THIS AGREEMENT IS IN EFFECT FROM 30TH JUNE 2023.

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your use of this website, www.voltium.in (the "Website"), Voltium Electric Mobility Private Limited ("Voltium") and your purchase of products and services available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Voltium reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Voltium will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Voltium encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Voltium for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website and our services.

This document is legally valid under Information Technology Amendment Act, 2008.

By accepting these terms and conditions, Hirer agree to be legally bound by the provisions outlined in Agreement during Hirer’s relationship with Voltium. If Hirer do not agree with any of the terms, please refrain from using Voltium’s services.

VOLTIUM ELECTRIC MOBILITY PRIVATE LIMITED (hereinafter referred to as ‘Voltium’ or ‘Company’ or ‘Lessor’ which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its administrators, successors in interest and permitted assigns), a company incorporated under the (Indian) Companies Act, 2013, having its registered office at RZF-24, KH-86/1, NEAR SULABH INTERNATIONAL, MAHAVIR ENCLAVE, NEW DELHI, SOUTHWEST DELHI, DELHI, INDIA-110045.

PREAMBLE
WHEREAS Voltium Electric Mobility Private Limited is engaged in the business of providing electric vehicle (or EV) on hire (hereinafter referred to as “Vehicle” or “vehicle”).
WHEREAS Hirer is eager to avail the services and take on hire a vehicle and he has filled the form containing his address and contact details, and agreed to provide the identity proof, and other required details. Hirer has selected the Vehicle by selecting the appropriate column in the Booking form. Hirer has chosen the expected time of Hire. Hirer understood the tariffs and rates applicable.
WHEREAS Annexure 1 is a form to be filled at the time of pickup of the vehicle.

1. HIRER’S OBLIGATION

1.1 Vehicle Usage and Operation

1.1.1 Hirer agrees to operate the Vehicle in a responsible and legal manner, complying with all applicable traffic laws and regulations.
1.1.2 Hirer shall not allow any unauthorized individuals to drive the Vehicle.
1.1.3 Hirer acknowledges that the Vehicle should not be used for any illegal activities, including but not limited to transportation of illegal substances or engaging in any criminal acts.
1.1.4 Hirer must not use the Vehicle for any commercial purposes unless prior written consent has been obtained from Voltium.

1.2 Vehicle Care and Maintenance

1.2.1 Hirer is responsible for maintaining the Vehicle in good condition and must promptly notify Voltium of any mechanical issues or damages.
1.2.2 Hirer agrees to return the vehicle in the same condition as it was received, taking into account normal wear and tear.
1.2.3 Hirer must ensure that the vehicle is used and parked in safe and appropriate locations, taking necessary precautions to prevent theft or damage.

2. LEASE TERM

Agreement runs from the date and hour of vehicle pick up as indicated in Annexure 1 until the return of the vehicle to Voltium, and completion of all the rights and obligations by both the parties.

3. PRODUCT USAGE BY HIRER

3.1 Scope of Use - Hirer shall use the Vehicle only for personal or routine business use. Hirer shall comply with all applicable laws relating to holding licensure to operate the vehicle. Hirer shall not sub-lease the Vehicle nor shall he commit any act in derogation with the laws.
3.2 Acknowledgment of Risks - By renting and using the vehicle provided by Voltium Electric Mobility Private Limited, Hirer agree that there are inherent risks, dangers, and hazards associated with riding the vehicle. These risks may result in injury, death, property damage, and cannot always be predicted or avoided.
3.3 Reporting Incidents - 3.3.1 Any accidents, damages to the vehicle, summons, or notices issued by the police or court related to Hirer’s usage of the vehicle must be reported within one hour of the incident. Hirer can reach out to Voltium Electric Mobility Private Limited via email at reach@voltium.in or call the provided phone number.
3.3.2 Hirer must also provide a written report detailing the entire events of the accident in the minutest detail. Any police cases should be reported to Voltium Electric Mobility Private Limited immediately.
3.3.3 Failure to comply with the above instructions or any misstatement or concealment may result in the forfeiture of insurance coverage provided by Voltium Electric Mobility Private Limited.
3.4 Compensation for Penalties and Fines - If Hirer or Voltium is penalized or fined by any authority due to Hirer’s usage of the vehicle or while it was under Hirer’s custody, Hirer are responsible for paying the compensation for such penalties, as well as any legal costs incurred by Voltium Electric Mobility Private Limited. This also includes any penalties outlined in Agreement.
3.5 Prohibited Activities - 3.5.1 Hirer are strictly prohibited from participating in any type of speed contests, competitions, racing, or adventurous activities while using the vehicle.
3.5.2 Hirer shall not engage in stunts that may cause danger to Hirer, the pillion rider, fellow travellers, or the general public.
3.6 Excessive Wear and Tear - Hirer are not permitted to use the vehicle in a manner that causes excessive wear and tear to its parts. If it is found that Hirer have caused excessive wear and tear, Voltium Electric Mobility Private Limited reserves the right to impose penalties.
3.7 Vehicle Modifications and Repairs - Attaching any external fixtures or fittings to the vehicle is strictly prohibited, unless approved by authorized personnel of Voltium Electric Mobility Private Limited in writing.

4. PAYMENT OF LEASE FEES

4.1 General Overview - This Payment of Fees Policy outlines the terms and conditions regarding the payment of fees for Agreement between Voltium and Hirer. It aims to ensure transparency, clarity, and adherence to payment obligations.
4.2 Reservation Fee - Secure a reservation, a non-refundable (can be refunded on Voltium's terms or provided credit for the same) reservation fee must be paid at the time of booking. The reservation fee will be deducted from the total lease fees upon completion of the lease. Failure to pay the reservation fee within the specified timeframe may result in the cancellation of the reservation.
4.3 Lease Charges:
4.3.1 Hirer agrees to pay the lease charges as specified in Agreement.
4.3.2 All lease charges are due and payable before or upon the pickup of the vehicle.
4.4 Late Fees
4.4.1 Hirer is responsible for returning the vehicle by the agreed-upon date and time.
4.4.2 Late returns may result in additional charges, calculated on an hourly or daily basis, as specified in Agreement.
4.4.3 If Hirer anticipates a delay in returning the vehicle, they must notify Voltium in advance to discuss possible alternatives and avoid unnecessary late fees.
4.5 Non-Payment and Collection Costs 4.5.1 In the event of non-payment of lease fees or other charges, Voltium reserves the right to take appropriate action to recover the outstanding amounts.
4.5.2 Hirer agrees to be responsible for any costs incurred by Voltium, including but not limited to collection fees, legal fees, and court costs, associated with the recovery of unpaid amounts.
4.6 Modification and Cancellation 4.6.1 Any modifications to Agreement, including changes in fees or lease duration, must be agreed upon by both parties in writing.
4.6.2 Cancellation policies and associated fees are outlined separately in Agreement.

5. SECURITY DEPOSIT, PRE – PAYMENT AND CANCELLATION POLICIES

Hirer will be required to provide a security deposit of ₹3000 to Voltium, to be used in the event of loss or damage to the lease Vehicle during the term of Agreement or in case of any act committed in dissonance of the terms of contract. Out of which ₹60 will be considered as non-refundable documentation charges. The security deposit will be refunded within 7 -10 working days after the completion of lease term and return of the Vehicle in good condition, normal wear and tear excepted.
Pre-payment – Full security amount.
Lease cancellation – Hirer will forfeit the security deposit in case they want to cancel the lease before the period mentioned in Annexure 1.
Lease rental shall be payable in advance on the basis of Annexure 1.

6. ASSUMPTION OF LIABILITY BY HIRER

By initiating the lease or operation of a Vehicle provided by Voltium Electric Mobility Pvt. Ltd. (“Voltium”), Hirer acknowledge and agree to the following terms and conditions regarding the use of the Vehicle:
6.1 Assumption of Risk - Hirer understand and accept that the level of charge power in the Vehicle will decrease with use over time and distance. As the level of charge power decreases, the speed and other operational capabilities of the Vehicle may decrease or cease entirely. The rate of loss of charging power during use is not guaranteed and may vary based on factors such as the Vehicle, road conditions, weather conditions, and other factors. Hirer assume all risks associated with the use of the Vehicle, including any decrease in operational capabilities due to the loss of charging power.
6.2 Checking Charge Level - It is Hirer’s responsibility to check the level of charge in the Vehicle before initiating operation. Hirer must ensure that the level of charge power is adequate for Hirer’s intended ride. Voltium does not guarantee the level of charging power in the Vehicle at the time of lease or operation. Hirer accept full responsibility for verifying and ensuring the adequacy of the charge power before use.
6.3 No Guaranteed Distance/Time of Operation - Voltium does not guarantee the distance and/or time that Hirer may operate the Vehicle before it loses charging power completely. The Vehicle may run out of charging power and cease to operate at any time during Hirer’s lease period, including before reaching Hirer’s desired destination. Hirer acknowledge and accept this risk when using the Vehicle.
6.4 Safe Operation Responsibility - Hirer is solely and fully responsible for the safe operation of the vehicle at all times. Hirer must comply with all applicable laws, regulations, and guidelines regarding the operation of vehicle. Voltium is not liable for any injuries, damages, losses, or liabilities resulting from Hirer’s use or misuse of the vehicle. In case of swappable battery vehicles, the Hirer isn’t allowed to charge the battery.
6.5 Insurance claim – All highspeed vehicles insured for third party damages. All the liabilities for the damages fall on the Hirer. In case of theft, the low-speed vehicle has to be replaced by the Hirer with a fully functional and working vehicle in the same condition as the original one or pay the 20% additional of market value price. Hirer is liable to pay for the battery as well. In case of swappable battery vehicles (theft or damage), the amount forwarded to Voltium Electric Mobility by the BAAS provider will be delivered to the Hirer and will have to be paid by the Hirer.

7. DAMAGE AND LOSS POLICY

It is an integral part of the Agreement which outlines the responsibilities, liabilities, and procedures related to damage or loss of the Vehicle.

7.1 Vehicle Condition

7.1.1 Voltium shall provide Hirer with a vehicle in good working condition, clean, and with all necessary documents for normal operation.
7.1.2 Hirer acknowledges receiving the vehicle in the specified condition and must inspect it thoroughly for any pre-existing damage. Any existing damage should be noted in Agreement or reported to Voltium before leaving the Voltium premises.
7.1.3 Failure to report pre-existing damage may result in Hirer being held responsible for such damage.

7.2 Reporting damage or Loss

7.2.1 Hirer must report (within 24 hours) any damage, accident, or loss of, or to, the vehicle to Voltium and local authorities (if necessary).
7.2.2 Hirer should provide accurate details, including the time, date, location, and circumstances surrounding the damage or loss.
7.2.3 Hirer must cooperate fully with Voltium and provide any additional information or documentation as required.
7.2.4 In case of theft, Voltium will assist the Hirer by providing the support needed but the onus is on the Hirer to follow the proper channels and procedures to recover the vehicle.

7.3 Hirer’s Responsibility

7.3.1 Cleanliness and Sanitization: The hirer is responsible for maintaining a proper standard of cleanliness and sanitization of the vehicle.
7.3.2 Reporting Damages: Any signs of damage or issues, whether visual or auditory, must be promptly reported to Voltium Electric Mobility.
7.3.3 Liability for Normal Wear & Tear: Damages resulting from normal operation or wear and tear of the vehicle do not hold Voltium liable.
7.3.4 Vigilance for Hazards: The hirer must remain vigilant for any damages, incidents, or accidents that may pose a hazard to the vehicle or its operator.
7.3.5 Daily Visual Inspections: The hirer is required to conduct daily visual inspections of the vehicle using a provided checklist before and after the first ride each day. All observations must be documented.
7.3.6 Caution in Rain: Exercise caution when using the vehicle in rainy conditions, as the batteries and motor are not waterproof. Any damage due to water ingress is the hirer's responsibility and is not covered by the warranty.
7.3.7 Compliance with Instructions: The hirer must follow all instructions provided by Voltium Electric Mobility and diligently fill out the checklist. Failure to do so or providing incorrect information releases Voltium from liabilities.
7.3.8 Checklist Submission: All checklists must be filled out and shared with Voltium every 7 days. Failure to comply may result in repair and maintenance charges borne by the hirer.
7.3.9 Charging Recommendations: It is advised not to charge the vehicle for at least 20 minutes after completing a ride, and after charging, the ride should not commence for at least 20 minutes.
7.3.10 Speed Limits: Adhere to posted speed limits and drive at a safe, responsible speed for the road conditions.
7.3.11 Safe Parking: Park the vehicle in designated areas and ensure its properly secured to prevent theft or accidents.
7.3.12 Proper Tires: Check tire pressure regularly to maintain optimal traction and handling.
7.3.13 Emergency Contact: Keep Voltium Electric Mobility's emergency contact information readily accessible in case of an emergency or breakdown.
7.3.14 Driver Training: Ensure that all hirers are trained and informed about the safe operation of electric vehicles. Voltium will provide all necessary help regarding this.
7.3.15 Inclement Weather Precautions: Exercise additional caution during adverse weather conditions such as heavy rain, summer, thunder, storm, etc.
7.3.16 Emergency Kit: Carry a basic emergency kit in the vehicle, including items like a flashlight, first-aid supplies, and warning signs.
7.3.17 Follow Traffic Laws: Strictly adhere to all traffic laws, including obeying traffic signals and signs.
7.3.18 Protecting Personal Belongings: Do not leave valuables in the vehicle to deter theft and vandalism.
7.3.19 Fire: In case of fire please keep the vehicle parked and remove your belongings and luggage and any company property.
7.3.20 Eco-Driving: Use eco-friendly driving practices, such as efficient acceleration to maximise range and reduce environmental impact.
7.3.21 Regular Maintenance: Report any mechanical issues promptly to ensure the vehicle's safety and performance. Make the vehicle available for a bi-weekly scheduled maintenance.
7.3.22 Checklists: Checklists are to be followed diligently and religiously and should be shared with Voltium on a daily basis after the last ride of the day.
7.3.23 Swappable batteries vehicle: The battery must be swapped when it reaches 15%. Hirer must make sure that the battery percentage isn’t less than 5% when the Hirer arrives at the swapping station.
7.3.24 MCB Operation: The MCB under the seat is switched OFF when the vehicle is parked. And the battery percentage meter is off.

7.4 Damage Assessment and Repairs-

7.4.1 Voltium will assess the damage or loss of the vehicle promptly after receiving a report from Hirer.
7.4.2 Voltium reserves the right to choose the repair facility and approve the repair costs.
7.4.3 Hirer may be liable for repair costs related to any damage or loss not covered by insurance, up to the full value of the repairs.
7.4.4 Any assessment regarding the usability, damage and/or loss will be made after going through the information provided in the checklist. Contradictory information will absolve Voltium of any liabilities.

8. LATE RETURN POLICY

8.1 Late Return Charges -

In the event that the Vehicle is not returned by the agreed-upon return date and time specified in Agreement, Hirer shall be subject to late return charges. These charges are calculated on Rs. 450 per day basis and will accrue for each additional day till the vehicle is not returned.

8.2 Notification of Late Return -

Hirer must notify Voltium as soon as they become aware that they will not be able to return the vehicle on time. Failure to notify Voltium about a late return may result in additional penalties.

8.3 Late Payment Charges-

Late payment charges will be calculated as Rs. 100 per day up and over the lease charges. If the payment hasn’t been done within a week, an interest of 18% will be charged up and over the total amount overdue. After the second week, the scooter will be locked and if it is needed to be retrieved then that cost will be attributed to Hirer, including but not limited to collection fees, legal fees, and court costs, associated with the recovery of unpaid amounts.

8.4 Lease Extension -

If Hirer wishes to extend the lease period, they must contact Voltium in advance and obtain a written approval for the extension through email. Late return charges will still apply if the vehicle is not returned by the extended return date and time.

8.5 Waiver of Late Return Charges -

Voltium may, at its discretion, waive or reduce the late return charges in certain circumstances, such as if the delay is due to unforeseen circumstances or factors beyond Hirer’s control. Hirer must provide a valid explanation and supporting documentation, if necessary, to be considered for a waiver or reduction of charges.

8.6 Legal Action -

Failure to pay the late return charges within a reasonable period may result in Voltium taking legal action to recover the outstanding amount, including any and all associated legal costs.

9. TERMINATION OF CONTRACT

By renting the Vehicle, Hirer agrees to be bound by the following terms and conditions:
9.1 Lease Period - The contract between Voltium Electric Mobility Private Limited and Hirer is concluded for an agreed period as specified in Agreement unless a written permission is obtained from Voltium.
9.2 Termination by the Company- The Company reserves the right to terminate Agreement at any time and with immediate effect (by disabling Hirer's use of the Service) under the following circumstances:
(a) Hirer violates or breaches any term of these Terms and Conditions.
(b) The Company, at its sole discretion, determines that Hirer has misused the Service.
9.3 Termination Notice- The Company is obliged to provide an advance notice of contract termination 7 days before in case of individual. However, in the event of termination, the Company will promptly notify Hirer about the termination and the reasons behind it.
9.4 Force Majeure - Neither party shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lockouts, riots, rebellions, accidental explosions, floods, storms, acts of God, and similar occurrences.
9.5 Termination by Hirer – Hirer must inform Voltium Electric Mobility Private Limited at least 15 days in advance if Hirer wishes to terminate the contract before the agreed period. In the event of termination by Hirer before the agreed period, Hirer shall forfeit the security amount they deposited at the beginning of Agreement

10. THIRD PARTY LINKS

The website or application may contain links to third-party websites operated by entities other than the company. Clicking on these links will take Hirer away from the website or application, and the company has no control over the content or activities on those external sites. Similarly, there may be links to third-party advertisers or sponsors, and the company has no control over these external websites either. Interactions or transactions with these third parties are at Hirer’s own risk. The external websites may use cookies, collect data, or request personal information, so it's important to review their terms of use and privacy policies to understand how Hirer’s information is handled before using them. This helps Hirer make informed decisions about sharing Hirer’s data and engaging with those third-party websites.
Similarly, while using the website or application, Hirer might come across links that lead to third-party riders, advertisers, or sponsors who showcase their goods or services. These links can take Hirer away from the website, application, or the service provided by Voltium Electric Mobility Private Limited. It's important to recognize that the company has no control over these external websites, and any interactions or transactions Hirer engage in with them are at Hirer’s own risk.

11. GOVERNING LAW AND JURISDICTION

Agreement shall be governed by and construed exclusively in accordance with laws of India, without reference to its principles of conflict of laws and the courts at, the courts in New Delhi at N.C.T of Delhi shall have exclusive jurisdiction in relation to any dispute arising out of or in respect of Agreement. Any disputes arising out of or in connection with Agreement shall be subject to the exclusive jurisdiction of the courts in the above jurisdiction.

12. ENTIRE AGREEMENT

Agreement constitutes the entire understanding between the Company and Hirer regarding the lease of the Vehicle and supersedes all prior agreements, understandings, or representations, whether oral or written.

13. AMENDMENT

These Terms of Use may be amended from time to time and as and when required, at the discretion of Voltium Electric Mobility Private Limited. The amendments will be shared with Hirer before being implemented. Hirer have to reply with ‘I Agree’ to the amendment. If no reply is received within seven days, it will be considered as an agreement.

14. Maintenance and repair by Voltium

14.1 Comprehensive Maintenance Services: Voltium Electric Mobility Private Limited will offer comprehensive maintenance services, including regular weekly check-ups and preventive maintenance to ensure the optimal performance and longevity of the leased electric vehicles.
14.2 Charging Infrastructure Assistance: Voltium will provide guidance and support for setting up and maintaining charging infrastructure at the hirer's location, ensuring that the leased EVs are always ready for use.
14.3 Vehicle Replacement during Extended Repairs: In the event of extensive repairs that render the leased EV unavailable for an extended period, Voltium will offer a replacement vehicle to ensure the hirer's mobility needs are met.
14.4 Driver Training: Voltium will provide training sessions for drivers to maximise their understanding of EV operation, including efficient driving techniques, charging practices, and how to use the features of the leased electric vehicles.
14.5 Damaged Parts and Repair Costs: The cost of damaged parts and repair services will be charged as per the invoices generated.
14.6 Breakdown Assistance: In case of a breakdown, breakdown assistance will be provided to address the issue.
14.7 Vehicle Transportation: If the vehicle is in movable condition during a breakdown, it is the rider's responsibility to bring the vehicle to the service station of Voltium for any service and repair.
14.8 Issue Reporting: The Hirer is requested to instruct the riders to maintain a list of issues that the riders have faced during the operation of the leased vehicles. All the listed issues will be taken note of during periodic inspection. Voltium’s service team will also be in contact with the riders for the same.
14.9 Turnaround Time (TAT): TAT is kept around 3 hours for minor repairs and 24 hours for major repairs. Please note that this might vary depending on the scope of repair and maintenance and the task. If the issue isn’t solved in 48 hours, a replacement will be provided. In case of an accident, a replacement will be provided in 24 hours (if available).

15. PENALITES

Anything not listed below will be charged as per the bill.
15.1 Traffic and parking violations - Full fine amount to be borne by Hirer
15.2 Helmet - Loss of Helmet is chargeable at ₹500 per piece
15.3 Towing and impounding - cost if caused by vehicle failure. Full cost if caused by user negligence.
15.4 Vehicle damage / scratches / dents - unintentional/accidental damage will be charged as per the actual bill amount.
15.5 Vehicle Limits - Vehicle is to be driven within the state which it is registered in. Any violation of the same will make Hirer responsible for any incident/government fines and penalties that might be incurred.

16. UNDERTAKING AND INDEMNITY

Hirer acknowledges and accepts the undertaking and liability as set forth in Annexure 1 (to be provided in hard copy at the time of pickup). Hirer understands that Annexure 1 contains additional terms and conditions pertaining to Agreement, including but not limited to insurance coverage, limitations on use, maintenance responsibilities, and penalties for breach of contract. By signing Agreement, Hirer confirms that they have reviewed and agreed to comply with the terms and conditions outlined in Annexure 1, thereby assuming full responsibility and liability as stated therein.

ANNEXURE 2

UNDERTAKING AND LIABILITY
The term of the Undertaking and Indemnity Agreement runs from the date and hour of vehicle pick up as indicated in Annexure 1 until the return of the vehicle to Voltium, and completion of all the rights and obligations by both the parties. I hereby undertake and agree to comply with all the terms and conditions set forth by Voltium Electric Mobility regarding the lease of the vehicle. I understand that any violation of the terms and conditions may result in penalties, charges, and potential legal consequences. Furthermore, I acknowledge that during the lease period, I bear full responsibility for the vehicle's safe operation and use. I hereby indemnify and hold harmless Voltium Electric Mobility, its agents, employees, and affiliates from any and all claims, damages, losses, liabilities, costs, and expenses, including but not limited to legal fees, arising from my use, possession, or operation of the Vehicle. This indemnity shall extend to any third parties affected by my use of the vehicle. I also acknowledge that I am responsible for any damage or loss that may occur to the Vehicle during the lease period, including but not limited to accidents, collisions, theft, or vandalism. I agree to report any such incidents promptly to the appropriate authorities and to Voltium Electric Mobility. In the event of any damage, loss, or accident involving the Vehicle, I agree to bear the costs of repair, replacement, or any other related expenses. I understand that these costs may include, but are not limited to, the deductible amount specified in Agreement, towing charges, and any other fees associated with the repair or recovery of the vehicle. This undertaking and indemnity shall be binding upon me, my heirs, executors, administrators, successors, and assigns.