Terms & Conditions
Last updated: June 30, 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.
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.
PARTIES TO THE AGREEMENT
VOLTIUM ELECTRIC MOBILITY PRIVATE LIMITED (hereinafter referred to as ‘Voltium’ or ‘Company’ or ‘Lessor’), 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
- Hirer agrees to operate the Vehicle in a responsible and legal manner, complying with all applicable traffic laws and regulations.
- Hirer shall not allow any unauthorized individuals to drive the Vehicle.
- 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.
- 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
- Hirer is responsible for maintaining the Vehicle in good condition and must promptly notify Voltium of any mechanical issues or damages.
- Hirer agrees to return the vehicle in the same condition as it was received, taking into account normal wear and tear.
- 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
- 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 must also provide a written report detailing the entire events of the accident in the minutest detail.
- 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.
3.5 Prohibited Activities
- Hirer are strictly prohibited from participating in any type of speed contests, competitions, racing, or adventurous activities while using the vehicle.
- 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 Reservation Fee
Secure a reservation, a non-refundable 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.
4.2 Lease Charges
- Hirer agrees to pay the lease charges as specified in Agreement.
- All lease charges are due and payable before or upon the pickup of the vehicle.
4.3 Late Fees
- Hirer is responsible for returning the vehicle by the agreed-upon date and time.
- Late returns may result in additional charges, calculated on an hourly or daily basis.
- If Hirer anticipates a delay in returning the vehicle, they must notify Voltium in advance.
4.4 Non-Payment and Collection Costs
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. Hirer agrees to be responsible for any costs incurred by Voltium (collection fees, legal fees, court costs).
5. SECURITY DEPOSIT, PRE – PAYMENT AND CANCELLATION POLICIES
Security Deposit
₹3,000
Hirer will be required to provide a security deposit of ₹3000 to Voltium. 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
Hirer acknowledges that the level of charge power in the Vehicle will decrease with use. Voltium does not guarantee the distance/time of operation. Hirer assumes all risks associated with the use of the Vehicle.
6.1 Checking Charge Level
It is Hirer’s responsibility to check the level of charge in the Vehicle before initiating operation.
6.2 Safe Operation Responsibility
Hirer is solely and fully responsible for the safe operation of the vehicle at all times. 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.
6.3 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 vehicle 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
7.1 Vehicle Condition
Voltium shall provide Hirer with a vehicle in good working condition. Hirer acknowledges receiving the vehicle in the specified condition and must inspect it thoroughly for any pre-existing damage. Failure to report pre-existing damage may result in Hirer being held responsible.
7.2 Reporting Damage or Loss
Hirer must report (within 24 hours) any damage, accident, or loss of, or to, the vehicle to Voltium and local authorities (if necessary). In case of theft, Voltium will assist the Hirer but the onus is on the Hirer to follow proper channels.
7.3 Hirer’s Responsibility (Detailed)
- Cleanliness: Hirer is responsible for maintaining proper cleanliness.
- Checklists: Daily visual inspections using a provided checklist are required. Must be shared with Voltium every 7 days.
- Rain Caution: Batteries and motor are not waterproof. Damage due to water ingress is the hirer's responsibility.
- Swappable Batteries: Battery must be swapped when it reaches 15%. Do not arrive at station with less than 5%.
- MCB Operation: MCB under the seat must be OFF when parked.
- Fire: In case of fire, park the vehicle, remove belongings and company property.
7.4 Damage Assessment
Voltium will assess the damage promptly. Any assessment regarding usability will be made after going through the checklist information. Contradictory information will absolve Voltium of liabilities.
8. LATE RETURN POLICY
| Violation | Charge / Penalty |
|---|---|
| Late Return (Per Day) | ₹ 450 |
| Late Payment (Per Day) | ₹ 100 |
| Interest (After 1 week overdue) | 18% p.a. |
9. TERMINATION OF CONTRACT
- By Company: Immediate effect if Hirer violates terms or misuses service. 7 days notice required for individual terminations.
- By Hirer: 15 days advance notice required. Security amount forfeited if terminated before agreed period.
- Force Majeure: Neither party responsible for delays beyond reasonable control.
10. THIRD PARTY LINKS
The website may contain links to third-party websites. Voltium has no control over these sites. Interactions are at Hirer’s own risk.
11. GOVERNING LAW AND JURISDICTION
Agreement governed by laws of India. Courts in New Delhi at N.C.T of Delhi shall have exclusive jurisdiction.
12-13. ENTIRE AGREEMENT & AMENDMENT
Agreement constitutes the entire understanding. Amendments will be shared with Hirer. If no reply within seven days, it will be considered as an agreement.
14. MAINTENANCE AND REPAIR BY VOLTIUM
- Comprehensive Maintenance: Weekly check-ups and preventive maintenance.
- Vehicle Replacement: Provided if EV unavailable for extended period.
- Turnaround Time (TAT): ~3 hours for minor repairs, 24 hours for major. Replacement provided if issue unsolved in 48 hours.
- Costs: Damaged parts and repair costs charged as per invoices.
15. PENALTIES
- Traffic/Parking violations: Full fine amount borne by Hirer.
- Helmet Loss: ₹500 per piece.
- Towing/Impounding: Full cost if caused by negligence.
- Vehicle Limits: Drive only within the state of registration.
16. UNDERTAKING AND INDEMNITY
Hirer acknowledges and accepts the undertaking and liability as set forth in Annexure 1 (provided in hard copy at pickup).
ANNEXURE 2: UNDERTAKING AND LIABILITY
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 may result in penalties. I indemnify and hold harmless Voltium Electric Mobility, its agents, employees, and affiliates from any and all claims, damages, losses, liabilities, costs, and expenses arising from my use of the Vehicle. I am responsible for any damage or loss that may occur to the Vehicle during the lease period.