Definitions and InterpretationsDefinitions Unless the context otherwise requires, the following capitalized words as used in these Terms shall have the meaning as respectively assigned to such terms hereunder: “Applicable Laws” shall mean and include, all applicable statutes, enactments, acts of legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental Authority (as defined below), tribunal, board, court or a recognized stock exchange of India; “Governmental Authority” means any governmental or statutory authority, government department, agency, commission, board, tribunal, court or other entity, authority or body authorized to exercise legislative, judicial, regulatory or administrative functions of, or pertaining to, a government or any state or other subdivision thereof or any municipality, district or other subdivision thereof having jurisdiction pursuant to Applicable Laws; “User” shall mean any person who has formally enrolled to use EVM Wheels vehicles and/or services, pursuant to the completion of usage formalities and acceptance of the terms and conditions as set out herein. “Non-Reserving User” is a user who has not formally enrolled with EVM Wheels to use EVM Wheels vehicles and/or services, pursuant to the completion of usage formalities and acceptance of the terms and conditions as set out herein . “Reserving User” shall have the meaning to use EVM Wheels vehicles and/or services, pursuant to the completion of usage formalities and acceptance of the terms and conditions as set out herein. EVM Wheels Vehicle” shall mean a vehicle provided by EVM Wheels for rental to its Users on the terms and conditions as set out herein. “Scheme” shall mean the EVM Wheels car-club scheme as floated by EVM Wheels pursuant to which the EVM Wheels Vehicles are provided to Users for self drive purpose. “Terms” shall mean these terms and conditions as may be updated, altered, modified, novated, substituted or replaced from time to time; “Website” shall have the meaning as set out in the section above. Interpretations In these Terms (including its Recitals, Clauses and Schedules), except where the context requires otherwise, these Terms will be interpreted as follows-:
The provision of vehicles to the User is subject to the acceptance by the User of all the terms and conditions as set out herein. In the event that the User does not accept any term and/or condition as provided herein or as may be amended, the User will not be authorized to use any vehicles or services provided by EVM Wheels. For the avoidance of doubt it is clarified that use of any vehicles or services provided by EVM Wheels would signify an acceptance by the User of all the terms and conditions including as set out herein including any terms and conditions as may be amended, substituted or novated from time to time.
Enrollment As UserBy accepting these Terms and Conditions, the User has agreed to enroll as a User under the Scheme to avail the facility for rental of EVM Wheels Vehicles. The User further acknowledges and understands that he/she shall not at any time challenge any of the provisions of these Terms or the contents of the Website on the premise that the terms and conditions have not been read by the User or that the User is not aware of the enrollment formalities or that the User has not understood any provision of these Terms or the procedures, formalities, benefits rights and/or obligations as contained on the Website. There is no difference between User & Customer. User is a person who registered with EVM Wheels and customer is a person who hired the vehicle.
Persons eligible to enroll as UsersAny person desirous of enrolling as a User with the EVM Wheels will need to satisfy the following eligibility criteria prior to enrollment:
Enrollment FormalitiesFor the purpose of enrollment, the User shall be required to provide the necessary particulars, as indicated by EVM Wheels representatives. The User shall be required to provide the following documents to EVM Wheels representatives:
EVM Wheels reserves the right to refuse acceptance of any person as a User without assigning any reason thereto. It is clarified that in the event that any person is rejected as a User, he/ she shall not be permitted to use or rent any EVM Wheels Vehicle.
Booking of EVM Wheels VehiclesThe Users may choose from the vehicles which are available on the Website for the purpose of booking a EVM Wheels Vehicle. At the time of booking, the Users will be required to:
In case a User wishes to cancel a reservation or shorten the period for which a vehicle has been reserved, he must do so in advance, as outlined in the Fee Policy
If a User wishes to extend a reservation, such User is required to communicate request for extension to EVM Wheels prior to the timeline outlined in the Fee Policy. EVM Wheels shall have the sole discretion to allow such extension or refuse the same. A request for extension will only be permitted where:
Scope of services provided by EVM WheelsUpon payment of the fees in advance, EVM wheels is responsible to provide the following services to the User:
Persons Permitted to use/rent EVM Wheels VehiclesThe EVM Wheels Vehicles shall be provided on rental basis only to eligible Users. Notwithstanding anything stated herein, EVM Wheels shall have the sole discretion to refuse to provide any EVM Wheels Vehicle to any Users. Users shall ensure that the EVM Wheels Vehicles shall not be driven by, or provided for use to, any person whose eligibility has not been deemed as valid by EVM Wheels Any User to whom a EVM Wheels Vehicle is provided by EVM Wheels on rental basis (“Reserving User”) may allow another User to drive such EVM Wheels Vehicle (“Non-Reserving User”) subject to the following conditions:
Prohibited Use of EVM Wheels VehiclesUsers shall not be permitted to use the EVM Wheels Vehicles under the following conditions and/or for the purposes mentioned hereunder. These examples are not intended to be exhaustive. Any unreasonable or inappropriate use of a EVM Wheels Vehicle, as determined by EVM Wheels in its sole discretion, may be deemed a violation of these Terms and Conditions:
Obligations of the UserBy accepting the Terms as set out herein, the User hereby authorizes EVM Wheels to obtain the User's driving records from the jurisdiction in which the User is licensed.
User shall be responsible for providing and maintaining their account information with EVM Wheels including details such as their current email, mobile number, address, and such other information as may be necessary for the purposes of this agreement.
Users shall be responsible for keeping any EVM Wheels -related password and/or PIN numbers in strict confidence and to not make passwords or PINs available to third-parties,. Should a PIN or password be reduced to written or electronic form, the User will be responsible for any associated costs and/or damages in connection with unauthorized use by third-parties. If a User has reason to believe that a third-party may have obtained unauthorized knowledge of a password and/or PIN, User agrees to change the compromised password and/or PIN as per the procedure provided on the Website.
When using a vehicle, every User must follow the owner's manual instructions provided in the vehicle’s glove compartment. If a problem arises that prevents or limits the use of the vehicle or that may compromise people's safety, every User must immediately notify EVM Wheels and follow the instructions provided by EVM Wheels
Vehicle Pick-Up and Return
Stolen vehicles Information about stolen vehicles or stolen parts of the EVM Wheels Vehicle must be immediately reported by the User to the nearest police station with a detailed written complaint based on actual facts and a copy of the acknowledged complaint should be provided by the User to EVM Wheels . Users shall ensure that such information about lost vehicles 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 EVM Wheels . The User will be liable for any loss due to a discrepant, inconsistent or distorted complaint by the User.
Breakdown or Incidents
Roadside AssistanceEVM Wheels makes reasonable best efforts to provide roadside assistance support in all cases. If, however, a User's need for Roadside Assistance results from a breach of these Terms and Conditions, the User may be charged for the full costs of the service.
Payments PolicyThe Users will be required to pay the Fees for the duration specified by the Users at the time when such booking is being made, or at the time of physical delivery of the EVM Wheels Vehicle to the User. The Fees shall be such as specified on the Website, for each EVM Wheels Vehicle and may be accessed by the User.
Payments by the User may be made with the use of credit card / debit card or other net banking facilities. User is under an obligation to ensure that the account from which the amounts are to be collected have sufficient funds or credit available to cover any charges. The User is solely responsible for any associated bank or credit card charges or fees. The User may be charged a processing fee for a declined credit or debit card payment.
In the event the User defaults on any payments, EVM Wheels is entitled to charge remainder fees and default interest at the rate of 24% per annum. In addition, EVM Wheels may utilize third parties to collect amounts owed to EVM Wheels by a User. EVM Wheels reserves the right to report the delay to credit rating agencies
With all fees mentioned above, EVM Wheels reserves the right to prohibit a User from making a subsequent reservation until all outstanding fees in the User's account have been paid in full. In the event a fee is incurred, Users will receive an email invoice from EVM Wheels that will have detailed payment instructions.
Subject to User's compliance with the Terms and Conditions of this agreement, EVM Wheels shall provide primary liability protection, which is to the extent of claims and/or liabilities covered by EVM Wheels vehicle insurance, on EVM Wheels vehicles for claims and/or liabilities arising out of the use or operation of the vehicle by the User.
For any associated deductible charges that are attributable to the User, and for losses that exceed the User's coverage provided by EVM Wheels , User shall be responsible. Liability protection excludes any claim made by the User himself, or the user's immediate family members, or by the passengers in the EVM Wheels vehicle at the time of the incident.
EVM Wheels is not responsible for any damage to, loss or theft of, any personal property belonging to User or third-parties, regardless of fault or negligence
Under no circumstances will EVM Wheels be liable to any 3rd party for indirect, incidental or consequential damages arising from the use of EVM Wheels Vehicles and services, including this agreement. EVM Wheels shall not be liable to the User for any indirect, incidental or consequential damages arising from the use of EVM Wheels Vehicles and services, including this agreement
Every User who shall fail to comply with the terms of this agreement shall be responsible for all applicable damages and costs arising from the User's failure.
Every User shall be liable for all costs, including fines for late payment and any processing fees added by the issuing municipality in case of any traffic violations including but not limited to parking, speeding, breaking red light, photo enforcement, and toll violations User shall forthwith pay the relevant fine/s to the authority concerned and provide EVM Wheels with the proof of such payment.
Revocation of LicenseShould any User's driver’s license expire or be revoked, authorization to drive EVM Wheels vehicles shall expire immediately. EVM Wheels shall be notified of such revocation by the User by e-mail forthwith upon such revocation.
Suspension/TerminationEVM Wheels may immediately suspend or terminate the use of its service by any User who does not meet EVM Wheels driving eligibility requirements or for any unreasonable or inappropriate use of a EVM Wheels vehicle, as determined by EVM Wheels in its sole discretion or for violation of any of provisions mentioned in this agreement.
EVM Wheels reserves the right, at its sole discretion, to suspend or terminate the use of its service by any User for inappropriate noises or driving feel, including but not limited to warning lamps, indicators, inappropriate sounds or smells, or performance changes.
EVM Wheels reserves all the right to cancel any booking and recall the vehicle at any point in time. Likewise. EVM Wheels reserves sole discretion in serving any individuals & organizations. EVM Wheels reserves the right, at its sole discretion, to suspend or terminate the use of its service by any User and shall charge a damage fee, a cleaning fee, or other applicable fees, if EVM Wheels is not notified of a problem at the start of reservation.
IndemnificationUser Indemnification and holds EVM Wheels 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 EVM Wheels arising from a breach of the Terms as specified herein:
PenaltyEvery User who violates the law or any of the provisions of this agreements or the rules setup by EVM Wheels and could face legal action and shall be responsible for all damages, liability, and fines as mentioned in the Tarif's section in the website.
Dispute ResolutionIn the event of any disputes, differences, controversies and questions directly or indirectly arising at any time hereafter between a User and EVM Wheels or their respective representatives or assigns under, out of, in connection with, or in relation to, these Terms (or the subject matter of these Terms) including, without limitation, all disputes, differences, controversies and questions relating to the validity, interpretation, construction, performance and enforcement of any provision of these Terms, (hereinafter referred to as a “Dispute”), the same shall be referred to binding arbitration at the request of the User or EVM Wheels , in writing, in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or alteration thereof for the time being in force. The arbitral tribunal shall comprise a sole arbitrator to be appointed by EVM Wheels whose decision in relation to any such Dispute shall be final and binding on the Parties hereto. The arbitration proceedings shall be conducted in the English language. The seat of arbitration shall be in Kerala. The costs of arbitration shall be fixed by the arbitral tribunal and the tribunal in the final award shall specify
No party or person involved in any way in the creation, coordination or operation of the arbitration of any Dispute may disclose the existence, content or results of the Dispute or any arbitration conducted under this Agreement in relation to that Dispute save as required in order to enforce this Clause and / or any arbitral award made pursuant to these Terms.
Governing LawThese Terms shall be governed by and interpreted and construed in accordance with the substantive laws of India, without regard to the conflict of laws provisions thereof. The courts in Ernakulam shall have exclusive jurisdiction on all matters pertaining to this Agreement. User must not aid or encourage the filing of any third-party claim or lawsuit against EVM Wheels, and User must cooperate fully with EVM Wheels and EVM Wheel’s insurer in the investigation and defense of any claim or lawsuit. User must immediately notify and deliver to EVM Wheels every summons, complaint, document, or notice of any kind received by User in any way relating to an accident, theft, or other circumstances related to the EVM Wheels vehicle.
SeverabilityIf any term, provision, covenant 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 these Terms had been executed with the invalid portion eliminated. The parties shall substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision. Customer represents that he or she has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in these Terms, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement. Waiver Failure to exercise and delay in the exercise of any right, power or privilege hereunder by the Company shall not operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or, remedies otherwise provided by Applicable Law. Assignment or Transfer The rights granted to the User under these Terms are not assignable or transferable, in whole or part. Any attempt to transfer any rights without the written consent of EVM Wheels shall be void and shall have no force and effect. EVM Wheels shall have the sole authority to assign this Agreement to an affiliate or to another entity in connection with any other corporate transaction.
Contact InformationIn case of any questions or concerns about the Policy or data processing, Users shall contact at: