AUTORIDERS MEMBER CONTRACT
This Agreement is a formal contract that sets the relationships, rights, and obligations between Autoriders International Limited (“Autoriders”) and the User; herewith binding upon both the parties It is mandatory for every member to accept the TERMS AND CONDITIONS OF THIS AGREEMENT for USE of any AUTORIDERS’S VEHICLES OR SERVICES.
A. INTIMATION OF INFORMATION CHANGE:
1. 1. Autoriders at its discretion, with prior intimation to the member powers the right to change the terms of this Agreement whenever feasible. This notice shall be deemed to be given when such notice has been indicated on the company website or the members access the first page once they log on to their account or by email to the Member’s email address provided to Autoriders in the Member’s application, or by SMS to the Member’s mobile number provided during the registration . The amended terms and conditions of this Agreement shall come into force and be followed on the date of amendment posted on the website or communicated to the member , whichever is earlier
2. 2. Once the above changes have been incorporated or the member has received any notification of change, every reservation would be done on the implicit belief of change by the member and the company would also treat it likewise, without any further doubt.
The following Terms and Conditions, considered as stipulations shall be binding upon both the parties, in case of debate, discussion or doubt; except otherwise set forth by Autoriders in writing.
B. RESERVATIONS/EXTENSIONS/CANCELLATIONS :
1. Reservations need to be done by the member in advance and Autoriders would provide the vehicle to the member with all endeavors in exchange of a fee . In case a vehicle is not available Autoriders would intimate the member well in advance of the same. In case there is an extension of reservation, Autoriders would extend it depending upon the free availability of vehicles
2. Cancellations and encapsulation of trips would also be needed to be intimated in advance to Autoriders and the applicable policies would fall in place accordingly.
C. DRIVING- CODE OF CONDUCT
1. Autoriders Members only would have the right to drive Autoriders vehicles. Non-Members would be prohibited from driving an Autoriders vehicle at any time. Non Members may drive a Autoriders vehicle that has been reserved by another Autoriders Member with the permission of the Member having carried out the reservation; however all fees and charges along with liabilities would be as per the governing rights of Autoriders towards a member .
2. Any member would be considered an Autoriders member only after the approval from Autoriders as a certified member. In case any member is holding a false, expired, revoked licence, his tenure as an Autoriders member stands expired from that date of expiry or revocation of licence. It is however the duty of the Member to promptly report to Autoriders any suspension or revocation of his/her driver’s license, or any problems related to the same in genuine spirit or any moving violation including but not limited to driving under the influence of any intoxication , mobile or reckless driving
3. Autoriders reserves the right to periodically check their Member’s driving records and at its sole discretion, to suspend or terminate the Membership of any Member who does not meet Autoriders driving eligibility requirements. In addition every member by default is expected to provide all the correct communication details for activation of his account, else his registration could be considered null and void.
4. Autoriders would issue a LOGIN and a PIN to every member for prompt logging into his /her account. The Member should take due care that the PIN is not misplaced or shared with a third party. In case the PIN has been shared with any outside party without the knowledge of Autoriders, the Member would be considered guilty of breach of trust and the damages would be paid by the Member. In case the PIN has been lost or misplaced, it is the duty of the Member to inform Autoriders in writing of the same, and bear all the expenses for generation of a different PIN.
D . SAFETY ON BOARD
1. Member is responsible for:
a. Wearing a seat belt;
b. Safeguarding children by properly using any child passenger restraint system that complies with the Motor Vehicle Safety Standards in the jurisdiction
E. PROMPT VEHICLE HANDLING
1. Autoriders vehicles can be used for all purposes except -
a. for commuting people without fee or operating a taxi service
b. any roadshow or race showing prowess of speed
c. any person driving under the influence of drug , alcohol, banned medical substance or stimulant that causes an imbalance in the sensory organs , or for pursuing any crime or illegal activity
d. for the purpose of towing or propelling any other vehicle
e. in a negligent or abusive manner that causes willful damage to the vehicle
f. by any person who has provided false or misleading information (including, without limitation, regarding his name, age, or address);
g. driving in any area outside the jurisdiction of Autoriders geographical limit
h. driving with the use of mobile for call or SMS that causes hindrance to driving ;
i. Using the Autoriders vehicle for transporting hazardous and inflammable goods
j. The total number of people travelling including the member should not exceed the official seating capacity of the vehicle as per the Motor Vehicle Act.
2. The foregoing examples are not intended to be exhaustive. In case the vehicle is used inappropriately or for a purpose stated above, Autoriders has the obligation to report it to the concerned appellate authority or to the local/national or international body governing the rule in question
3. In case of the above, Autoriders may also terminate or suspend the member for the same, after a due diligence, and the member would be held liable for all the damages that have arisen for the same towards the company.
F . VEHICLE MANAGEMENT
1. The vehicle should be picked from the designated Autoriders parking space and return it secured, clean, and in good working order, to the correct and designated Autoriders space by no later than the end time of the members reservation.
2. Prior to taking possession of a vehicle, you must do an exterior walk-around and an interior look-over. Before driving the vehicle, you must advise Autoriders of any damage or abnormality encountered on the vehicle or in the operation of the vehicle. If Autoriders 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, damage to the vehicle or lack of cleanliness. The member be charged a damage fee, a cleaning fee, or other applicable fees, and Autoriders may suspend, or may even terminate your membership.
3. The member must leave the 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. The member must advise Autoriders immediately if you fail to leave the key/fob/starting device, parking pass or toll payment pass (if applicable in the vehicle. If the member fails to do so and this causes inconvenience to another member, he/she will be charged the hourly rate for the vehicle until the key/key fob/starting device/parking pass/toll payment pass is returned and you will remain responsible for the vehicle during such period.
4. The end of the trip is initiated by the Member using either a) specific commands within Autoriders mobile application or b) an SMS message to Autoriders provided number to notify of such end.
5. Members are responsible for all charges and costs incurred related to the Autoriders vehicle for the entire period of the reservation and until the vehicle is returned, secured, closed, locked and serviceable to its designated location.
6. Members are required to report to Autoriders 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.
7. Autoriders vehicles if stolen must be immediately reported to Autoriders and the nearest police station with a detailed written complaint based on actual facts. Members 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 Autoriders. The Member will be liable for any loss due to such an incident
G. VEHICLE SECURITY
1. The member should take all due care to secure the vehicle at all appropriate junctures such as parking, transitioning or isolation of the vehicle .
a. The windows should be closed; the central lock should fall into place. In case of no central lock facility the remote facility should be used. In the event of non-existence of remote or central lock, the Member should manually lock the vehicle. In case of any damages arising due to non-compliance of the above, the Member would be responsible for all the damages accrued without any further debate or discussion.
b. Members should take full responsibility of their belongings. In case any Member claims to have left back any baggage or device in the Autoriders vehicle after the Member completes his/her trip, Autoriders shall try to locate the lost belongings on a "best-effort" basis provided the Member notifies Autoriders of the same within reasonable time, but Autoriders shall not be held responsible for such loss or damage.
H. VEHICLE UPKEEP
1. Autoriders will perform all necessary and required routine maintenance on all of its vehicles. However, Members are responsible for the cleanliness of vehicles and are expected to assist in helping Autoriders to maintain the driving safety and performance of the vehicle, in particular during longer reservations or when the vehicle indicates that service or maintenance is required.
2. In the event of any noise or uncomfortable driving feel, it must be reported to Autoriders as soon as noted. Failure to report such irregularities during the use of an Autoriders vehicle may result in such Member + "" s immediate suspension or termination of the Member + "" s Contract
3. Tobacco use is absolutely prohibited in Autoriders vehicles. It is also informed that combustion of any substance within the vehicle is also totally banned.
4. Pets are absolutely prohibited in Autoriders vehicles unless expressly intimated to Autoriders before the reservation and subject to approval from Autoriders at their own discretion
I. VEHICLE BREAKDOWN
1. The member is deemed to drive the vehicle as per the instruction guide in the vehicle. In case of incidents such as breakdown , jump start , failure of any part of the vehicle that compromises on driving safety or any similar incident , the Member has to call on 011 45450000
2. Members would or would not have to pay for towing, repairs, and other expenses in some circumstances which would be decided by the Autoriders representative.
3. In case of an incident involving property damage or any third party loss , the Member must fill out an official police report obtain the following information:
a. Date, time, and place of incident;
b. The license plate numbers of any other vehicles involved,
c. The names, addresses, and driver + "" s license numbers of the persons involved in the incident;
d. The name, address, and driver + "" s license number of the owner of the vehicle (if he or she is not the driver);
e. The name, addresses, and phone number of witnesses, passengers, and any other involved persons;
f. Circumstances of the incident describing immediate surrounding environment and car position prior to the incident; and
g. A police report is required regardless of liability or fault. Members shall specify in their detailed written complaint to the police the actual facts only, otherwise it could lead to personal liability damage
4. .. Members must provide to Autoriders and any other claims adjustment service with the findings of any report or any notice relating to a claim or a lawsuit against Autoriders regarding any incident involving a Autoriders vehicle. Members agree to cooperate fully with Autoriders in the investigation and defense of any such claim or lawsuit. A Member + "" s accounts will be suspended until the investigation has been concluded.
5. The Member shall be responsible for the costs related to the repair, recovery, and loss of use of any Autoriders vehicle resulting from any of the foregoing, up to the current Damage Fee as set forth in the Fee Policy
J. TRAFFIC RULE ADHERENCE
1. Member is responsible for any traffic violations incurred during use of an Autoriders vehicle such as wrong parking, speeding, using mobile while driving, breaking red light, photo enforcement, and toll violations. The Member would be fully liable for the PENALTY OR FINE and any other subsidiary payments incidental and ancillary to the violation. The Member should pay the fine and submit the proof of payment to Autoriders authorized representative.
2. The Member must notify Autoriders of any traffic violation notices found on a vehicle at the time of parking or vehicle pick up. All unreported traffic violations will be the responsibility of a Member.
K . INSURANCE
1.MEMBER DEDUCTIBLE OBLIGATION:
a. If Member is in compliance with the Terms and Conditions of the Autoriders POLICIES, Autoriders shall provide primary liability protection, UPTO the extent of claims / liabilities covered by Autoriders vehicle insurer, on Autoriders vehicles for claims and/or liabilities arising out of the use or operation of the vehicle. MEMBER WILL BE RESPONSIBLE FOR ANY ASSOCIATED DEDUCTIBLE PERSONALLY ATTRIBUTABLE TO THE MEMBER.
b. If at any time it is determined that losses will exceed the Member’s coverage provided by Autoriders, Member will be responsible for the excess.
c. Autoriders is not responsible for any damage, loss or theft of, any personal property belonging to Member or third-parties, regardless of fault or negligence.
LIABILITY PROTECTION APPLIES ONLY TO CLAIMS OF THIRD-PARTY BODILY INJURY, DEATH OR PROPERTY DAMAGE, OTHER THAN TO THE VEHICLE, ARISING FROM THE USE OF THE AUTORIDERS VEHICLE AS PERMITTED BY THIS AGREEMENT AND APPLICABLE LAW. ANY SUCH PROTECTION EXCLUDES ANY CLAIM MADE BY MEMBER, OR MEMBER’S IMMEDIATE FAMILY MEMBERS WHO PERMANENTLY LIVE WITH MEMBER OR IS TRAVELLING WITH MEMBER AT THE TIME OF INCIDENT.
INDEMNIFICATION. MEMBER INDEMNIFIES AND HOLDS AUTORIDERS, ITS PARENT AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, ATTORNEYS, ASSIGNS AND SUCCESSORS-IN-INTEREST, HARMLESS FOR ALL LOSSES, LIABILITIES, DAMAGES, INJURIES, CLAIMS, DEMANDS, COSTS, ATTORNEY FEES, AND OTHER EXPENSES INCURRED BY AUTORIDERS (A “LOSS”) ARISING FROM: (1) THE USE OR POSSESSION OF THE AUTORIDERS VEHICLE BY THE MEMBER AND (2) THE MEMBER’S NON-COMPLIANCE WITH THIS AGREEMENT.
MEMBER SHALL HAVE FINAL RESPONSIBILITY TO AUTORIDERS FOR ALL SUCH LOSSES. THIS OBLIGATION MAY BE LIMITED TO THE EXTENT AUTORIDERS’S COVERAGE APPLIES. AUTORIDERS SHALL NOT BE LIABLE TO MEMBER FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING FROM OR RELATED TO THE AUTORIDERS VEHICLE, ITS USE, OR THIS AGREEMENT.
This Agreement is intended for the benefit of Member and Autoriders and no other party may claim rights hereunder, whether as a third-party beneficiary or otherwise.
M. CONFIDENTIALITY OF MEMBER DATA
1. Member’s personal data would be used for account creation administrative purposes and implementation of this Agreement for the Member’s use of the Autoriders vehicle.
2. In case a third-party service be used, Autoriders would forward to the third-party service provider the Member’s personal data, to the extent that is required in order to fulfill membership or use requirements.
3. Autoriders is entitled to provide Member’s personal data to third-parties for the purposes of providing individualized offers, services, and other customized information to Members.
4. Autoriders shall implement and maintain reasonable confidentiality of the member’s data at all points of time
1. In case of any dispute arising which may be instituted before any court of law, between Autoriders and the Member the courts under the jurisdiction of Mumbai, Maharashtra would preside over the law suit.
2. The Member is bound to pay Autoriders reasonable attorneys + "" fees and costs in any legal proceeding relating to this Agreement, including appeals.
3. In case the Member encourages the filing of any third-party claim or lawsuit against Autoriders, he would be terminated and disciplinary proceedings would be instituted
4. In case of any summons, complaint, document, or notice of any kind received by any Member in any way relating to an accident, theft, or other circumstances related to the Autoriders vehicle, he /she should notify the same to the Autoriders Authorized representative.
O. SEVERABILITY & INTEGRATION OF TERMS
If any term, provision, or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. The Parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
P. NULL WAIVER
There would be no term that may be waived or changed, except in writing and subject to discussion and approval from both the parties represented by the Member and Autoriders Authorized representative respectively
Q. MEMBER RIGHTS NON TRANSFERABLE
All rights given to a Member are non-transferable at any cost, unless specifically given in writing through a valid application and authorized by Autoriders. In case of any dispute arising out of the following regarding violation of Member rights, the courts of Mumbai jurisdiction would hold good.
No Member would be Autoriders agent, servant, or employee in any manner for any purpose whatsoever.