Updated effective from  15th September 2022

 

Terms & Conditions

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The domain name www.hover-mobility.com (hereinafter referred to as "Website") owned and managed by Auter Industry Private Limited, a private limited company, incorporated and existing under the laws of India and having its registered office at H NO 4836/55, Mehar Baba Nag NR Shilpakar Buddha Vihar, Manewada, Nagpur, 440034 (hereinafter referred to as “Company”). We do business on brand name as Hover Mobility, considering Auter industry private limited as a Parent company of Hover mobility.

Terms of Use:

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Hover/Hover Mobility (hereafter referred to as “We”, “Us”, “Company” or “Our”) is concerned about the policy of users (hereafter referred to as “You”, “Your”, or “User”) or its Mobile Application (“App”) name “Hover Mobility”

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES.

In consideration of Your use of any of the Hover Services (defined below) provided by Auter Industry Private Ltd. d/b/a Hover Mobility, operator of Hover e-Bike share, Hover Mobility requires that You (“Rider”, “You”, or “Your”) agree to all terms and conditions in this Hover Mobility Agreement, Waiver of Liability, and Release (“Agreement”), as applicable.

The “Services” provided by Hover mobility are composed of the following including: 

1) We share smart electric Vehicles (from hereafter Hover Vehicles will be referred to as Vehicles).

2)    All other related equipment, personnel, mobile applications (“Hover mobility”), websites and information provided or made available by Hover mobility.

 

IMPORTANT NOTE ON ARBITRATION: PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION WORKS.

 

Please carefully read all terms and conditions before entering into this agreement. Here is a list of some of the terms that “Hover Mobility” wants to bring to your notice in the event you are on a smartphone (App (“Hover mobility”)) or other device with a small screen. Capitalized terms have the meanings given to them where defined in this Agreement.

1) On completion of your ride, the Bike ride must be ended. If the Bike ride is not ended, the trip will continue and you will continue to be charged. Hover mobility holds the right to end your ride and charge a non-compliance fee accordingly.

2) On completion of your ride, park the Hover Bike at a parking location or at a ("HOVER HUB") following all the laws. The Bike cannot be parked in a non-parking spot, private property or in an area that is restricted.

3) You must follow all traffic laws, e.g. any cycling lane laws in your area, electric Vehicle regulations in your area.

4) If there is a damage or malfunction in the Bike or Electric Scooter, you must immediately report it to Hover Mobility via the App Support(“Hover Mobility”) feature or email- mobilityhover@gmail.com

5) Hover Mobility clearly agrees to let, and the Rider clearly agrees to take on, rental of the Electric Bike subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this agreement shall be deemed to be denominated in Indian Rupees.

1)   USE OF HOVER BIKES

1.1)       The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Vehicle from the location, the Vehicle must be used only by You. You must not allow others to use a Vehicle that You have activated from the location.

1.2)        Riders must be at least 16 years of age to ride a Hover moped. If riders do not comply with the rules as mentioned he/she will be penalized.

1.3)       Rider must be able to operate our products in a competent manner. You know how to use them and are physically able to do so. You understand that adverse weather conditions can impact safety and you are able to respond accordingly (like adjusting your braking distance in the rain, for example). This may also mean not using certain products at all.

1.4)       Rider agrees that the Vehicle and any Hover Mobility equipment attached to the Vehicle, at all times, remain the exclusive property of Hover Mobility. You must not disassemble, write on, modify, repair or deface a Vehicle, any part of a Vehicle, or other “Hover” equipment in any way. You must not write on, peel, modify or damage any sticker on a Vehicle in any way. You must not use a Vehicle, or other “Hover” equipment for any advertising or similar commercial purpose.

1.5)       Hover mobility makes every effort to provide the Hover Service 365 days per year, but does not guarantee that the Service will be available at all times, as major events or other circumstances might prevent Hover from providing the service. Access to the service is also conditioned on the availability of Vehicles. Hover mobility does not represent or warrant the availability of any service or the availability of any Vehicle at any time. Rider agrees that Hover may require Rider to return a Vehicle at any time. The number of Vehicles are limited and Vehicle availability is never guaranteed.

1.6)       Riders are also not permitted to use our services to participate in activities beyond a particular product’s intended use. Some of these are obvious, but for example, no racing, mountain riding, stunts or trick-riding, and don’t take a product off-road or through massive amounts of water (beyond normal urban riding, of course). All of these uses can damage our products.

1.7)       The Electric Bike requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Electric Bike safely and prudently in light of the Vehicle being an electric powered and all of the limitations and requirements associated therewith. Our Electric Bike is ICAT certified. The maximum speed limit of the Vehicle is 25 km/hr and wearing a helmet during the ride is not mandatory. RTO registration tag is also not required for the Vehicle.

Rider understands and agrees with each of the following: 

The level of charge power remaining in the electric Bike will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).

The level of charging power in the Vehicle at the time Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use.The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors.

 It is Riders responsibility to be aware of the level of charge power in the product you are using. As part of our Services, we work diligently to ensure that our Products have adequate charge for your general use, but we don’t know where you intend to go and we can’t guarantee the electric Product you use has enough charge power to get you there.

1.8)       Weight load should not be over 160kg.

1.9)       Don’t tamper with, vandalize or try to gain unauthorized access to our Services.

1.10)  Riders must report any accident, crash, damage, personal injury, stolen or lost Vehicle, to Hover as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, Rider shall file a report with the local police department within 24 hours. Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle.

1.11)  We do our best to keep each product in good condition, but you should still perform a safety check on the product before you use it, including all of these:

Did you check its general condition (wheels, tires, etc.)?

Do its brakes and lights work?

Are the seat and basket properly attached to a bike?

Is the battery charged?

Is there any other sign of damage, unusual or excessive wear or is maintenance needed?

Something could have happened to the Product since its condition was last checked, and we need you to tell us if something isn’t working properly if you notice it before we do. If you notice any of these or other issues in a Product before your use, don’t use it. Reserve another one instead. If you notice something during use, stop your trip as safely as you can and as soon as possible. If you don’t report these issues, we may have to attribute them to you, including holding you responsible for any associated costs, so please tell us if anything you see doesn’t look right. Rider agrees to return the Hover bike in the same condition in which it was rented. Riders will not be responsible for normal wear and tear.

1.12)  If the Electric bike runs out of charging power during a rental, Rider shall conclude the ride in compliance with all terms of this agreement. Rider must immediately report about this to Hover mobility OR via the Hover mobility App Support feature or e-mail – mobilityhover@gmail.com

1.13)  Rider agrees to the following:

a) You must not ride a Vehicle while carrying any briefcase or other items if it hinders Your ability to operate the Vehicle safely.

b) While riding a Vehicle, you must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from safely riding the bicycle.

c) You must not use a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may harm Your ability to operate a Vehicle safely.

d) You must only use locking mechanisms provided by Hover mobility to hover bikes. You must not add another lock to the Vehicle or lock a Vehicle to anything.

e) The Vehicle must be parked at Hover designated parking location ("Hover Hub") to end the ride, i.e. the Vehicle cannot be parked/left on private property or in a restricted area or in any other non-public space.

f)  You must not carry more than one person on a Vehicle.

g) You must not place heavy objects (that will make riding difficult) on the Vehicle.

1.14)  Rider agrees to follow all laws relating to the use, riding and/or operation of the Vehicle, including all state and city laws and the rules and regulations pertaining to electric bikes in the area where you are operating the Vehicle.

2) PAYMENTS AND FEES

2.1) Fees:

You may use our Services on a per-ride or subscription basis (where subscriptions are available). All pricing can be found in the App. Please note that we may change pricing for our Services as we deem necessary or appropriate for our business. Our pricing is exclusive of taxes (like sales and value added) and other applicable governmental charges. All of these will be charged to your preferred payment method designated in your account based on your use. We will automatically charge and withhold the applicable taxes if required by law. All payments to us are made through a third-party payment processor in the form of payment accepted by them. If you disagree with any charges we have made to your account, you must let us know within 10 business days from the end of the month in which the disputed charge took place. To resolve any disputed charges, we will need certain trip information, including the date and approximate start and end times of your trip. As a policy, we do not offer refunds for your use of our Services, and any exceptions to this policy are in our sole discretion. 

2.1.1)Convenience Fee: Hover Mobility shall charge Convenience for the service which shall be determined and amended at the sole and absolute discretion of Hover Mobility. Convenience Fee shall be payable by Rider to Hover Mobility. "Convenience Fee" shall mean the fee payable by the customer to Hover Mobility for the service i.e. ,for availing the technology service offered by Hover Mobility, Customer Suppoet, and Cashlesss payment options. Convenience Fee shall be chargeable on every booking made through the app/site. The Convenience Fee shall be exclusive of all applicable Taxes on the Convenience Fee, if any.

2.2) Promo Codes

Promo codes (discounts) are one-time offers and can only be redeemed via Hover App. Only one promo code will be applied to a single ride. Hover mobility reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.

2.3) Subscription

Your subscription will begin on the date your first payment is received, and our third party payment processor will charge your preferred payment method within 30 days of authorization. Your subscription will continue for the period of time you selected at sign-up (or month-to-month/year-to-year if no period was specified for some reason).

 The applicable price is the price at the time you submit your order (we reserve the right to change prices over time, and we do not provide price protection or refunds in the event of a price drop or promotional offering). We’ll automatically bill and charge you each month or year during the term of your subscription.

We may offer a variety of membership plans, including free trials, discounted pricing for limited times or special third-party promotional plans that may have different or additional terms disclosed to you at or before sign-up. Some of these are offered by third parties, and we are not responsible for their products and services. With free trials, some credit card companies may place a temporary hold on your payment method for your first payment.

We reserve the right to modify, terminate or otherwise amend any subscription membership plans.

We may cancel your subscription for any or no reason on 30 days prior written notice to you. You may do the same, but if it’s in the middle of your subscription term, you will not receive a refund for partial months or year and it may mean you forfeit any membership fee. We may also cancel your subscription if you fail to pay amounts due, or if you are in material breach of these Terms.

Our subscription will automatically renew at the then-current prices for the same length of time as your original membership term. It will continue indefinitely unless you cancel it before the end of your then-current subscription term. Our pricing and applicable taxes and fees may change over time, so the pricing from one subscription term to the next may be different. We reserve the right to change subscription pricing at any time, but if we do, we’ll give you notice of such change first (this might be in-App or other electronic communication). If you don’t agree with the new pricing, you can cancel your subscription.

You have 60 days from the day charges appear on your account statement to dispute them – after that, you are deemed to have accepted these charges.

2.5)Pick Up Fees

If You are unable to return a Vehicle to a Hover Hub or at designated parking location, and request that the Vehicle be picked up by Hover mobility staff, Hover, at its sole discretion, may choose to charge You a pick-up fee. If any Vehicle accessed under Your account is abandoned without notice, you will be responsible for all ride charges until the Vehicle is recovered and deactivated, plus a service charge to recover the Vehicle. Fees are subject to change.

2.5)Security Deposit

If Security Deposit is Avalable: Riders shall deposit an amount for security deposit as mentioned in tariff card in the App and amount on top of security deposit (“added balance”) will be available to be applied for electric vehicle ride charges using payment options provided on Hover Mobility app before using the services. Rider authorizes Hover Mobility to deduct electric vehicle ride charges, any incidental charges, and taxes. Riders can dispute any charges by presenting all necessary information within 10 days from the end of the month in which such an amount was charged. Security Deposit is refundable after adjusting with the negative balance.

2.6)Hover Mobility Wallet:

If Wallet is available: Rider shall deposit amount to get Hover Credits that will be used for riding the vehicle.  The amount you pay is added in full to your wallet as Credits and does not expire. As per RBI guidelines, Hover Credits cannot be withdrawn or transferred.

3)Indemnity & Release

3.1)Indemnity

You will indemnify and hold the Released Persons harmless from all losses, suits, claims or other proceedings arising out of or relating to Your use of Vehicles and any breach of the terms of this Agreement; provided, however, that Released Persons must notify You as soon as practicable after the date notice of such loss, suit, claim or other proceeding is served on Released Persons directly (as opposed to service on a statutory agent for service of process) or otherwise brought to the attention of Released Persons.

3.2)Release

“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the Vehicles, equipment or related information, or (b) Rider’s use of any of the foregoing. “Released Persons” means, collectively Hover and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, and (ii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns. In exchange for Rider being allowed to use any of the Services, Vehicles, and other equipment or related information provided by Hover, Rider (acting for Rider and for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) do hereby fully and forever release and discharge all Released Persons for all Claims that Rider has or may have against any Released Person, except for Claims caused by the Released Person’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. Rider expressly agrees to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of Hover mobility and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using and/or operating the Bike.

4)Disclaimer

We provide our Services using a commercially reasonable level of skill and care, and while we strive for the highest quality in everything we do, there are certain things we cannot promise of our Services. 

WE PROVIDE OUR SERVICES “AS IS” AND “AS AVAILABLE.” OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, THE RELEASED PARTIES (WHICH WE DEFINE IN THE NEXT PARAGRAPH) DO NOT MAKE ANY SPECIFIC PROMISES ABOUT ANY SERVICES, WHETHER ABOUT THE SPECIFIC FUNCTIONS OF SUCH SERVICES, THEIR RELIABILITY, QUALITY, AVAILABILITY OR ABILITY TO MEET YOUR SPECIFIC NEEDS OR OTHERWISE, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE AND OUR RELEASED PARTIES EXCLUDE ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.

5)   Additional term of use

   5.1) Safety check of Electric bike ("Hover Bike")

1) Head light in the front

2) A rear red reflector

3) Vehicle Number on the mudguard

4) Horn/Bell at left handle to alert any people in the path

5) Digital battery meter

Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) wheels (ii) safe operation of all brakes (iii) proper attachment of the saddle, and battery level (only for electric scooters); (iv) good condition of the handle and bell; and (v) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer support using Hover App or sending an email at mobilityhover@gmail.com

5.2) Lost or stolen

    If a Vehicle is not returned within 48 consecutive hours, then the Vehicle is deemed lost or stolen and a police report will be filed with local authorities. The data generated by the servers will be treated as the conclusive evidence of the period of the usage of the Vehicle by a rider.   If a Vehicle has disappeared or stolen, the rider must immediately report to Hover mobility.

5.3) Rider Safety

Hover mobility recommends that all Riders wear a helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Rider agrees that none of Hover Mobility and its Released Parties are liable for any injury suffered by Rider while using the Service, whether or not Rider is wearing a helmet at the time of injury. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.

Vehicles shall have the following safety precautions as a minimum:

Horn/Bell to alert any person or Vehicles in the path

Hand operated brakes, one each for the front and rear wheels

A red rear reflector

A front headlight in Hover bikes

Remote tracking of Vehicle using built-in GPS system

5.4)Vehicle Routes

Rider agrees that Hover mobility does not provide or maintain places to ride Vehicles, and that Hover mobility does not guarantee that there will always be a safe place to ride a Vehicle. Roads, bicycle lanes, and Vehicle routes may become dangerous due to weather, traffic, or other hazards.

5.5) Limitations on Vehicle Rental

Rider agrees that Hover mobility is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. Hover mobility provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.

5.6) Limitations on Availability of Service

Hover mobility makes every effort to provide the Service 365 days per year, but does not guarantee that the Service will be available at all times, as major events or other circumstances might prevent Hover from providing the Service. Access to the Service is also conditioned on the availability of Vehicles. Hover mobility does not represent or warrant the availability of any Service or the availability of any Vehicle at any time. Rider agrees that Hover mobility may require Rider to return a Hover Vehicle at any time.

6) Limited Liability

WHEN PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE RELEASED PARTIES FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO INR10000 IN ALL CASES, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

OUR PRODUCTS ARE MACHINES AND THERE IS INHERENT RISK ASSOCIATED WITH USING THEM, INCLUDING DUE TO MALFUNCTION NO MATTER HOW WELL THEY ARE MAINTAINED. THESE RISKS ARE NOT ALWAYS OBVIOUS, AND THEY MAY CAUSE PROPERTY DAMAGE, INJURY OR EVEN DEATH TO YOU OR OTHERS. BY USING OUR SERVICES, YOU AGREE THAT YOU UNDERSTAND THESE RISKS, THAT IT IS YOUR RESPONSIBILITY TO USE OUR SERVICES SAFELY AND THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES IS YOURS AND YOURS ALONE. YOU ARE RESPONSIBLE FOR ANY HARM YOU CAUSE TO OTHER PEOPLE OR PROPERTY.

YOU HEREBY WAIVE ANY AND ALL CLAIMS, INCLUDING THOSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY AND/OR ANY OTHER GROUNDS, EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.

7) License To Image and Likeness

For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably:

(1) give Your full and unconditional consent to “Hover mobility”/ “Hover Bikes” and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity;

(2) grant to “Hover mobility” and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as “Hover mobility” may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; 

(3) waive, release, and discharge all Released Persons from all Claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.

8) TERM AND TERMINATION

8.1 Term

The term of this Agreement begins when Rider first uses the Hover mobility Service, and the term ends 20 years after Rider’s last use of the Service; provided, however, that Rider’s personal financial responsibility under this Agreement expires one year after the Rider’s last use of the Service.

8.2 Termination by Hover mobility

At any time and from time to time, and without Rider’s consent, Hover mobility may unilaterally terminate Rider’s right to use the Service, in Hover’s mobility sole discretion and without any notice or cause. Rider may terminate Rider’s use of the Service at any time; provided, however, that

(i)              No refund will be provided by Hover

(ii)             The term of this Agreement continues in accordance with this Agreement

(iii)            Rider may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider’s right to use any of the Service, regardless of how the Agreement is terminated

9) Confidentiality of Information

You understand and agree that all personal information that is held by Hover mobility and pertains to Riders, including all names, addresses, phone numbers, email, passwords, payment information, and other information will be kept by Hover mobility in accordance with its privacy policy.

10) Notice

Hover mobility may be contacted by email mobilityhover@gmail.com

11) Choice of Law & Dispute Resolution

This Agreement is governed by, and must be construed and enforced in accordance with, the laws of India, excluding principles of conflicts of laws. For every dispute regarding this Agreement:

 (i) The prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled;

(ii) Each party consents to the jurisdiction of the courts of the India and agrees that those courts have personal jurisdiction over each party;

(iii) The parties must submit the dispute to mandatory mediation to the concerned "Authority" who will assign a mediator to conduct the mediation process. The parties agree that any dispute will be first subject to mediation. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.

12) Waiver and Severability

No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

13) Cumulative Remedies

All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.

14) Final Agreement & Modification by Hover

This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement succeeds all other prior agreements, written or oral, relating to such subject matter. Hover mobility may amend, modify, or change this Agreement at its discretion and without any notice or cause, at any time, periodically, without Rider’s consent. By continuing to use any Service after any amendment, modification, or change, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, Hover mobility will post a notification on the Website. The pricing set forth on the Website supersedes all pricing set forth in this Agreement.

15) Mutual arbitration

15.1) We each mutually agree to resolve any justiciable disputes between us exclusively through final and binding arbitration instead of filing a lawsuit in court. This arbitration provision is governed by the Indian Arbitration Act 1996 and will apply to any and all claims arising out of or relating to your access or use of the Services, any communications, advertising or marketing by or regarding us or the Services, any products or services sold or distributed through the Services that you received as a consumer of our Services, any aspect of your relationship or transactions with us, any of our actual or alleged intellectual property rights, and all other aspects of your relationship with us, past, present or future, whether arising under federal, state or local statutory and/or common law (collectively, the “Dispute”). We each also expressly agree that this Agreement will be governed by the Indian Arbitration act even in the event you and/or we and/or these Terms are otherwise exempted from the Indian arbitration act. Any disputes in this regard shall be resolved exclusively by an arbitrator.

15.2)  If either of us wish to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to us at…

15.3) We each mutually agree that by entering into this agreement to arbitrate, we both waive our right to have any dispute or claim brought, heard or arbitrated as, or to participate in, a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”). In any case in which (1) the dispute is filed as a class, collective or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. Notwithstanding any other clause contained in this Section  or the, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Mutual Arbitration Provision is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

15.4) You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Section  to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator or arbitration panel, as the case may be, will apply and be bound by this Section  and any additional terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award. All issues are for the arbitrator to decide, including arbitrability. This arbitration provision shall survive termination of this Section  or the Services.

15.5)  Except as provided in the Class Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable.

15.6)  Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in India. Accordingly, we each mutually consent to the exclusive personal jurisdiction and venue of such courts for such matters. The award issued by the arbitrator may be entered in any court of competent jurisdiction.

15.7) This Mutual Arbitration Provision will survive any termination of your relationship with us.

16.8) This Mutual Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes covered by this Mutual Arbitration Provision. This Section can be amended only by our mutual written agreement. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable. 

 

RIDER ACCEPTANCE OF AGREEMENT

I certify that I am the Rider, I am 16 years old or above, and I have read and expressly agreed to the terms and conditions set forth in this Agreement.

OR

I certify that I am the Parent and/or Legal Guardian of the Rider, who is at least 13 years old, and I am 16 years old or above. I have read, and I expressly agree to, the terms and conditions set forth in this Agreement and authorize use of the Service by the minor Rider.