agree and understand that in the event of a material or fundamental breach by E scoot Rental Solutions of the terms hereof, E scoot Rental Solutions’s liability shall be up to and shall in no event exceed the Service Fee, Product Price, task fee, if any, received by E scoot Rental Solutions from you. It is further clarified that any loss or damage beyond the MRP and vendor task fee, if any, shall be deemed as a clear waiver by you.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
12. YOUR CONDUCT
(a) You are and shall remain solely responsible for the tasks, requests and contents of your transmissions through the services / products. your use of the services / products is subject to all applicable local, state, national and international laws rules and regulations.
(b) You agree to comply with any applicable law(s) regarding the transmission of data exported from your country through the Services / Products and not to use the Services / Products for illegal purposes.
(c) You agree not to use Website or the Services / Products to:
(i) impersonate any person or entity or falsely misrepresent your affiliation with a person or entity;
(ii) upload, mail, post or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary or similar rights;
(iii) upload, mail, post or otherwise make available any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or computer file or programme designed to interrupt, destroy or limit the functionality of any computer hardware or software or any other equipment;
(iv) interfere with or disrupt the Services / Products or server or networks connected to the Services / Products, or fail to follow any requirement, policy or regulation of networks connected to the Services / Products; and
(v) collect, store or transmit personal data about other registered Users in connection with the prohibited conduct and activities under the applicable laws.
(vi) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated as a terrorist organization;
(d) E scoot Rental Solutions may, at its own discretion, without any notice to You, terminate the Services / Products should your conduct/action fail to conform to the terms and conditions contained in this Terms of Use.
(e) In recognition of the global nature of Internet, You agree to comply with all local rules regarding online conduct and acceptable Content. You specifically agree to comply with all applicable laws regarding the transmission of technical data exported from your country of residence or the country from which You make any communication in any manner whatsoever to E scoot Rental Solutions.
13. INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS E SCOOT RENTAL SOLUTIONS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, OTHER PARTNERS, EMPLOYEES FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF A SERVICE, THE VIOLATION OF THIS TERMS OF USE OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER USER.
14. NO RESALE OR COMMERCIAL USE OF PRODUCT
You agree and undertake not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service.
15. TERMINATION OF TERMS OF USE AND SERVICES / PRODUCTS
(a) Either You Or E scoot Rental Solutions may terminate this Terms of Use and a Service with or without cause at any time to be effective immediately.
(b) You agree that E scoot Rental Solutions may under certain circumstances and without prior notice, immediately terminate your user id and access to the Services / Products . Causes for termination may include, but shall not be limited to, breach by You or E scoot Rental Solutions of this Terms of Use, requests by enforcement or government agencies etc.
(c) This Terms of Use may be terminated by either You or E scoot Rental Solutions through a written notice to the other. E scoot Rental Solutions shall not be liable to You or any third party for termination of any Service. Should You object to any terms and conditions of this Terms of Use or any Amendments thereto or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Service; (2) terminate this Terms of Use; and (3) notify E scoot Rental Solutions of such termination.
Upon termination of the Services / Products, your right to use the Service and software shall immediately cease. You shall have no right and E scoot Rental Solutions shall have no obligation thereafter to execute any of your uncompleted tasks or forward any unread or unsent messages to You or any third party. Once the Terms of Use or the Service is terminated, cancelled or suspended, any data You have stored relating to the Service may not be retrieved later.
16. NOTICES
All notices and communications shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
(a) if to E scoot Rental Solutions, at info@escootrentals.in or at the address posted on Website.
(b) if USER, at the communication and/or email address specified in the registration form
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, (as the case may be) unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the e-mail address is invalid.
17. E SCOOT RENTAL SOLUTIONS’S PROPRIETARY RIGHTS
You agree and acknowledge that the Services / Products and any software used in connection with the Services / Products, content including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or e-mail-distributed, commercially produced information presented to You through the Services / Products (“Content”) on Website or by advertisers on Website, is protected by copyright agreement, trademarks, service marks, patents or other proprietary rights, agreements and applicable laws. Except as expressly authorized by E scoot Rental Solutions or the advertiser, You agree not to modify, copy, reproduce, sell, distribute, or create derivative works based on the Services / Products, the Content or the software, in whole or in part.
18. AGENCY
YOU AGREE THAT NONE OF THE PROVISIONS OF THIS TERMS OF USE SHALL BE DEEMED TO CONSTITUTE AN AGENCY BETWEEN YOU AND E SCOOT RENTAL SOLUTIONS. YOU SHALL NOT HAVE THE AUTHORITY TO BIND E SCOOT RENTAL SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARENT AND/OR SUBSIDIARIES IN ANY MANNER WHATSOEVER.
19. ARBITRATION
Any dispute, controversy, claims and /or discrepancies arising out of or concerned with this Terms of Use shall be referred for adjudication to a Sole Arbitrator to be appointed mutually by both the parties. The Sole Arbitrator shall follow the procedure as provided under the (Indian) Arbitration & Conciliation Act, 1996 as amended from time to time and the award by the Sole Arbitrator shall be final & binding upon both the parties. The seat of Sole Arbitrator shall be at New Delhi, India, and all proceedings shall be conducted in English.
20. GOVERNING LAW
(a) This Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of law principles.
(b) Subject to the Arbitration Clause above, the Courts of competent jurisdiction at Lucknow, Uttar Pradesh, India only shall have exclusive jurisdiction over the subject matter.
(c) If any provisions(s) of this Terms of Use is held by a court of competent jurisdiction to be contrary to applicable law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
(d) E scoot Rental Solutions’s failure to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by E scoot Rental Solutions in writing.
(e) The section titles in this Terms of Use are solely used for the convenience of the parties and shall not be taken into account for the purposes of interpretation or construction.
(f) If any term or provision of this Terms of Use or the application to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Terms of Use, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be, held invalid.