Terms and Conditions

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Terms and Conditions

A. CONTRACTUAL RELATIONSHIP

These Terms and Conditions of Use ( “ Terms”) govern the use/ access by you/user, an individual, resident of India, of website, services, products, content, applications, ( together or separately the “Services”) made available by YAANA SMART TECHNOLOGIES Pvt. LTD referred as Yaana,(a private limited company, having their address at # 13476, WARD NO.23, BLOCK NO.18, GANDHI NAGAR,, KOPPAL, Koppal, Karnataka, India, 583231) By agreeing to register yourself as an User, you agree and state that you have read these Terms and Conditions before accessing or using the Services. Your access and use of the Services constitute your consent to be bound by these Terms and this establishes a contractual relationship between you and Yaana.

These Terms expressly supersede any prior agreements you may havehad with Yaana.

Yaana may add, alter, amend, change any part of these Terms related to the Services from time to time. Any such amendments will be effective upon Yaana posting these updated/amended Terms, at this location. Your continued access and use of the Services after such posting constitutes your consent to be bound by the Terms as amended.

You, the user understand and agree that Yaana may immediately terminate their Services and Terms, either generally or with respect to you or deny access to Services or any part of the Services, at any time and for any reason.

B. SERVICES

The Services constitutes a technology application interface that enables you, the user of Yaana’s mobile application / website provided as part of the Services, to rent a bicycle. The Services are made available only for the personal, non-commercial use by you. You agree that the Services are made accessible subject to the availability of the Bicycles at the time and location required.

The Services and all rights accruing therein remain Yaana’s property. Use of the Services or these terms does not convey or grant you any rights in or related to the Services except for the limited license granted herein.

Subject to your compliance with these Terms, Yaana grants a limited, non exclusive, non transferable, revocable license, to (a) access and use the Applications on your personal devise only in connection with your use of the Services, and (b) access and use any content, information that may be made available through your use of the Services in your personal and non- commercial usage.

The Services may be made available or accessed in connection with third party services and content that Yaana does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Yaana does not endorse such third party services and content and shall not be responsible or liable for any products or services of such third party. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

C. PRIVACY POLICY

You agree that when you register for use and access of the Services, the information and details provided by your for the purposes of registration, will be retained by Yaana. Yaana also automatically receives your computer’s internet protocol (IP) address. While Yaana retains, collects and stores the personal information, Yaana will not knowingly share these details with any third party without your consent. Yaana may disclose your personal information if we are required by law to do so or if you violate our Terms.

You consent to receiving emails from Yaana about our store, new products, additional services and other updates, including promotional information.

You also consent to our collecting you credit card details, shared at the time of registration, which we shall use for the specific purpose of verification and payments on our applications and for no other purposes.

You consent that any third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us on our platform. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, you are responsible to read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. You agree to be bound to such privacy policies of the third party providers.

You agree that , certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

You also agree that once you leave our website/ application and/ or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service, until such time you are directed back to our application/ website. You agree that when you click on links on our website and/or application, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. However, despite the industry best practices, if there be any data loss, transmission, alteration, disclosure, Yaana is not liable for the use, access of such data by any other third party.

If Yaana makes material changes to our privacy policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our Services are acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

You agree that you shall be solely responsible for safeguarding the your password and the PIN/Codes sent to your account. You may change the personal data of your account. Should you have reason to believe that your user data has been compromised or misused, you are to forthwith inform Yaana of this fact immediately, by writing to support@yaana.bike.

D. USE OF SERVICES

(1) Before start of the Services:

Your wallet with the mobile application shall have security deposit of Rs. 100 or purchase membership, at the beginning, to be able to use the Services.

You cannot book or avail Services when one service is ongoing, i.e., Each user shall be restricted to one bicycle at any point of time.

You have to make yourself familiar with the condition and proper usage of the bicycle- that the bicycle is roadworthy, including but not limited to the condition of seat, handlebars, frame, brakes, tires and the pressure in the tires.

If you notice any defects and/or deficiencies before commencement of Services, you shall notify Yaana and desist using the bicycle immediately.

(2) During the rental duration:

You alone will be the rider and you shall not carry other persons.

You shall use the bicycle within the limited designated area. ( only within the city limits we are operating).

You shall not sublet to any other party or person.

You shall not be under the influence of alcohol or drugs.

You shall obey all road and traffic laws and regulations.

You shall not use improperly use or overload the basket or carrier of the bicycle. ( maximum load allowed is 5 kg)

You shall not make any modifications to the bicycle.

If you leave the bike to be used by a third party, you shall be responsible for the actions of any such third party to the same extent as your own actions.

If you determine any defects and/or deficiencies during the usage of the bicycle, you shall notify Yaana and desist using the bicycle immediately, by ending the rental.

You shall provide the location of the bicycle, if at any point of the rental period, Yaana or its representative request for this information.

The bicycle must be locked when not in use, even if you leave the bike unattended for only a short time.

(3) At the termination of Services :

You shall return the rented bicycle to any of Yaana’s docking /parking station. Return of the bicycle anywhere else is not permitted.

The bicycle must be returned so that it is clearly visible at one of the locations in the mobile application or stations and locked using the lock provided. The customer is obligated to inform the provider that the rental period is being ended as well as of the exact location of the return via the mobile application.

You shall inform Yaana of any damages and/or repairs that may have occurred to the bicycle during the rental period.

(4) Parking :

You are obliged to follow road traffic regulations when parking. Furthermore, you must ensure that the bike does not hinder road safety, that other vehicles and/or traffic is not obstructed and that no damage is done to third parties or their property. The kickstand is to be used every time that the bicycle is parked and the bicycle is to be placed in the docking stations when available.

You shall not park the bicycle at traffic lights/signs, on walkways which thereby hinder pedestrian traffic, in front of, in or near emergency exits and fire department, hydrants / service zones.

You shall not lock the bike at fences of private or public buildings.

(5) General:

Following receipt of confirmation messages regarding the return of bicycle, you are not allowed to use the bike with the given rental code. To use the returned bike you have to initiate a new rental process.

You will not change the provided lock code or to provide it to third parties.

Defects such as tire damage, rim defects or gear shift failures must also be reported immediately. If the bicycle is found without lock, the customer is obliged to contact the customer service.

You may be charged additional amount than the rental fee, if the bicycle is not parked at a Yaana’s dock station, which may include collection fee and travel costs, depending upon the location of the bicycle as also any charges that may levied upon Yaana for improper and/or illegal parking.

Failure to comply with above will result in the charging of service fees in accordance with Terms. Additionally, you shall be responsible for payment of any official fines and/or claims on the part of any third parties incurred as a result of noncompliance with these regulations and/ or legal regulations.

F. RENTAL DURATION

The chargeable rental period of the bicycle begins with Yaana providing you with the code for the bicycle lock or upon automatic unlocking of the fork lock. You have to inform the provider of the end of the rental period in accordance with the terms herein. Upon provision of this information, the chargeable rental of the bicycle as well as the rental period to be invoiced will end. The official end of the rental period shall be marked with the receipt of information by the customer from Yaana on the mobile application and/or SMS. Customer service must be informed about any problems via the support@yaana.bike immediately.

G. PAYMENT AND REFUND

You understand that use of Services will result in charges to you for the services you opt for. Charges are due immediately and you will make payment to Yaana through the designated payment gateways on the application and/or website. Charges will be inclusive of applicable taxes where required by law. You acknowledge that charges may vary from location to location and/or on the basis of the demand. Charges paid by you are final and non-refundable, unless otherwise determined by these presents at Yaana’s end. A copy of the receipt of payment will be sent to you by either email or messaging services upon completion of services and receipt of payment. You agree that Yaana may use a secondary payment method mentioned in your account if the primary payment method cannot be charged for any reason whatsoever.

If the payment is delayed, Yaana is authorized to demand the entire claim and to discontinue its service until the you meets your obligations. Yaana can make calls, send messages or emails to remind you of the payment due and to claim payment.

You acknowledge that Yaana may at times provide particular users with promotional offers and/or codes resulting in different amounts charges for the same or similar services provided.

Yaana’s drive is complete customer satisfaction. Whilst we strive to provide a seamless services, in the event, a User is displeased with the services provided, Yaana may consider refund of whole or part of the payment made, provided however, that the deficiency of Services was caused due to issues from provider. However, Yaana will not be liable and/or responsible for disruption of services caused due to extraneous circumstances beyond the control of Yaana. No refunds would be provided for disruption of services in these cases as also for the cases where the User does not abide by the Terms of the Services.

YAANA Wallet Amount is non refundable. Wallet amount can only used for services provided in Yaana Application.

We charge a security deposit of 100 rupees to start a ride. Security Deposite is refundable.

YAANA users who purchase membership do not require security deposit to use our service. Membership amount is non refundable.

(1) How to claim your Refund:

YAANA users need to raise a request for security deposit refund from YAANA APP Help Centre. You will receive a mail from YAANA requesting for your Bank details.

Once we receive your bank details, refund amount will be credited to your respective bank accounts (provided by user at the time of refund request) within 7-15 working days.

(2) Late or missing refunds

If you haven’t received a refund yet, first check your bank account again. Then contact your Bank / your credit card company/ Wallet Company, it may take some time before your refund is officially posted. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at support@yaana.bike.

H. DAMAGES AND REPAIRS

You shall be responsible for the cost of repair for damage to, or necessary cleaning of the bicycles, if the damage is caused whilst in the usage by you. If the damage is noticed after return of the bicycle, you acknowledge that Yaana will be at liberty to charge your account with necessary charges and/or fee for such repairs and/or cleaning. These charges and/or fee will be non-refundable.

If you cause damages with negligence or the bicycle is stolen because of negligence, you will remains liable according to the costs for material and labor costs or recovery of stolen bicycles to an amount up to but not exceeding Rs 25,000/- This maximum amount does not apply in cases in which the customer has caused the damage intentionally or with gross negligence or in cases where the bicycle has been stolen. In such cases, the amount of liability claims applicable shall be determined by the actual amount and real value of damage incurred.

In cases of accidents involving not only the user, but also third-party property or other persons, you are also obliged to report the incident to the police immediately, apart from notifying Yaana. Failure to do so on your part shall result in you being liable for damages incurred by Yaana owing to infringement of said obligation.

I. GOVERNING LAW AND JURISDICTION

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation between the user and Yaana. If such mediation does not yield result, the dispute shall be referred to Arbitration as under the applicable Arbitration and Conciliation Act. The seat of Arbitration shall be Bengaluru, Karnataka.

J. DISCLAIMERS

The services are provided “as is” and “as available.” Yaana disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Yaana makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

K. LIABILITIES AND INDEMNITIES

Yanna shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider.

Yaana is not liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Services and the mobile application, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

You agree that Yaana shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the You to Yaana, for the particular service.

You agree to indemnify and hold Yaana and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Yaana’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

You shall be fully responsible for damages caused by you/yourself. You are solely responsible for any liability claims resulting from actions or events occurring during the rental period or as a result thereof. Claims made by Yaana’s liability insurer against a customer remain unaffected.

L. IPR & USER LICENSES

All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in the mobile application, are owned by Yaana and the use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.

You may not sell or modify the content of this mobile application or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without Yaana’s written permission.

M. USER RULES

(1) SECURITY RULES

You are prohibited from violating or attempting to violate the security of the mobile application, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the mobile application, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. Yaana and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(2) GENERAL RULES

You may not use the mobile application in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Yaana; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

N. NOTICE

Yaana may give notice by means of general notice on the Services, e mails to the address in your account. You may give notice to Yaana by communication to our email at support@yaana.bike.

O. GENERAL

You may not assign or transfer these Terms in whole or in part without Yaana’s prior written approval. You give your approval to Yaana for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger.

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