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1.1 This Member Agreement is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder as amended from time to time. This Member Agreement is an eletrronic contract and does not require any physical, electronic or digital signature.1.2 This Member Agreement located at the website Home - Rent a Scooter in Bangalore & Hyderabad|VOGO SCOOTER RENTALS and mobile application titled ‘VOGO’ (“ Platform ”) is a legally binding agreement between Vogo Automotive Private Limited, having our registered office at No. 9/21, Chakarapani Road Extension, Maduvinkarai, Guindy, Chennai – 600032 and our corporate offices at No. 703, 2nd Floor, Kavi Crest, Bhive Workspace, 22nd Cross, 22nd Main, Sector 2, HSR Layout, Bangalore, 560102 (“Vogo” / the “Company” or “we” or “us” or “our”) and the guest users or registered users of the Platform (shall hereinafter be referred to as “Member” or “you” or “your” or “yourself” or the “User”).1.3 The Member Agreement provides the terms and conditions on which Vogo offers you the access to the Platform for use, purchase of any product or services therein and such other services as are incidental and ancillary thereto (“ Services ”).1.4 The Member Agreement, Privacy Policy, Fee Policy and any other applicable polices (the “ Policies ”), as updated from time to time, govern your access and use of our Platform and Services. This Member Agreement and the Policies are legally binding documents between the Member/ user and Vogo. This Member Agreement will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship and transactions between the Members and Vogo for the access or use of the Services offered through the Platform.1.5 Please read the terms and conditions of the Member Agreement fully before using or registering on the Platform or accessing any material, information or availing Services through the Platform. By downloading, installing, or otherwise accessing or using our Platform or Services (whether in whole or in part), you agree that you have read, understood, and agree to be bound by the Member Agreement. By agreeing to the Member Agreement, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our Services.1.6 Upon your consenting to the Member Agreement and the Policies of the Company (which are incorporated by reference into this Member Agreement), the Company hereby grants you a limited, personal, revocable, non-assignable and non-exclusive license to use our Services. This license is for the sole purpose of enabling you to use the Services in the manner expressly permitted by this Member Agreement and the Policies.1.7 If you do not agree with the Member Agreement or any other Policies, please do not use the Platform or avail any Services being offered therein. Vogo reserves the right to change the terms and conditions of this Member Agreement or other Policies from time to time and shall give notice of such changes to the Members in a timely manner. Notice to the Members shall be considered given when such notice is indicated and accessible from the first page accessed after the Member accesses the Platform or by email to the Member’s email address provided to Vogo in the Member’s account creation or most recently provided to Vogo, or by SMS to the Member’s mobile number or mobile notification on the mobile application provided during the account creation. Member agrees that the amended terms and conditions of this Member Agreement shall be effective and binding on the earlier of (1) the effective date indicated in such notice; or (2) on the date posted on the Platform.1.8 It will be presumed that Member has received any such notice if and when the Member makes a reservation for a Vogo vehicle after notice of a change to this Member Agreement has been placed on the Platform and/or distributed to the Member by email or SMS or mobile notification on the mobile application. By making a reservation after receiving notice of any changes to the Member Agreement, the Member assents to and will be bound by such changes to the Member Agreement. Member may decline such changes by discontinuing trips under the Member Agreement.1.9 In the event of any conflict between this Member Agreement and any other document with respect to the Company’s other programmes, the Member Agreement shall override any such document except otherwise set forth from the Company in writing.1.10 As a company we have zero tolerance towards any kind of discrimination and strictly condemn any such actions. We do not discriminate on the basis of age, caste, creed, race or gender.Access to the Services2.1 It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications and is compatible with our Services to enable your access and use of the Services.2.2 You must ensure that the details provided by you are accurate and treat such information as confidential. Based on the information provided by you to us, you may be provided with a login identification (such as a username and password or any other identifier). You are solely responsible for all activities that occur under your login identification and must notify us immediately of any unauthorized use or other security breach relating to your login identification.2.3 We reserve the right to block, disable or delete any login identification, at any time, if in our opinion, you have failed to comply with any of the provisions of the Member Agreement or any other Policies, or if any details you provide for the purposes of registering as a user of the Services prove to be false or a misrepresentation.2.4 You consent to any collection, use or disclosure of personal information or personally identifiable data required to provide you with access to the Services or to deliver the Services to you, as per the Privacy Policy.2.5 You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically, to facilitate the provision of software updates, product support, and other services to you (if any). We may use this information as per the Privacy Policy, including without limitation to improve our products or services or technologies.2.6 The operation of our Services includes periodic delivery to you of offers, coupons or other information that may be of interest to you based on your stated preferences or your location.Persons Permitted to Drive Vehicles3.1 Only active Members in good standing, as decided solely by Vogo, shall be allowed to drive Vogo vehicles. Non-members are expressly prohibited from riding a Vogo vehicle at any time.3.2 Notwithstanding, anything contrary contained in this Member Agreement, the Member booking the ride must ensure that any other person having a valid and effective driving license drives Vogo vehicle only with the prior written consent of Vogo, failing which the Member originally booking the vehicle shall be solely liable to indemnify Vogo without any limitation for any loss suffered by Vogo arising from, incidental to or related with such unauthorized usage of the vehicle.3.3 Satisfying the eligibility criteria required to become a Vogo Member does not automatically render an applicant the right to become a Vogo Member. Acceptance of the applicant’s membership is subject to approval by Vogo at its sole discretion.3.4 Should any Member’s driving license expire or be revoked, authorization to drive Vogo vehicles shall expire immediately, Vogo shall be notified immediately or not later than 3 (three) working days of such expiry or revocation by the Member by email forthwith upon such expiry or revocation.3.5 By applying for membership, each applicant authorizes Vogo and Vogo reserves the right at its sole discretion to obtain his/her driving records from the jurisdiction in which the applicant is licensed. Because riding a Vogo vehicle requires maintaining a good driving record, Vogo may periodically check Member’s driving records and reserves the right, at its sole discretion, to suspend or terminate the Membership of any Member, who does not meet Vogo’s driving eligibility requirements. Member agrees to promptly report to Vogo any suspension or revocation of his/her driving license, or any tickets/citations/conviction related to any traffic violation including but not limited to riding without a helmet, riding under the influence of drugs or alcohol, riding while intoxicated, reckless driving, exceeding the speed limit, jumping the traffic signal or sending an SMS/talking on phone while riding. Vogo can suspend or terminate the membership of a Member or stop the provision of the Services if Vogo becomes aware of any pending criminal charges or allegations of commission of offences by a Member.Vogo at its own discretion, may issue a warning to first time offenders and may terminate the Member Agreement with the customer in the case of repeated offenders3.6 Member is responsible for providing and maintaining current email, cell phone, residential address (current/temporary and permanent), and other account information with Vogo. Member further warrants that information provided to Vogo shall be absolutely correct and is bound to inform to Vogo promptly, if any change occurs in the information provided earlier including but not limited to cell phone number, residential address, etc.3.7 Member is responsible for keeping any Vogo related password and/or PIN numbers in strict confidence and to not make passwords or PINs available to third-parties, should a PIN or password be reduced to written or electronic form, the Member will be responsible for any associated costs and/or damages in connection with unauthorized use of the Member’s account by third-parties. If a Member has reason to believe a third-party may have obtained unauthorized knowledge of a password and/or PIN, Member agrees to change the compromised password and/or PIN instantly and simultaneously notify the Company of such unauthorized use.Prohibited Uses4.1 Vogo is strictly meant for personal use by Members. The use of a Vogo vehicle under the following conditions is prohibited:for any speed race, rallies or competition;for the purpose of towing, pushing, or propelling any trailer or any other vehicle, whether or not such vehicle belongs to Vogo;for the primary business purpose of transporting people or operating a taxi or any other delivery services;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. A zero-tolerance policy is adopted and a limit of 0.0% ABV applies;in the carrying out of any crime or any other illegal activity;to undertake any political rallies, protests and such other activities in furtherance of a political agenda or campaigns, rallies or protests of any nature;indulging in any imprudent, negligent, or abusive manner or for any abnormal use of the vehicle;by any person who has provided Vogo with false information or whose representations are determined to be false (including, without limitation, regarding his name, age, or address);for riding a Vogo vehicle outside of India or any prohibited areas within India;for riding 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 riding or otherwise engaging in similar activities that may be prohibited by applicable laws;for using Vogo 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;for transporting objects with Vogo vehicle that could – due to their size, shape, or weight adversely impact the vehicle’s handling safety or that could damage the interior of Vogo vehicle or, by virtue of such object(s) protruding outside, affect the safety of vehicles driving in the vicinity of Vogo vehicle; andfor transporting more passengers than the prescribed seating capacity of the vehicle by manufacturer of the vehicle.4.2 Theforegoingexamplesarenotintendedtobeanexhaustivelist.Anyunreasonable, unwarranted, illegal, unethical or inappropriate use of a Vogo vehicle except the personal use for travel, as determined by Vogo in its sole discretion, may be deemed a violation of these terms and conditions. Vogo may report to the authorities any use of a Vogo vehicle or other activities that are in violation of local, state or national law or in violation of these terms and conditions.4.3 Vehicles cannot be used for commercial purposes. Further, Vogo vehicles cannot be used or ridden outside the city/ jurisdiction limits for which use of the vehicle has been chosen by the member. For instance, any Vogo vehicle booked by a member in Bangalore cannot be used or ridden outside Bangalore city limits, or any Vogo vehicle booked by a member in Hyderabad cannot be used or ridden outside Hyderabad city limits. In this regard, the Member shall exercise due knowledge, caution and restraint in ensuring that the vehicles are used strictly within the city/ jurisdiction limits selected by the Member.4.4 Vogo may immediately suspend or terminate the use of its Services by any Member for violation of any of the terms and conditions of the Member Agreement or any of the Policies. Upon suspension or termination, any existing reservations of the Member may be cancelled by Vogo at its sole discretion. In addition, the Member will be absolutely responsible for any and all, losses, damages (direct/ indirect), costs, charges, fees and expenses incurred by Vogo, as a result of such breach of any of the terms and conditions of the Member Agreement and the Member shall be required to fully indemnify Vogo. Further, the Member unconditionally and irrevocably agrees that Vogo reserves the right to pursue remedial action to recover the losses/ damage suffered by Vogo from the Member/ Member’s properties, including but not limited to his/her legal heirs/representative’s properties. Vogo acknowledges and agrees that the remedial action pursued shall not constitute any amount of force or coercion.4.5 Please be informed that Vogo may track usage of the vehicle by the customer via GPS devices installed on the vehicles, and further that the vehicles may be equipped with immobilizer systems for safety and security purposes. If any Vogo vehicle is being subject to unauthorized access or is being subject to any of the restricted or prohibited conditions mentioned here, then Vogo reserves the right to remotely activate the immobilizer system on the vehicle, and immobilze the vehicle that in the reasonable view of Vogo is being subject to unauthorized access or any of the restricted or prohibited conditions mentioned here. The view and decision of Vogo shall be final, and Vogo reserves the right to undertake such measures based on its reasonable view and judgment in such matters, without prejudice to other rights of Vogo against the Member (including those enumerated in Clause 4.4 above). The costs and expenses involved in the losses/ damage suffered by Vogo on account of immobilizing the vehicle as well as towing/ restoring the vehicle as well as any related costs and expenses shall be solely to the account of the Member, and the Member shall be required to fully indemnify Vogo on this account.4.6 Vogo expressly asserts that its Services are not solicited nor intend to be solicited to people under the age of 16.Reserving Vogo Vehicles5.1 Reservation is required for all potential booking. Member must always reserve a vehicle in advance of use and will be billed for usage fees at the time of reservation as provided in the Platform. Member is required to fulfil the below mentioned conditions at the time of taking the possession of the Vehicle for scheduled ride/trip:Member must carry his/her original driving licence, which is being shared with Vogo at the time of opening of account/booking of the ride with Vogo. Member must show the same to the representative of Vogo available at location, where the possession of the Vehicle is supposed to be taken by the Member;Member must carry and support Vogo in capturing the image of any one out of followingdocuments in original, as an additional document to be placed on records of Vogo to justify his/her identity:EPIC (Electoral Photo Identity Card), commonly known as Voter ID; orValid Passport; orAadhaar card from Unique Identification Authority of India; orGovernment Department (Including Public Sector Undertakings) Identity card; orIdentity Card of Tier 1/2 universities, colleges, educational institutions, which contains both photo and address.Member must cooperate with the representative of Vogo in taking a photo of the vehicle along with Member, which is meant for safety of the Member and for record purposes of Vogo; andMember shall be held solely responsible, if any of the above conditions are not being completed successfully at the time when possession of the vehicle was supposed to be taken by the Member and Vogo reserves the right not to handover the possession of the vehicle. Consequently, the booking will stand completed without any further onus of Vogo to refund or return the booking amount.5.2 If you wish to cancel a reservation or shorten the period for which a vehicle has been reserved, you must do so in advance, in pursuance of the Fee Policy.5.3 If you wish to extend a reservation, you may do so only if following conditions are fulfilled:the online payment for the extension has been made and successfully received by Vogo;the vehicle is available for use for the extension period (for example, it is not reserved by another Member); andthe request to extend is completed prior to the scheduled expiration time of your existing reservation.In case, any of the above conditions are missing after the expiry of the booking (initial or immediate prior) then you will be deemed to possess the vehicle without authorisation and must hand over the vehicle to Vogo’s parking or its representative without fail/ delay. A delay beyond one hour from the expected handover time of vehicle or after the expiry of booking as the case may be, will render you guilty of breach of trust and your involvement in theft of such vehicle shall be presumed without any doubt.5.4 In the event your reservation is not extended successfully (even if you have put in a request for extending the reservation but which has not been confirmed or has been denied by Vogo for any reason) and you do not return the vehicle to the correct and designated Vogo space by the end time of your reservation, Vogo reserves the right to initiate the civil and/ or criminal proceedings against you and simultaneously will make all reasonable efforts to take possession of the vehicle from you immediately or any time thereafter, and at any location.5.5 For avoidance of any doubt:You will be charged late fee, inconvenience fee and any other charges applicable as per our Fee Policy from the scheduled end time of your booking till the time the vehicle is actually recovered by Vogo;You will be charged any additional costs viz; legal attorney fees, consultants fees, travel costs, etc. incurred by Vogo in taking possession of the vehicle from you; andYou will not be provided any compensation or alternate means of transportation in such case and will not have the right to ride in Vogo vehicle any more. You shall hold Vogo, its officers, employees, agents and affiliates harmless against any claim in connection with the vehicle and/or its re-possession and shall irrevocably and unconditionally indemnify Vogo against any cost, loss or liability suffered by Vogo arising out of or in connection with any claim made by a third party against Vogo in relation to the vehicle and/or its re-possession.Vehicle Pick-Up and Return/Vehicle Condition/Stolen Vehicles6.1 You must pick up the selected vehicle at its designated Vogo parking space and return it secured, clean, and in good working order, to the correct and designated Vogo space by no later than the end time of your reservation.6.2 Prior to taking possession of a vehicle, you must do an exterior walk-around and an interior look-over. Before riding the vehicle, you must advise Vogo of any damage or abnormality encountered on the vehicle or in the operation of the vehicle. If Vogo 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 Vogo may suspend,or may even terminate your membership in lieu of such damages.6.3 You must leave all the original documents including but not limited to registration certificate, insurance policy, tax payment challans, self-drive licenses, pollution clearance certificates, vehicle’s key, key fob, or other starting device to the vehicle in its designated position in the vehicle at the conclusion of your reservation. You must advise Vogo immediately if you fail to leave the original documents mentioned hereinabove, key/ fob/ starting device, parking pass, or toll payment pass (if applicable in the vehicle.) and this causes inconvenience to Vogo or another Member, you will be charged the hourly rate for the vehicle until the, original documents, key/key fob/starting device/parking pass/toll payment pass is returned safely to Vogo and you will remain responsible for the payment of charges against the usage of the vehicle during such period. You may also be charged a fee at Vogo’s sole discretion to replace any of the items missing from the vehicle.6.4 The end of the trip is being confirmed by either: (a) specific completion of closing checklist at the end of trip; or (b) an SMS message to Vogo provided number to notify of such intent; or (c) by unwarranted breakdown/accident of the vehicle.6.5 Reserving Member is responsible for all charges and costs incurred related to Vogo vehicle for the entire period of the reservation and until the vehicle is returned, secured, closed, locked and serviceable (all accessories off, key out of ignition and in proper place, toll payment pass and parking pass and other accessories in the vehicle) to its designated location. Vogo vehicles must be returned no later than the end time of the reservation and the Member scheduled trip/ride comes to an end automatically and will be governed as per the provisions of Clause 6.3 above if extension is sought.6.6 Member is required to report to Vogo 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.6.7 Notwithstanding anything contrary contained under this Member Agreement, any damage caused to vehicle/Vogo because of your wilful misconduct or gross negligence, during such time when the vehicle is not in motion, will attract charges/ fees as per the sole discretion of Vogo, in addition to the right of Vogo to claim full indemnity of all damages, claims, costs and expenses from the Member.6.8 Stolen vehicles or any accidental incidents must be immediately reported to Vogo and the nearest police station with a detailed written complaint based on actual facts. Member 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 Vogo. The Member will be solely liable without any demur, for any loss due to a discrepant, inconsistent or distorted complaint or information by the Member. Further, the Member expressly agrees and accepts that Vogo shall not in any manner be held liable for any such stolen vehicles or accidental incidents.6.9 In the event that Vogo is unable to claim insurance for any reason, then the Member shall indemnify Vogo to the fullest extent in lieu of the loss or/and damage resulting directly or indirectly from such theft or accident.6.10 You acknowledge and agree that riding a Vogo vehicle involves an inherent risk of personal injury and you undertake and assume this risk in entirety for yourself, any person riding with you as a pillion (whether or not such pillion is a Member) and any participant Member who may be riding the Vogo vehicle reserved by you in accordance with Section 3 of this Member Agreement.6.11 You hereby agree hereby to release and discharge Vogo in perpetuity from and of any and all claims, demands, rights and causes of action of whatever kind or nature, arising from and by reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries (including without limitation to fatal injuries) and the consequences thereof, whether or not caused or contributed to in whole or in part by a defect in the vehicle or in any way connected with the vehicle.6.12 Vogo expressly asserts that the liability of Vogo towards third-party claims arising out of, related with or incidental to this Agreement, shall be limited and subject to Section 13 of this Agreement.6.13 Members expressly agrees and accepts that Vogo, shall not be held liable for any direct and indirect losses or/and damages which may arise from, be related with or incidental to the following without limitation:breach of the terms and conditions of the Member Agreement by the Member;breach of any applicable laws by the Member;the Member undertaking any activity specifically prohibited under Section 4 of the Member Agreement;theft of the vehicle;accidents caused by the Member; andunauthorized use of the vehicle by the Member or use for any prohibited or restricted activities by the Member.Safety7.1 Seat Belts and Child Restraints: Member is responsible for:Complying with all applicable speed limit and child restraint laws. It is being made crystal clear that Members must abide with the maximum speed/ weight limit and any other instructions being displayed/ communicated by the authorities through marks or sign boards in various locations of the trip;Protecting all children by properly using any child passenger restraint system that complies with all safety standards applicable in the jurisdiction where the trip is initiated and where Vogo vehicle is driven during such trip.In case of the vehicle being a scooter or motorbike, we provide 2 (two) half helmets for your convenience but we strongly recommend that you carry your own full helmets.7.2 Vogo tracks usage of the vehicle by the customer via Global Positioning System devices and also equips the vehicles with immobilizer systems which can be activated remotely. You agree and accept that such tracking and systems are only a necessary and reasonable measure undertaken by Vogo in pursuance of the safety of its Members and its vehicles, and does not constitute an infringement on any of your rights including without limitation your right to privacy, data protection, movement, etc.Securing Vogo Vehicles8.1 Each time Member parks a Vogo vehicle (either at the end of the reservation or during the reservation period), the Member is responsible for securing the vehicle from external factors including human or general known adverse weather conditions.8.2 Vogo prescribes all its Members to take full responsibility of their belongings. In case any Member claims to have left back any luggage or any phones or personal music devices inadvertently in a Vogo vehicle after the Member completes his/her reservation, then Vogo shall endeavour to locate the lost belongings on a “best-effort” basis provided the Member notifies Vogo of the same within 90 (ninety) minutes of the successful return of such vehicle post completion/termination of the reservation, but Vogo shall not be held responsible for any loss or damage incurred by the Member in any such circumstances.Fees And Eligible (Reimbursable) Expenses9.1 The Services are subject to Vogo’s Fees Policy available on the Platform. It entails the scenarios which covers all the fees including but not limited to rentals, excess kilometre riding charges, late fees, late charges, extensions fees, penalties or fines, if any etc.9.2 An “Eligible Expense” is defined as;an expense incurred by the Member for minor (under INR 1000 i.e. Indian Rupees One Thousand Only) routine maintenance on Vogo vehicles, such as tyre puncture in case of a bike, etc. orany expense in excess of INR 1000 (Indian Rupees One Thousand Only) that is authorized in advance of reservation by a Vogo representative, via email.9.3 If a Member pays for an eligible expense, he or she must keep the invoice which is subject to fuel test more particularly mentioned in the Fee Policy, which conspicuously captures the date and time showing that it was incurred during the reservation period.9.4 The Member must print his or her name on the receipt and give a physical original hard copy of the receipt to a Vogo vehicle attendant after his/her reservation.9.5 Vogo will reimburse the Member or credit the Member’s account, post the verification of claim and corresponding invoices. No reimbursement or credit will be given without an invoice, or if the invoice is submitted later than 3 (three) days from the reservation date.