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EMO Blue Mobility Pvt. Ltd.

PRIVACY POLICY

1. SCOPE OF THIS POLICY

   1. This Privacy Policy (“Policy”) is an electronic record in the form of an electronic agreement formed under applicable laws including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023 (“DPDP Act”), and applicable rules framed thereunder. This Policy does not require any physical, electronic or digital signature.
   2. This Policy is a legally binding document between you (“Visitor”, “User”, “Rider”, or “Data Principal”) and EMO Blue Mobility Pvt. Ltd. (“Company”, “we”, “us”, or “our”).
   3. We collect, process, store, use, disclose and otherwise handle your Personal Data only for lawful purposes described under this Policy, the Vehicle Rental Agreement, Terms & Conditions, Refund Policy and associated agreements, and only to the extent necessary for providing our Products and Services.
   4. This Policy seeks to ensure that all Personal Data handled by EMO Blue Mobility Pvt. Ltd. is managed in a lawful, fair, transparent, secure and privacy-conscious manner in accordance with applicable law and industry practices.
   5. PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE ACCESSING, REGISTERING WITH OR USING OUR WEBSITE, MOBILE APPLICATION OR SERVICES (COLLECTIVELY REFERRED TO AS THE “PLATFORM”).

      BY ACCESSING OR USING THE PLATFORM, REGISTERING AN ACCOUNT, SUBMITTING INFORMATION, AVAILING OUR SERVICES OR OTHERWISE ENGAGING WITH EMO Blue Mobility Pvt. Ltd., YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THIS PRIVACY POLICY AND YOU CONSENT TO THE COLLECTION, STORAGE, USE, PROCESSING, DISCLOSURE AND TRANSFER OF YOUR INFORMATION IN THE MANNER DESCRIBED HEREIN.

      IF YOU DO NOT AGREE WITH THIS POLICY, YOU SHOULD NOT ACCESS OR USE THE PLATFORM OR SERVICES.

   6. This Policy applies to all data and information collected, received, generated or processed through the EMO Blue Mobility Pvt. Ltd. website including emoblue.in, all mobile applications published or operated by EMO Blue Mobility Pvt. Ltd. including the “EMO Blue Mobility Pvt. Ltd.” application, email newsletters, SMS communications, push notifications and communications distributed by EMO Blue Mobility Pvt. Ltd., vehicle telematics systems, charging systems and related operational technologies, customer support channels, communication systems and interactive features provided by EMO Blue Mobility Pvt. Ltd., and all related products, services, software systems and digital interfaces operated by EMO Blue Mobility Pvt. Ltd.
   7. This Policy explains the categories and types of information collected by EMO Blue Mobility Pvt. Ltd., the manner in which such information is collected, the purposes for collection, processing and usage of such information, the manner in which such information is stored, used, disclosed and shared, the rights and choices available to Users and Data Principals under applicable laws including the Digital Personal Data Protection Act, 2023, the security practices and safeguards implemented by EMO Blue Mobility Pvt. Ltd. for protection of personal data, and the grievance redressal mechanisms available to Users.
   8. EMO Blue Mobility Pvt. Ltd. reserves the right to amend, modify, revise or update this Policy from time to time without prior notice. Any revised or updated version of this Policy shall become effective immediately upon publication on the Platform. Continued access to or use of the Platform, Services or Products after publication of such revised Policy shall constitute your unconditional acceptance of the updated terms and conditions of this Policy.

2. CONSENT

   1. By accessing, registering on, using or continuing to use the Platform or Services of EMO Blue Mobility Pvt. Ltd., you provide your free, specific, informed, unconditional and unambiguous consent to the collection, storage, processing, use, disclosure and transfer of your Personal Data in accordance with this Privacy Policy and applicable laws including the Digital Personal Data Protection Act, 2023.
   2. You expressly consent to EMO Blue Mobility Pvt. Ltd. collecting and processing your Personal Data for lawful purposes including but not limited to user registration, identity verification, Aadhaar and driving licence verification, KYC compliance, vehicle rentals and reservations, payment processing, customer support, service communications, vehicle tracking, operational monitoring, safety management, fraud prevention, analytics, marketing communications, charging infrastructure services, maintenance services and compliance with applicable legal and regulatory obligations.
   3. You acknowledge and agree that certain Services may not be accessible unless the required Personal Data is provided and necessary consent is granted. Failure or refusal to provide such consent may restrict, suspend or prevent access to certain features, Products or Services offered by EMO Blue Mobility Pvt. Ltd.
   4. You may withdraw your consent at any time by contacting EMO Blue Mobility Pvt. Ltd. through the contact details or grievance mechanism provided in this Policy. Upon withdrawal of consent, EMO Blue Mobility Pvt. Ltd. may discontinue or restrict the Services to the extent such Personal Data is necessary for providing the Services or complying with legal obligations.
   5. Notwithstanding withdrawal of consent, EMO Blue Mobility Pvt. Ltd. may continue to retain and process such Personal Data where such retention or processing is required or permitted under applicable law, regulatory requirements, fraud prevention obligations, dispute resolution, enforcement of legal rights or for compliance with lawful governmental requests or judicial directions.

3. APPLICABILITY

   1. This Privacy Policy applies to all Users, Riders, Visitors, customers, Data Principals and any other persons accessing, browsing, registering on or using the Platform, Products or Services offered by EMO Blue Mobility Pvt. Ltd. This Policy further applies to all mobile applications, websites, software systems, telematics systems, vehicle monitoring systems, communication channels, customer support systems, digital interfaces and operational technologies owned, operated or managed by EMO Blue Mobility Pvt. Ltd.
   2. This Privacy Policy governs the collection, storage, processing, use, disclosure and protection of Personal Data and information collected by EMO Blue Mobility Pvt. Ltd. in connection with vehicle rental services, charging infrastructure services, customer support services, platform operations, analytics, marketing activities and all related business operations conducted by EMO Blue Mobility Pvt. Ltd.
   3. This Privacy Policy shall not apply to:
      1. third-party websites, applications, advertisements or external platforms linked through or accessible from the Platform
      2. third-party payment gateways, banking partners, KYC service providers or independent service providers operating under their own terms and privacy policies;
      3. services, applications or platforms having separate privacy policies which are not expressly incorporated into this Policy; and
      4. information collected offline or independently by third parties without involvement of EMO Blue Mobility Pvt. Ltd.
   4. EMO Blue Mobility Pvt. Ltd. shall not be responsible for the privacy practices, policies, security standards or content of third-party websites, applications or service providers, and Users are advised to independently review the respective privacy policies of such third parties before sharing any information.

4. DEFINITIONS

   1. “Applicable Laws” means all applicable laws, statutes, enactments, ordinances, rules, regulations, notifications, circulars, guidelines, directions and governmental orders in force in India, including the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000 and the rules framed thereunder, as amended from time to time.
   2. “Consent” means any freely given, specific, informed, unconditional and unambiguous indication of the Data Principal’s agreement to the processing of Personal Data for a specified purpose, provided through clear affirmative action in accordance with Applicable Laws.
   3. “Data Principal” or “Data Subject” shall have the meaning assigned under the Digital Personal Data Protection Act, 2023 and refers to an identifiable natural person to whom the Personal Data relates, including any User, Rider, Visitor, customer or individual accessing or interacting with the Platform or availing the Services.
   4. “Information” means collectively the Personal Data/Personal Information and Non-Personal Information collected, received, stored, processed or used by EMO Blue Mobility Pvt. Ltd.
   5. “Non-Personal Information” means any information that does not directly identify an individual and includes browser type, operating system, IP address, internet service provider details, device identifiers, geolocation information, usage analytics, aggregated statistical data, browsing patterns, referring URLs, session logs and similar technical or analytical information collected through the Platform. EMO Blue Mobility Pvt. Ltd. may also collect anonymous or aggregated information regarding user activity, page visits, surveys, questionnaires and usage behaviour for analytics, research and operational purposes.
   6. “Personal Data” or “Personal Information” means any information relating to an identified or identifiable natural person (“Data Subject”, “User” or “Visitor”), whether directly or indirectly identifiable by reference to such information or in combination with other information available with EMO Blue Mobility Pvt. Ltd. EMO Blue Mobility Pvt. Ltd. limits the collection of Personal Data only to such information as is necessary for lawful purposes connected with provision of Services, operation of the Platform, compliance obligations and legitimate business activities.
   7. “Personal Data Breach” means any unauthorized, accidental or unlawful access, acquisition, disclosure, alteration, destruction, loss, misuse or compromise of Personal Data transmitted, stored or otherwise processed by EMO Blue Mobility Pvt. Ltd.
   8. “Platform” means the EMO Blue Mobility Pvt. Ltd. website, mobile applications, software systems, telematics systems, digital interfaces and all related online or electronic platforms operated by or on behalf of EMO Blue Mobility Pvt. Ltd.
   9. “Processing” means any operation or set of operations performed on Personal Data or Information, whether automated or otherwise, including collection, recording, organization, structuring, storage, adaptation, retrieval, consultation, use, sharing, disclosure, dissemination, transfer, alignment, combination, restriction, erasure or destruction.
   10. “Recipient” means any natural person, legal entity, public authority, agency or other body to whom Personal Data is disclosed, whether as a third party, service provider, contractor, affiliate or governmental authority, excluding authorities receiving information pursuant to lawful investigations or statutory requirements.
   11. “Restriction of Processing” means the marking, suspension or limitation of Processing of stored Personal Data for specified purposes or periods in accordance with Applicable Laws.
   12. “Services” means EV rental services, vehicle subscription services, charging services, battery services, customer support services, maintenance services, rewards programs and all related services provided by EMO Blue Mobility Pvt. Ltd.
   13. “User” or “Visitor” means any person accessing, browsing, registering on, interacting with or using the Platform or availing any Services provided by EMO Blue Mobility Pvt. Ltd., including prospective, existing and former customers.
   14. “Vehicle” means the electric two-wheeler, battery, charger, accessories, telematics systems, GPS systems, keys, documents and related equipment provided by EMO Blue Mobility Pvt. Ltd.

5. INFORMATION COLLECTED BY EMO Blue Mobility Pvt. Ltd.

   1. EMO Blue Mobility Pvt. Ltd. may collect, receive, store and process various categories of Personal Data and Information from Users/Data Principals for the purposes of providing Services, ensuring regulatory compliance, improving operational efficiency, enhancing user experience and complying with Applicable Laws.
   2. The categories of Personal Data and Information collected by EMO Blue Mobility Pvt. Ltd. may include:
      1. Identity Information, including full name, date of birth, Aadhaar details, PAN details, driving license details, profile photographs and other government-issued identification documents submitted for identity verification or KYC purposes.
      2. Contact Information, including mobile number, e-mail address, residential address, business address and emergency contact details.
      3. KYC and Verification Information, including Aadhaar-based authentication details, driving license verification details, electronic KYC records, video KYC records and information received through third-party KYC verification service providers.
      4. Financial and Payment Information, including bank account details, UPI details, billing details, payment records, wallet transactions, refunds, security deposit details and payment history.
      5. Vehicle and Usage Information, including booking details, ride history, trip duration, GPS location, route information, vehicle tracking data, battery status, charging patterns, motor performance, speed, operational statistics, diagnostics data, telematics information, service records, maintenance history and repair logs.
      6. Technical Information, including IP address, browser type, operating system, application version, device identifiers, internet service provider details, session identifiers, access timestamps, device configuration, log files, crash reports and usage analytics.
      7. Customer Support and Communication Information, including feedback, complaints, support requests, call recordings, chat communications, emails, SMS records and other communications exchanged with EMO Blue Mobility Pvt. Ltd.
   3. EMO Blue Mobility Pvt. Ltd. may collect Information in various circumstances including when:
      1. you create or register an account on the Platform;
      2. you book, reserve, subscribe to or rent a Vehicle;
      3. you complete identity verification, KYC or compliance procedures;
      4. you make payments, wallet transactions or security deposit payments
      5. you contact customer support or raise complaints or queries;
      6. you participate in surveys, campaigns, promotions, referral programs, ratings or rewards programs;
      7. you subscribe to newsletters, alerts, notifications or marketing communications;
      8. you voluntarily upload, submit or share information through the Platform;
      9. you use EMO Blue Mobility Pvt. Ltd. Vehicles, charging infrastructure, telematics systems or related technologies; or
      10. you interact with EMO Blue Mobility Pvt. Ltd. through websites, mobile applications, customer support channels or communication systems.
   4. Certain portions of the Platform may be accessible without providing Personal Data. However, access to specific Services, bookings, rentals, subscriptions, KYC verification, payment functionality and other operational features may require submission of mandatory Personal Data and Information.

6. INFORMATION COLLECTED AUTOMATICALLY

   1. When you access, browse, register on or use the Platform or avail any Services provided by EMO Blue Mobility Pvt. Ltd., certain information may automatically be collected through cookies, web beacons, telematics systems, GPS integrations, device integrations, analytics tools, server logs and similar technologies for operational, analytical, security, compliance and service-related purposes.
   2. EMO Blue Mobility Pvt. Ltd. may automatically collect technical, operational and usage-related information including but not limited to:
      1. login and logout timestamps, session duration and access records;
      2. browsing behaviour, click patterns, navigation activity and interaction with features available on the Platform;
      3. app interaction data, transaction activity and user activity logs;
      4. device identifiers, device model, device configuration, operating system details, browser type and application version details;
      5. internet protocol (IP) address, mobile network information, internet service provider details and connectivity information;
      6. referral URLs, browsing history and pages visited on the Platform;
      7. session identifiers, cookies, analytics identifiers and related tracking information;
      8. GPS location information, ride routes, trip analytics, vehicle movement history and vehicle tracking data;
      9. battery health, battery usage, charging patterns, charging behaviour, charging duration and energy consumption data;
      10. motor performance, speed, diagnostics, vehicle operational statistics and telematics information;
      11. app crash reports, software diagnostics, error reports and technical performance logs;
      12. information relating to use of charging stations, charging infrastructure and related systems; and
      13. other technical and analytical information generated through use of the Platform, Vehicles or Services.
   3. EMO Blue Mobility Pvt. Ltd. may use such automatically collected information for lawful purposes including:
      1. operating, maintaining and improving the functionality, efficiency and security of the Platform and Services;
      2. enabling vehicle tracking, fleet management, theft prevention, recovery operations and rider safety measures
      3. monitoring battery health, charging infrastructure, vehicle diagnostics and operational performance;
      4. detecting, preventing, investigating and mitigating fraud, unauthorized access, misuse, suspicious activity or violations of Company policies;
      5. improving application performance, software systems, telematics systems and customer experience;
      6. generating analytics, usage reports, research insights and operational statistics;
      7. optimizing charging station locations, charging efficiency and energy management systems;
      8. troubleshooting technical issues, app crashes, software bugs and system errors;
      9. protecting the rights, property, safety and security of EMO Blue Mobility Pvt. Ltd., its Users, Vehicles, employees, service providers and the general public.
   4. Certain information may continue to be collected automatically while the Vehicle, telematics systems, GPS systems, charging systems or related technologies remain active or connected to the Platform, subject to Applicable Laws and operational requirements.

7. COLLECTION OF LOCATION DATA

   1. EMO Blue Mobility Pvt. Ltd. may collect, receive, store and process GPS location data, telematics data and geolocation information from Vehicles, mobile devices, charging systems and connected technologies used in connection with the Services for lawful operational, safety, security and business purposes.
   2. Location data may be collected continuously or periodically while the Vehicle, Platform, mobile application, GPS systems, telematics systems or related technologies are active, connected or in use.
   3. The location information collected by EMO Blue Mobility Pvt. Ltd. may include live location data, ride routes, trip history, travel patterns, charging locations, route analytics, geo-fencing information, vehicle movement records and operational location data.
   4. EMO Blue Mobility Pvt. Ltd. may use such location information for purposes including:
      1. vehicle tracking, monitoring and fleet management;
      2. theft prevention, recovery and security management;
      3. route optimization and operational efficiency;
      4. identification of nearby charging stations, battery swap stations and service centres;
      5. ensuring Vehicle usage only within permitted territories and operational zones;
      6. monitoring rider safety, emergency situations and accident response
      7. operational analytics, service improvements and usage analysis;
      8. fraud prevention, misuse detection and enforcement of Company policies;
      9. diagnostics, telematics management and performance monitoring; and
      10. compliance with Applicable Laws, governmental requirements and lawful requests from authorities.
   5. By accessing the Platform, enabling device permissions or using the Services, the User expressly consents to the collection, storage, use, sharing and processing of location data and telematics information in accordance with this Policy and Applicable Laws.
   6. Users may disable location permissions through device settings; however, certain Services, functionalities, vehicle operations, safety features, tracking systems or charging-related services may become unavailable, restricted or non-functional upon such disabling.
   7. EMO Blue Mobility Pvt. Ltd. shall take reasonable technical and organizational measures to protect location data and telematics information against unauthorized access, misuse, disclosure, alteration or destruction in accordance with Applicable Laws and industry practices

8. USE OF INFORMATION

   1. EMO Blue Mobility Pvt. Ltd. may collect, process, store, analyze and use the Personal Data and Information collected from Users/Data Principals for lawful purposes including but not limited to the following:
      1. creation, registration, verification and management of User accounts on the Platform;
      2. Aadhaar verification, driving license verification, KYC compliance and identity authentication through authorized third-party verification service providers
      3. providing EV rental, subscription, charging, maintenance, wallet, support and other Services offered by EMO Blue Mobility Pvt. Ltd.;
      4. processing payments, wallet transactions, billing, refunds, deposits, penalties, dues and related financial transactions;
      5. enabling booking, reservation, tracking, operation and management of EMO Blue Mobility Pvt. Ltd. Vehicles and charging systems;
      6. communicating with Users regarding bookings, rides, payments, updates, reminders, maintenance schedules, security alerts, emergency notifications and service-related announcements;
      7. responding to customer support requests, grievances, complaints, disputes, queries and feedback submitted through calls, emails, chats, messages or other communication channels;
      8. monitoring vehicle performance including battery health, charging behaviour, motor performance, diagnostics, telematics data and operational statistics;
      9. tracking ride history, GPS routes, trip information and permitted territorial usage for operational management, safety, theft prevention and recovery purposes;
      10. detecting, preventing, investigating and addressing fraud, unauthorized usage, suspicious activity, misuse of the Platform, security incidents and violations of applicable laws or contractual obligations;
      11. conducting internal audits, analytics, operational reviews, statistical analysis, demographic studies and research for improvement of Products, Services and customer experience;
      12. personalizing Platform content, recommendations, notifications, promotional campaigns and user experience based on usage behaviour, preferences and interactions;
      13. sending newsletters, promotional communications, offers, advertisements, rewards-related communications and marketing material subject to applicable laws and User preferences;
      14. enabling referral programs, rewards programs, loyalty benefits and promotional campaigns offered by EMO Blue Mobility Pvt. Ltd.;
      15. improving Platform functionality, software systems, mobile applications, charging infrastructure, telematics systems and connected technologies;
      16. generating anonymized, aggregated or de-identified analytics, reports and operational insights for business intelligence, research and infrastructure optimization purposes;
      17. complying with Applicable Laws, regulatory requirements, court orders, governmental directions, law enforcement requests and legal processes;
      18. enforcing the Terms and Conditions, contractual rights, recovery rights, claims, liabilities and legal remedies available to EMO Blue Mobility Pvt. Ltd.;
      19. protecting the rights, property, systems, Vehicles, infrastructure, personnel, Users and business interests of EMO Blue Mobility Pvt. Ltd.; and
      20. carrying out any other lawful purpose connected with the operation, administration, improvement and protection of EMO Blue Mobility Pvt. Ltd. Services and business operations.
   2. EMO Blue Mobility Pvt. Ltd. may use anonymized, aggregated or de-identified data and information for research, analytics, statistical reporting, operational analysis, infrastructure optimization, software improvement, charging network planning, business intelligence and service enhancement purposes, provided such information does not directly identify any individual User/Data Principal
   3. EMO Blue Mobility Pvt. Ltd. may automatically update, maintain, modify or improve its mobile applications, connected software systems, telematics systems and digital infrastructure for purposes including operational efficiency, security enhancement, bug fixes, performance optimization, fraud prevention, system compatibility and feature enhancement.

9. REFER-A-FRIEND AND REWARDS FEATURES

   1. EMO Blue Mobility Pvt. Ltd. may introduce and operate referral programs, promotional campaigns, loyalty programs, incentive schemes or reward-based features including but not limited to “EMO Rewards” for Users of the Platform and Services. Such programs may be governed by separate terms and conditions in addition to this Policy.
   2. Where a User refers another person to the Platform or Services through any referral feature, EMO Blue Mobility Pvt. Ltd. may collect and process the referred person’s contact details including name, mobile number or email address solely for the purposes of administering the referral communication, invitation process, promotional campaign or reward program. Such information shall not be used for unrelated purposes except as permitted under Applicable Laws
   3. For the purpose of operating rewards, loyalty or promotional features, EMO Blue Mobility Pvt. Ltd. may collect, process and analyze additional information including ride behaviour, ride frequency, charging activity, vehicle usage patterns, service usage data, referral activity, transaction history, geolocation information and other operational analytics for determining eligibility, calculating incentives, granting benefits, preventing misuse and improving promotional programs and customer engagement initiatives.Top of FormBottom of Form

10. STORAGE OF DATA

    1. All Personal Data, Information and operational records collected by EMO Blue Mobility Pvt. Ltd. shall be stored on secure servers, cloud infrastructure, databases or technology systems maintained either directly by EMO Blue Mobility Pvt. Ltd. or through authorized third-party service providers, data processors, hosting providers or technology partners engaged for lawful business and operational purposes. Such storage may include digital systems, backup systems, telematics infrastructure and disaster recovery environments located in India or in such jurisdictions as permitted under Applicable Laws.
    2. EMO Blue Mobility Pvt. Ltd. adopts and implements reasonable technical, administrative, operational and organizational security safeguards to protect Personal Data and Information against unauthorized access, misuse, alteration, disclosure, destruction, accidental loss, unlawful processing or security breaches. Such safeguards may include encryption measures, access controls, authentication mechanisms, restricted access protocols, secure communication systems, monitoring systems, firewalls, audit logs, data minimization practices and periodic security reviews.
    3. While EMO Blue Mobility Pvt. Ltd. undertakes commercially reasonable efforts and security measures to safeguard Personal Data and Information, Users acknowledge and agree that transmission of information over the internet, wireless networks, mobile applications or electronic storage systems cannot be guaranteed to be completely secure or free from vulnerabilities. Accordingly, EMO Blue Mobility Pvt. Ltd. does not guarantee absolute security of any data transmitted to or stored by the Platform, and Users acknowledge the inherent risks associated with digital communications and internet-based services.

11. RETENTION OF DATA

    1. EMO Blue Mobility Pvt. Ltd. shall retain Personal Data, Information, operational records and related documents only for such period as may be necessary to fulfil the purposes for which such data was collected, processed or retained, including for provision of Services, operational management, legal compliance, dispute resolution, fraud prevention, enforcement of contractual rights and compliance with Applicable Laws.
    2. Unless a longer retention period is required or permitted under Applicable Laws, regulatory requirements, governmental directions, judicial proceedings or contractual obligations, EMO Blue Mobility Pvt. Ltd. may retain Personal Data for a period of five (5) years from the date of discontinuation, termination or completion of the User’s relationship with EMO Blue Mobility Pvt. Ltd. or cessation of Services. EMO Blue Mobility Pvt. Ltd. may also retain certain records, logs, transaction details, KYC records, payment information, telematics records and communications where necessary for legal, regulatory, audit, security or business continuity purposes.
    3. EMO Blue Mobility Pvt. Ltd. may retain anonymized, aggregated or de-identified information, which does not identify any individual User/Data Principal, for analytics, statistical studies, research, operational improvement, infrastructure planning, service optimization, reporting, security analysis and business intelligence purposes for such duration as deemed necessary by EMO Blue Mobility Pvt. Ltd.

12. THIRD-PARTY SHARING OF INFORMATION

    1. EMO Blue Mobility Pvt. Ltd. may disclose, share, transfer or provide access to Personal Data, Information and operational records to third parties on a need-to-know basis and solely for lawful business, operational, regulatory or contractual purposes including the following:
       1. payment gateway providers, payment aggregators, banks, NBFCs and financial institutions for processing payments, deposits, refunds, billing and financial transactions;
       2. KYC service providers, Aadhaar verification agencies, driving license verification agencies and identity authentication partners for compliance and verification purposes;
       3. insurers, claims management entities, recovery agencies and risk assessment service providers for insurance processing, claims handling, accident management and recovery-related purposes;
       4. cloud service providers, technology vendors, hosting providers, software partners, analytics providers and communication service providers for operation, maintenance and improvement of the Platform and Services;
       5. vehicle maintenance partners, charging station operators, logistics partners and operational vendors for vehicle servicing, charging infrastructure management, diagnostics and operational support;
       6. professional advisors including legal advisors, auditors, accountants, consultants and compliance professionals for legal, financial, operational and regulatory purposes;
       7. government authorities, statutory bodies, regulators, courts, tribunals, law enforcement agencies or other competent authorities where disclosure is required under Applicable Laws, legal process, court orders or governmental directions;
       8. fraud prevention agencies, cybersecurity service providers, investigation agencies and recovery partners for fraud detection, misuse prevention, vehicle recovery, security monitoring and enforcement purposes; and
       9. affiliates, group entities, successors, assigns or entities involved in any merger, acquisition, restructuring or business transfer involving EMO Blue Mobility Pvt. Ltd., subject to appropriate confidentiality obligations.
    2. EMO Blue Mobility Pvt. Ltd. shall not sell, rent or trade Personal Data to third parties for unrelated commercial or marketing purposes without obtaining consent of the User/Data Principal, except where permitted under Applicable Laws
    3. EMO Blue Mobility Pvt. Ltd. shall ensure that all third-party disclosures, transfers or processing arrangements are subject to reasonable confidentiality obligations, security safeguards, contractual protections and data protection measures, wherever applicable and commercially reasonable.

13. INTERNATIONAL DATA TRANSFER

    1. Personal Data, Information and operational records collected through the Platform may be processed, stored, backed up, hosted or transferred by EMO Blue Mobility Pvt. Ltd. to servers, cloud infrastructure, databases, technology systems or authorized third-party service providers located within India or in other jurisdictions outside India, solely for lawful business, operational, technical, administrative, analytics, support, disaster recovery, security or service-related purposes. Such transfers may occur where EMO Blue Mobility Pvt. Ltd. engages technology providers, cloud hosting partners, analytics providers, communication service providers, maintenance partners or other authorized entities for efficient operation of the Platform and Services.
    2. EMO Blue Mobility Pvt. Ltd. shall undertake reasonable contractual, technical and organizational safeguards to ensure that any such transfer, storage or processing of Personal Data is carried out in accordance with Applicable Laws, industry standards and reasonable security practices adopted by EMO Blue Mobility Pvt. Ltd.
    3. By accessing or using the Platform and Services, the User/Data Principal expressly consents to the collection, transfer, storage, hosting and processing of Personal Data and Information in jurisdictions outside India where EMO Blue Mobility Pvt. Ltd., its affiliates, service providers or technology partners maintain infrastructure or operational facilities, subject to applicable legal and security requirements. The User acknowledges that data protection laws in such jurisdictions may differ from those applicable in India.

14. EMERGENCY DISCLOSURES

    1. EMO Blue Mobility Pvt. Ltd. may access, use, preserve or disclose Personal Data, Information, ride records, location data, telematics information or other operational records where such disclosure is reasonably necessary or required for the following purposes:
       1. to comply with Applicable Laws, statutory obligations, judicial proceedings, court orders, warrants, subpoenas, governmental requests, regulatory directions or lawful instructions issued by competent authorities;
       2. to protect and enforce the rights, property, systems, Vehicles, business operations, employees, representatives, Users or legitimate interests of EMO Blue Mobility Pvt. Ltd.
       3. to prevent, detect, investigate or respond to fraud, unauthorized access, misuse of the Platform or Services, theft, cyber incidents, criminal activity, illegal conduct, security breaches or threats affecting EMO Blue Mobility Pvt. Ltd., Users or third parties;
       4. to facilitate emergency assistance, accident response, medical assistance, law enforcement coordination, vehicle immobilization, theft prevention, tracing, recovery operations or public safety measures; and
       5. to protect the safety, security or legal rights of Users, riders, pedestrians, emergency personnel or the general public in situations involving operational, technical or safety-related risks.
    2. Such disclosure may be made to law enforcement agencies, emergency responders, insurers, recovery agencies, government authorities, regulators or other authorized entities as may be reasonably necessary under the circumstances and Applicable Laws.

15. COOKIES AND WEB BEACONS

    1. EMO Blue Mobility Pvt. Ltd. may use cookies, web beacons, pixel tags, SDKs and similar tracking technologies on the Platform, mobile applications and connected systems for operational, analytical, security and user experience purposes. Such technologies may automatically collect certain technical and usage-related information including browser details, device identifiers, session information, login activity, usage behaviour, preferences and interaction patterns.
    2. These technologies may be used by EMO Blue Mobility Pvt. Ltd. for purposes including:
       1. improving and optimizing user experience and Platform functionality;
       2. remembering User preferences, login credentials, language settings and session information
       3. analyzing usage behaviour, browsing patterns, ride activity and interaction with the Platform and Services
       4. monitoring, improving and maintaining Platform performance, system efficiency and cybersecurity measures
       5. personalizing content, recommendations, notifications, advertisements, promotions and Services based on User activity and preferences; an
       6. conducting analytics, statistical reviews, operational assessments, traffic analysis and usage tracking for business and service improvement purposes
    3. EMO Blue Mobility Pvt. Ltd. may also use third-party analytics and technology service providers that utilize cookies or similar technologies subject to applicable contractual and confidentiality obligations.
    4. Users may choose to disable, block or restrict cookies and similar technologies through their browser or device settings. However, disabling such technologies may affect the functionality, accessibility, performance or availability of certain features, services or portions of the Platform and may result in limited user experience.

16. CHILDREN’S PRIVACY

    1. The Platform, Services and Vehicles provided by EMO Blue Mobility Pvt. Ltd. are intended only for individuals who are competent to contract under Applicable Laws and are legally eligible to use the Services. Persons below 18 years of age who are not eligible for entering into legally binding contracts or operating Vehicles shall not access or use the Services without lawful authorization where permitted under law.
    2. EMO Blue Mobility Pvt. Ltd. does not knowingly collect, process or store Personal Data relating to children without obtaining lawful authorization, verifiable parental consent or consent of a lawful guardian wherever such consent is required under Applicable Laws including the Digital Personal Data Protection Act, 2023 and related rules or regulations.
    3. In the event EMO Blue Mobility Pvt. Ltd. becomes aware or reasonably believes that Personal Data relating to a child has been collected, processed or stored without appropriate authorization or lawful consent, EMO Blue Mobility Pvt. Ltd. may take reasonable steps to suspend access, restrict processing and delete or anonymize such information in accordance with Applicable Laws and internal policies. Parents or lawful guardians who believe that a child has provided Personal Data to EMO Blue Mobility Pvt. Ltd. may contact EMO Blue Mobility Pvt. Ltd. through the contact details provided in this Policy for appropriate action.

17. RIGHTS OF USERS / DATA PRINCIPALS

    1. Subject to Applicable Laws including the Digital Personal Data Protection Act, 2023, Users/Data Principals may have the following rights in relation to their Personal Data processed by EMO Blue Mobility Pvt. Ltd.:
       1. the right to obtain information regarding the processing, collection, storage, sharing and use of their Personal Data by EMO Blue Mobility Pvt. Ltd.;
       2. the right to seek correction, completion, updating or rectification of inaccurate, misleading or outdated Personal Data;
       3. the right to request erasure or deletion of Personal Data where such data is no longer necessary for the purpose for which it was collected, subject to Applicable Laws;
       4. the right to withdraw consent previously granted for processing of Personal Data, subject to legal and contractual limitations;
       5. the right to nominate another individual to exercise rights on behalf of the User/Data Principal in accordance with Applicable Laws; and
       6. the right to seek grievance redressal in relation to processing of Personal Data or any violation of rights under Applicable Laws.
    2. Users/Data Principals may review, access, update, correct or modify certain Personal Data and account-related information through their account profile on the Platform or by contacting EMO Blue Mobility Pvt. Ltd. through the contact details provided in this Policy.
    3. EMO Blue Mobility Pvt. Ltd. may require reasonable identity verification, authentication documentation or additional information before processing any request relating to access, correction, deletion, withdrawal of consent or exercise of any rights by a User/Data Principal.
    4. EMO Blue Mobility Pvt. Ltd. reserves the right to refuse, restrict or defer requests for deletion, modification, withdrawal or restriction of processing where retention or continued processing of Personal Data is necessary for compliance with Applicable Laws, contractual obligations, fraud prevention, security purposes, dispute resolution, regulatory compliance, enforcement of legal rights, audit requirements, recovery proceedings or legitimate business purposes.

18. COMMUNICATION PREFERENCES

    1. Users may opt out of receiving promotional, marketing, advertising or non-essential communications from EMO Blue Mobility Pvt. Ltd. at any time by modifying communication preferences through the Platform, using unsubscribe mechanisms provided in such communications or by contacting EMO Blue Mobility Pvt. Ltd. through the contact details provided in this Policy
    2. Notwithstanding any opt-out preference exercised by the User, EMO Blue Mobility Pvt. Ltd. may continue to send transactional, operational, administrative or legally required communications including but not limited to booking confirmations, ride updates, payment alerts, invoices, OTPs, KYC notifications, safety alerts, vehicle-related notifications, charging reminders, service updates, legal notices, regulatory disclosures, recovery communications, customer support responses and other communications necessary for operation of the Services or compliance with Applicable Laws.

19. DATA SECURITY

    1. EMO Blue Mobility Pvt. Ltd. maintains reasonable administrative, technical, organizational and physical safeguards designed to protect Personal Data and Information against unauthorized access, misuse, loss, alteration, disclosure, destruction or unlawful processing. Such safeguards are implemented having regard to the nature of the information collected, the risks associated with processing and the operational requirements of the Services.
    2. Security measures adopted by EMO Blue Mobility Pvt. Ltd. may include encryption technologies, restricted access controls, password protection mechanisms, authentication systems, firewall protection, secure cloud infrastructure, monitoring systems, secure communication protocols, audit mechanisms and internal access management policies. Access to Personal Data is restricted only to authorized personnel, service providers or entities who require such access for lawful business or operational purposes and who are subject to confidentiality obligations.
    3. While EMO Blue Mobility Pvt. Ltd. undertakes commercially reasonable efforts to safeguard Personal Data and maintain security of the Platform and Services, transmission of information over the internet or electronic storage systems cannot be guaranteed to be completely secure. Users acknowledge and accept the inherent security risks associated with internet-based communications and digital platforms.
    4. In the event of any actual or suspected Personal Data breach, security incident or unauthorized access affecting Personal Data, EMO Blue Mobility Pvt. Ltd. may take such reasonable measures as may be required under Applicable Laws, including investigation, mitigation, restoration of systems, notification to relevant authorities or affected Users where required, and implementation of corrective or preventive measures.

20. THIRD-PARTY LINKS

    1. The Platform may contain links, integrations or references to third-party websites, applications, software systems, payment gateways, social media platforms, charging networks or other external services operated by independent third parties.
    2. Such third-party platforms may independently collect, process or store Personal Data in accordance with their own privacy policies and terms of use. EMO Blue Mobility Pvt. Ltd. does not control and shall not be responsible for the privacy practices, security standards, content, policies or operations of any such third-party platforms or services.
    3. The inclusion of any third-party link or integration on the Platform shall not be construed as an endorsement, approval or representation by EMO Blue Mobility Pvt. Ltd. regarding such third-party platform or service.
    4. Users are advised to independently review the privacy policies, terms and practices of all third-party websites, applications or services before accessing or using the same or sharing any Personal Data therewith.

21. CHANGE OF OWNERSHIP

    1. In the event of any merger, acquisition, amalgamation, restructuring, reorganization, sale of business, transfer of assets, investment transaction, insolvency proceeding or any change in ownership or control of EMO Blue Mobility Pvt. Ltd., Personal Data and other Information collected under this Policy may be transferred, disclosed or assigned to the successor entity, transferee, acquirer or affiliated entity, subject to Applicable Laws and implementation of reasonable confidentiality and data protection safeguards.
    2. Any such successor entity or acquirer receiving Personal Data shall continue to use, process, store and protect such information in accordance with this Privacy Policy or any updated privacy policy communicated to Users in accordance with Applicable Laws.

22. GOVERNING LAW

    1. This Privacy Policy shall be governed by, interpreted and construed in accordance with the laws of India, including the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000 and the rules and regulations framed thereunder.
    2. Any dispute, claim, controversy or legal proceeding arising out of or relating to this Privacy Policy, the collection or processing of Personal Data, or use of the Platform and Services, shall be subject to the exclusive jurisdiction of the competent courts at Bangalore, Karnataka, India.
    3. Users accessing the Platform from outside India acknowledge and agree that their information may be processed in India and shall remain subject to applicable Indian laws governing data protection, privacy and electronic records.

23. GRIEVANCE OFFICER

    1. In accordance with the provisions of applicable laws including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023 and the rules framed thereunder, the details of the designated Grievance Officer of EMO Blue Mobility Pvt. Ltd. are as follows:

       Name: EMO Blue Mobility Pvt. Ltd.

       Email: info@emoblue.in

       Contact Number: +91 81236 28029

    2. The Grievance Officer shall be responsible for addressing complaints, concerns, discrepancies, requests or grievances relating to processing of Personal Data, privacy matters, Platform usage or any other issue arising under this Privacy Policy.

24. CONTACT DETAILS

    1. For any questions, concerns, requests, grievances or communications relating to this Privacy Policy, processing of Personal Data or use of the Platform and Services, Users may contact:

       Name: EMO Blue Mobility Pvt. Ltd.

       Email: info@emoblue.in

       Phone No.: +91 81236 28029

25. UPDATE TO THIS POLICY

    1. EMO Blue Mobility Pvt. Ltd. reserves the right to amend, modify, revise or update this Privacy Policy, in whole or in part, at any time, in accordance with business, operational, technological, legal or regulatory requirements.
    2. The latest version of this Privacy Policy shall be made available on the Platform and shall become effective immediately upon publication unless otherwise specified.
    3. Users are encouraged to periodically review this Privacy Policy to remain informed regarding the manner in which EMO Blue Mobility Pvt. Ltd. collects, processes, uses and protects Personal Data.
    4. Continued access to or use of the Platform or Services after publication of any revised Privacy Policy shall constitute the User’s acknowledgment and acceptance of such updated Policy.

VEHICLE RENTAL AGREEMENT AND TERMS & CONDITIONS

THIS VEHICLE RENTAL AGREEMENT AND TERMS & CONDITIONS (“Agreement”) IS AN ELECTRONIC RECORD UNDER THE INFORMATION TECHNOLOGY ACT, 2000, THE INDIAN CONTRACT ACT, 1872, AND APPLICABLE LAWS. THIS AGREEMENT IS GENERATED ELECTRONICALLY AND DOES NOT REQUIRE PHYSICAL OR DIGITAL SIGNATURES.

BY CLICKING “I AGREE”, “ACCEPT”, “CONTINUE”, “PROCEED”, “CONFIRM BOOKING”, “START RENTAL”, “DEPLOY VEHICLE”, “ACTIVATE VEHICLE”, OR BY ACCESSING, USING, POSSESSING, OPERATING, CHARGING, OR CONTINUING TO USE THE VEHICLE, PLATFORM, OR SERVICES PROVIDED BY THE COMPANY, THE RIDER EXPRESSLY ACKNOWLEDGES, AGREES, AND CONSENTS TO BE LEGALLY BOUND BY THIS AGREEMENT.

THIS AGREEMENT IS ENTERED INTO BETWEEN EMO Blue Mobility Pvt. Ltd., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 (HEREINAFTER REFERRED TO AS THE “COMPANY”, “WE”, “US”, OR “OUR”), AND THE RIDER / USER ACCEPTING THIS AGREEMENT ELECTRONICALLY (“RIDER”, “USER”, OR “YOU”).

THE RIDER EXPRESSLY AGREES THAT ELECTRONIC ACCEPTANCE THROUGH MOBILE APPLICATION, WEBSITE, OPERATOR PANEL, DASHBOARD, WHATSAPP CONFIRMATION, OTP AUTHENTICATION, DIGITAL ONBOARDING, PAYMENT CONFIRMATION, VEHICLE DEPLOYMENT, TELEMATICS ACTIVATION, OR ANY OTHER ELECTRONIC METHOD USED BY THE COMPANY SHALL CONSTITUTE VALID, LAWFUL, AND ENFORCEABLE ACCEPTANCE OF THIS AGREEMENT.

THE RIDER FURTHER AGREES THAT

1. electronic records and digital acceptances shall constitute valid evidence of consent;
2. no physical signature shall be required for enforceability of this Agreement;
3. use of the Vehicle after acceptance shall constitute continuing consent to this Agreement and all updates thereto; and
4. the Rider has had sufficient opportunity to read and understand this Agreement before acceptance.

5. DEFINITIONS

   1. “Agreement” means this Vehicle Rental Agreement together with all schedules, rider declarations, onboarding forms, deployment sheets, operational policies, refund agreements, payment terms, electronic acceptances, amendments, annexures, and operational instructions issued by the Company from time to time.
   2. “Applicable Charges” shall include rental fees, subscription charges, deposits, penalties, recovery charges, repair charges, replacement costs, towing charges, legal expenses, late payment charges, challans, taxes, cancellation fees, delivery charges, pickup charges, operational charges, and all other amounts payable by the Rider.
   3. “Authorized Charging Station” means any charging station, battery swapping station, or charging infrastructure approved by the Company.
   4. “Battery” means the electric battery pack and associated electrical systems supplied with the Vehicle.
   5. “Booking Period” means the approved rental duration for which the Vehicle is deployed to the Rider.
   6. “Challan” includes traffic fines, e-challans, seizure charges, towing penalties, parking violations, and governmental penalties.
   7. “Company” means EMO Blue Mobility Pvt. Ltd.
   8. “Deployment” means activation, assignment, delivery, onboarding, or handover of the Vehicle to the Rider.
   9. “Electronic Communication” includes communication through WhatsApp, SMS, email, app notifications, dashboard messages, website notices, or other digital means.
   10. “GPS System” means the tracking systems, telematics systems, immobilization systems, and monitoring technologies installed in the Vehicle.
   11. “Long Term Rental” means rental exceeding thirty (30) days or such other period determined by the Company.
   12. “Operator” means any deployment partner, fleet operator, representative, employee, contractor, or authorized personnel engaged by the Company
   13. “Platform” means the Company’s mobile application, website, dashboard, operator panel, software systems, payment interface, WhatsApp chatbot, and telematics infrastructure.
   14. “Rental Period” means the period commencing from deployment until return and acceptance of the Vehicle by the Company.
   15. “Rental Fee” means the non-refundable rental amount payable for use of the Vehicle.
   16. “Security Deposit” means the refundable, adjustable, or forfeitable deposit amount paid by the Rider.
   17. “Vehicle” means the electric vehicle together with Battery, charger, keys, accessories, telematics systems, software integrations, documents, GPS systems, and related equipment.
   18. “Vehicle Locking” or “Remote Immobilization” means remote disabling, locking, restriction, or immobilization of the Vehicle by the Company.
   19. “Zone” or “Operating Zone” means the geographical or operational area approved by the Company for operation of the Vehicle.

6. RIDER ELIGIBILITY

   1. The Rider must be at least eighteen (18) years of age and legally competent to enter into a valid and binding agreement under applicable law. By onboarding, deploying, renting, accessing, possessing, or operating the Vehicle, the Rider represents, warrants, and confirms that the Rider has the legal capacity, authority, eligibility, and competence to enter into this Agreement and to undertake all obligations contemplated herein.
   2. The Company reserves the right to request proof of age, supporting documents, declarations, or additional verification at any time for operational, compliance, legal, recovery, fraud prevention, or security purposes.
   3. The Rider must possess a valid, subsisting, effective, and legally enforceable driving license authorizing operation of the relevant class of vehicle under applicable law. The Rider shall ensure that such driving license remains valid, operative, and free from suspension, cancellation, disqualification, endorsement restrictions, or revocation throughout the Rental Period.
   4. The Rider shall immediately notify the Company if the driving license expires, is suspended, revoked, impounded, seized, or otherwise becomes invalid or ineffective. Operation of the Vehicle without a valid and effective driving license shall constitute a material breach of this Agreement and may result in immediate suspension, repossession, termination, recovery proceedings, and legal action by the Company.
   5. The Rider shall provide valid, genuine, complete, current, and verifiable government-issued identification documents and records including Aadhaar Card, PAN Card, Passport, Voter ID, driving license, address proof, photographs, emergency contact details, payment information, and such other documents, declarations, consents, records, or information as may be required by the Company from time to time for onboarding, KYC compliance, fraud prevention, operational management, legal compliance, safety verification, recovery purposes, or security requirements. The Rider acknowledges and agrees that the Company may retain physical copies, scanned copies, photographs, digital records, electronic records, biometric records where permissible, and electronic versions of such documents for operational and compliance purposes in accordance with applicable law.
   6. The Rider represents, warrants, and undertakes that all information, declarations, documents, records, photographs, details, and data provided to the Company are true, accurate, complete, authentic, genuine, valid, current, non-misleading, and up to date. The Rider shall immediately inform the Company regarding any change in address, mobile number, emergency contact details, payment information, identity records, license status, legal status, or any other material information previously submitted to the Company. The Rider acknowledges that submission of false, forged, fabricated, misleading, incomplete, expired, or inaccurate information shall constitute a material breach of this Agreement and may result in rejection of onboarding, suspension, termination, forfeiture of deposits, recovery proceedings, police complaint, and legal action.
   7. The Rider shall comply at all times with all applicable laws, statutes, rules, regulations, governmental notifications, environmental requirements, road safety requirements, Motor Vehicles Act provisions, traffic regulations, police directions, charging regulations, operational guidelines, geofencing restrictions, safety protocols, and instructions issued by the Company from time to time in relation to the Vehicle, Battery, charging systems, Platform, and related services. The Rider shall ensure that the Vehicle is used only in a lawful, safe, responsible, and authorized manner and shall not engage in any activity that may expose the Company to operational, reputational, financial, legal, or regulatory risks.
   8. The Rider represents and confirms that no legal restriction, criminal order, judicial direction, governmental prohibition, suspension, regulatory disqualification, blacklist order, or other legal disability exists which would prevent the Rider from lawfully entering into this Agreement, operating the Vehicle, or availing the services provided by the Company. The Rider further confirms that the Rider is not impersonating any other person and that all documents, records, licenses, identity proofs, and information submitted to the Company lawfully belong to the Rider and may be relied upon by the Company for onboarding, operational, compliance, recovery, legal, and enforcement purposes

7. VERIFICATION AND COMPLIANCE

   1. The Company reserves the absolute right to conduct verification, authentication, validation, screening, monitoring, risk assessment, fraud prevention checks, compliance procedures, and operational due diligence in relation to the Rider at any time before, during, or after onboarding, deployment, activation, use, suspension, termination, repossession, or return of the Vehicle. Such verification may be conducted directly by the Company or through third-party service providers, operators, technology partners, payment processors, verification agencies, recovery agencies, insurers, or authorized representatives engaged by the Company for operational, legal, compliance, recovery, fraud prevention, security, safety, or business purposes.
   2. The Rider acknowledges and agrees that the verification procedures undertaken by the Company may include KYC verification, identity verification, address verification, mobile number verification, email verification, document authentication, driving license validation, facial verification, biometric verification where permissible under applicable law, payment verification, telematics verification, fraud detection checks, operational verification, background screening where legally permissible, geolocation verification, risk assessment, and evaluation of financial, operational, reputational, commercial, safety, or legal risks associated with the Rider or the Rider’s use of the Vehicle and Platform
   3. The Rider expressly authorizes, consents to, and permits the Company to collect, receive, process, verify, authenticate, store, record, analyze, retain, use, share, disclose, transfer, access, and otherwise deal with Personal Data, KYC documents, photographs, videos, electronic records, payment records, telematics data, GPS information, ride history, operational information, device identifiers, communication records, and all other information submitted by or relating to the Rider for the purposes of onboarding, deployment, operational management, customer support, payment processing, fraud prevention, theft prevention, recovery proceedings, legal compliance, dispute resolution, analytics, insurance coordination, safety monitoring, business operations, enforcement of this Agreement, and such other lawful purposes as may be reasonably necessary for the Company.
   4. The Rider further authorizes and consents to the Company contacting, communicating with, or obtaining information from emergency contacts, employers, references, landlords, fleet operators, payment providers, banks, financial institutions, telecom providers, governmental authorities, law enforcement agencies, insurers, verification agencies, recovery agents, collection agencies, technology partners, and third-party service providers wherever reasonably necessary for verification, fraud prevention, operational management, legal compliance, recovery, enforcement, safety, or business purposes. The Rider acknowledges that such communication may occur through calls, WhatsApp, SMS, email, app notifications, dashboard alerts, electronic communication, or other digital communication channels used by the Company.
   5. The Company may, at any time during the Rental Period or thereafter where reasonably necessary, require the Rider to furnish additional documents, declarations, photographs, consents, video verification, biometric verification where permissible, updated KYC records, payment confirmations, location verification, or such other information as the Company may reasonably require for verification, operational, legal, compliance, recovery, fraud prevention, safety, or security purposes. The Rider agrees to promptly cooperate with all such requests and acknowledges that failure, refusal, delay, or inability to cooperate with verification procedures or provide requested information may result in rejection of onboarding, suspension of services, restriction of Platform access, remote immobilization of the Vehicle, repossession, withholding of refunds, adjustment of deposits, recovery proceedings, police complaint, termination of the Agreement, and/or initiation of civil or criminal legal action by the Company.

8. VEHICLE OWNERSHIP AND LICENSE TO USE

   1. All Vehicles, Batteries, chargers, charging equipment, GPS systems, telematics devices, software systems, keys, accessories, documents, and related equipment provided to the Rider shall remain the sole, absolute, and exclusive property of the Company at all times. Nothing contained in this Agreement shall transfer any ownership rights, title, or interest in the Vehicle or related equipment to the Rider.
   2. The Company grants the Rider a limited, temporary, revocable, non-exclusive, non-transferable, and non-assignable right to use the Vehicle solely during the Rental Period and strictly in accordance with this Agreement, operational instructions, safety requirements, payment obligations, and applicable law.
   3. The Rider shall not sell, transfer, assign, pledge, mortgage, hypothecate, sublease, commercially exploit, create third-party rights over, part with possession of, or otherwise deal with the Vehicle or related equipment in any manner inconsistent with the ownership rights of the Company. The Rider shall not permit any unauthorized person to use or operate the Vehicle without prior written approval of the Company.
   4. The Company reserves the right to monitor, inspect, track, immobilize, suspend, deactivate, recover, repossess, replace, repair, or recall the Vehicle at any time where reasonably necessary for operational, legal, compliance, recovery, safety, fraud prevention, maintenance, or business purposes, including in cases of payment default, misuse, breach of this Agreement, unauthorized use, suspected fraud, or failure to return the Vehicle.
   5. The Rider shall immediately return the Vehicle and all related equipment upon expiry or termination of the Rental Period or upon demand by the Company. Failure to return the Vehicle may result in additional charges, remote immobilization, repossession, recovery proceedings, police complaint, legal action, forfeiture of deposits, and recovery of all associated costs and damages from the Rider.

9. RENTAL PLANS, FEES, AND PAYMENT

   1. The Company may offer different rental plans, subscription models, fleet categories, promotional schemes, pricing structures, and deployment arrangements for the Vehicle from time to time. Rental charges may vary depending upon the Vehicle model, city, operating zone, rental duration, battery type, commercial category, Rider profile, market conditions, fleet availability, demand patterns, operational costs, or such other factors as determined by the Company
   2. Rental charges, subscription fees, security deposits, penalties, operational fees, taxes, replacement costs, recovery expenses, convenience charges, late payment fees, and all other Applicable Charges shall be communicated to the Rider through deployment forms, invoices, payment links, mobile application notifications, dashboard communications, WhatsApp, SMS, email, operator communications, or any other communication channel approved by the Company.
   3. Rental fees and applicable deposits must be paid in advance prior to deployment, activation, pickup, delivery, handover, or use of the Vehicle unless otherwise approved by the Company in writing. The Company reserves the right to refuse deployment or suspend activation until full payment confirmation is received.
   4. The Rider shall make timely payment of all Applicable Charges on or before the seventh (7th) day of each English calendar month or such other due date as may be communicated by the Company from time to time, without deduction, withholding, counterclaim, adjustment, or delay.
   5. Payments may be made through UPI, QR codes, bank transfers, NEFT, IMPS, RTGS, payment gateways, debit cards, credit cards, wallet services, auto-debit mandates, online banking systems, cash collection where permitted, or through authorized payment partners including GenCash Fintech Solution Pvt. Ltd. The Company shall not be liable for payment failures, banking delays, gateway downtime, technical disruptions, or third-party transaction errors.
   6. The Rider expressly authorizes the Company and its authorized payment partners to process recurring payments, auto-debit instructions, standing instructions, mandates, payment links, or electronic collection requests for recovery of Applicable Charges, penalties, damages, late fees, recovery costs, or outstanding dues payable under this Agreement.
   7. Any delayed payment, dishonoured transaction, failed auto-debit, chargeback, payment reversal, insufficient balance, or non-payment of Applicable Charges shall constitute a payment default. In such cases, the Company may impose late payment penalties, interest, convenience charges, recovery costs, repossession expenses, legal costs, and operational charges as determined by the Company from time to time.
   8. In the event of payment default, the Company may without prior notice suspend services, restrict Platform access, remotely immobilize or lock the Vehicle, disable charging access, initiate recovery proceedings, repossess the Vehicle, adjust amounts against the Security Deposit, report defaults to recovery agencies, or initiate civil and criminal proceedings in accordance with applicable law.
   9. Rental fees, subscription charges, deployment fees, activation fees, platform fees, and operational charges shall be non-refundable once the Rental Period commences except where expressly approved by the Company in writing or dealt with under a separate refund agreement or refund policy issued by the Company.
   10. The Rider shall remain fully liable for all Applicable Charges, penalties, losses, damages, challans, legal expenses, recovery costs, towing charges, parking fees, replacement costs, operational losses, and liabilities arising during the Rental Period until the Vehicle and all related equipment are returned to and accepted by the Company.
   11. The Company reserves the right to revise, modify, discontinue, suspend, replace, or update any pricing structure, rental plan, subscription model, operational fee, penalty structure, payment policy, deposit requirement, or commercial arrangement at any time. Continued possession or use of the Vehicle or Platform after such revision shall constitute acceptance of the revised pricing and payment terms by the Rider.

10. SECURITY DEPOSIT AND REFUND POLICY

    1. The Rider shall pay the applicable Security Deposit prior to onboarding, verification, activation, deployment, pickup, delivery, or handover of the Vehicle unless specifically waived, reduced, or modified by the Company under any promotional scheme, commercial arrangement, or written approval. The amount of the Security Deposit may vary depending upon the Vehicle model, rental plan, deployment category, city, operational zone, Rider profile, risk assessment, commercial terms, or operational requirements determined by the Company from time to time.
    2. The Security Deposit shall serve as continuing security for due performance of the Rider’s obligations under this Agreement and may be retained, adjusted, appropriated, forfeited, or set off by the Company against any unpaid dues, rental charges, subscription fees, damages, repair costs, battery damage, missing equipment, replacement costs, towing charges, parking charges, challans, penalties, operational losses, recovery expenses, legal expenses, third-party liabilities, or any other amounts payable by the Rider under this Agreement.
    3. Refund, adjustment, or release of the Security Deposit shall be governed in accordance with the separate Refund Agreement and applicable refund policies issued by the Company from time to time. Any refund shall be subject to successful return, inspection, verification, and acceptance of the Vehicle and all related equipment by the Company.
    4. The Company reserves the right to deduct, recover, or adjust amounts from the Security Deposit towards:
       1. Vehicle damage or repair costs;
       2. Battery damage or charging-related losses;
       3. Missing chargers, accessories, keys, helmets, GPS systems, or documents;
       4. Cleaning, restoration, or servicing charges;
       5. Traffic challans, penalties, towing fees, parking charges, or governmental levies;
       6. Delayed return charges or overstay penalties;
       7. Recovery, repossession, tracing, transportation, or towing expenses;
       8. Legal expenses, investigation costs, or enforcement costs;
       9. Operational losses, business interruption losses, or administrative charges; and
       10. Any breach of this Agreement or losses suffered by the Company due to the Rider’s acts or omissions.
    5. If the Security Deposit is insufficient to cover the amounts payable by the Rider, the Rider shall remain fully liable to immediately pay the balance outstanding amount upon demand by the Company. The Company may initiate recovery proceedings, legal action, arbitration, police complaint, or other enforcement measures for recovery of such dues.
    6. If the Vehicle is not returned within twenty-four (24) hours from the agreed return date or time, or if the Rider wrongfully retains possession of the Vehicle, the Company may initiate repossession, recovery proceedings, remote immobilization, police complaint, FIR registration, criminal proceedings, civil recovery proceedings, or such other legal action as may be permissible under applicable law, entirely at the Rider’s risk, cost, and liability.
    7. Refund processing timelines, eligibility conditions, deductions, forfeiture events, inspection procedures, dispute handling mechanisms, and refund release procedures shall be governed exclusively under the separate Refund Agreement and operational policies of the Company.
    8. The Company may withhold, suspend, delay, or deny refund of the Security Deposit where there are pending dues, disputes, investigations, verification requirements, accident claims, insurance proceedings, legal proceedings, suspected fraud, recovery actions, operational violations, or non-compliance with this Agreement by the Rider.

11. DELIVERY, PICKUP, SHIPPING, AND DEPLOYMENT

    1. The Company may provide Vehicle delivery, pickup, deployment, collection, transportation, relocation, or doorstep handover services subject to operational feasibility, fleet availability, manpower availability, serviceable locations, operational schedules, and internal policies of the Company.
    2. Delivery charges, pickup charges, deployment fees, transportation costs, convenience charges, relocation charges, toll expenses, parking charges, or other operational fees may be charged separately and shall be payable by the Rider in addition to the rental charges and other Applicable Charges.
    3. The Rider shall remain personally present at the time of delivery, pickup, onboarding, deployment, inspection, repossession, or return of the Vehicle and shall fully cooperate with all verification, KYC, documentation, inspection, photography, digital onboarding, biometric verification, or operational procedures conducted by the Company or its authorized representatives.
    4. The Rider shall produce original and valid identity proof, Aadhaar Card, PAN Card, driving license, address proof, photographs, and such other documents or information as may be required by the Company during deployment, onboarding, delivery, pickup, verification, or return of the Vehicle.
    5. The Rider shall carefully inspect the Vehicle, Battery, charger, accessories, GPS systems, and related equipment at the time of delivery or handover and shall immediately report any visible defect, damage, shortage, malfunction, or discrepancy to the Company. Failure to report such issues at the time of handover shall constitute deemed acceptance by the Rider that the Vehicle and related equipment were received in acceptable condition.
    6. Risk, custody, possession, responsibility, and liability relating to the Vehicle and all related equipment shall transfer to the Rider immediately upon deployment, activation, pickup, delivery, or physical handover of the Vehicle to the Rider or the Rider’s authorized representative.
    7. Delivery schedules, pickup timings, deployment commitments, estimated arrival times, and operational timelines communicated by the Company are indicative only and may vary due to operational requirements, traffic conditions, technical failures, manpower limitations, weather conditions, vehicle availability, public restrictions, governmental actions, or Force Majeure events.
    8. The Company reserves the right to refuse, delay, reschedule, suspend, or cancel delivery, deployment, pickup, or handover of the Vehicle in cases including payment default, failed verification, incomplete documentation, safety concerns, operational issues, suspected fraud, regulatory requirements, or breach of this Agreement by the Rider.
    9. Where the Rider fails to remain available for delivery, pickup, inspection, deployment, or scheduled collection of the Vehicle, the Company may levy cancellation charges, rescheduling charges, waiting charges, transportation charges, or additional operational costs as determined by the Company from time to time.
    10. The Company may conduct photographs, video recording, digital inspection, GPS tagging, telematics activation, condition assessment, or electronic documentation at the time of deployment, delivery, pickup, or return of the Vehicle for operational, compliance, legal, recovery, insurance, or evidentiary purposes.

12. PERMITTED USE OF VEHICLE

    1. The Vehicle shall be used only for lawful, safe, responsible, and authorized purposes in accordance with this Agreement, applicable law, traffic regulations, safety guidelines, operational instructions, and policies issued by the Company from time to time.
    2. The Vehicle shall be operated only within the designated operating zones, geofenced territories, deployment areas, city limits, routes, or operational boundaries approved or communicated by the Company. Unauthorized movement outside such approved zones may result in penalties, immobilization, suspension, recovery proceedings, or repossession of the Vehicle.
    3. The Rider shall use the Vehicle solely for personal or authorized operational purposes and shall not transfer possession, lend, rent, assign, sublease, commercially exploit, or permit any unauthorized person to use or control the Vehicle without prior written approval of the Company.
    4. The Rider shall not:
       1. use the Vehicle for unlawful, illegal, prohibited, fraudulent, or criminal activities;
       2. operate the Vehicle while under the influence of alcohol, drugs, narcotic substances, intoxicants, or medication impairing driving ability;
       3. engage in rash, negligent, dangerous, reckless, abusive, or unsafe driving practices;
       4. use the Vehicle for racing, speed testing, stunt riding, off-road usage, competitions, or unlawful demonstrations;
       5. tamper with, disable, damage, obstruct, manipulate, or bypass any GPS system, telematics device, tracking infrastructure, immobilization technology, battery management system, or software installed in the Vehicle
       6. modify, dismantle, repaint, customize, reprogram, repair, or alter the Vehicle, Battery, charger, electrical systems, wiring, software systems, or accessories without prior written approval of the Company
       7. use unauthorized chargers, charging equipment, battery systems, electrical infrastructure, or charging methods not approved by the Company;
       8. overload the Vehicle beyond prescribed capacity limits or use the Vehicle in a manner likely to cause operational damage or safety risks
       9. carry prohibited, hazardous, illegal, inflammable, or restricted goods in the Vehicle;
       10. use the Vehicle for ride-sharing, commercial transportation, delivery operations, or business activities unless specifically approved by the Company in writing;
       11. remove, conceal, alter, or damage any branding, stickers, registration plates, QR codes, identification marks, or Company property attached to the Vehicle; or
       12. operate the Vehicle in a manner likely to cause injury, nuisance, legal liability, reputational harm, operational disruption, or financial loss to the Company.
    5. The Rider shall comply with all operational restrictions, battery usage instructions, speed limitations, parking restrictions, charging guidelines, route limitations, and geofencing controls imposed by the Company through software systems, GPS systems, telematics infrastructure, mobile applications, dashboards, or electronic communications.
    6. The Company reserves the right to impose, revise, activate, suspend, or enforce geofencing restrictions, speed limitations, movement controls, designated parking requirements, charging restrictions, operational limitations, or remote immobilization measures at any time for operational, legal, safety, recovery, compliance, or business purposes.

13. BATTERY AND CHARGING POLICY

    1. Charging of the Vehicle and Battery shall only be carried out at Authorized Charging Stations, battery swapping stations, charging hubs, or charging infrastructure expressly approved or designated by the Company. The Rider shall strictly follow all charging instructions, safety guidelines, and operational protocols communicated by the Company from time to time.
    2. Charging through household sockets, domestic electrical outlets, third-party chargers, unauthorized charging systems, tampered electrical infrastructure, extension systems, adapters, or unapproved charging equipment is strictly prohibited unless specifically authorized in writing by the Company. Any unauthorized charging shall constitute a material breach of this Agreement
    3. The Rider shall exercise reasonable care and caution while charging, storing, transporting, or handling the Battery and charging equipment and shall not leave the Battery unattended during charging for unreasonable periods. The Rider shall ensure that charging is carried out only in safe, ventilated, dry, and secure environments free from fire, water, electrical, or operational hazards.
    4. Any overheating, smoke, leakage, sparking, swelling, charging failure, abnormal battery behaviour, electrical malfunction, unusual odour, software issue, or safety concern relating to the Battery, charger, or Vehicle shall immediately be reported to the Company. The Rider shall immediately discontinue use or charging of the Vehicle where continued use may create safety risks or operational damage.
    5. The Rider shall remain fully liable for all losses, damages, liabilities, penalties, replacement costs, operational losses, recovery expenses, third-party claims, injuries, or legal consequences arising from negligent charging practices, unauthorized charging, improper handling of the Battery, electrical negligence, battery tampering, use of unauthorized charging equipment, or violation of charging and safety instructions issued by the Company.

14. RIDER OBLIGATIONS

    1. The Rider shall comply with all applicable laws, traffic rules, road safety regulations, governmental notifications, and the provisions of the Motor Vehicles Act, 1988 while operating, parking, charging, or using the Vehicle. The Rider shall ensure that the Vehicle is operated in a safe, lawful, and responsible manner at all times and strictly in accordance with the operational instructions, policies, and directions issued by the Company from time to time
    2. The Rider shall maintain possession of a valid, effective, and subsisting driving license authorizing operation of the relevant class of vehicle throughout the Rental Period. The Rider shall immediately inform the Company if the driving license expires, is suspended, revoked, impounded, or otherwise becomes invalid. Operation of the Vehicle without a valid driving license shall constitute a material breach of this Agreement.
    3. The Rider shall take reasonable care to protect the Vehicle, Battery, charger, GPS systems, accessories, and related equipment from theft, misuse, vandalism, negligent handling, unauthorized use, weather exposure, water damage, fire hazards, or operational risks. The Rider shall keep the Vehicle properly secured, locked, and parked at safe and authorized locations whenever unattended.
    4. The Rider shall immediately notify and report to the Company any accident, collision, theft, attempted theft, seizure, police inquiry, challan, battery issue, overheating, charging issue, mechanical defect, electrical malfunction, software issue, breakdown, operational failure, or any event affecting the condition, safety, legality, possession, or operation of the Vehicle. The Rider shall fully cooperate with the Company, police authorities, insurers, investigators, and recovery agencies in relation to any such incident.
    5. The Rider shall maintain the Vehicle, Battery, charger, accessories, and related equipment in reasonably clean, hygienic, functional, and operational condition during the Rental Period, subject to normal wear and tear arising from ordinary use. The Rider shall not deliberately damage, misuse, overload, neglect, contaminate, or improperly handle the Vehicle and shall remain liable for any excessive wear, damage, missing accessories, cleaning costs, or operational losses caused during the Rental Period.

15. GPS TRACKING, DATA MONITORING, AND ELECTRONIC CONSENT

    1. The Rider expressly consents to GPS tracking, telematics monitoring, route tracking, geofencing enforcement, remote immobilization, operational monitoring, electronic communication, and collection of Vehicle usage data during the Rental Period. The Company may monitor the location, movement, charging activity, operational status, speed, and usage patterns of the Vehicle through tracking systems, telematics infrastructure, software systems, and monitoring technologies installed in or connected with the Vehicle.
    2. The Company may collect, process, record, analyze, retain, store, transfer, and share Personal Data, operational data, and Telematics Data for onboarding, fleet management, fraud prevention, payment enforcement, recovery proceedings, legal compliance, safety monitoring, analytics, operational optimization, insurance coordination, dispute resolution, customer support, and legitimate business purposes. The Rider consents to such collection and processing in accordance with applicable law.
    3. The Rider shall not tamper with, disable, obstruct, manipulate, remove, damage, interfere with, or attempt to bypass any GPS system, telematics device, immobilization technology, monitoring software, tracking infrastructure, or electronic control system installed in or connected with the Vehicle. Any such act shall constitute a material breach of this Agreement and may result in immediate suspension, repossession, forfeiture of deposits, recovery proceedings, and legal action.

16. TRAFFIC VIOLATIONS, ACCIDENTS, AND LIABILITY

    1. The Rider shall be solely and exclusively liable for all challans, traffic fines, parking penalties, towing charges, seizure charges, governmental penalties, enforcement actions, and violations arising out of or relating to the use, operation, parking, possession, or handling of the Vehicle during the Rental Period. The Company may recover such amounts from the Rider including through adjustment against the Security Deposit.
    2. Any accident, collision, theft, attempted theft, fire, seizure, confiscation, breakdown, battery incident, or damage relating to the Vehicle shall immediately be reported by the Rider to the Company and relevant authorities. The Rider shall promptly file all necessary police complaints, FIRs, insurance reports, or governmental reports wherever required and shall provide copies to the Company without delay.
    3. The Rider shall fully cooperate with the Company, insurers, police authorities, investigators, recovery agents, governmental authorities, legal representatives, and other relevant parties in relation to any accident, investigation, recovery proceeding, insurance claim, enforcement action, or legal proceeding involving the Vehicle. Such cooperation shall include providing documents, statements, photographs, electronic records, and other information reasonably required by the Company.
    4. The Rider shall remain fully liable for all losses, damages, claims, liabilities, injuries, penalties, operational losses, third-party claims, legal expenses, and consequences arising from negligent driving, rash driving, intoxicated driving, unlawful conduct, unauthorized operation, misuse of the Vehicle, breach of this Agreement, violation of traffic laws, or any wrongful act or omission committed during the Rental Period.
    5. To the maximum extent permitted under applicable law, the Company shall not be liable for any personal injury, death, loss of income, business interruption, indirect losses, consequential damages, exemplary damages, punitive damages, or third-party claims arising out of or relating to the Rider’s possession, operation, use, misuse, breakdown, immobilization, repossession, or inability to use the Vehicle. The Rider acknowledges that use of the Vehicle is undertaken entirely at the Rider’s own risk and responsibility.

17. MAINTENANCE AND REPAIRS

    1. The Company may inspect, test, service, repair, update, recover, or conduct operational checks of the Vehicle, Battery, charger, GPS systems, telematics devices, and related equipment at any time during the Rental Period. The Rider shall cooperate fully and provide access to the Vehicle whenever reasonably requested by the Company or its authorized representatives for operational, safety, compliance, recovery, maintenance, or legal purposes.
    2. The Rider shall not undertake, authorize, or permit any repair, servicing, modification, dismantling, repainting, rewiring, customization, software alteration, replacement of parts, or technical intervention in relation to the Vehicle, Battery, charger, electrical systems, GPS systems, telematics devices, or related equipment without prior written approval of the Company. Any approved repair shall only be carried out through authorized service centres or personnel designated by the Company.
    3. The Rider shall immediately notify the Company regarding any mechanical defect, battery issue, electrical malfunction, software issue, abnormal performance, accident, damage, breakdown, charging issue, or maintenance requirement affecting the Vehicle or related equipment. The Rider shall discontinue use of the Vehicle where continued operation may reasonably create safety risks, operational hazards, or further damage to the Vehicle.
    4. Any damage, deterioration, operational loss, missing accessories, battery damage, electrical damage, cosmetic damage, structural damage, or excessive wear beyond normal wear and tear arising during the Rental Period shall be charged to the Rider at actual or reasonably assessed repair or replacement cost. The Company shall have the right to recover such amounts through direct payment demand, adjustment against the Security Deposit, or recovery proceedings

18. VEHICLE RETURN AND RECOVERY

    1. The Rider shall return the Vehicle on or before the agreed return date and time at the location, hub, station, operational centre, or designated point specified by the Company. The Rental Period shall continue until the Vehicle and all related equipment are physically returned to and accepted by the Company.
    2. The Vehicle shall be returned together with all Batteries, chargers, charging accessories, keys, helmets where applicable, GPS devices, documents, and all related equipment supplied by the Company in reasonably clean, operational, functional, and undamaged condition, subject only to normal wear and tear arising from ordinary use.
    3. The Company may conduct inspection, testing, diagnostics, verification, battery assessment, operational checks, and condition evaluation of the Vehicle and related equipment within a reasonable period after return. The Company may determine whether any deductions, penalties, repair charges, replacement costs, operational losses, or recovery expenses are payable by the Rider.
    4. Failure to return the Vehicle on time, refusal to surrender possession, inability to trace the Vehicle, unauthorized retention, or any act indicating wrongful possession may result in additional rental charges, penalties, remote immobilization, suspension of services, deployment of recovery agents, police complaint, criminal proceedings, civil recovery action, repossession, and legal action at the Rider’s risk, cost, and liability.
    5. The Company reserves the right to repossess, recover, retrieve, immobilize, or take possession of the Vehicle without prior notice where reasonably necessary in cases of payment default, breach of this Agreement, unauthorized use, operational risk, suspected fraud, legal requirement, safety concerns, or failure to return the Vehicle upon demand. The Rider authorizes the Company and its representatives to take such lawful actions as may reasonably be required for recovery of the Vehicle.

19. CANCELLATION POLICY

    1. Bookings, deployment requests, delivery requests, or rental arrangements may be cancelled by the Rider through the Platform, mobile application, customer support, WhatsApp support, operator communication channels, or such other methods approved by the Company from time to time.
    2. Cancellation charges, convenience charges, operational fees, delivery charges, pickup charges, or other deductions may apply depending upon the timing of cancellation, deployment status, operational costs incurred, vehicle allocation, delivery scheduling, or other factors communicated by the Company through the Platform, invoices, deployment forms, payment links, or electronic communications.
    3. The Company reserves the right to cancel, suspend, refuse, or discontinue any booking, deployment, delivery, or rental arrangement at any time due to operational constraints, vehicle unavailability, maintenance requirements, Rider non-compliance, payment failure, fraud prevention concerns, safety risks, legal or regulatory restrictions, force majeure events, or any circumstance which may adversely affect the Company’s operational, legal, financial, or safety interests.

20. SUSPENSION AND TERMINATION

    1. The Company may, at its sole discretion and without prior notice, suspend, restrict, deactivate, immobilize, repossess, or terminate the Rider’s access to the Vehicle, Platform, or services in cases including non-payment of dues, dangerous or rash driving, illegal activities, fraud, misuse of the Vehicle, unauthorized use, invalid or suspended driving license, breach of this Agreement, threatening or abusive behaviour, operational risks, safety concerns, tampering with tracking systems, unauthorized charging, or violation of applicable law or Company policies.
    2. Upon suspension or termination of access, the Rider shall immediately cease use of the Vehicle and shall return the Vehicle, Battery, charger, keys, documents, accessories, and all related equipment to the Company at the designated location specified by the Company. The Company may recover or repossess the Vehicle where necessary.
    3. Suspension, restriction, immobilization, repossession, or termination shall not affect the Company’s right to recover unpaid rental charges, penalties, damages, recovery expenses, legal costs, operational losses, indemnity claims, or any other outstanding liabilities payable by the Rider under this Agreement. All such obligations shall survive termination to the extent necessary for enforcement and recovery purposes.

21. INDEMNITY

    1. The Rider shall indemnify, defend, and hold harmless the Company, its affiliates, directors, employees, operators, representatives, agents, contractors, and partners from and against any claims, losses, liabilities, damages, penalties, fines, legal proceedings, costs, or expenses arising out of or relating to breach of this Agreement, traffic violations, accidents, negligent operation, unlawful conduct, misuse of the Vehicle, third-party claims, bodily injury, property damage, unauthorized use, violation of applicable law, or any act or omission committed by the Rider during the Rental Period.
    2. The indemnity obligations contained in this Agreement shall survive expiry, suspension, termination, repossession, return of the Vehicle, or discontinuation of services and shall continue until all claims, liabilities, proceedings, and outstanding obligations arising out of the Rider’s use of the Vehicle have been fully resolved and discharged.

22. FORCE MAJEURE

    1. The Company shall not be liable for any delay, interruption, suspension, failure, or inability to perform its obligations under this Agreement where such delay or failure arises due to events beyond the reasonable control of the Company including natural disasters, floods, earthquakes, fires, riots, strikes, war, governmental restrictions, pandemics, cyber incidents, technical failures, power outages, charging infrastructure failures, internet disruptions, network failures, or failure of third-party service providers.
    2. During the continuance of any Force Majeure event, the obligations of the Company affected by such event shall remain suspended to the extent impacted by the Force Majeure event, and the Company shall not be liable for any losses, damages, delays, interruptions, inconvenience, or operational impact suffered by the Rider arising therefrom.

23. GOVERNING LAW AND DISPUTE RESOLUTION

    1. This Agreement shall be governed by and construed in accordance with the laws of India.
    2. The Parties shall first attempt to resolve any dispute, claim, controversy, or disagreement arising out of or relating to this Agreement, the Vehicle, the Platform, or the services provided by the Company through amicable discussions and good faith negotiations.
    3. Any dispute which is not resolved amicably within a reasonable period shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
    4. The arbitration shall be conducted by a sole arbitrator appointed by the Company. The language of arbitration shall be English.
    5. The seat and venue of arbitration shall be Bengaluru, Karnataka.
    6. Subject to the arbitration provisions contained herein, the courts at Bengaluru, Karnataka shall have exclusive jurisdiction in relation to all matters arising out of or connected with this Agreement.

24. MISCELLANEOUS

    1. This Agreement constitutes the complete and entire understanding between the Company and the Rider with respect to the rental, deployment, operation, use, recovery, and return of the Vehicle and supersedes all prior discussions, communications, representations, understandings, negotiations, arrangements, or agreements whether oral or written.
    2. The Company reserves the right to amend, revise, update, suspend, replace, or modify this Agreement, operational policies, pricing structures, payment terms, Platform rules, operational protocols, geofencing restrictions, charging requirements, or Rider obligations at any time in its sole discretion. Updated terms may be communicated through the Platform, dashboard notifications, emails, SMS, WhatsApp communications, deployment forms, invoices, or other communication channels.
    3. Continued access to or use of the Vehicle, Platform, charging infrastructure, battery services, or any Company services after such modification shall constitute deemed acceptance of the revised terms and conditions by the Rider.
    4. If any provision of this Agreement is held to be invalid, illegal, unenforceable, or contrary to applicable law by any competent authority or court, the remaining provisions of this Agreement shall continue in full force and effect and shall remain binding upon the parties.
    5. Failure, delay, relaxation, or omission by the Company in enforcing any right, remedy, provision, or obligation under this Agreement shall not operate as a waiver of such right or affect the Company’s ability to subsequently enforce the same.
    6. The Rider expressly agrees and acknowledges that electronic records, GPS logs, telematics records, geolocation data, app records, dashboard logs, call recordings, deployment forms, invoices, payment records, WhatsApp communications, emails, SMS records, digital acknowledgements, charging logs, photographs, CCTV footage, and other electronic evidence maintained by the Company shall constitute valid and admissible evidence in any legal, arbitral, recovery, or enforcement proceedings.
    7. The Rider shall not assign, transfer, delegate, sublicense, or otherwise part with any rights or obligations under this Agreement without prior written consent of the Company. The Company may assign or transfer its rights and obligations to affiliates, successors, financiers, insurers, recovery agencies, or service providers without prior notice.
    8. Nothing contained in this Agreement shall be construed to create any partnership, agency, employment relationship, franchise, joint venture, or ownership rights between the Company and the Rider
    9. All notices, communications, demands, operational instructions, payment reminders, legal notices, and disclosures may be sent electronically through the Platform, email, SMS, WhatsApp, dashboard notifications, or other electronic communication modes and shall be deemed duly served upon transmission.
    10. The provisions relating to payment obligations, indemnity, liability, recovery rights, dispute resolution, confidentiality, data usage, penalties, damages, and outstanding dues shall survive termination, suspension, expiry, repossession, or completion of the Rental Period.

25. RIDER DETAILS AND ELECTRONIC ACCEPTANCE

    1. The Rider shall provide and verify the following details during onboarding, deployment, booking, activation, or use of the Vehicle:

       PARTICULARS	DETAILS
       Rider Name
       Father’s / Mother’s Name
       Date of Birth
       Mobile Number
       Alternate Mobile Number
       Email Address
       Residential Address
       City / State / PIN Code
       Aadhaar Number
       PAN Number
       Driving License Number
       Driving License Valid Till
       Emergency Contact Name
       Emergency Contact Number
       Vehicle Model
       Vehicle Registration Number
       Battery Number / ID
       Deployment Date
       Rental Plan
       Next Payment Due Date
       Security Deposit Paid

    2. The Rider acknowledges and agrees that onboarding, OTP verification, dashboard acceptance, app acceptance, WhatsApp confirmation, electronic consent, digital deployment confirmation, payment confirmation, or clicking any acceptance button or checkbox provided by the Company shall constitute valid and binding acceptance of this Agreement.
    3. The Rider expressly confirms that:
       1. the Rider has carefully read, understood, and accepted this Agreement in full;
       2. all information and documents submitted are true, accurate, genuine, and valid;
       3. the Vehicle and related equipment remain the exclusive property of the Company;
       4. the Rider consents to GPS tracking, telematics monitoring, geofencing, electronic communication, data processing, remote immobilization, and operational monitoring;
       5. the Rider authorizes use of electronic records, app logs, payment records, telematics data, deployment records, OTP records, and digital communications as legally admissible evidence; and
       6. breach of this Agreement may result in suspension, repossession, recovery proceedings, forfeiture of deposits, financial liability, police complaint, arbitration, civil proceedings, criminal proceedings, or legal enforcement action.
    4. The Rider further agrees that electronic acceptance of this Agreement shall have the same legal validity, enforceability, and evidentiary value as a physically signed agreement.

REFUND POLICY

This Refund Policy (“Policy”) forms an integral part of the Terms & Conditions and all related policies of EMO Blue Mobility Pvt. Ltd. (“Company” or “EMO”).

By booking, renting, accessing or using the Vehicle and related services, the Rider/User (“Rider”) acknowledges that they have read, understood and agreed to be bound by this Policy.

1. DEFINITIONS

   For the purpose of this Policy, unless the context otherwise requires:

   1. “Applicable Charges” means all amounts payable by the Rider to EMO including Rental Fees, penalties, damages, late fees, challans, towing charges, recovery expenses, cleaning charges, repair costs and any other dues arising under the Agreement or applicable law.
   2. “Booking Period” means the duration for which the Vehicle is booked, rented, allotted or made available to the Rider by EMO.
   3. “EMO Territories” means streets, roads and designated pathways where electric two-wheelers are legally permitted to operate in accordance with applicable laws and regulations.
   4. “Rental Fee” means the non-refundable amount payable by the Rider for booking, renting or using the Vehicle during the Booking Period.
   5. “Rider” means any person who books, rents, possesses, accesses or uses the Vehicle or services provided by EMO.
   6. “Security Deposit” means the refundable amount collected by EMO as security against the Vehicle rental and for ensuring due performance of the Rider’s obligations under the Agreement and Company policies.
   7. “Vehicle” means the electric two-wheeler provided by EMO together with its charger, battery, keys, accessories, documents, helmet and all related equipment supplied during the Booking Period.

2. SECURITY DEPOSIT

   1. A refundable Security Deposit shall be mandatory for all Vehicle rentals, subscriptions or leasing arrangements unless expressly waived by EMO in writing.
   2. The Security Deposit is collected as a security against the Rider’s obligations under the Vehicle Rental Agreement and Terms & Conditions including, without limitation, timely return of the Vehicle, payment of Rental Fees and Applicable Charges, compliance with Company policies, and safeguarding the Vehicle, charger, battery, accessories and related equipment.
   3. EMO reserves the right to revise, increase or modify the Security Deposit amount prior to commencement or renewal of the Booking Period based on operational requirements, Vehicle category or Rider-related risk factors.
   4. The Security Deposit shall be collected separately and independently from the Rental Fee, onboarding charges, convenience fees, penalties or any other Applicable Charges payable by the Rider.
   5. Payment of the Security Deposit shall not create any ownership, lien, right, title or interest of the Rider in the Vehicle or related equipment.
   6. The Security Deposit shall remain with EMO during the Booking Period and may be adjusted against any dues, damages, losses, penalties, recovery costs, challans, repair expenses or liabilities incurred by the Rider under the Agreement or applicable law.
   7. The Security Deposit shall not bear any interest, return, benefit or compensation of any nature whatsoever.
   8. Only the Security Deposit shall be eligible for refund subject to:
      1. compliance with this Refund Policy;
      2. return of the Vehicle in satisfactory condition;
      3. clearance of all Applicable Charges and liabilities; and
      4. successful completion of inspection and verification by EMO
   9. Rental Fees, subscription charges, onboarding fees, platform charges and other usage-related payments shall remain non-refundable once the rental service has commenced.
   10. EMO shall have the sole right to determine the refundable amount after adjustment of deductions, damages, penalties and outstanding dues, and such determination shall be final and binding upon the Rider.

3. NON-REFUNDABLE RENTAL FEES

   1. Rental Fees, onboarding charges, convenience fees, platform fees and other usage-related charges shall be strictly non-refundable once the rental service or Booking Period has commenced.
   2. The Rider acknowledges that the Rental Fee is charged for reserving and making the Vehicle available for the agreed Booking Period and therefore shall not be refundable for partial usage, non-usage or voluntary early termination by the Rider.
   3. No refund, adjustment or credit shall be provided for:
      1. unused rental duration;
      2. voluntary surrender or early return of the Vehicle;
      3. temporary non-usage of the Vehicle by the Rider;
      4. suspension or termination arising due to breach by the Rider.
   4. EMO reserves the right to forfeit prepaid Rental Fees in cases involving fraud, misuse of Vehicle, breach of Agreement or violation of Company policies.

4. ELIGIBILITY FOR REFUND

   1. The Rider shall be eligible for refund of the Security Deposit only upon fulfilment of all conditions prescribed under this Policy and subject to successful inspection and verification by EMO.
   2. The Security Deposit shall be refundable only if:
      1. the Vehicle has been rented for the minimum duration prescribed by EMO, including minimum four (4) consecutive weeks wherever applicable
      2. the Vehicle is returned in good, clean and roadworthy condition, subject to normal wear and tear;
      3. no damage, accident, theft, tampering or unauthorized modification to the Vehicle, battery, charger, accessories or related equipment has occurred during the Booking Period;
      4. all Rental Fees, penalties, fines, challans and Applicable Charges have been fully paid and cleared;
      5. the Vehicle is returned on or before the scheduled return date and time communicated by EMO;
      6. all chargers, batteries, keys, helmets, accessories and Vehicle documents are returned in proper working condition;
      7. the Vehicle has been operated only within EMO Territories and in compliance with applicable laws, traffic regulations and Company policies;
      8. the Rider has not breached the Vehicle Rental Agreement, Terms & Conditions or any applicable policy of EMO.
   3. Refund eligibility shall be determined solely by EMO after completion of final inspection, verification and adjustment of applicable deductions, if any.
   4. Failure to satisfy any of the conditions specified under this Clause may result in partial deduction or complete forfeiture of the Security Deposit.

5. LATE RETURN AND FORFEITUR

   1. The Rider shall return the Vehicle on or before the scheduled or promised return date and time communicated by EMO.
   2. If the Vehicle is returned after twenty-four (24) hours from the scheduled or promised return date and time, only fifty percent (50%) of the refundable Security Deposit amount shall be eligible for refund, subject to adjustment of applicable deductions, penalties and outstanding dues
   3. If the Vehicle is not returned even after lapse of twenty-four (24) hours from the scheduled or promised return date and time, the entire Security Deposit shall stand automatically forfeited and retained by EMO without any further notice to the Rider.
   4. In addition to forfeiture of the Security Deposit, EMO shall have the right to recover any additional losses, damages, recovery expenses, legal costs, penalties or liabilities incurred due to delayed return or non-return of the Vehicle.
   5. If EMO is required to repossess, recover or pick up the Vehicle due to default, abandonment, non-payment or breach by the Rider, no refund of the Security Deposit or Rental Fee shall be payable.
   6. Any delay in return of the Vehicle may also attract additional late return charges, penalties or legal action as may be determined by EMO.

6. DEDUCTIONS FROM SECURITY DEPOSIT

   1. EMO shall be entitled to deduct and adjust amounts from the Security Deposit towards any loss, damage, liability, penalty or expense incurred during or arising out of the Booking Period.
   2. Without prejudice to other rights available to EMO, deductions from the Security Deposit may include but shall not be limited to:
      1. damage to the Vehicle including repair, replacement or restoration costs;
      2. theft, loss, destruction or non-recovery of the Vehicle;
      3. missing or damaged charger, battery, keys, helmet, accessories, tools or Vehicle documents;
      4. excessive cleaning, servicing or restoration charges arising from improper use or poor condition of the Vehicle;
      5. traffic violations, challans, parking penalties, government fines or legal penalties incurred during the Booking Period;
      6. late return penalties or charges for delayed return of the Vehicle;
      7. unpaid Rental Fees, subscription charges or other Applicable Charges payable by the Rider;
      8. towing, repossession, pickup, transportation or recovery expenses incurred by EMO;
      9. unauthorized use, misuse or use of the Vehicle in violation of the Agreement, Company policies or applicable laws;
      10. insurance deductibles, claim processing charges or losses not covered under insurance.
   3. EMO shall have the sole right to assess the nature and extent of damages, losses, deductions or liabilities based on inspection, supporting documents, repair estimates or operational records.
   4. If the total deductions exceed the Security Deposit amount, the Rider shall remain fully liable to pay the balance outstanding amount immediately upon demand by EMO.
   5. Deduction or adjustment from the Security Deposit shall not restrict EMO from initiating legal proceedings or recovering additional amounts from the Rider in accordance with applicable law.

7. VEHICLE INSPECTION

   1. Upon return of the Vehicle, EMO shall conduct a final inspection and verification of the Vehicle, battery, charger, accessories, keys, helmet and related equipment.
   2. The inspection shall include assessment of the physical condition, operational condition, cleanliness, damages, missing items, unauthorized modifications and compliance with Company policies.
   3. The Rider shall cooperate with EMO during the inspection process and provide such information or assistance as may be reasonably required.
   4. EMO shall have the sole right to determine the existence and extent of any damage, loss, deduction, liability or refund eligibility based on inspection reports, photographs, operational records, repair estimates or other supporting materials.
   5. The inspection findings and assessment made by EMO regarding damages, deductions and refund eligibility shall be final and binding upon the Rider.

8. REFUND PROCESSING

   1. Security Deposit refunds, if approved, shall ordinarily be processed within seven (7) working days from the date of refund approval after completion of inspection and verification by EMO.
   2. Refunds shall generally be processed through the same source account, bank account or mode of payment used by the Rider at the time of payment unless otherwise determined by EMO.
   3. EMO reserves the right to withhold or delay refunds pending verification of damages, pending challans, traffic violations, outstanding dues or any suspected breach of the Agreement.
   4. EMO shall not be liable for delays caused by banks, payment gateways, technical issues, regulatory requirements or incorrect payment details provided by the Rider.

9. COMPANY RIGHTS

   1. EMO reserves the absolute right to withhold, adjust, reduce or deny any refund or Security Deposit amount in the event of:
      1. fraud, suspected fraudulent activity or misrepresentation by the Rider;
      2. submission of false, inaccurate or misleading information or documents;
      3. unlawful, negligent, unauthorized or prohibited use of the Vehicle;
      4. breach of the Vehicle Rental Agreement, Terms & Conditions, Company policies or applicable laws;
      5. non-payment of Rental Fees, penalties or Applicable Charges;
      6. damage, loss, theft or non-return of the Vehicle or related equipment;
      7. any act or omission by the Rider causing financial, operational or reputational loss to EMO.
   2. EMO shall further have the right to adjust any outstanding dues, liabilities, penalties, recovery expenses or damages against the Security Deposit without prior notice to the Rider.

10. GOVERNING LAW AND JURISDICTION

    1. This Policy shall be governed by and construed in accordance with the laws of India.
    2. Any dispute, claim or difference arising out of or in connection with this Policy shall be subject to the exclusive jurisdiction of the competent courts at Bangalore, Karnataka.
    3. EMO shall also be entitled to initiate appropriate civil, criminal or recovery proceedings against the Rider before any competent authority or court having jurisdiction under applicable law

11. CONTACT DETAILS

    For refund-related queries, Riders may contact:

    EMO Blue Mobility Pvt. Ltd.

    Email: info@emoblue.in

    Phone: +91 81236 28029

    Address: No. 4/4, Bannerghatta Rd, Lakkasandra, Ayappa Garden, Adugodi, Bengaluru, Karnataka 560030