TERMS AND CONDITIONS 

This Site / Application / Services is / are operated / provided by Oben Bikes. 

These terms and conditions (“User Terms”) apply to your visit to and use, of the Site  whether through a computer or a mobile phone, the Service and the Application, as well as  to all information, recommendations and or services provided to You on or through the Site,  the Service and the Application. This document is an electronic record in terms of  Information Technology Act, 2000 and rules thereunder as applicable and the  provisions pertaining to electronic records in various statutes as amended by the  Information Technology Act, 2000. This electronic record is generated by a computer  system and does not require any physical or digital signatures. By clicking on the “I  ACCEPT” button, You are consenting to be bound by these User Terms. 

YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING  AGREEMENT BETWEEN YOU AND OBEN BIKES IN RESPECT OF THE USE AND  SERVICES OF THE SITE. PLEASE ENSURE THAT YOU READ AND UNDERSTAND THESE ENTIRE  USER TERMS BEFORE YOU USE THE SITE. 

If ‘You’ do not accept any of the User Terms, then please do not use the Site or avail any of  the services being provided therein. 

Your acceptance of the User Terms shall be deemed to include your acceptance of the  privacy policy available at https://www.________________.com/privacy

By accepting these User Terms, ‘You’ also allow Oben Bikes to send ‘You’ promotional  emails and SMS alerts from time to time. 

Please review the following carefully so that ‘You’ understand our privacy practices. If ‘You’  do not agree to this Privacy Policy, do not accept the Customer Terms and Conditions or use  our Services. This Privacy Policy is incorporated by reference into the Customer Terms and  Conditions. 

If ‘You’ have questions about this Privacy Policy, please contact us through email  address provided on our website and/ or Mobile Application. 

1. DEFINITIONS 

All of the defined and capitalized terms in these User Terms will have the meaning assigned  to them here below: 

• “Account” shall mean the account created by the Customer on the Application for  availing the Services provided by Oben Bikes.

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• “Additional Fee” shall mean any toll duty, inter-state taxes, etc. as may not be  included in the Fare or not already paid as a part of the Total Ride Fee but payable to any  third party / government authorities for undertaking the Ride under Applicable Law. 

• “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of  legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications,  guidelines, policies, directions, directives and orders of any governmental authority,  tribunal, or a court of India. 

• “Application” shall mean the mobile application “Oben Bikes updated by Oben Bikes from  time to time. 

• “Convenience Fee”/”Access Fee” shall mean the fee payable by the Customer to  Oben Bikes for the Service i.e., for availing the technology services offered by Oben Bikes,  door to door service, Wi-fi access, customer support and cashless payment  options. Convenience Fee shall be chargeable on every booking made through the Site. The  Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any. 

• “Cancellation Fee” shall mean the Fare and Convenience Fee payable towards  cancellation of a Ride by a Customer. The Cancellation Fee shall be exclusive of all applicable  taxes on the Cancellation Fee, if any. 

• “City of Operation” shall mean a city in which the Customers and TPSPs avail and render  the transportation services respectively. For clarity, the services rendered by the TPSPs  and availed by the Customers shall be in the same city. 

• “Customer / You” means a person who has an Account on the Application. 

• “Driver” shall mean and include such individuals as may be evaluated, appointed and  trained by an operator associated with us to provide the transportation services on its  behalf and persons who are registered with Oben Bikes and own the Vehicles and who have  necessary city bike permits and other applicable transport vehicle permits and licenses to  provide transportation services within the City of Operation. 

• “E-Wallet” shall mean a pre-paid instrument, which can be used to make payments. 

• “Fare” shall mean such amount in Indian Rupees, which is reflected on the  Application, as the fare payable for the specific Ride performed by a Driver. The Fare shall  be exclusive of all applicable taxes on the Fare, if any. In relation to Auto (a motor  cab), the Fare shall be as prescribed by law and/or as stipulated by relevant authorities. 

• “Force Majeure Event” shall mean any event arising due to any cause beyond the  reasonable control of Oben Bikes.

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• “Oben Bikes or “us” or “we” or “our” shall mean Oben Bikes, a proprietorship, having its  corporate office at 4th Floor, Shanti Towers, Luz Church Road, Mylapore, Chennai  600004, which expression shall, unless it be repugnant to the context or meaning thereof,  be deemed to mean and include all its successors, affiliates and permitted assigns. 

• “Registration Data” shall mean and may include the present, valid, true and accurate  name, email ID, phone number and such other information as may be required by  Oben Bikes from the Customer from time to time for registration on the Application. 

• “Ride” shall mean the travel in the Vehicle by the Customer facilitated through the Site. 

• “Service(s)” means the facilitation of transportation service by Oben Bikes through  the Application or via a telephone request at the call centre of Oben Bikes, or booking on  the Site, within the City of Operation, as elaborated in Clause 4. 

• “Site” shall mean the Application and the website https://www.___________________/ operated by Oben Bikes or any other software that enables the use of the Application or  such other URL as may be specifically provided by Oben Bikes. 

• “Substitute Vehicle” shall mean another vehicle arranged for transporting the  Customers to his/her destination, in the event of a Vehicle breakdown. 

• “Total Ride Fee” shall mean and include the Fare, the Convenience Fee or Access Fee, the  Cancellation Fee and Additional Fee and taxes as may be applicable from time to time. 

• “T&Cs” and “User Terms” shall mean these Customer terms and conditions. 

• “TPSP” shall mean a Driver and / or an operator associated with us offering the  service of transporting Customers within the City of Operation as requested by the  Customer on the Application. 

• “Vehicle” shall mean a motor cab as defined under the Motor Vehicles Act, 1988. 2. ELIGIBILITY 

You will be “Eligible” to use the Services only when You fulfill all of the following  conditions: 

You have attained at least 18 (eighteen) years of age. 

You are competent to enter into a contract under the Applicable Laws. 

If You reside in a jurisdiction that restricts the use of the Service because of age, or  restricts the ability to enter into contracts such as this User Terms due to age, You must  abide by such age limits.

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3. REGISTRATION AND ACCOUNT 

I. You understand and acknowledge that You can register on the Site only after  complying with the requirements of this Clause 3 and by entering Your Registration Data. 

II. You shall ensure that the Registration Data provided by You is accurate, complete,  current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You. 

III. You are solely responsible for maintaining the confidentiality of Your Registration  Data and will be liable for all activities and transactions that occur through Your  Account, whether initiated by You or any third party. Your Account cannot be  transferred, assigned or sold to a third party. We shall not be liable for any loss that You 

may incur as a result of someone else using Your password or Account, either with or  without Your knowledge. 

IV. We reserve the right to suspend or terminate Your Account with immediate effect  and for an indefinite period, if We have a reason to believe that the Registration  Data or any other data provided by You is incorrect or false, or that the security of Your  Account has been compromised in any way, or for any other reason We may find just or  equitable. 

V. Except for the Registration Data or any other data submitted by You during the use of  any other service offered through Site (“Permitted Information”), Oben Bikes does not want  You to, and You should not, send any confidential or proprietary information to Oben Bikes  on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these  User Terms You agree that any information or materials that You or individuals acting on  Your behalf provide to Oben Bikes other than the Permitted Information will not be  considered confidential or proprietary. 

VI. It is Your responsibility to check to ensure that You download the correct application for  Your device. We are not liable if You do not have a compatible mobile device or if You  download the wrong version of the Application for Your mobile device. We reserve  the right to terminate the Service and the use of the Application should You be using the  Service or Application with an incompatible or unauthorized device. 

VII. We allow You to open only one Account in association with the Registration Data  provided by You. In case of any unauthorized use of Your Account please  immediately reach Us at support@_______________________ 

VIII. In case, you are unable to access Your Account, please inform Us at  support@___________________ and make a written request for blocking Your Account. We  will not be liable for any unauthorized transactions made through Your Account prior to the  expiry of 72 (seventy two) hours after You have made a request in writing for blocking your  account, and shall not have may liability in case of Force Majeure event. 

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4. SERVICES 

I. The Site permits ‘You’ to avail the transportation services offered by TPSPs. The  Service allows You to send a request through Oben Bikes to a Driver on the Oben Bikes  network. The Driver has sole and complete discretion to accept or reject each request  for Service. If the Driver accepts a request, Oben Bikes notifies You and provides information  regarding the Driver – including Driver name, Vehicle license number, telephone  contact details of the Driver and such other details as Oben Bikes may determine. 

II. Oben Bikes shall procure reasonable efforts to bring You into contact with a Driver,  subject to the availability of Driver in or around Your location at the moment of Your  request for such services. 

III. By using the Application or the Service, You further agree that: 

i) You will only use the Service or download the Application for Your sole, personal  use and will not resell or assign it to a third party; 

ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization; 

iii) You will not use the Service or Site for unlawful purposes; 

iv) You will not try to harm the Service, Site or our network in any way whatsoever; 

v) You will provide Oben Bikes with such information and documents which Oben Bikes may  reasonably request; 

vi) You will only use an authorized network to avail the Service; 

vii) You are aware that when requesting Services, whether by message, via Site or calling the  call center of Oben Bikes, standard messaging charges, data charges, voice charges, as  applicable, of the Your and Our phone network service providers, will apply; 

viii) You will comply with all Applicable Law from Your country of domicile and  residence and the country, state and/or city in which You are present while using the Site or  Service; and 

ix) You are aware of and shall comply with the Information Technology Act, 2000 and the  rules, regulations and guidelines notified thereunder. 

IV. Oben Bikes reserves the right to immediately terminate the Service and the use of  the Application in the event of non-compliance with any of the above requirements.  Further, Oben Bikes will store the information provided by You or record your calls  for contacting You for all Service related matters. You shall promptly inform Oben Bikes  on any change in the information provided by You.

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V. Oben Bikes or an authorized representative of Oben Bikes, shall provide information  regarding services, discounts and promotions provided by Oben Bikes to You by way of an  SMS or email to Your registered mobile number/registered email ID. You also have the  option to discontinue receiving such information at any point of time. To discontinue  receiving such information, You may at any point of time visit the specific link  provided in the Site to discontinue the same. 

VI. OBEN BIKES WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR  INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER  YOUR INFORMATION IN A SERVER OUTSIDE INDIA OR THE COUNTRY WHERE YOU  ARE LOCATED IN ORDER TO PERFORM OLA’S OBLIGATIONS UNDER THESE CUSTOMER  T&C. 

VII. You agree to grant Oben Bikes a non-exclusive, worldwide, perpetual, irrevocable,  royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity,  database rights or any other rights You have in your information, in any media now known  or not currently known, with respect to Your information. YOU AGREE AND PERMIT OBEN  BIKES TO SHARE YOUR INFORMATION AND / OR PERMITTED INFORMATION, WITH  THIRD PARTIES. 

VIII.You agree and permit Oben Bikes to share any information provided by You with  third parties in order to facilitate provision of certain value-added services offered by such  third parties to You and/or to provide certain value-added services to You by Oben Bikes.  You hereby expressly consent to receive communications from Oben Bikes/ third parties  offering value-added services to You through Your registered phone number and/or e-mail  id and/or the Site. You agree that You will not hold Oben Bikes responsible for any such  communications received from third parties, nor will any such communication amount to  spam, unsolicited communication or a violation of Your registration on the national do not  call registry. 

IX. Oben Bikes will be entitled to enter into any tie-up in terms of joint-venture or otherwise  with any other institution engaged in the business of providing services analogous and/or  similar to those herein contained. In such case, depending upon the modality and the  mechanism as may be devised, You will be provided with the services by Oben Bikes jointly  and/or severally with the party / ies in joint venture. You hereby give Your irrevocable  consent and permission to such a tie-up. In the event of such a tie up, the terms and  conditions herein contained will, mutatis mutandis, become applicable in respect of such  tie-up arrangement also. 

X. In the event of breakdown of the Vehicle, which is beyond repair, before completion of  the Ride, Oben Bikes on a best effort basis and at its sole discretion may arrange for a  Substitute Vehicle for completion of Your Ride to Your destination. However, the  arrangement of Substitute Vehicle shall be subject to its availability. 

XI. You acknowledge and agree that Substitute Vehicle may not be necessarily of the same  type as the original Vehicle booked by You from the Site.

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XII. Oben Bikes bears no responsibility and liability for delays and losses suffered by You or  caused to You as a consequence of the breakdown of the Vehicle or the Substitute Vehicle. 

5. CONFIRMATION OF BOOKING 

I. Oben Bikes shall, upon receiving the booking request from You in the manner  set out above, proceed to confirm or decline the booking based on the availability of  Vehicles at the pickup time, which shall be informed to You vide an SMS or email. In the  event the booking is confirmed, You shall check the booking details including but not limited  to pick up time and pick up place, and if there is incorrect detail, the same needs to be  informed to us immediately by calling our call centre. 

II. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform Oben Bikes  of the incorrect details immediately. 

III. Certain selective customers will be eligible to avail the Service under a ‘Guest  Booking’ feature, provided by Oben Bikes. Such customers will also be bound by the terms  and conditions set out herein. 

6. PAYMENT 

I. Oben Bikes shall charge Convenience Fee or Access Fee for the Service which shall be  determined and amended at the sole and absolute discretion of Oben Bikes. The  Convenience Fee or Access Fee shall be payable by ‘You’ to Oben Bikes and shall be  informed to ‘You’ before ‘You’ begin your ride. 

II. TPSP shall charge Fare to You for the Ride offered to You by the TPSP. 

III. You shall be required to pay such Additional Fee, which will form part of the receipt of  the Total Ride Fee. 

IV. You shall be required to pay such Cancellation Fee in terms of Clause 7, which will form  part of the receipt of the Total Ride Fee. 

V. In addition to the Total Ride Fee, You may be required to pay such other charges  incurred by ‘You’ during the Ride in cash i.e. Additional Fee, which are not included in the  receipt of the Total Ride Fee. 

VI. The Total Ride Fee will be collected by the Driver or Oben Bikes from You at the end of  the 

Ride. 

VII. Oben Bikes shall provide a receipt of the Total Ride Fee payable by You at the end of the  Ride, however, separate invoices raised by the TPSPs for the Fare and Additional Fee, and  the Convenience Fee or Access Fee raised by Oben Bikes shall be provided to You on  request. You may raise a request for a copy of the invoices from our Support page.

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VIII. All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee,  Cancellation Fee shall be borne and payable by You to the TPSPs or Oben Bikes, as the case  may be. 

IX. You shall choose to pay for the Service Fee by either of the following four methods: 

i) Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver. 

ii) E-Wallet payment: Oben Bikes offers You the facility of making an online  payment through an E-Wallet powered by a third party payment processor (“Payment  Processor”). E-Wallet money will not be applicable on bookings made through the  phone or while the user is not logged into his/her Account on the Site. The processing of  payments, in connection with Your use of the E-Wallet will be subject to the terms,  conditions, and privacy policies of the Payment Processor that Oben Bikes engages for the  purpose. Oben Bikes will not be responsible for any errors by the Payment Processor in  any manner. Further, even in cases of E-Wallet payments, all Additional Fee (defined  below) shall have to be paid by You in cash, to the authority or person concerned or if  already paid by the Driver, to the Driver. When You choose to make an E-Wallet payment,  Oben Bikes shall collect the Fare on behalf of the TPSP who will be responsible  for providing the transportation services. 

iii) Oben Bikes Credit Payment: Payment for the Total Ride Fee can be made to Oben Bikes  on credit. in cases of Oben Bikes Credit payments, all Additional Fee shall have to be paid by  You in cash, to the authority or person concerned or if already paid by the Driver, to  the Driver. When You choose to make an Oben Bikes Credit payment, Oben Bikes shall  collect the Fare on behalf of the TPSP who will be responsible for providing the  transportation services. 

iv) Credit Card/ Debit Card/ Net Banking Payment: Total Ride Fee shall be effected using  the services of an entity providing payment gateway/processor services (“PG”),  authorized by Oben Bikes. Such PG may either be Oben Bikes or any of its affiliates or  partners or unrelated third parties. You agree and undertake to share relevant payment  details including credit/debit card details (Card Details) with the PG for the successful  completion of payment towards Total Ride Fee to Oben Bikes and authorize the PG to  complete such transactions. In this respect, it is clarified that all PGs whose services are  utilized for the purposes of the Site and/or Application and/or Services shall be  PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization  permits the PG to debit or credit the bank account associated with Your payment  details. Your authorization further permits the PG to use Your Card Details for  the processing of transactions initiated by You at any of Oben Bikes’s affiliates. Your  authorization will remain in effect as long as You maintain an Account with Us. In the event You delete Your Card Details with the PG or if You delete Your Account, the PG will not  process any further transactions initiated by You at the Site or Application and at the  sites of any of Oben Bikes’s affiliates. Your authorization under this clause is subject to any  other terms and conditions of the PG.

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X. Any payment related issue, except when such issue is due to an error or fault in the Site,  shall be resolved between You and the Payment Processor. Oben Bikes shall not be  responsible for any unauthorized use of Your E-Wallet during or after availing the  Services on the Site. 

7. CANCELLATION POLICY 

I. You agree and acknowledge that You may cancel Your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as explained below: In Share/Oben  Bikes/Plus/SUV/Luxury, Cancellation Fee will be charged 

a. If ‘You’ cancel after 5 minutes after the cab is allotted or 

b. If a driver cancels after waiting at Your location for more than 10 minutes 

c. Notwithstanding the foregoing, if the Driver is delayed by more than five (5) minutes to  pick You, You will not be charged any Cancellation Fee. 

II. You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a booking/service request. The notification shall be on the Application  and/or the Site. 

III. Oben Bikes shall provide a receipt of the Cancellation Fee, if any, payable by You for  every cancellation in terms of the table above for such cancellations, however, separate  invoices raised by the TPSPs for the Cancellation Fee, and Oben Bikes for the  Convenience Fee on cancellations shall be provided to You on request. You may raise a  request for a copy of the invoices from the Support page. 

IV. The Cancellation Fee shall be payable by You at the completion of Your subsequent ride. 

V. The mode of payment of the Cancellation Fee shall be in terms of Clause 7 of these User Terms. 

VI. This Clause 7 shall not apply to corporate rides availed pursuant to the terms and  conditions. 

8. USER VIOLATION OF USER TERMS 

You shall not smoke and drink in the Vehicles or misbehave with the Driver or distract the  Driver or act in violation of Applicable Law. In the event You are found to be involved in the  activities set out above, You shall be liable to pay a fine to us and we shall also have the  right to terminate the Ride. In the event You fail to pay fine after the completion of the Ride,  we may at our discretion, take such steps as may be available to us under Applicable Law.  You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the  case may be, and in such event, Your Account may be terminated by Oben Bikes.

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9. CUSTOMER RELATIONSHIP MANAGEMENT 

I. All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address mentioned in Clause 22. In case  of a Ride booked on our Application, You shall be required to rate the Ride after its  termination. You agree to be fair, accurate and non-disparaging while leaving comment,  feedbacks, testimonials or reviews on or about the Rides or Services. 

II. Reporting of any issue needs to be within 7 (seven) days of the happening of the issue,  failing which, such issue will not be addressed. 

III. Any issue reported on channels other than the above may be addressed by Oben Bikes  only on a best-effort basis. Oben Bikes takes no liability for inability to get back on other  channels. 

IV. Oben Bikes shall endeavor to respond to Your issues within 2 (two) working days of Your  reporting the same and endeavor to resolve it at the earliest possible. It is hereby clarified  that issues are resolved on severity basis, and certain may be resolved earlier than the  other. However, Oben Bikes shall not be liable for any damages or losses in the event You 

are not satisfied with any such resolution. 

10. EMERGENCY SERVICES TO CUSTOMER 

I. By accepting these User Terms and on pressing the Emergency button on the Oben Bikes App, You consent to Oben Bikes using its best endeavors to provide You with assistance during a safety incident, emergencies or distress, as per Oben Bikes’s internal policies on  emergency response. Oben Bikes may undertake remedial action(s), including, but not  limited to the following: 

i) When ‘You’ press the Emergency button and report a safety incident, the Oben  Bikes representative may escalate the incident internally or liaise with any third party  security service providers to assist You and/or deploy response teams to Your location. 

ii) Oben Bikes may inform any government authorities, such as the concerned  police station, about the incident and seek their assistance; Oben Bikes may also provide  such authority / ies, with your personal information including but not limited to your exact  GPS location, your registered email ID and mobile number to enable them to take  appropriate steps to assist You. 

iii) Oben Bikes may engage third party security providers to assist You and Oben Bikes  in addressing the incident. For this purpose, Oben Bikes may share your personal  information, including but not limited to, your exact GPS location, your registered  email ID and mobile number with third parties such as a security services provider, to enable  them to take appropriate steps to assist You and solely to resolve the incident.

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iv) Further to the above, You may receive telephone calls from an Oben Bikes  representative and/or the relevant response team at the time of pressing the Emergency  button and in the duration that the incident is being resolved, and the same shall not be  construed as breach of TRAI guidelines, in as much as these would be made for Your security  and safety purposes. 

II. Under this clause, You give Your express consent to permit Oben Bikes to undertake  the above along with any ancillary actions that may be required to facilitate an effective  emergency response. 

III. Oben Bikes will not be liable for any deficiency of service, provided to You under  this clause on a best efforts basis, and this clause does not, in any manner, restrain You from  seeking any other form of assistance from any other party. 

11. FORCE MAJEURE 

We shall not be liable for any failure to perform any obligations under this User Terms, if the  performance is prevented, hindered or delayed by a Force Majeure Event and in such  case our obligations under this User Terms shall be suspended for so long as the Force  Majeure Event continues. 

12. INDEMNIFICATION 

By accepting these User Terms and using the Service, You agree that You shall defend,  indemnify and hold Oben Bikes, its affiliates, their licensors, and each of its officers,  directors, other users, employees, attorneys and agents harmless from and against any and  all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and  costs) arising out of or in connection with: 

(a) Your violation or breach of any term of these User Terms or any Applicable Law or  regulation, whether or not referenced herein; 

(b) Your violation of any rights of any third party, including the TPSPs \or (c) Your use or misuse of the Application or Service. 

13. LIABILITY 

I. The information, recommendations and/or Services provided to You on or through the  Site, the Application and Oben Bikes call center are for general information purposes only  and does not constitute advice. Oben Bikes will reasonably keep the Site and its  contents correct and up to date but does not guarantee that (the contents of) the Site is  free of errors, defects, malware and viruses or that the Site is correct, up to date and  accurate. 

II. Oben Bikes shall not be liable for you missing trains/flights/events or delays etc.  as the Service is dependent on many factors not in Oben Bikes’s control. You must 

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book Your Ride after taking into account the check-in time, traffic and weather  conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other  un expected delays. 

III. In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, Oben Bikes shall only endeavor to get You in touch  with the Driver assigned for Your Ride. 

IV. Oben Bikes shall not be liable for any damages resulting from the use of or inability to  use the Site, including damages caused by wrong usage of the Site, error in call centre  number, network issues, malware, viruses or any incorrectness or incompleteness of the  Information or the or Application. 

V. You shall take full responsibility of Your items and luggage. In case of lost items  inside the Vehicle during the journey, Oben Bikes will try to locate the items on a “best effort” basis but is not responsible for the same in case of loss or damage to the same. If  You leave any goods in the Vehicle or have any complaint in respect of the Services or the  use of the Vehicle, You have to inform Oben Bikes of the same in writing within 24 (twenty  four) hours of using the Vehicle or the Services of Oben Bikes. In the event it is found,  You shall be informed about the Oben Bikes office from where You can collect it after 3  (three) working days from the date You were informed. Oben Bikes however shall not  be responsible for delivering the same back to You. If requested, Oben Bikes may deliver the  misplaced item/s back to You after 3 (three) working days from the date You were informed,  subject to the place of delivery being twenty (20) kms from the Oben Bikes office. Oben  Bikes shall charge You a flat fee of Rs 500 for such delivery. 

VI. Oben Bikes does not assure a complete sustainability of its Service and shall not be held  responsible or liable for the same, in any manner. 

VII. Oben Bikes shall not be responsible for any loss of communication / information of  status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Oben Bikes will not be responsible for  appropriateness of mobile or email or any other communication medium. You shall be  responsible for immediately reporting the errors, if any, occurred in the  information sent to You regarding booking confirmation. 

VIII.IN NO EVENT SHALL OBEN BIKES BE LIABLE FOR ANY DIRECT, INDIRECT,  PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES  WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY  OR OTHERWISE, EVEN IF OBEN BIKES HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. 

IX. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT  PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OBEN BIKES’S AGGREGATE  LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE  SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING  NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE,  EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).

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X. If Applicable Law does not permit the exclusion of certain warranties or the limitation or  exclusion of liability, the scope and duration of such warranty exclusions and the extent of  the liability of Oben Bikes shall be the minimum permitted under Applicable Law. 

14. APPLICATION LICENSE 

I. Subject to Your compliance with these User Terms, Oben Bikes grants You a  limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to  download and install a copy of the Application on a single mobile device that You own or  control and to run such copy of the Application solely for Your own personal use and to use  the Site. 

II. You shall not: 

i) License, sublicense, sell, resell, transfer, assign, distribute or otherwise  commercially exploit or make available to any third party the Service or Site in any way; 

ii) modify or make derivative works based upon the Service or Application; 

iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other  server or wireless or Internet-based device; 

iv) reverse engineer or access the Site in order to: 

a. design or build a competitive product or service, 

b. design or build a product using similar ideas, features, functions or graphics of the  Service or Site, or 

c. copy, reproduce, record, or make available to the public any ideas, features,  functions or graphics of the Service or Site, or 

v) Launch an automated program or script, including, but not limited to, web spiders,  web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any  program which may make multiple server requests per second, or unduly burdens or  hinders the operation and/or performance of the Service or Site. 

III. You shall not: 

i) send spam or otherwise duplicative or unsolicited messages in violation of applicable  laws; 

ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious  material, including material harmful to children or violative of third party privacy rights; 

iii) send or store material containing software viruses, worms, Trojan horses or other  harmful computer code, files, scripts, agents or programs;

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iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or 

v) attempt to gain unauthorized access to the Site, the Application or Service or its related  systems or networks. 

IV. Oben Bikes will have the right to investigate and prosecute violations of any of the  above to the fullest extent of the law. Oben Bikes may involve and cooperate  with law enforcement authorities in prosecuting users who violate these User Terms.  You acknowledge that Oben Bikes has no obligation to monitor Your access to or use of the  Site, Service or Posted Content, but has the right to do so for the purpose of  operating the Site and Service, to ensure Your compliance with these User Terms, or to  comply with Applicable Law or the order or requirement of a court, administrative agency  or other Governmental body. Oben Bikes reserves the right, at any time and without  prior notice, to remove or disable access to any content that Oben Bikes, at its sole  discretion, considers to be in violation of these User Terms or otherwise harmful to the Site,  the Service or Application. 

15. CONTENT POSTED BY CUSTOMERS 

I. Oben Bikes may accept posting of any notes, messages, e-mails, photos, drawings  or files, opinions, ideas, images, videos, audio files or other materials or information  given by ‘You’ on the Site (“Posted Content”) by You. You represent that You have obtained  all permissions and consents required to post the Posted Content and such Posted Content  complies with all requirements of the Posted Content. Oben Bikes shall not in any  manner be responsible for or endorse the Posted Content. 

II. You agree that when posting Posted Content, You will not: 

i) Publish, post, upload, distribute or disseminate any inappropriate, profane,  defamatory, infringing, obscene, indecent or unlawful topic, blasphemous,  pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically  objectionable, disparaging, relating or encouraging money laundering or gambling,  or otherwise unlawful material or information. 

ii) Upload files that contain software or other material protected by intellectual  property laws (or by rights of privacy or publicity) unless You own or control the rights  thereto or have received all necessary consents. 

iii) Upload files that contain viruses, corrupted files, or any other similar software or  programs that may damage the operation of another’s computer. 

iv) Advertise or offer to sell or buy any goods or services for any business purpose, unless  the Site specifically allows such messages.

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v) Conduct or forward surveys, contests, pyramid schemes or chain letters. 

vi) Download any file posted by another user that You know, or reasonably should know,  cannot be legally distributed in such manner. 

vii) Falsify or delete any author attributions, legal or other proper notices or  proprietary designations or labels of the origin or source of software or other  material contained in a file that is uploaded. 

viii) Deceive or mislead the addressee about the origin of a message or  communicate any information which is grossly offensive or menacing in nature. 

ix) Restrict or inhibit any other user from using and enjoying the Site. 

x) Violate any code of conduct or other guidelines which may be applicable for any  particular Posted Content. 

xi) Harvest or otherwise collect information about others, including e-mail  addresses, without their consent. 

xii) Threaten the unity, integrity, defense, security or sovereignty of India, friendly  relations with foreign states, or public order or causes incitement to the  commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation. 

xiii) Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder. 

16. INTELLECTUAL PROPERTY RIGHTS 

I. Oben Bikes alone (and its licensors, where applicable) shall own all right, title and  interest, including all related intellectual property rights, in and to: 

i) the Site, Application, product, Service and any suggestions, ideas, enhancement  requests, feedback, recommendations or any other offering; 

ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos,  sounds, music, artwork and computer code; or 

iii) other information provided by You or any other party relating to the Site,  Application or the Service. Third party trademarks may appear on this Site/ Application and  all rights therein are reserved to the registered owners of those trademarks. For use of  any third party’s intellectual property, You need to get permission directly from the owner  of the intellectual property for any use.

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II. These User Terms do not constitute a sale and do not convey to You any rights of  ownership in or related to the Site, the Application or the Service, or any intellectual  property rights owned by Oben Bikes. You shall be solely responsible for any violations of  any laws and for any infringements of any intellectual property rights caused by use of the  Services or the Site / Application. 

III. You may use information on the Site purposely made available by Oben Bikes for  downloading from the Site, provided that You: 

i) do not remove any proprietary notice language in all copies of such  documents and make no modifications to the information; 

ii) use such information only for Your personal, non-commercial informational purpose  and do not copy or post such information on any networked computer or broadcast it  in any media; or 

iii) do not make any additional representations or warranties relating to such  information. 

17. LINKS 

If permitted by Oben Bikes, You may establish a hypertext link to the Site, provided that the  link does not state or imply any sponsorship or endorsement of Your site by Us. You must  not use on Your site or in any other manner any Oben Bikes trademarks or service marks or  any Content belonging to Oben Bikes and appearing on the Site, including any logos  or characters, without our express written consent. You must not frame or otherwise  incorporate into another third party website or present in conjunction with or juxtaposed  against such a website any of the content or other materials on the Site without our prior  written consent. 

18. TERM AND TERMINATION OF LICENSE AGREEMENT 

I. Unless terminated in accordance with this Clause 17, the agreement between Oben  Bikes and You is perpetual in nature upon downloading the Application and for each Ride  booked through the Site. 

II. You are entitled to terminate the agreement at all times by deletion of Your Account,  thus disabling the use by You of the Site. You can close Your Account at any time by  following the instructions on the Site. 

III. Oben Bikes is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: 

a. violate or breach any term of these User Terms, or

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b. in the opinion of Oben Bikes, misuse the Application or the Service. Oben Bikes is  not obliged to give notice of the termination of the agreement in advance. After termination  Oben Bikes will give notice thereof in accordance with these User Terms. IV. Termination of this agreement will not prejudice accrued rights of either Oben Bikes or  You. V. Clauses 11 (Indemnification), 12 (Liability), 13 (Application License), 14  (Contents 

posted on Site/ Application), 15 (Intellectual Property Ownership), 17 (Term and Termination), 22 (Notice) and 24 (Applicable Law and Dispute Resolution) and such other  provisions which are intended to survive the termination, shall survive the  expiry/termination of these User Terms in accordance with their terms. 

19. INVALIDITY OF ONE OR MORE PROVISIONS 

The invalidity of any term of these User Terms shall not affect the validity of the other  provisions of these User Terms. If and to the extent that any provision of these User  Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply  between the parties instead that is acceptable considering all the circumstances, taking into  account the content and the purpose of these User Terms. 

20. CONFLICT 

In the event of any contradiction or inconsistency between this User Terms and any  other agreement executed between You and Oben Bikes, the terms of the User Terms shall  prevail unless the exception has been expressly agreed to in writing by making  reference to the relevant Clause sought to be modified under this User Terms. 

21. DISCLAIMER 

I. You agree that Oben Bikes is merely an electronic platform to facilitate  aggregation of Vehicles and does not in any manner provide transportation services. Oben  Bikes does not endorse, advertise, advise or recommend You to avail the Services of any  Driver. Oben Bikes also does not guarantee or provide assurance in respect of the  behavior, actions or data of the users posted on the Site. 

II. We do not authorize anyone to make a warranty on Our behalf and You shall not rely  on any statement of warranty as a warranty by Us. 

III. Oben Bikes and their representatives, officers, employees, agents and contractors  shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability  arising directly or indirectly from Your use or non-use of the Service or the Site, or Your  reliance upon the Service or the information contained upon the Site (whether arising from  Oben Bikes or any other person’s negligence or otherwise). 

IV. This Site, Application and all content on the Site and the Application are provided on an  “as is” basis without warranties of any kind, either express or implied, including without  limitation warranties of title or implied warranties of merchantability or fitness for a  particular purpose. You acknowledge, by Your access of the Site and/or Application, 

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that Your access of the Site and/or Application and availing of Services is at Your sole risk,  that You assume full responsibility for Your access and use of the Site and/or Application,  and that Oben Bikes shall not be liable for any damages of any kind related to Your access  and use of this Site and/or Application. 

V. All images, audio, video and text in the Site and/or Application are only for illustrative  purposes. None of the models, actors or products in the images, if any is endorsing the  Services in any manner. Any resemblance of any matter to anybody or anything is purely  unintentional and/or coincidental. 

VI. Oben Bikes is not engaged in the insurance business and does not provide any insurance  services. Oben Bikes has facilitated provision of insurance services for the benefit of  Customers, under group travel insurance policies availed from insurance  companies, whereby Oben Bikes is acting as the group manager of the policy. Oben Bikes  does not guarantee or make any promise in relation to the insurance policy/  insurance company, including but not limited to any benefits from use of the insurance  services provided by the insurance companies, such as coverage, claims and  settlements. Any claim or servicing of insurance policies, raised through the Application,  remains a matter between the Customer and the insurance company, and Oben Bikes shall  not be responsible for the actions of the insurance company or the Customer. It is to  be noted that the insurance policy number, claim certificate, invoice for the insurance  premium/ fee collected from the Customer is not be issued by Oben Bikes, but will  be issued by the respective insurance company. Any issues in receiving tax invoices or issues  faced in claiming the insurance are not the responsibility of Oben Bikes disclaims all and all  liability in relation to the services of the insurance company. Please reach out to the  insurance company in case of any questions/ issues. 

22. MODIFICATION OF THE SERVICE AND USER TERMS 

I. Oben Bikes reserves the right, at its sole discretion, to modify or replace, in part or full,  any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or  any feature of the Service or Application at any time. 

II. Oben Bikes shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly  visit the Site to view the most current User Terms. You can determine when Oben Bikes last  modified the User Terms by referring to the “Last Updated” legend above. It shall be Your  responsibility to check these User Terms periodically for changes. Oben Bikes may require  You to provide Your consent to the updated User Terms in a specified manner prior to  any further use of the Site and the Services. If no such separate consent is sought, Your  continued use of the Site, following the changes to the User Terms, will constitute Your  acceptance of those changes. Your use of the Site and the Services is subject to the most  current version of the User Terms made available on the Site at the time of such use. 

23. NOTICE

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I. Oben Bikes may give notice by means of a general notice on the Service or Application,  or by electronic mail to Your email address or a message on Your registered mobile number,  or by written communication sent by regular mail to Your address on record in Oben Bikes  account information. 

II. You may contact Oben Bikes by electronic mail at Our email address  legal@_______________ or by written communication sent by regular mail to Our address  at ___________________________________________________. 

24. ASSIGNMENT 

You shall not assign Your rights under these User Terms without prior written approval of Oben Bikes can assign its rights under the User Terms to any affiliate. 

25. APPLICABLE LAW AND DISPUTE RESOLUTION 

These User Terms are subject to the laws of India. Any dispute, claim or controversy arising  out of or relating to these User Terms or the breach, termination, enforcement,  interpretation or validity thereof or the use of the Site, the Service or the Application  (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through  negotiation and consultation at such offices of Oben Bikes as Oben Bikes may  designate. In the event the dispute is not resolved internally between after at least  30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final  arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended  from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force,  as per any law relating to arbitration in force at the time of such reference. The reference  shall be made to a sole arbitrator mutually appointed by Oben Bikes and You. The  place of the arbitration shall be Chennai, Tamil Nadu unless otherwise mutually agreed by  Oben Bikes and You in writing. Subject to the above, any Dispute will be subject to  the exclusive jurisdiction of courts in Chennai, India. 

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