Treehouse Ventures Pvt Limited provides self driven electric scooters though its apps VA-YU or VAYU in Delhi only. For availing our services, it is necessary for the users / riders to accept the following terms and conditions.
These terms & conditions are an electronic record and are constituted as an electronic contract as per information technology act 2000 and any other law enacted or amended from time to time. Once accepted, terms and conditions will be constituted as a contractual obligation and binding on both Treehouse Ventures Pvt Limited and the users / riders.
These terms & conditions located at the website www.va-yu.com and mobile application titled 'VA-YU' and 'VA-YU' are a legally binding agreement between Treehouse Ventures Private Limited, having our registered office at 13A, Najafgarh Road, Shivaji Marg, New Delhi â 110015 ('VA-YU'/'Treehouse'/ the 'Company' or 'we' or 'us' or 'our') and the guest users or registered users of the Platform (shall hereinafter be referred to as 'Member' or 'you' or 'your' or 'yourself' or the 'User').
By accepting the terms and conditions and any other polices and notices published, the same shall be constituted as an agreement between you and Treehouse Ventures Pvt Limited. Further by accepting the terms and conditions and policies you confirm that you are 18 years or above holding a valid driving license issued from the competent authority in India and also competent as per law to accept the terms and policies and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, policies and warranties set forth in these terms of Service, and undertakes to abide by and comply with these Terms of Service.
If after reading the terms enumerated herein below or any other policy of Treehouse Ventures Pvt Limited, the same is not acceptable to you then you are advised not to accept the terms and conditions or the policies of Treehouse Ventures Pvt Limited or do not avail any of our services. If the policy or terms and conditions are once accepted then the same shall be binding upon you.
There may be some major or minor changes in the Terms of Service or policies which will be notified to our Users, however you should periodically review the same by visiting our website. It will be the sole discretion of Treehouse Ventures Pvt Limitedto modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Notice to the User shall be considered given when such notice is indicated and accessible from the first page accessed after the User's accesses the Platform or by email to the User's email address provided to VA-YU in the User's account creation or most recently provided to VA-YU, or by SMS to the User's mobile number or mobile notification on the mobile application provided during the account creation. User agrees that the amended terms and conditions of this agreement shall be effective and binding on the earlier of (1) the effective date indicated in such notice; or (2) on the date posted on the Platform.
It will be presumed that User has received any such notice if and when the User makes a reservation for a VA-YU vehicle after notice of a change to this agreement has been placed on the Platform and/or distributed to the User by email or SMS or mobile notification on the mobile application. By making a reservation after receiving notice of any changes to the terms & conditions, the User assents to and will be bound by such changes. User may decline such changes by discontinuing trips under the terms & conditions.
Upon your acceptance to the terms & conditions and the Policies of the Company, the Company hereby grants you a limited, personal, revocable, non-assignable and non-exclusive license to use our Services. This license is for the sole purpose of enabling you to use the Services in the manner expressly permitted by this agreement and the policies.
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications and is compatible with our Services to enable your access and use of the Services.
The User must ensure that the details provided are accurate and treat such information as confidential. Based on the information provided by you to us, you may be provided with a login identification (such as a username and password or any other identifier). You are solely responsible for all activities that occur under your login identification and must notify us immediately of any unauthorized use or other security breach relating to your login identification.
Once the account has been terminated you are not allowed to create the account again without our permission.
The operation of our Services includes periodic delivery to you of offers, coupons or other information that may be of interest to you based on your stated preferences or your location.
Our company provides electric scooters to our Users for their self-driveas a general mode of transport in the territories of Delhi only. Driving or taking scooters outside the territory of Delhi is strictly prohibited.
The scooters and all other accessories like helmet etc provided along with the scooters to the User will be the sole and exclusive property of Treehouse Ventures Pvt Ltd and all rights therein are and shall remain with company only.
All the logos, products and service names are the trademark and owned by the company and no other person shall have any right or can claim any similar rights in the property.
By agreeing to these terms and conditions Users/riders agrees and declares that they have only the license to use the scooters as a general mode of transport only against the fee as described in the schedule and revised from time to time. Users/riders by no means can claim the right in the scooters or any of its part like battery or its accessories including but not limited to helmets, key remotes etc.
Only Users holding an effective and valid driving license, as reviewed and approved by VA-YU, may drive a VA-YU vehicle. All fees and charges and liabilities shall be determined in accordance with, and be the responsibility of, the User. Only active Users in good standing, as decided solely by VA-YU, shall be allowed to drive VA-YU vehicles. Non-users and blacklisted users are expressly prohibited from driving a VA-YU vehicle at any time.
Notwithstanding, anything contrary contained in this agreement, the User booking the ride is solely eligible to drive the VA-YU vehicle, failing which the User shall be solely liable to indemnify VA-YU without any limitation for any loss suffered by VA-YU arising from, incidental to or related with such unauthorized usage of the vehicle.
Satisfying the eligibility criteria required to become a VA-YU user does not automatically render an applicant the right to become a VA-YU user. Acceptance of the applicant is subject to approval by VA-YU at its sole discretion.
Should any Users driving license expire or be revoked, authorization to drive VA-YU vehicles shall expire immediately, VA-YU should be notified immediately or not later than 3 (three) working days of such expiry or revocation by the User by email forthwith upon such expiry or revocation.
By using our services, each applicant authorizes VA-YU and VA-YU reserves the right at its sole discretion to obtain his/her driving records from the jurisdiction in which the applicant is licensed. Because riding a VA-YU vehicle requires maintaining a good driving record, VA-YU may periodically checkUsers driving records and reserves the right, at its sole discretion, to suspend or terminate the eligibility of any User, who does not meet VA-YU's driving eligibility requirements. User agrees to promptly report to VA-YU any suspension or revocation of his/her driving license, or any tickets/citations/conviction related to any traffic violation including but not limited to riding without a helmet, riding under the influence of drugs or alcohol, riding while intoxicated, reckless driving, exceeding the speed limit, jumping the traffic signal or sending an SMS/talking on phone while riding. VA-YU can suspend or terminate the account of a User or stop the provision of the Services if VA-YU becomes aware of any pending criminal charges or allegations of commission of offences by a User.
Users are responsible for providing and maintaining current email, cell phone, residential address (current/temporary and permanent), and other account information with VA-YU. User further warrants that information provided to VA-YU shall be absolutely correct and is bound to inform to VA-YU promptly, if any change occurs in the information provided earlier including but not limited to cell phone number, residential address, etc.
User is responsible for keeping any VA-YU related password and/or PIN numbers and/or OTP in strict confidence and to not make passwords or PINs or OTP's available to third-parties, should a PIN or password or OTP be reduced to written or electronic form, the User will be responsible for any associated costs and/or damages in connection with unauthorized use of the User's account by third-parties. If a User has reason to believe a third-party may have obtained unauthorized knowledge of a password and/or PIN and/or OTP, User agrees to change the compromised password and/or PIN and/or OTP instantly and simultaneously notify the Company of such unauthorized use.
Upon booking the VA-YU vehicle, the User shall provide a specified deposit amount to VA-YU for availing the use of our services. VA-YU reserves the right to update this deposit amount at its sole discretion.
VA-YU shall return the deposit to User after deduction of the requisite usage charges only upon (a) the expiration of the ride and (b) User's return of the requisite VA-YU vehicle and other peripherals handed to User for the use of our service.
Users authorize the company to deduct the amount of challan or fine imposed on the vehicle while the User's ride was in existence from the account of the User. In case of insufficient balance then the User can pay to the company or the amount will be added in the next invoice whenever the User next avails the ride after the amount is added in the account of the User.
VA-YU shall be entitled to utilize the security deposit to make good any damage to the vehicle and/or helmet and/or any traffic violations and/or any violation of the terms of this agreement to satisfy any amount due to VA-YU under this Agreement and/or as compensation for any damage or loss that VA-YU may suffer as a result of User's breach of this Agreement.
The Services are subject to VA-YU's Fees Policy available on the Platform. It entails the scenarios which covers all the fees including but not limited to rentals, late fees, late charges, extensions fees, penalties or fines, if any etc.
An eligible expense is defined as;
If a User pays for an eligible expense, he or she must keep the invoice, which conspicuously captures the date and time showing that it was incurred during the ride period.
The User must print his or her name on the receipt and give a physical original hard copy of the receipt to a VA-YU vehicle attendant after his/her ride.
VA-YU will reimburse the User or credit the User's account, post the verification of claim and corresponding invoices. No reimbursement or credit will be given without an invoice, or if the invoice is submitted later than 3 days from the booking date.
Booking is required for all potential rides. Users must always book a vehicle in advance of use and will be charged a refundable deposit amount as determined by VA-YU from time to time. The deposit amount will be displayed for the User to confirm before any such deduction takes place.
Users are required to fulfil the below mentioned conditions at the time of taking the possession of the Vehicle for scheduled ride/trip:
EPIC (Electoral Photo Identity Card), i.e. Voter ID;
OrGovernment Department (Including Public Sector Undertakings) Identity card;
OrIdentity Card of Tier 1/2 universities, colleges, educational institutions, which contains both photo and address.
Users must cooperate with the representative of VA-YU in taking a photo of the vehicle along with User, which is meant for safety of the User and for record purposes of VA-YU
User shall be held solely responsible, if any of the above conditions are not being completed successfully at the time when possession of the vehicle was supposed to be taken by the User and VA-YU reserves the right not to handover the possession of the vehicle. Consequently, the booking will stand completed without any further onus on VA-YU.
If a User wishes to cancel a booking, you must do so in advance, in pursuance of the Fee Policy.If the User wishes to extend a booking, the User may do so only if following conditions are fulfilled:
In case, any of the above conditions are missing after the expiry of the booking (initial or immediate prior) then the User will be deemed to possess the vehicle without authorization and must hand over the vehicle to VA-YU or its representative without fail/ delay. A delay beyond one hour from the expected handover time of vehicle or after the expiry of booking as the case may be, will render the User guilty of breach of trust and the User's involvement in theft of such vehicle shall be presumed without any doubt.
In the event the booking of the User is not extended successfully (even if it is rejected by VA-YU for any reason) and the User does not return the vehicle to the correct and designated VA-YU space by the end time of the User's booking, VA-YU reserves the right to initiate the civil and/ or criminal proceedings against the Userand simultaneously will make all reasonable efforts to take possession of the vehicle from the User immediately or any time thereafter, and at any location.
The User will be charged late fee, inconvenience fee and any other charges applicable as per our Fee Policy from the scheduled end time of the booking till the time the vehicle is actually recovered by VA-YU.
The User will be charged any additional costs viz; legal attorney fees, consultants fees, travel costs, etc. incurred by VA-YU in taking possession of the vehicle from the User.
The User will not be provided any compensation or alternate means of transportation in such case and will not have the right to ride in VA-YU vehicle any more. The User shall hold VA-YU, its officers, employees, agents and affiliates harmless against any claim in connection with the vehicle and/or its re-possession and shall irrevocably and unconditionally indemnify VA-YU against any cost, loss or liability suffered by VA-YU arising out of or in connection with any claim made by a third party against VA-YU in relation to the vehicle and/or its re-possession.
The User must pick up the selected vehicle at its designated VA-YU parking space and return it secured, clean, and in good working order, to the correct and designated VA-YU space by no later than the end time of the booking.
Prior to taking possession of a vehicle, the User must do an exterior walk-around and an interior look-over. Before riding the vehicle, the User must advise VA-YU of any damage or abnormality encountered on the vehicle or in the operation of the vehicle. The pictures of the left, right and the front of the vehicle at the time of handing over of the vehicle will be available for the User to check and compare with the vehicle. The User has the responsibility to indicate to the VA-YU attendant if they detect any damage other than what is shown in the pictures. If VA-YU is not notified of a problem at the start of a ride, the User will be deemed to be responsible for any problem with the vehicle discovered or reported after the ride, including, without limitation, damage to the vehicle or lack of cleanliness. The User will then be charged a damage fee, a cleaning fee, or other applicable fees, and VA-YU may suspend, or may even terminate your account in lieu of such damages.
The User must leave all the original documents including but not limited to registration certificate, insurance policy, tax payment challans, self-drive licenses, pollution clearance certificates, vehicle's key, key fob, or other starting device to the vehicle in its designated position in the vehicle at the conclusion of the ride. The User must advise VA-YU immediately if the User fails to leave the original documents mentioned hereinabove, key/ fob/ starting device, parking pass, or toll payment pass and this causes inconvenience to VA-YU or another User, you will be charged the hourly rate for the vehicle until the, original documents, key/key fob/starting device/parking pass/toll payment pass is returned safely to VA-YU and you will remain responsible for the payment of charges against the usage of the vehicle during such period. You may also be charged a fee at VA-YU's sole discretion to replace any of the items missing from the vehicle.
The end of the trip is confirmed by: (a) specific completion of closing checklist at the end of trip; or (b) an intimation to the User on the VA-YU app; or (c) by unwarranted breakdown/accident of the vehicle.
The User is responsible for all charges and costs incurred related to VA-YU vehicle for the entire period of the booking and the ride and until the vehicle is returned, secured, closed, locked and serviceable (all accessories off, key out of ignition and in proper place, toll payment pass and parking pass and other accessories in the vehicle) to its designated location. VA-YU vehicles must be returned no later than the end time of the booking and the User's scheduled trip/ride comes to an end automatically and will be governed as per the provisions of Clause above if an extension is sought.
The User is required to report to VA-YU 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, including but not limited to, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors.
Notwithstanding anything contrary contained under this agreement, any damage caused to vehicle/VA-YU because of the User'swillful misconduct or gross negligence, during such time when the vehicle is not in motion, will attract charges/ fees as per the sole discretion of VA-YU, in addition to the right of VA-YU to claim full indemnity of all damages, claims, costs and expenses from the User.
Stolen vehicles or any accidental incidents must be immediately reported to VA-YU and the nearest police station with a detailed written complaint based on actual facts. The User 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 VA-YU. The Userwill be solely liable without any demur, for any loss due to a discrepant, inconsistent or distorted complaint or information by the User. Further, the User expressly agrees and accepts that VA-YU shall not in any manner be held liable for any such stolen vehicles or accidental incidents.
In the event that VA-YU is unable to claim insurance for any reason, then the User shall indemnify VA-YU to the fullest extent in lieu of the loss or/and damage resulting directly or indirectly from such theft or accident.
The Useracknowledges and agrees that riding a VA-YU vehicle involves an inherent risk of personal injury and the User undertakes and assumes this risk in entirety for themselves, any person riding with the User as a pillion (whether or not such pillion is a User of VA-YU) and any otherUserof VA-YU.
The User hereby agrees to release and discharge VA-YU in perpetuity from and of any and all claims, demands, rights and causes of action of whatever kind or nature, arising from and by reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries (including without limitation to fatal injuries) and the consequences thereof, whether or not caused or contributed to in whole or in part by a defect in the vehicle or in any way connected with the vehicle.
VA-YU expressly asserts that the liability of VA-YU towards third-party claims arising out of, related with or incidental to this Agreement, shall be limited and subject to the clauses of this Agreement.
The User expressly agrees and accepts that VA-YU, shall not be held liable for any direct and indirect losses or/and damages which may arise from, be related with or incidental to the following without limitation:
The User is responsible for complying with all applicable speed limit and child restraint laws. It is being made crystal clear that Users must abide with the maximum speed/ weight limit and any other instructions being displayed/ communicated by the authorities through marks or sign boards in various locations of the trip.
All VA-YU Users are provided with up to 2 (two) open face helmets for your convenience but we strongly recommend that you carry your own full helmets.
VA-YU tracks usage of the vehicle by the User via Global Positioning System devices and also equips the vehicles with immobilizer systems which can be activated remotely. You agree and accept that such tracking and systems are only a necessary and reasonable measure undertaken by VA-YU in pursuance of the safety of its Users and its vehicles, and does not constitute an infringement on any of your rights including without limitation your right to privacy, data protection, movement, etc.
Each time the User parks a VA-YU vehicle (either at the end of the ride or during the ride period), the User is responsible for securing the vehicle from external factors including human or general known adverse weather conditions. The User will also make sure to securely lock the vehicle including the handle bar lock and will also activate the anti-theft alarm of the vehicle.
VA-YU prescribes all its Users to take full responsibility of their belongings. In case any User claims to have left back any luggage or any phones or personal music devices inadvertently in a VA-YU vehicle after the User completes his/her ride, then VA-YU shall endeavor to locate the lost belongings on a best-effort basis provided the User notifies VA-YU of the same within 90 (ninety) minutes of the successful return of such vehicle post completion/termination of the ride, but VA-YU shall not be held responsible for any loss or damage incurred by the User in any such circumstances.
VA-YU will perform all necessary and required routine maintenance of all its vehicles. However, the User is responsible for the cleanliness of the vehicle and is expected to assist in helping VA-YU to maintain the riding safety and performance of the vehicle, in particular during longer reservations or when the vehicle indicates that service or maintenance is required.
Vehicle may require Roadside Assistance from time to time. VA-YU 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, then the User may be charged for the full costs of the roadside assistance incurred including without limitation in costs incurred in furtherance of towing, repair and maintenance.
Use of tobacco, cigarettes, cigars, and alcohol is absolutely prohibited inside VA-YU vehicles. The User is subject to additional fine if evidence of smoking, chewing, drinking or dipping is found inside or on VA-YU vehicles to the satisfaction of VA-YU or complained of by a User using the vehicle immediately following the User's ride.
Burning any substance is absolutely prohibited in or on VA-YU vehicles. This includes, but is not limited to tobacco, other drugs, and incense.
Pets are absolutely prohibited in or on VA-YU vehicles. The User is subject to additional fees, if evidence of pets is found to the satisfaction of VA-YU in VA-YU vehicles or complained of by a User using the vehicle immediately following the User's ride.
VA-YU vehicles are strictly meant for personal use by Users. The use of a VA-YU vehicle under the following conditions is prohibited:
Vehicles cannot be used for commercial purposes. Further, VA-YU vehicles cannot be used or ridden outside the city/ jurisdiction limits of Delhi. The User shall exercise due knowledge, caution and restraint in ensuring that the vehicles are used strictly within the city/ jurisdiction limits.
VA-YU may immediately suspend or terminate the use of its Services by any User for violation of any of the terms and conditions of this agreement or any of the Policies. Upon suspension or termination, any existing reservations of the User may be cancelled by VA-YU at its sole discretion. In addition, the User will be absolutely responsible for any and all, losses, damages (direct/ indirect), costs, charges, fees and expenses incurred by VA-YU, as a result of such breach of any of the terms and conditions of this agreement and the User shall be required to fully indemnify VA-YU. Further, the User unconditionally and irrevocably agrees that VA-YU reserves the right to pursue remedial action to recover the losses/ damage suffered by VA-YU from the User/ User's properties, including but not limited to his/her legal heirs/representative's properties. VA-YU acknowledges and agrees that the remedial action pursued shall not constitute any amount of force or coercion.
Please be informed that VA-YU may track usage of the vehicle by the customer via GPS devices installed on the vehicles, and further that the vehicles may be equipped with immobilizer systems for safety and security purposes. If any VA-YU vehicle is being subject to unauthorized access or is being subject to any of the restricted or prohibited conditions mentioned here, then VA-YU reserves the right to remotely activate the immobilizer system on the vehicle, and immobilize the vehicle that in the reasonable view of VA-YU is being subject to unauthorized access or any of the restricted or prohibited conditions mentioned here. The view and decision of VA-YU shall be final, and VA-YU reserves the right to undertake such measures based on its reasonable view and judgment in such matters, without prejudice to other rights of VA-YU against the User (including those enumerated in Clauses above). The costs and expenses involved in the losses/ damage suffered by VA-YU on account of immobilizing the vehicle as well as towing/ restoring the vehicle as well as any related costs and expenses shall be solely to the account of the User, and the User shall be required to fully indemnify VA-YU on this account.
VA-YU expressly asserts that its Services are not solicited nor intend to be solicited to people under the age of 16.
All breakdowns or incidents involving VA-YU vehicles must be reported to VA-YU immediately by phone at 8800608040 and via email on firstname.lastname@example.org.
While using a vehicle, if a problem arises that prevents or limits the use of the vehicle or that may compromise people's safety, User must immediately notify VA-YU on the above-mentioned phone number/email id and follow VA-YU's instructions. User may have to pay for towing, repairs, and other expenses in some circumstances as described in the clauses hereinabove.
The User is strictly prohibited from performing a jump start to VA-YU vehicle. The User is fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any VA-YU vehicle.
In case of an incident involving property damage or any third party, the User must fill out an official police report form and, mandatorily provide a jointly agreed-upon statement, complete VA-YU's incident report form, and obtain the following information:
The User must provide VA-YU and any other claims adjustment service with the findings of any report or any notice relating to a claim or a lawsuit against VA-YU regarding any incident involving a VA-YU vehicle. The Users agree and accept to cooperate fully with VA-YU in the investigation and defense of any such claim or lawsuit. A User's accounts will be suspended until the investigation has been concluded.
The User shall be responsible for the costs related to the repair, recovery, and loss of use of any VA-YU vehicle resulting from any of the foregoing, up to the current damage fee, as set forth in the Fee Policy (if such costs are because of the fault of the User or if the fault is not directly established to any other person/ entity, or where any cost is not paid / reimbursed by the insurer of VA-YU vehicles or the insurer of the other vehicle involved in the accident).
The User is responsible for any traffic violations incurred due to their inappropriate use of a VA-YU vehicle. This includes, but is not limited to: unauthorized parking, excess speeding, breaking red light, photo enforcement, and toll violations. The User is solely liable for all costs imposed due to any such violation during the concurrence of their trip/ride/booking, including fines for late payment and any processing fees added by the respective regulatory authority. The User is liable for payment of all tolls and any fines for toll evasion. The User must report such violations to a VA-YU representative, as soon as possible, within the prescribed timeline for the violation (for example, if the case is being taken to court). VA-YU will notify the Userimmediately by email after it comes to know about any of such violation and the User shall forthwith pay the relevant fine/s to the authority concerned and provide VA-YU with the proof of such payment, failing which VA-YU will pay those amounts and the User shall reimburse the same to VA-YU at earliest and in any case not later than 3 (three) working days from such payment. However, where the User has personal knowledge of such violations, VA-YU will not be obligated to provide the User with the notification as above, but the User's obligation to pay the relevant fine/s and notifying VA-YU of such compliance will continue as aforementioned.
The User must notify VA-YU of any traffic violation notices found on a vehicle at the time of vehicle pick up.
The Usermust not leave a vehicle in a zone which has parking restrictions. If the User leaves the vehicle in such a restricted zone, they must immediately notify VA-YU, and they will be responsible for any and all violation notices or towing charges incurred by VA-YU. Additionally, financial penalties will be levied against the User for any inconvenience caused to other VA-YU Users if the vehicle is unavailable for its scheduled booking because of such parking violations as set out in the Fee Policy.
If the User is in full compliance with the terms and conditions of VA-YU's policies being mentioned at the Platform, then VA-YU shall provide the User with a primary third party liability protection, which protection shall be to the extent of claims / liabilities covered by VA-YU's vehicle insurer, on VA-YU's vehicles for any/ all claims and/or liabilities arising during the use or operation of the vehicle by the User. The User will however be responsible for any associated deductible charges directly/indirectly personally attributable to the User's default or otherwise as per discretion of VA-YU.
If at any time it is determined that losses/claims mentioned hereinabove will exceed the insurance coverage taken by VA-YU, then the User will be responsible for any such excess claims/ loss/ damages.
VA-YU is not responsible for any damage to, loss or theft of, any personal property belonging to a User or co-passenger 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 VA-YU vehicle as permitted by this Agreement and as per applicable laws. Any such protection excludes any claim made by a User or co-passenger or User's/co-passenger's immediate family members who permanently live with the User or is travelling with the User at the time of incident. This obligation may be limited to the extent VA-YU's coverage applies. VA-YU shall not be liable to User/co-passenger for any indirect, special, punitive, or consequential damages (including lost profits) arising from or related to VA-YU vehicle, its use, or this agreement.
The User including but not limited to his/her properties, legal heirs etc.; (in case of his/her absence) indemnifies and holds VA-YU, its parent company and affiliates and his/her respective directors, officers, employees, shareholders, agents, attorneys, assigns and successors-in-interest, harmless without demur for all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, business loss and other expenses incurred by VA-YU arising from: (1) the use or possession of VA-YU vehicle by the User and (2) the User's non-compliance with this agreement.
The User including but not limited to his/her legal heirs/ representatives/ guardians shall have final responsibility to VA-YU for all such losses.
This agreement is intended for the benefit of the Users and VA-YU and no other party may claim rights hereunder, whether as a third-party beneficiary or otherwise. Under no circumstances will VA-YU be liable to any third-party for indirect, incidental, special, or consequential damages arising from or related to this agreement or use of VA-YU vehicles and availing of a Service by the User.
VA-YU captures, stores, processes and uses the User's personal data, including, but not limited to, name, email id, internet protocol address, copy of driving license and any other additional address cum identity proof, image of the User, the usage and vehicle data as they relate to the User, to the extent this is necessary for the administration and implementation of this Agreement and the User's use of VA-YU vehicle. Should third-party services be used, VA-YU is entitled to forward to the third-party service provider the User's personal data, to the extent this is required in order to fulfil the objectives of the agreement.
VA-YU is entitled to provide User's personal data to third-parties for the purposes of providing individualized offers, Services, and other customized information to Users.
VA-YU shall be entitled to disclose information of the User to VA-YU's parent company and to all companies controlled by VA-YU or any of its affiliates and to any government body as required by the law/ or by directive/ or request from any government body or to any third party deemed fit and proper by VA-YU, in its absolute discretion.
We do not guarantee, represent or warrant in any manner that your use of our Services will be uninterrupted, timely, secure or error-free.
We do not warrant in any manner that the results that may be obtained from the use of the Services will be accurate or reliable or effective in nature. You understand and accept that the reliance on the Services is solely at your own judgment and risk, and you shall not hold VA-YU liable for the same in any manner whatsoever. Our liability is limited to that provided in the above-mentioned clauses of this agreement.
You agree that, from time to time, we may suspend, modify, restrict or remove our Services for uncertain or indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Services are at your sole risk. The Services delivered to you are (except as expressly stated by us) provided on an âas isâ and âas availableâ basis; for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of the vehicle, quality, fitness for a particular purpose, durability, title, and non-infringement.
You acknowledge that third-party links on our Platform or Services may direct you to third-party sites or pages or applications that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites or pages or applications, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or pages or applications, or for any other data, information, products or services of any third-parties.
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools âas isâ and âas availableâ basis; without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion; and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Any dispute, controversy or claims by or between, VA-YU and the User, hereto arising out of or relating to or in connection with terms and conditions of this agreement or transactions contemplated on the Platform, or the breach, termination, validity of any term under this agreement shall be finally settled by Arbitration; in accordance with the Indian Arbitration and Conciliation Act, 1996, as in force from time to time. There shall be a sole arbitrator, who shall be appointed by VA-YU. Any arbitration proceedings or award rendered hereunder and the validity, effect and interpretation of this agreement to arbitrate shall be governed by the Laws of India. The arbitration proceedings shall be conducted in New Delhi, and the award shall be rendered in the English Language.
Subject to the arbitration clause, the User irrevocably agree that the courts in New Delhi shall have exclusive jurisdiction for the purpose of hearing and determining any litigation, suit, action or proceedings and/or to settle any disputes arising out of or in any way relating to this agreement or its formation or validity and for the purpose of enforcement of any judgment against its property or assets.
Nothing in this clause shall (or shall be construed so as to) limit the right of VA-YU to initiate proceedings against any of its Users in accordance with mandates contained in the Civil Procedure Code, 1908.
Notwithstanding anything contained in the foregoing sub clauses, the jurisdiction in relation to criminal proceedings shall be governed in accordance with the provisions of the Indian Penal Code, 1860 and Code of Criminal Procedure, 1973.
The User agrees to pay VA-YU reasonable attorney's fees and costs in any legal proceeding relating to this agreement, including appeals, where the respective court or forum pronounces the order in favor of VA-YU.
The User must not aid or encourage the filing of any third-party claim or lawsuit against VA-YU, and the User must cooperate fully with VA-YU and VA-YU's insurer in the investigation and defense of any claim or lawsuit. In any proceeding involving the User and VA-YU as co-defendants should VA-YU determine in its sole discretion that the User's independent attorney has not aligned his defense similar to that of VA-YU, then VA-YU shall be entitled to call upon the User to change his attorney to one advised by VA-YU and the User shall accordingly change his attorney at his own cost.
The User must immediately notify and deliver to VA-YU 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 VA-YU vehicle.
If 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 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.
This agreement, together with the User guide, trip process, User application, Fee Policy, and any applicable consent forms and the Policies, along with any amendments hereto, encompasses the entire agreement between the User and VA-YU, and supersedes all previous understandings and agreements between the User and VA-YU.
The User acknowledges and represents that he or she has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this agreement.
No term contained in this agreement may be changed or waived, except in writing signed by an expressly authorized representative of VA-YU. No waiver of default by User/ You under any of the Terms or Conditions of this agreement shall be construed as a waiver of any prior or subsequent default of any of the terms or conditions of this agreement.
The rights granted to the User under this agreement are not assignable or transferable, in whole or part. Any attempt to transfer this agreement without the written consent of VA-YU shall be void and of no force and effect. VA-YU reserves the right and can at its absolute discretion can assign the rights and obligations under this agreement (or any part thereof) to an affiliate or to another entity in connection with a corporate transaction, assignment process, any other commercial arrangement or otherwise.
The User will never be deemed to be VA-YU's agent or employee in any manner for any purpose whatsoever.
This agreement shall continue to apply until terminated by either you or VA-YU as set forth below. If you want to terminate this agreement with VA-YU, you may do so by: (i) not accessing the Platform; or (ii) closing your account for all of the Services that you use, where VA-YU has made this option available to you.
You agree that VA-YU may, in its sole discretion and without prior notice, terminate your access to the Platform and block your future access to the Platform if VA-YU determines that you have violated the terms and conditions of this agreement any other Policy(s) of the Platform. You also agree that any violation by you of the Policies will cause irreparable harm to VA-YU, for which monetary damages may be inadequate, and you consent to VA-YU obtaining any injunctive or equitable relief that VA-YU deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies which VA-YU may have at law or in equity.
In addition to clause above, VA-YU may, at any time, with or without notice, terminate these terms of this agreement with you if:
VA-YU may also terminate or suspend all or a portion of your account or access to the Services with or without reason. Termination of your account may include:
You agree that all termination shall be made at VA-YU's sole discretion and that VA-YU shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your account information), or your access to the Platform and Services.
Notwithstanding the foregoing, such terms of this agreement as are meant to survive termination / expiry of this agreement, will survive indefinitely unless and until VA-YU chooses to terminate them.
If performance of any Service or obligation under the terms and conditions of this agreement or any other provisions of the policies of the Website, or other third parties in fulfilment of transaction (for e.g. home deliveries of vehicles, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable commercial control of VA-YU or its third parties performing such services as sub-contractor to VA-YU and could not have been prevented by reasonable precautions (each, a âForce Majeure Eventâ), then VA-YU shall be excused from such performance to the extent of and during the period of such Force Majeure Event. VA-YU shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
When you use the Platform or send emails or other data, information or communication to VA-YU, you agree and understand that you are communicating with VA-YU through electronic records and you consent to receive communications via electronic records from VA-YU periodically and as and when required.
VA-YU will communicate with you by email or by notices on the Platform or electronic records on the Platform or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
You agree and accept that, any creative ideas, suggestions, proposals, plans, feedback or other materials, whether online by email, postal mail or otherwise, You provide to VA-YU shall be deemed to be non-confidential and further VA-YU reserves the right to use such information without any restriction to edit, copy, publish, distribute, translate and otherwise use in any medium or any feedback that you provide.
VA-YU may, but shall have no obligation to, respond, monitor, edit or remove any Feedback appearing on the Platform that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or this agreement.
For the sake of clarity, VA-YU may at its discretion, make any modifications or changes to the Platform, the content therein and/ or Services on the basis of such feedback, however VA-YU shall not be obliged to do so. Further, in the event that VA-YU makes any changes or modifications to the Platform, the content therein and/ or Services on the basis of any such Feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Platform, the content therein and/ or Services.
You expressly waive any and all rights in such changes or modifications to the Platform, the content therein and/ or Services, and assign to VA-YU, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Platform, the content therein and / or Services, in perpetuity.
You hereby waive all rights under applicable law in relation to any changes or modifications to the Platform, the content therein and/ or Services.
The terms and conditions and the privacy policies can be updated by the company without any prior approval and Users are requested to kindly check for the updates. Any modification will be notified to the Users either through email or through mobile app. Once accepted then the same will be binding between the parties.
Questions about this agreement should be sent to us at email@example.com.
Our Privacy policies governs the information provided or collected from our users/riders while creating account or thereafter anytime while using our services or products provided by our company through VA-YU app, website or through any other medium. The information provided by users/riders will be stored and used by Treehouse Ventures Pvt Ltd as per the applicable laws.
THE INFORMATION COLLECTED OR PROVIDED by the users / riders is saved by us to identify our users and is necessary to provide our services.
Personal information like, name, address, contact numbers, email id, gender, age, driving license details, address proof, banking information, photograph,identity proofs, device used by users or any other document or information will be saved by our company.
Any communication either written or through email will be saved.Banking information like your credit/debit card details will be saved by us or can also be shared.We will also link the information of the vehicle used by the user to the users account and saved so that users can check their travel history.
USERS INFORMATION is saved and used to provide services to our users. Without knowing or saving the users information it is difficult for us to provide our services. Our aim is to collect the information of our users only to provide our services in an efficient way. The information collected by our company or affiliates or partners or agents is used in one or more of the following manner or in any other manner as required as per law:-
LOCATION of ours users /riders is very important for using our services. If you do not wish to provide us your location then we will not be able to provide you our services. We may collect your precise or approximate location information as determined through data such as GPS, IP address,WiFi or any other mode. Location will be collected through mobile app as well as through our vehicle even when the app is running in the background of your device and even when it is enabled through your app settings or device permissions.
Cookies are small data files loaded or saved on the uses browser or device by our mobile app and websites and are used for the purposes such as:
ALL THE INFORMATION provided will be complied by our company and only the name, photo of the users will be shared in the public domain to rate the users as to how they act socially and use our services. By accepting these policies users give irrevocable consent to us to share the information of our users in our public domain and reviews they share on our mobile app or on any other social media portal or by any other mode of communication.We reserve the right to blacklist users who use our services in violation of our rules or in any other manner harmful not only to the public at large, any of our users, to our company or to any other person related to our company.
ACCURACY OF INFORMATION provided by ours users is very important as it is for us to secure your information. All the information provided by the users/riders should be precise, accurate, updated and in consonance with the government issued ids. If at any point of time it is found that the information provided is not precise, accurate and updated then our company will not be able to provide services and can also initiate action as per law.
SECURITY of the Information is important and the information collected is securely stored within our databases, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) for protecting your information. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet or wireless communication, and any information you transmit to the Company you do at your own risk. We recommend that you not disclose your password to anyone.
This fee and refund policy is part and parcel of the terms & conditions agreement and is a legally binding agreement between Treehouse Ventures Private Limited, having our registered office at 13 A, Shivaji Marg, Najafgarh Road, New Delhi - 110015 (shall hereinafter be referred to as 'VA-YU'/ 'VAYU' or the 'Company' or 'we' or 'us' or 'our') and the guest users or registered users of the Platform (shall hereinafter be referred to as 'Member' or 'you' or 'your' or 'yourself' or 'customer' or the 'User').
All Refunds made shall be refunded only via the registered bank account or paytm account or to the original payment mode only within 7-10 working days.
Penalties for non-adherence to terms & conditions
Traffic and Parking violations
Full fine amount to be borne by the customer
Towing and Impounding
Impounding charge plus retrieval charge of Rs 500
Penalty of Rs. 500
Penalties for Vehicle Abandoning
Except in case of vehicle failure and the User informs VA-YU of the same
Vehicle rent will be charged for the full duration till the vehicle is retrieved by VA-YU along with penalty charges as below.
If User informs VA-YU about the location and abandons the vehicle
Retrieval charge of Rs. 500
If User does not inform VA-YU and abandons the vehicle
Retrieval charge of Rs.500 and penalty of Rs 250
Not Returning vehicle on the same day (without overnight booking)
Penalty of Rs.
Vehicle is to be driven within the state limits of Delhi only.
User responsible for any incident/government fines and penalties of Rs. 250
Damage to Body Parts
Lost Key/Lock set Damage
Either Indicator, Brake Lever, Side Lower Panel, Handle, Footrest, Lock Set, Front Panel, Stand, Taillight
Either Side Upper Panel, Rear-view Mirror, Headlight, Mudguard, Helmet
Instrument Cluster, either Seat, Floor, Tyre, Front Mask
Vehicle Damage/Scratches/Dents Any unintentional/accidental damage
User liable for the damage charges of Rs. 5000 or the actual bill amount
Other Major Vehicle Damages
As per the actual cost of repair plus per day holding charges of Rs.200 till the vehicle is repaired and returned
Note: Payments owed by the User are to be paid by the User online.
If a VA-YUUser is violating the law or VA-YU terms & conditions, for example by over speeding or driving drunk, the User will be responsible for all damage, liability, and fines and could face legal action.
Responsibility for Payment :
Collision or other incident :
Other terms :