USER AGREEMENT

Yulu Services Rental Agreement, Waiver of Liability and Release

Effective Date: February 27, 2019.

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES.

In consideration of Your use of any of the Yulu Services (defined below) provided by Yulu Bikes Private Ltd. d/b/a Yulu, operator of Yulu Bike Share, Yulu requires that You (“Rider”, “You”, or “Your”) agree to all terms and conditions in this Yulu Agreement, Waiver of Liability, and Release (“Agreement”), as applicable.
The “Services” provided by Yulu are composed of the following including

      1) Our Bike Share smart bicycles (“Bike” or "Yulu Move"), Light weight smart electric scooters ("Yulu Miracle") (collectively, the "Yulu Vehicles")
      2) Our Bike Share bicycle and Electric Scooter parking locations ("Yulu Zones"). Bicycle parking locations ("Yulu Zones") and Electric Scooter parking locations ("Yulu Zones") can be same or different.
      3) All other related equipment, personnel, charging stations for electric scooter batteries, mobile applications, websites and information provided or made available by Yulu (collectively, the "Yulu Services")

Please CAREFULLY READ all terms and conditions before entering into this Agreement. Here is a list of some of the terms that Yulu wants to bring to your notice in the event you are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them where defined in this Agreement.

On completion of your ride, the Bike must be locked and parked at respective designated YULU ZONE. If the Bike is not locked and parked at YULU ZONE, the trip will continue and you will continue to be charged. Yulu holds the rights to end your ride and charge a non-compliance fee of up to INR 1000.

      1) The maximum charge for a single bicycle ("Yulu Move") trip is INR 125 for 24 hours excluding any non-compliance charges.
      2) The maximum charge for a single electric scooter ("Yulu Miracle") trip is INR 1450 for 24 hours excluding any non-compliance charges.
For more details, please refer to the term 2.3 below.

On completion of your ride, park the Bike/Electric Scooter at a Yulu designated parking location ("Yulu Zone") following all the laws. The Bike/Electric Scooter cannot be parked in non-public spot, private property or in an area that is locked.

You must follow all traffic laws, e.g. any cycling lane laws in your area, electric vehicle regulations in your area

If there is a damage or malfunction in the Bike or Electric Scooter, you must immediately report it to Yulu via the App Support feature or e-mail - support@yulu.bike

Yulu clearly agrees to let, and the Rider clearly agrees to take on, rental of the Bike/Electric Scooter subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in Indian Rupees.

1. GENERAL RENTAL AND USE OF YULU VEHICLES

1.1 Rider is Sole User
Yulu and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Vehicle from the Location, the Vehicle must be used only by You. You must not allow others to use a Vehicle that You have activated from the Location.

1.2 Rider is At Least 16 Years Old
Rider certifies that he/she is at least 16 years old. Minors who are at least 13 years of age may use Yulu, but only if the Service is subscribed for by and under the responsibility of the minor’s parent or legal guardian. By consenting use of the Service by a minor, the parent or legal guardian agrees he/she is fully responsible and liable for all injuries, damages, and costs and expenses arising from or related to the minor’s use of the Service and guarantees, represents, and warrants: (i) the parent’s or legal guardian’s; and (ii) the minor’s acceptance of and agreement and compliance with all terms and conditions of this Agreement as a Rider.

1.3 Rider is an Experienced Vehicle Operator
Rider denotes and certifies that he/she is familiar with the operation of the Vehicle, and is reasonably competent and physically fit to ride the Vehicle. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for deciding whether conditions, including rain, storms, or man-made situations, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behavior to suit the weather and traffic conditions.

1.4 Vehicle is the Exclusive Property of Yulu
Rider agrees that the Vehicle and any Yulu equipment attached to the Vehicle, at all times, remain the exclusive property of Yulu. You must not disassemble, write on, modify, repair or deface a Vehicle, any part of a Vehicle, or other Yulu equipment in any way. You must not write on, peel, modify or damage any sticker on a Vehicle in any way. You must not use a Vehicle, or other Yulu equipment for any advertising or similar commercial purpose.

1.5 Vehicle Operating Hours and Vehicle Availability
Rider agrees and acknowledges that the Vehicles are available 24 hours a day, 7 days/week, 365 days per year, except in the case of events outlined in section 4.6. Vehicles must be rented within the maximum rental time limits set forth below. The number of Vehicles are limited and Vehicle availability is never guaranteed.

1.6 Vehicle May be Used and/or Operated only in Yulu Designated Areas and Parking Locations
Rider agrees to only use, operate and/or ride the Vehicle in Yulu designated regions/areas. Rider agrees to only end, the ride only at Yulu designated parking locations ("Yulu Zones").

1.7 Rider Must Follow Laws Regarding Use and/or Operation of Vehicle
Rider agrees to follow all laws relating to the use, riding and/or operation of the Vehicle, including all state and city laws and the rules and regulations pertaining to bicycles/electric scooters in the area where you are operating the Vehicle.

1.8 Prohibited Acts
Rider agrees to the following:

  • You must not ride a Vehicle while carrying any briefcase or other items if it hinders Your ability to operate the Vehicle safely.
  • While riding a Vehicle, you must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from safely riding the bicycle.
  • You must not use a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may harm Your ability to operate a Vehicle safely.
  • You must only use locking mechanisms provided by Yulu. You must not add another lock to the Vehicle or lock a Vehicle to anything.
  • The Vehicle must be parked at Yulu designated parking location ("Yulu Zone") to end the ride, i.e. the Vehicle cannot be parked/left on private property or in a locked area or in any other non-public space.
  • You must not carry a second person or child on a Vehicle.
  • You must not place heavy objects (more than 5 Kilograms) on the basket of Bicycle.

1.9 Vehicle is Intended for Only Limited Types of Use
Rider agrees that he/she will not use the Vehicle for racing, stunt or trick riding. Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal and/or a nuisance to others. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.

1.10 Weight and Cargo Limits
Following are the weight and cargo limits for Yulu Vehicles
      1) You must not exceed the maximum weight limit for the Bicycle (120 Kilograms) or the cargo carrier/basket on the Bike (5 Kilograms). Rider accepts that the front carrier/basket and back basket of the Bike is intended for light goods only, and that he/she will not carry people or animals anywhere on the bicycle.
      2) You must not exceed the maximum weight limit for the Electric Scooter (150 Kilograms)

1.11 No Tampering
You must not tamper with, attempt to gain unauthorized access using, or otherwise use Yulu system or other Yulu equipment other than for purposes of using a Vehicle pursuant to this Agreement.

1.12 Reporting of Damage or Crashes
Rider must report any accident, crash, damage, personal injury, stolen or lost Vehicle, to Yulu as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, Rider shall file a report with the local police department within 24 hours. Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle.

1.13 Rider Responsibility for Vehicle Use and Damage
Rider agrees to return the Vehicle to Yulu in the same condition in which it was rented. Rider will not be responsible for normal wear and tear.

1.14 Light weight Electric Scooter
The Electric Scooter requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Electric Scooter safely and prudently in light of the vehicle being an electric powered and all of the limitations and requirements associated therewith. Our Electric Scooter is ICAT certified. The maximum speed limit of the vehicle is 25 km/hr and wearing a helmet during the ride is not mandatory. RTO registration tag is also not required for the vehicle.
Rider understands and agrees with each of the following:
The level of charge power remaining in the electric scooter will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety). The level of charging power in the Vehicle at the time Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use. The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors. It is Rider’s responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle. The distance and/or time that Rider may operate the Vehicle before it loses charging power is never guaranteed. The Vehicle may run out of charging power and cease to operate at any time during Rider’s rental of the Vehicle, including before reaching Rider’s desired destination.

1.15 Charging of Electric Scooter
If the Electric Scooter runs out of charging power during a rental, Rider shall conclude the ride in compliance with all terms of this Agreement. Rider must immediately report about this to Yulu via the App Support feature or e-mail - support@yulu.bike

2. PAYMENT AND FEES

2.1 Fees
Rider may use the Vehicle on a pay per ride basis or as otherwise in accordance with the saver plans described in the App. In each case, fees and other charges may be subject to applicable taxes and other local Government charges, which may be charged and collected by Yulu. Yulu will charge the Rider’s wallet or other agreed payment methods the amount of the fees as described in this Agreement.

2.2 Promo Codes
Promo codes (discounts) are one-time offers and can only be redeemed via Yulu App. Only one promo code will be applied to a single ride. Yulu reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.

2.3 Maximum Rental Time and Charges
Maximum rental time is 24 hours. Rider agrees that Rider will deactivate the Vehicle rental within 24 hours of time that rental of the Vehicle began. The rider may then rent again. Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking of the bike.
      1) The maximum charge for a single bicycle ("Yulu Move) trip is INR 125 for 24 hours excluding any non-compliance charges.
      2) The maximum charge for a single electric scooter ("Yulu Miracle") trip is INR 1450 for 24 hours excluding any non-compliance charges.
After the return of the Vehicle, the rider will be charged the accumulated rental charges. Vehicle not returned at the Yulu designated parking locations ("Yulu Zone") will be considered non-compliance of Yulu policies and non-compliance fee of up to INR 1,000 will be charged. If a Vehicle is lost or stolen during rental, Rider security deposit will be taken and a police report may be filed.

2.4 Security Deposit
Rider must deposit a security amount and top-up the wallet using the Yulu payment system before using Yulu Services. Rider authorizes Yulu to Rider wallet amount for all fees incurred by Rider. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Yulu. If Rider disputes any charge, then Rider must contact Yulu within 10 business days from the end of the month with the disputed charge. The rider must provide to Yulu all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times.

2.5 Pick Up Fees
If You are unable to return a Vehicle to a Yulu designated parking location, and request that the Vehicle be picked up by Yulu staff, Yulu, at its sole discretion, may choose to charge You a pick-up fee up to a maximum of INR 1,000. If any Vehicle accessed under Your account is abandoned without notice, you will be responsible for all ride charges until the Vehicle is recovered and deactivated, plus a service charge (currently maximum of INR 1,000) to recover the Vehicle. Fees are subject to change.

3. RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK

3.1 Releases
“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the Vehicles, equipment or related information, or (b) Rider’s use of any of the foregoing. “Released Persons” means, collectively Yulu and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, and (ii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns. In exchange for Rider being allowed to use any of the Services, Vehicles, and other equipment or related information provided by Yulu, Rider (acting for Rider and for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) do hereby fully and forever release and discharge all Released Persons for all Claims that Rider has or may have against any Released Person, except for Claims caused by the Released Person’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. Rider expressly agrees to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of Yulu and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using and/or operating the Bike.

3.2 Disclaimers
YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, YULU, OR RELATED EQUIPMENT IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, YULU, OR RELATED EQUIPMENT, YULU AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

ALL OF THE SERVICES, YULU, AND RELATED EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK).

YULU AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, YULU, OR RELATED EQUIPMENT WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, YULU, OR RELATED EQUIPMENT.

3.3 Limited Liability
RIDER DOES HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, YULU AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) RIDER’S USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, BIKES, OR RELATED INFORMATION, (C) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER,(E) RIDER’S FAILURE TO WEAR A HELMET WHILE USING A VEHICLE, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY.

RIDER DOES HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF YULU OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.

THE TOTAL LIABILITY OF YULU AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF INR 10,000.

SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO RIDER, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO RIDER, AND RIDER MIGHT HAVE ADDITIONAL RIGHTS.

3.4 Assumption of Risk by Rider
Rider is solely and fully responsible for the safe operation of the Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained, and that such malfunction may cause injury. Rider agrees that riding a Vehicle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Rider or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Rider agrees that such risks, dangers, and hazards are Rider’s sole responsibility, including, but not limited to, choosing whether to wear a helmet or utilize other protective gear. Rider agrees that if Rider’s use of any of the Services causes any injury or damage to another person or property, then Rider may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Bike, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that Yulu and all other Released Persons are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Bike itself.

3.5 Indemnification
You will indemnify and hold the Released Persons harmless from all losses, suits, claims or other proceedings arising out of or relating to Your use of Vehicles and any breach of the terms of this Agreement; provided, however, that Released Persons must notify You as soon as practicable after the date notice of such loss, suit, claim or other proceeding is served on Released Persons directly (as opposed to service on a statutory agent for service of process) or otherwise brought to the attention of Released Persons.

4. ADDITIONAL TERMS OF USE

4.1 Safety Check
Yulu will have the following safety equipment on the Vehicles

  • Left-hand rear break and right-hand front break
  • Smart Bicycle ("Yulu Move")
        1) A front red reflector on handle in front, and a rear red reflector
        2) Reflectors on front and rear wheels of each bike
        3) Bike Number on the bike frame beneath the saddle
        4) Bike Lock with QR code
        5) Horn/Bell at right handle to alert any people in the path
  • Electric Scooter ("Yulu Miracle")
        1) Head light in the front
        2) A rear red reflector
        3) Vehicle Number on the frame beneath the footrest
        4) Horn/Bell at left handle to alert any people in the path
        5) Digital battery meter

Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the vehicle, which includes inspecting the following: (i) wheels (ii) safe operation of all brakes (iii) proper attachment of the saddle, and battery level (only for electric scooters); (iv) good condition of the handle and bell; and (v) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer support using Yulu App or sending an email at support@yulu.bike.

4.2 Lost or Stolen Vehicle
If a Vehicle is not returned within 48 consecutive hours, then the Vehicle is deemed lost or stolen and a police report may be filed with local authorities. The data generated by the Service’s computer is conclusive evidence of the period of use of a Vehicle by a Rider. Rider must report Vehicle disappearance or theft to Yulu immediately or as soon as possible.

4.3 Rider Safety
Yulu recommends that all Riders wear a helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Rider agrees that none of Yulu and its Released Parties are liable for any injury suffered by Rider while using the Service, whether or not Rider is wearing a helmet at the time of injury. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.

Vehicles shall have the following safety precautions as a minimum:

  • Bell to alert any person or vehicles in the path
  • Hand operated brakes, one each for the front and rear wheels
  • A red rear reflector
  • A white front reflector in smart bicycle and front headlight in electric scooter
  • Remote tracking of vehicle using built-in GPS system

4.4 Vehicle Routes
Rider agrees that Yulu does not provide or maintain places to ride Vehicles, and that Yulu does not guarantee that there will always be a safe place to ride a Vehicle. Roads, bicycle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards.

4.5 Limitations on Vehicle Rental
Rider agrees that Yulu is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. Yulu provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.

4.6 Limitations on Availability of Service
Yulu makes every effort to provide the Service 365 days per year, but does not guarantee that the Service will be available at all times, as force major events or other circumstances might prevent Yulu from providing the Service. Access to the Service is also conditioned on the availability of Vehicles. Yulu does not represent or warrant the availability of any Service or the availability of any Vehicle at any time. Rider agrees that Yulu may require Rider to return a Vehicle at any time.

5. TERM AND TERMINATION

5.1 Term
The term of this Agreement begins when Rider first uses the Yulu Service, and the term ends 20 years after Rider’s last use of the Service; provided, however, that Rider’s personal financial responsibility under this Agreement expires one year after the Rider’s last use of the Service.

5.2 Termination by Yulu
At any time and from time to time, and without Rider’s consent, Yulu may unilaterally terminate Rider’s right to use the Service, in Yulu’s sole discretion and without any notice or cause. Rider may terminate Rider’s use of the Service at any time; provided, however, that (i) no refund will be provided by Yulu, (ii) the term of this Agreement continues in accordance with this Agreement, (iii) Rider may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider’s right to use any of the Service, regardless of how the Agreement is terminated.

6. LICENSE TO IMAGE AND LIKENESS

For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to Yulu and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to Yulu and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Yulu may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.

7. Confidentiality of Information

You understand and agree that all personal information that is held by Yulu and pertains to Riders, including all names, addresses, phone numbers, email, passwords, payment information, and other information will be kept by Yulu in accordance with its privacy policy located at the end of this agreement.

8. Notice

Yulu may be contacted by emailing support@yulu.bike

9. Choice of Law & Dispute Resolution

This Agreement is governed by, and must be construed and enforced in accordance with, the laws of India, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the India and agrees that those courts have personal jurisdiction over each party; and (iii) the parties must submit the dispute to mandatory mediation to the concerned "Authority" who will assign mediator to conduct the mediation process. The parties agree that any dispute will be first subject to mediation. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.

10. Waiver and Severability

No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

11. Cumulative Remedies

All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.

12. Final Agreement & Modification by Yulu

This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement succeeds all other prior agreements, written or oral, relating to such subject matter. Yulu may amend, modify, or change this Agreement at its discretion and without any notice or cause, at any time, periodically, without Rider’s consent. By continuing to use any Service after any amendment, modification, or change, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, Yulu will post a notification on the Website. The pricing set forth on the Website supersedes all pricing set forth in this Agreement.

13. Contract Interpretation

The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.

RIDER ACCEPTANCE OF AGREEMENT

I certify that I am the Rider, I am 16 years old or above, and I have read and expressly agree to the terms and conditions set forth in this Agreement.

OR

I certify that I am the Parent and/or Legal Guardian of the Rider, who is at least 13 years old, and I am 16 years old or above. I have read, and I expressly agree to, the terms and conditions set forth in this Agreement and authorize use of the Service by the minor Rider.

Privacy Policy

This Privacy Policy (“Privacy Policy”) governs your use of websites, mobile applications and technology operated by Yulu Bikes Pvt. Ltd.

We, Yulu Bikes Pvt. Ltd., would like Yulu users to know that we will collect and use your personal information. The policies below are applicable to data and information collected when you use any of the following:

  1.  Yulu Bikes Pvt. Ltd. network of websites, including www.yulu.bike (including any versions optimized for viewing on a wireless or tablet device)
  2.  All email newsletters published or distributed by Yulu Bikes Pvt. Ltd.
  3.  All apps published by Yulu Bikes Pvt. Ltd., including the “Yulu” app
  4.  Any other services made available by Yulu Bikes Pvt. Ltd. (“Service”)
  5.  All other interactive features and communications provided by Yulu Bikes Pvt. Ltd. (“App”), however accessed and/or used that are operated by us made available by us, or produced and maintained by us, and our related companies (collectively “Yulu” or “we”, “us”, or “our”)

We have established this privacy policy (“Privacy Policy”) to ensure that you understand what kinds of personal information we may gather during your use of this App, why we gather your information, how we use that information, when we might disclose your personal information, and how can you manage your personal information.

Please note that the practices described in this Privacy Policy apply to information gathered online through our App and websites, and by our customer service personnel. It does not apply to information that you share with organizations to which we may link or who may link to us, or information that we may receive about you from other organizations.

By using our App, you accept the practices described in our Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the App. We reserve the right to revise the terms of our Privacy Policy from time to time without notice. Your continued use of our App following the changes to these terms will mean you accept those changes. If we intend to apply the changes to this Privacy Policy retroactively or to personal information already in our possession, we will notify you of the modifications or amendments.

This Privacy Policy is incorporated in our User Agreement, which is accessible at www.yulu.bike, unless otherwise defined in this Privacy Policy.

If you have any questions about this Privacy Policy or don’t see your concerns addressed here, you could contact us by email at support@yulu.bike.

Information Collection and Use

We may request you to provide personally identifiable information for a better experience while using our Service. This may include but not be limited to location, name, and address. We collect two basic types of information from you: personal information; and non-personal information. The information that you share with us will be retained by us and used as explained in this privacy policy.

The app uses Third Party services for user KYC via Aadhaar Number that may collect information used to identify you.

Personal Information

You may browse the App without submitting any personal information. However, there are a number of features and Services that can be accessed only on submission of the required personal information. The most common ways in which we may collect your personal information are listed below.

  • When you register for an account on the Yulu App
  • When you use Yulu App to refer to your friends
  • On submission of payment information for adding money to your Yulu wallet
  • App related communications, e.g. Aadhaar Number provided for KYC
  • Profile information (personal and non-personal) provided by you in the Yulu App User Profile
  • When you share your ride details on your social media authorized by you
  • When you participate in Yulu ratings, surveys, or promotions
  • When you sign up to receive alerts or information via email, text or instant messages from Yulu
  • When you request for assistance, customer service or support
  • When you submit data or information on the App where it is permitted
  • When you knowingly volunteer personal information anywhere on the App

Log Data

When you use our Service and if there is an error in the App, we collect data and information (through third party products) on your phone, called Log Data. This Log Data may include information such as your device Internet Protocol (IP) address of your server, device name, operating system version, the app configuration while you are using our service, the time and date when you use our service, the duration, and other statistics.

The device information about the computer, browser, mobile device or any other device that you use to access the App. This information may include the IP address, geolocation, unique device identifiers, type of browser, language, and other transactional information.

When you use the App, a third party server or we might collect information about your use of the App, including GPS routes and status of GPS chips.

Device information about the Yulu, including time stamps and battery status.

Additional “traffic data” and log files such as time of access, date of access, software crash reports, session identification number, access times, and referring App addresses.

Other information regarding your use of the App.

Collection of Your Source IP Address/Location Information.

Information Collected from Other Sources

We might collect information about you, which we may receive from other sources or from our offline interactions with you. Such information that will enable us to verify, update information contained in our records and to better customize the App for you. We may also collect Personal Information from credit reporting agencies to, for example, determine your creditworthiness, credit score, and credit usage, in accordance with applicable laws.

Third Party Personal Information Collected Through Refer-A-Friend Feature

We may conduct a referral/promotion service to introduce people you know to our Apps and Service. If you choose to refer someone to our App and Service or a discount on the App and Service, we will ask you for your contact’s name and email address. We will automatically send your contact a one-time email invitation to visit our App. We collect and retain this information for the purpose of sending this one-time email and tracking the success of our referral program. Your contact may contact us at support@yulu.bike to request that we remove this information from our database.

Children’s Privacy

Our Services do not address anyone under the age of 13 years. We do not knowingly collect personal information from children under 13 years. In the case we realize that a child under 13 years has provided us with personal information, we immediately delete this from our servers. If you are a parent or a guardian and are aware that your child has provided us with personal information, please contact us so that we will be able to take necessary actions.

Cookies

Cookies are files with small amount of data that is commonly used as anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your device internal memory. This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collection information and to improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some features of this Service.

We use cookies for other purposes as below:

  • We use cookies to remind us who you are and to find your account information in our database when you access a Service so you do not need to log in at every visit. This helps us to provide you with services tailored to your particular needs and interests. A cookie is created when you register for a Service.
  • We use cookies to determine the browser you use so the Apps can be designed to work efficiently with the most common versions of different browsers
  • We use cookies in conjunction with sending you e-mail newsletters
  • Advertisers that place ads on the App may use cookies
  • We use cookies to generate analytics regarding our App
  • We use cookies to determine user traffic. Your browser is given a unique cookie that helps us determine whether yours is a repeat visit or a first visit

How Do We Use Your Information?

We use the information we receive from you to help us personalize services and improve your experience on the App. We may use your Personal and Non-Personal Information in the following ways:

General Uses
  • To process your registration
  • To provide the Yulu Service to you at your request
  • To track the Yulu vehicle you use
  • To upload your content to our App at your request
  • To permit you to update, edit, and manage your content on our App
  • To communicate with you about your account or transactions with us (including service related announcements) and send you information about features and enhancements on our App
  • To update you about changes to our policies
  • To communicate with you about your comment to a blog post
  • To personalize content and experiences on our App, including providing you reports, recommendations and feedback based on your preferences
  • To disclose anonymized Personal Information to disclose statistics and analytics and other details regarding the use of our App
  • To enhance or improve our products, services and operations
  • To update the App on your device automatically
  • To detect, examine, and restrict activities that may violate our policies or be illegal
  • To perform analyses of users of the App: statistical, demographic, and marketing

With Whom is Your Information Shared?

Except as disclosed in this Privacy Policy, we do not disclose your Personal Information to any companies not part of Yulu or its parent, subsidiaries or related entities. In no event will we sell or rent your Personal Information as part of a customer list or similar transaction.

Third-Party Agents

We have third party agents, subsidiaries, affiliates and partners that perform functions on our behalf. These functions may include hosting, billing, push notifications, storage, bandwidth, content management tools, analytics, customer service, fraud protection, etc. These entities have access to your Personal Information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of that Personal Information. They are restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to the App.

Emergency Situations

We may have to use or disclose Personal Information if required to do so by law or in a situation where such action is necessary to (a) conform to applicable law or comply with legal process served on us or the App; (b) protect and defend our rights or property, the App or our users, and (c) act under emergency circumstances to protect our personal safety and that of our affiliates, agents, or the users of the App or the public. This includes exchanging information with other companies and organizations for fraud protection.

What Steps Are Taken to Keep Personal Information Secure?

We are concerned about the security of your Personal Information. We practice great care in providing secure transmission of your information from your device to our servers. Your Personal Information collected by our App is stored in secure operating environments that are not available to the public. Our security procedures may require us to request proof of identity before we disclose your Personal Information to you. However, please be advised that while we try our best to safeguard your Personal Information, transmission of data over the Internet or any other public network cannot be guaranteed to be 100% secure.

How Can Yulu Transfer Your Personal Information?

Your information collected through the App may be stored and processed in India where Yulu, its Affiliates, Clients, or service providers maintain facilities. Wherever your personal information is transferred, stored, or processed by Yulu, Yulu will take reasonable steps to safeguard the privacy of your personal information. By registering for and using the App you consent to the transfer of your information to any other country in which Yulu, its Clients, Affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

How Long Do We Keep Your Information?

Following deactivation or termination of your account, Yulu, its Affiliates, Clients, or its service providers may retain information (including your profile information) and user Content for a commercially reasonable time for backup, archival, and/or audit purposes. If you have any questions about deactivation or termination of your account, please contact us directly at support@yulu.bike.

What Happens When I Link to or From Another App?

This App may contain links to third party Apps/Offers. Please note that the practices described in this Privacy Policy for Yulu do not apply to the information gathered through other Apps. We are not responsible for the actions and privacy policies of third party Apps.

Governing Law

This App is published in India. We try to protect the Personal Information of all users of our App and we try to comply with local data protection and consumer rights laws to the extent they may apply to the Services. Our App is located and targeted to Indian citizens and our policies are directed at compliance with those laws. If you are unsure whether the practices of this privacy policy are applicable to the local privacy laws where you are located, you should not submit your Personal Information to Yulu.

Assignment

We may change our ownership or corporate Yulu while providing the App. We may also sell certain assets associated with the App. As a result, please be aware that in such events we may transfer some or all of your information to a Yulu acquiring all or part of our assets or to another Yulu with which we have merged. Under such circumstances we would expect the acquiring party to follow the practices described in this Privacy Policy. However, we cannot promise that an acquiring Yulu or the merged Yulu will have the same privacy practices or treat your information the same as described in this Privacy Policy.

Changes to This Policy

We may add new services and features to our App as we develop it. If these additions affect our Privacy Policy, this document will be updated appropriately. We will make those changes prominently so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone. However, we recommend that you read this Privacy Policy each time you use our App in case you missed our notice of changes to the Privacy Policy. We will make sure not to change our policies and practices to make them less protective of Personal Information we have previously collected from you without your express consent.

What Are Your Choices and How Do You Opt-Out?

Although you may not be able to opt-out of all data collection when you visit our Apps, you do have a choice to limit the collection, use and sharing of your personally identifiable information.

Collection of Personal Information

All personally identifiable information is provided on a voluntary basis. If you do not want Yulu to collect such information, you should not submit it to the App. However, not submitting certain information may affect your ability to access some content and use some of the functions of the App.

Emails and Other Communications

You may alter the preference of the type of communications you receive from us, including opting out of promotional communications. You can do this at any time by updating the communication preferences indicated in your account profile through the App.

Please note that by doing so you may not be able to access certain products and services, and we may continue to send non-promotional communications such as staffing confirmations, surveys, and other information about your use of the Service. If you refer others to us using our email functionality, please note that they may choose not to receive any promotional emails from us in the future by following the opt-out instructions in the email invitation.

Tracking

You may choose to limit some tracking mechanisms on the App that collect information. Many web browsers automatically accept cookies. In most cases you can modify your browser's setting to decline cookies if you prefer. You choose to decline cookies on our App, but certain features of the App, including the App itself, may not function properly or remain accessible to you. In addition, you may also render some web beacons unusable by rejecting or removing their associated cookies. Note that if you remove cookies, you may remove opt-out cookies that affect your advertising preferences. For more details on your ability to opt out, see Use of Cookies and Other Tracking Technologies above.

Please note that while you may opt out of online behavioral advertising and other targeted advertising served by participating companies through App you may still see other types of advertising on the App, it just may not be as relevant or targeted to your interests.

Reviewing and Changing Your Information

You can review and change the information in your Yulu account by logging into your account and editing your profile. Please note that we may not be able to delete your Personal Information without also deleting your user account. To access any records containing information about you, we may request you to provide us with your Personal Information to verify your identity. Please be advised that you will not be permitted to examine the Personal Information of any other person or entity. We may decline your request to change or delete Personal Information if we believe doing so would violate any law or legal requirement, or cause the information to be incorrect.

If you have any questions about this Privacy Policy, please contact us by email at support@yulu.bike.