Roadpanda membership agreement
This Member Agreement is a contract and governs the relationships, rights, and obligations between Roadpanda Online Services Private Limited (“Roadpanda”) and the Member.
IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OR RENT ANY OF ROADPANDA’S MOTORCYCLES, BIKES, SCOOTER OR SERVICES.
Roadpanda reserves the right to change the terms of this Agreement from time to time and shall give notice of such changes to the Member in a timely manner. Notice to the Members shall be considered given when such notice is indicated and accessible from the home page of the Roadpanda website, by email to the Member’s email address provided to Roadpanda in the Member’s application or most recently provided to Roadpanda, or by SMS to the Member’s mobile number provided during the application. Member agrees that the amended terms and conditions of this Agreement shall be effective and binding the earlier of (1) the effective date indicated in such notice; or (2) on the date posted on Roadpanda’s website.
IT WILL BE PRESUMED THAT MEMBER HAS RECEIVED ANY SUCH NOTICE IF AND WHEN MEMBER MAKES A RESERVATION TO RENT A ROADPANDA MOTORCYCLE, BIKE OR SCOOTER AFTER NOTICE OF A CHANGE TO THIS AGREEMENT HAS BEEN PLACED ON THE ROADPANDA WEBSITE AND/OR DISTRIBUTED TO MEMBER BY EMAIL OR SMS. BY MAKING A RESERVATION AFTER RECEIVING NOTICE OF ANY CHANGES TO THE AGREEMENT, MEMBER ASSENTS TO AND WILL BE BOUND BY SUCH CHANGES TO THE AGREEMENT. MEMBER MAY DECLINE SUCH CHANGES BY DISCONTINUING TRIPS UNDER ROADPANDA’s ONLINE MOTORCYCLE RESERVATION PROGRAM.
In the event of any conflict between this Agreement and any other document with respect to Roadpanda’s online motorcycle reservation program, these Terms and Conditions shall govern except otherwise set forth from Roadpanda in writing.
1. Persons Permitted to Drive Motorcycles or Bikes
- Only active Roadpanda Members in good standing, as decided solely by Roadpanda, are allowed to drive Roadpanda motorcycles, bikes or scooters. Non-Members are expressly prohibited from driving a Roadpanda motorcycles at any time. Members may drive a Roadpanda motorcycle that has been reserved/rented by another Roadpanda Member with the permission of the Member having carried out the reservation; however all fees and charges shall be determined in accordance with, and be the responsibility of, the reserving Member while any liability and/or claim arising out of such usage shall be that of all such participant Members.
- Satisfying eligibility criteria required to become a Roadpanda Member does not automatically give an applicant the right to become a Roadpanda Member. Acceptance of the applicant’s membership is subject to approval by Roadpanda at its sole discretion.
- Should any Member’s driver’s license expire or be revoked, authorization to drive Roadpanda motorcycles shall expire immediately. Roadpanda shall be notified of such revocation by the Member by e-mail forthwith upon such revocation.
- By applying for membership, each applicant authorizes Roadpanda to obtain his/her driving records from the jurisdiction in which the applicant is licensed. Because renting and driving a Roadpanda motorcycle or bike requires maintaining a good driving record, Roadpanda may periodically check Member’s driving records and reserves the right, at its sole discretion, to suspend or terminate the Membership of any Member who does not meet Roadpanda’s driving eligibility requirements. Member agrees to promptly report to Roadpanda any suspension or revocation of his/her driver’s license, or any tickets/citations/conviction related to any moving violation including but not limited to driving under the influence of drugs or alcohol, driving while intoxicated, reckless driving, exceeding the speed limit, or sending an SMS while driving.
- Members are responsible for providing and maintaining current email, cell phone, address, and other account information.
- Members are responsible for keeping any Roadpanda related password and/or PIN numbers in strict confidence and to not make passwords or PINs available to third-parties,. Should a PIN or password be reduced to written or electronic form, the Member will be responsible for any associated costs and/or damages in connection with unauthorized use by third-parties. If a Member has reason to believe a third-party may have obtained unauthorized knowledge of a password and/or PIN, Member agrees to change the compromised password and/or PIN.
2. Prohibited Uses
- The use of a Roadpanda motorcycles, bikes and scooters under the following conditions is prohibited:
- any speed race or competition.
- for the purpose of towing, pushing, or propelling any trailer or any other vehicle.
- for the primary business purpose of transporting people or operating a taxi service.
- by any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a motorcycle, bike and scooter is prohibited or not recommended. A zero-tolerance policy is adopted and a limit of 0.0% applies.
- in the carrying out of any crime or any other illegal activity.
- in an imprudent, negligent, or abusive manner or for any abnormal use of this vehicle.
- by any person who has provided Roadpanda with false information or whose representations are determined to be false (including, without limitation, regarding his name, age, or address.
- driving a Roadpanda motorcycle, bike and scooter outside of India or any prohibited areas within India.
- driving a bike while using a mobile phone or any other mobile communication device in any manner whatsoever, including while sending an SMS, emailing, using a cell phone with or without a hands-free device, otherwise using a mobile communication device that may distract you from driving a bike or otherwise engaging in similar activities that may be prohibited by applicable law.
- Using the Roadpanda motorcycle, bike and scooter to transport flammable, poisonous, or otherwise hazardous substances for other than legally permissible household use or in amounts greater than what is usually consumed in a household.
- Transporting objects with the Roadpanda motorcycle that could – due to their size, shape, or weight – adversely impact the motorcycle’s handling safety or that could damage the interior of the Roadpanda motorcycle or, by virtue of such object/s protruding outside, affect the safety of vehicles driving in the vicinity of the Roadpanda motorcycle.
- Transporting more passengers than legally allowed in the roadpanda motorcycle, scooter or bike.
- Driving motorcycle, bike or scooter without helment.
- More than one pillion rider, when driving motorcycle, bike or scooter.
- The foregoing examples are not intended to be exhaustive. Any unreasonable or inappropriate use of a Roadpanda motorcycle, bike or scooter, as determined by Roadpanda in its sole discretion, may be deemed a violation of these Terms and Conditions. Roadpanda may report to the authorities any use of a Roadpanda motorcycle, bike or scooter or other activities that are in violation of local, state, and/or national law or in violation of these Terms and Conditions.
- Roadpanda may immediately suspend or terminate the use of its service by any Member for a violation of any of these Rules. Upon suspension or termination, any existing reservations for the Member may be canceled by Roadpanda at its sole discretion. In addition, Members will be responsible for any and all costs, charges, fees and expenses incurred by Roadpanda as a result of a breach of any of these Terms and Conditions.
3. Reserving/Renting Roadpanda Motorcycles/Bikes
- Reservation is required for all potential booking. Member must always reserve a vehicle in advance of use and will be billed for usage fees at the time of reservation. Member is required to fulfil the below mentioned conditions at the time of taking the possession of the Vehicle for scheduled ride/trip:
- Member must carry the original two wheeler driving licence. Member must show the same to the representative of Roadpanda available at location, where the possession of the Vehicle is supposed to be taken by Member. If member fails to provide original two wheeler driving licence, roadpanda may cancel the booking. Cancellation policy will be applicable. Please check our fee/cancellation policy for more details
- International customer should get their original passport and international two wheeler driving licence at the time of bike pickup. If member fails to provide original passport and two wheeler driving licence, roadpanda shall cancel the booking. Cancellation policy will be applicable. Please check our fee policy for more details.
- Member must carry and support Roadpanda in capturing the image of any one out of following documents in original, as an additional document to be placed on records of Roadpanda to justify his/her identity:
- EPIC (Electoral Photo Identity Card), commonly known as Voter ID; or
- Valid Passport; or
- Aadhaar Card from Unique Identification Authority of India; or
- Government Department (Including Public Sector Undertakings) Identity Card; or
- Identity Card of Tier -1/2 Universities, Colleges, Educational Institutions, which contains photo and address both.
- Member must co-operate with the representative of Roadpanda in taking a photo of Vehicle along with Member, which is meant for safety of Member and record purposes of Roadpanda.
Member shall be held solely responsible, if any of the above conditions are not being completed successfully at the time when possession of vehicle was supposed to be taken by Member and Roadpanda reserves the right not to handover the possession of Vehicle. Consequently, the booking will stand completed without any further onus of Roadpanda to refund or return the booking amount.
- If You wish to cancel a reservation or shorten the period for which a vehicle has been reserved, You must do so in advance, in pursuance of the Fee Policy
If You wish to extend a reservation, You may do so only if following conditions are fulfilled:
- the online payment for the extension has been made and successfully receipt by Roadpanda; and
- the Vehicle is available for use for the extension period (for example, it is not reserved by another Member); and
- the request to extend is completed prior to the scheduled expiration time of Your existing reservation.
In case, any of the above conditions are missing after the expiry of the booking (initial or immediate prior) then You will be deemed to possess the vehicle without authorisation and must hand over the Vehicle to Roadpanda’s parking or its representative without fail/ delay. A delay beyond one hour from the expected handover time of vehicle or after the expiry of booking as the case may be, will be making You the guilty of breach of trust and Your involvement in theft of Vehicle would be presumed without any doubt.
In the event Your reservation is not extended successfully (even if You have put in a request for extending the reservation but which has not been confirmed or has been denied by Roadpanda for any reason) and You do not return the vehicle to the correct and designated Roadpanda space by the end time of Your reservation, Roadpanda reserves the right to initiate the criminal proceedings against You and simultaneously will make all reasonable efforts to take possession of the vehicle from You immediately or any time thereafter, and at any location
For the avoidance of doubt,
- you will be charged late fee, inconvenience fee and any other charges applicable as per Our Fee Policy from the scheduled end time of Your booking till the time the vehicle is actually recovered by Roadpanda,
- You will be charged any additional costs viz; legal attorney fees, consultants fees, travel costs, etc. incurred by Roadpanda in taking possession of the vehicle from You, and
- You will not be provided any compensation or alternate means of transportation in such case and will not have the right to ride in Roadpanda vehicle any more.You shall hold Roadpanda, its officers, employees, agents and affiliates harmless against any claim in connection with the vehicle and/or its re-possession and shall irrevocably and unconditionally indemnify Roadpanda against any cost, loss or liability suffered by Roadpanda arising out of or in connection with any claim made by a third party against Roadpanda in relation to the vehicle and/or its re-possession.
4. Motorcycle Pick-Up and Return/Motorcycle Condition/Stolen Motorcycles
- You must pick up the selected motorcycle, bike or scooter at its designated Roadpanda parking space and return it secured, clean, and in good working order, to the correct and designated Roadpanda space by no later than the end time of your reservation. However, the handover of vehicle pursuant to your booking is subject to the the availability of vehicle. Further, Roadpanda reserves the right to cancel any booking at its sole discretion with only consequence to return the fees collected at the time of creation of booking.
- Prior to taking possession of a motorcycle, bike or scooter, you must do a walk-around. Before driving the motorcycle, you must advise Roadpanda of any damage or abnormality encountered on the motorcycle or in the operation of the motorcycle. If Roadpanda is not notified of a problem at the start of a reservation, you will be deemed to be responsible for any problem with the motorcycle discovered or reported after your reservation, including, without limitation, damage to the motorcycle or lack of cleanliness. You may be charged a damage fee, a cleaning fee, or other applicable fees, and Roadpanda may suspend, or may even terminate your membership.
- You must leave all the original documents including but not limited to registration certificate, insurance policy, tax payment challans, self-drive licenses, pollution clearance certificates, motorcycle’s key,key fob or other starting device, driving accessories etc to Roadpanda personnel at the conclusion of your reservation. You must advise Roadpanda immediately if you fail to leave the key/key fob/starting device, other driving accessories, parking pass, or toll payment pass (if applicable in the vehicle. If you fail to do so and this causes inconvenience to another member, you will be charged the hourly rate for the vehicle until the key/key fob/starting device/parking pass/toll payment pass is returned and you will remain responsible for the motorcycle during such period. You may also be charged a fee at Roadpanda’s sole discretion to replace any of the items missing from the motorcycle.
- Trip is concluded when Roadpanda member returns the motorcycle.
- Reserving Members are responsible for all charges and costs incurred related to the Roadpanda motorcycle for the entire period of the reservation and until the motorcycle is returned, secured, locked and serviceable (all accessories returned, key out of ignition and in proper place, toll payment pass and parking pass and other accessories in the vehicle) to its designated location. Roadpanda motorcycles must be returned no later than the end time of the reservation. Should a motorcycle be returned late, the reserving Member will be responsible for late fees as described in the Fee Policy.
- Members are required to report to Roadpanda immediately any condition that impairs the driving functionality of the motorcycle, such as poor driving feel or external or internal damage that renders the motorcycle unsafe, including but not limited to, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors.
- Stolen motorcycles must be immediately reported to Roadpanda at the nearest police station with a detailed written complaint based on actual facts. Members shall ensure that such complaint shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claim by Roadpanda. The Member will be liable for any loss due to a discrepant, inconsistent or distorted complaint by the Member.
- Always follow traffic rules while driving roadpanda motorcycle, bike and scooter.
- Always wear helmet while driving roadpanda motorcycle, bike and scooter.
- Always park roadpanda motorcycle, bike and scooter at safe location.
- Ensure roadpanda motorcycle, bike and scooter is locked and secured properly when parked or not in use.
6. Securing Roadpanda Motorcycles, Bikes and Scooters
- Each time the member parks a Roadpanda Motorcycle, Bike and Scooter (either at the end of the reservation or during), the member is responsible for securing the motorcycle, bike and scooter.
- Roadpanda encourages all its customers to take full responsibility of their belongings. In case of any Member claims to have left back any luggage or any phones or personal music devices inadvertently in the Roadpanda motorcycle after the Member completes his/her reservation, Roadpanda shall endeavor to locate the lost belongings on a "best-effort" basis provided the Member notifies Roadpanda of the same within reasonable time, but Roadpanda shall not be held responsible for such loss or damage.
7. Eligible (Reimbursable) Expenses
An "Eligible Expense" is defined as
- an expense incurred by the Member for minor (under INR 1000) routine maintenance on Roadpanda motorcycles, such as light bulbs, indicator light or rear miror, etc. and (c) any expense in excess of INR 1000 that is authorized in advance by a Roadpanda Representative. If a Member pays for an Eligible Expense, he or she must keep the receipt and note on it the time it was made during the reservation period. The Member must print his or her name on the receipt and give a physical hard copy of the receipt to the Roadpanda motorcycle attendant after their reservation. Roadpanda will reimburse the member or credit the member's account. No reimbursement or credit will be given without a receipt, or if the receipt is submitted 30 days or more from the reservation date.
- Roadpanda will perform all necessary and required routine maintenance on all of its motorcycles. However, Members are responsible for the cleanliness of motorcycles and are expected to assist in helping Roadpanda to maintain the driving safety and performance of the motorcycle, in particular during longer reservations or when the motorcycle indicates that service or maintenance is required.
- Motorcycles may require Roadside Assistance from time to time. Roadpanda makes reasonable best efforts to provide Roadside Assistance support in all cases. If, however, a Member's need for Roadside Assistance results from a breach of these Terms and Conditions, the Member may be charged for the full costs of the service.
- Inappropriate noises or driving feel, including but not limited to warning lamps, indicators, inappropriate sounds or smells, or performance changes must be reported to Roadpanda as soon as noted. Failure to report such irregularities during the use of a Roadpanda motorcycle may result in such Member's immediate suspension or termination of the Member's Contract.
9. Breakdown or Incidents
- All breakdowns or incidents involving Roadpanda motorcycles, bikes and scooter must be reported to Roadpanda immediately by phone to 080-46810641.
- Breakdown and Roadside Assistance. When using a motorcycle, you must follow the owner's manual instructions. If a problem arises that prevents or limits the use of the motorcycle or that may compromise people's safety, Members must immediately notify Roadpanda and follow Roadpanda’s instructions. Members may have to pay for towing, repairs, and other expenses in some circumstances. When authorized by a Roadpanda Representative (in which case these amounts will be considered Eligible Expenses reimbursable as provided in Section 7.1).
- Incident. In case of an incident involving property damage or any third party, the Member must immediately inform Roadpanda and fill out an official police report form, and, if possible, provide a jointly agreed-upon statement, complete Roadpanda’s incident report form, and obtain the following information:
- Date, time, and place of incident.
- The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate's number (with name, address and phone number of the insurance agent).
- The names, addresses, and driver's license numbers of the persons involved in the incident.
- The name, address, and driver's license number of the owner of the vehicle (if he or she is not the driver).
- The name, addresses, and phone number of witnesses, passengers, and any other involved persons.
- Circumstances of the incident describing immediate surrounding environment and vehicle position prior to the incident.
- A police report is required regardless of liability or fault. Members shall specify in their detailed written complaint to the police the actual facts only. Members shall ensure that such complaint shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claim by Roadpanda. Any loss occasioned to Roadpanda due to a discrepant, inconsistent or distorted complaint by a Member shall be to the account of such Member.
- Investigation and procedure. Members must provide to Roadpanda and any other claims adjustment service with the findings of any report or any notice relating to a claim or a lawsuit against Roadpanda regarding any incident involving a Roadpanda motorcycle, bike and scooter. Members agree to cooperate fully with Roadpanda in the investigation and defense of any such claim or lawsuit. A Member's accounts will be suspended until the investigation has been concluded.
- The Member shall be responsible for the costs related to the repair, recovery, and loss of use of any Roadpanda motorcycle, bike or scooter resulting from any of the foregoing, up to the current Damage Fee as set forth in the Fee Policy / Rate Schedule (if such costs are determined to be the fault of the Member or fault is not established to any other person or entity, or where any cost is not paid / reimbursed by the insurer of Roadpanda motorcycles, bikes and scooter or the insurer of the other vehicle involved in the accident). Please note that a Member may be responsible for all applicable damages and costs arising from the Member's failure to comply with the terms of the Agreement.
10. Traffic Violations
- You are responsible for any traffic violations incurred due to your use of a Roadpanda motorcycle, bike and scooter. This includes, but is not limited to: parking, speeding, breaking red light, photo enforcement, and toll violations. You are liable for all costs from any such violation, including fines for late payment and any processing fees added by the issuing municipality. You are liable for payment of all tolls and any fines for toll evasion. You must report such violations to a Roadpanda Representative as soon as possible within the prescribed deadline for the violation (for example, if the case is being taken to court). See our Fee Policy for further guidance. Roadpanda will notify the Member immediately by e-mail after it learns of any such violation and Member shall forthwith pay the relevant fine/s to the authority concerned and provide Roadpanda with the proof of such payment. However, where Member has personal knowledge of such violations, Roadpanda will not be obligated to provide Member with the notification as above, but Member’s obligation to pay the relevant fine/s and notifying Roadpanda of such compliance will continue as aforementioned.
- You must notify Roadpanda of any traffic violation notices found on a motorcycle, bike and scooter at the time of vehicle pick up. All unreported traffic violations will be the responsibility of a Member if they occur during the time period during which such Member is responsible for the Roadpanda motorcycle.
- You must not leave a motorcycle,bike and scooter in a zone which has parking restrictions. If you leave the motorcycle, bike and scooter in such a restricted zone, you must immediately notify Roadpanda, and you will be responsible for any and all violation notices or towing charges incurred by Roadpanda. Additionally, financial penalties will be levied against you for any inconvenience caused to other Roadpanda members if the motorcycle, bike and scooter is unavailable for their reservation because of such parking violations as set out in the Fee Policy.
11. Data Protection
- Roadpanda captures, stores, processes and uses the Member’s personal data, including, but not limited to, the usage and motorcycle data as they relate to the Member, to the extent this is necessary for the administration and implementation of this Agreement and the Member’s use of the Roadpanda motorcycle.
- Should third-party services be used, Roadpanda is entitled to forward to the third-party service provider the Member’s personal data, to the extent this is required in order to fulfill membership or use requirements.
- Roadpanda is entitled to provide Member’s personal data to third-parties for the purposes of providing individualized offers, services, and other customized information to Members.
- Roadpanda shall implement and maintain reasonable procedures for protecting sensitive personal information in compliance with applicable law.
- Roadpanda shall be entitled to disclose information of the Member to Roadpanda’s parent company and to all companies controlled by Roadpanda or any of its affiliates and to any government body as required by the law/ or by directive/ or request from any government body or to any third party deemed fit and proper by Roadpanda, in its absolute discretion.
12. In case of dispute
- The courts of Bangalore, Karnataka, India shall alone have the sole and exclusive jurisdiction in respect of any matters which may be instituted before any court of law, arising in respect of any disputes between Roadpanda and the Member arising from the use of the services offered by Roadpanda.
- Member agrees to pay Roadpanda’s reasonable attorneys' fees and costs in any legal proceeding relating to this Agreement, including appeals.
- Member must not aid or encourage the filing of any third-party claim or lawsuit against Roadpanda, and Member must cooperate fully with Roadpanda and Roadpanda’s insurer in the investigation and defense of any claim or lawsuit. In any proceeding involving the Member and Roadpanda as co-defendants should Roadpanda determine in its sole discretion that the Member’s independent attorney has not aligned his defense similar to that of Roadpanda, Roadpanda shall be entitled to call upon the Member to change his attorney to one advised by Roadpanda and the Member shall accordingly change his attorney at his own cost.
- Member must immediately notify and deliver to Roadpanda every summons, complaint, document, or notice of any kind received by Member in any way relating to an accident, theft, or other circumstances related to the Roadpanda motorcycles.
13. Terms and Termination
- This Member Agreement shall continue to apply until terminated by either You or Roadpanda as set forth below. If You want to terminate Your agreement with Roadpanda, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where Roadpanda has made this option available to You.
- You agree that Roadpanda may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Roadpanda determines that You have violated the terms & conditions of this Member Agreement any other Policy(s) of the Website. You also agree that any violation by You of the Agreement(s) will cause irreparable harm to Roadpanda, for which monetary damages may be inadequate, and You consent to Roadpanda obtaining any injunctive or equitable relief that Roadpanda deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies which Roadpanda may have at law or in equity.
- In addition to Clause 12.2 above, Roadpanda may, at any time, with or without notice, terminate these terms of the Member Agreement with You if:
- Roadpanda is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
- The provision of the Services to You by Roadpanda is, in Roadpanda’ s sole discretion, no longer commercially viable;
- Roadpanda has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
- In the event Roadpanda faces any unexpected technical issues or problems that prevent the Website and / or Services from working.
- Roadpanda may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.
- You agree that all terminations shall be made in Roadpanda’s sole discretion and that Roadpanda shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
- Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Roadpanda chooses to terminate them.