1.1 This Member Agreement is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder as amended from time to time. This Member Agreement is an electronic contract and does not require any physical, electronic or digital signature.
1.2 This Member Agreement located at the website www.howdybikes.com and mobile application titled ‘HOWDY’ (“Platform”) is a legally binding agreement between Sai Lakshmi Enterprises Private Limited, having its registered office at No. 125, First Floor, Varadha Muthiappan Street, Sowcarpet, Chennai – 600 079 (“Howdy” / the “Company” or “we” or “us” or “our”) and the guest users or registered users of the Platform (shall henceforth be referred to as “Member” or “you” or “your” or “yourself” or the “User” or the “Individual”.) .
1.3 The Member Agreement provides the terms and conditions on which Howdy offers you the access to the Platform for use, purchase of any product or services therein and such other services as are incidental and ancillary thereto (“ Services ”).
1.5 Please read the terms and conditions of the Member Agreement fully before using or registering on the Platform or accessing any material, information or availing Services through the Platform. By downloading, installing, or otherwise accessing or using our Platform or Services (whether in whole or in part), you agree that you have read, understood, and agree to be bound by the Member Agreement and the “Policies”. By agreeing to the Member Agreement, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our Services.
1.6 Upon your consenting to the Member Agreement and the Policies of the Company (which are incorporated by reference into this Member Agreement), the Company hereby grants you a limited, personal, revocable, non-assignable and non-exclusive license to use our Services. This license is for the sole purpose of enabling you to use the Services in the manner expressly permitted by this Member Agreement and the Policies.
1.7 If you do not agree with the Member Agreement or any other Policies mentioned within the platform, please do not use the Platform or avail any Services being offered therein. Howdy reserves the right to change the terms and conditions of this Member Agreement or other Policies from time to time and shall give notice of such changes to the Members in a timely manner. Notice to the Members shall be considered given when such notice is indicated and accessible from the first page accessed after the Member accesses the Platform or by email to the Member’s email address provided to Howdy in the Member’s account creation or most recently provided to Howdy, or by SMS to the Member’s mobile number or mobile notification on the mobile application provided during the account creation. Member agrees that the amended terms and conditions of this Member Agreement shall be effective and binding on the earlier of (1) the effective date indicated in such notice; or (2) on the date posted on the Platform.
1.8 It will be presumed that Member has received any such notice if and when the Member makes a reservation for a Howdy vehicle after notice of a change to this Member Agreement has been placed on the Platform and / or distributed to the Member by email or SMS or mobile notification on the mobile application. By making a reservation after receiving notice of any changes to the Member Agreement, the Member assents to and will be bound by such changes to the Member Agreement. Member may decline such changes by discontinuing trips under the Member Agreement.
1.9 In the event of any conflict between this Member Agreement and any other document with respect to the Company’s other policies, the Member Agreement shall override any such document except otherwise set forth from the Company in writing.
1.10 As a company we have zero tolerance towards any kind of discrimination and strictly condemn any such actions. We do not discriminate on the basis of age, caste, creed, race or gender, except to the restriction on the minimum age to ride a bike as per the existing laws in India.2. Access to Howdy’s Services
2.1 It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications and is compatible with our Services to enable your access and use of the Services.
2.2 You must ensure that the details provided by you are accurate and treat such information as confidential. Based on the information provided by you to us, you may be provided with a login identification (such as a username and password or any other identifier). You are solely responsible for all activities that occur under your login identification and must notify us immediately of any unauthorized use or other security breach relating to your login identification.
2.3 We reserve the right to block, disable or delete any login identification, at any time, if in our opinion, you have failed to comply with any of the provisions of the Member Agreement or any other Policies, or if any details you provide for the purposes of registering as a user of the Services prove to be false or a misrepresentation.
2.6 The operation of our Services includes periodic delivery to you of offers, coupons or other information that may be of interest to you based on your stated preferences or your location. This offers may be released via text message, e-mails, push notifications, etc.3. Persons Permitted to Drive Vehicles
3.1 Only active Members in good standing, as decided solely by Howdy, shall be allowed to drive Howdy vehicles. Non-members are expressly prohibited from riding a Howdy vehicle at any time.
3.2 Notwithstanding anything contrary contained in this Member Agreement, the Member booking the ride must ensure that if any other person other than the Member rides the Howdy Vehicle, it should be ensured by the Member that the said driver of the Howdy Vehicle should have a valid and effective driving license and he shall drive only with the prior written consent of Howdy, failing which the Member originally booking the vehicle shall be solely liable to indemnify Howdy without any limitation for any loss suffered by Howdy arising from, incidental to or related with such unauthorized usage of the vehicle.
3.3 Satisfying the eligibility criteria required to become a Howdy Member does not automatically render an applicant the right to become a Howdy Member. Acceptance of the applicant’s membership is subject to approval by Howdy at its sole discretion.
3.4 Should any Member’s driving license expire or be revoked, authorization to drive Howdy vehicles shall expire immediately, Howdy shall be notified immediately or not later than 2 (two) working days of such expiry or revocation by the Member by email forthwith upon such expiry or revocation.
3.5 In continuation to the clause mentioned at 3.4 above, the user/member can provide an updated copy of the renewed active Driving license, which, after approved by Howdy, can be used to continue availing our services.
3.6 By applying for membership, each applicant authorizes Howdy and Howdy reserves the right at its sole discretion to obtain his / her driving records from the jurisdiction in which the applicant is licensed. Because riding a Howdy vehicle requires maintaining a good driving record, Howdy 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 Howdy’s driving eligibility requirements. Member agrees to promptly report to Howdy any suspension or revocation of his / her driving license, or any tickets / citations / conviction related to any traffic violation including but not limited to riding without a helmet, riding under the influence of drugs or alcohol, riding while intoxicated, reckless driving, exceeding the speed limit, jumping the traffic signal or sending an SMS / talking on phone while riding. Howdy can suspend or terminate the membership of a Member or stop the provision of the Services if Howdy becomes aware of any pending criminal charges or allegations of commission of offences by a Member. Howdy, at its own discretion, may issue a warning to first time offenders and may terminate the Member Agreement with the customer in the case of repeated offenders.
3.7 Member is responsible for providing and maintaining current email, cell phone, residential address (current / temporary and permanent), and other account information with Howdy. Member further warrants that information provided to Howdy shall be absolutely correct and is bound to inform to Howdy promptly, if any change occurs in the information provided earlier including but not limited to cell phone number, residential address, etc.
3.8 Member is responsible for keeping any Howdy 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 of the Member’s account 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 instantly and simultaneously notify the Company of such unauthorized use.4. Prohibited Uses
4.1 Howdy is strictly meant for personal use by Members. The use of a Howdy vehicle under the following conditions is prohibited:
• for any speed race, rallies or competition;
• for the purpose of towing, pushing, or propelling any trailer or any other vehicle, whether or not such vehicle belongs to Howdy;
• for the primary business purpose of transporting people or operating a taxi or any other delivery services;
• 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 vehicle is prohibited or not recommended. A zero-tolerance policy is adopted and a limit of 0.0% Alcohol by Volume (AVB) applies; .
• in the carrying out of any crime or any other illegal activity;
• to undertake any political rallies, protests and such other activities in furtherance of a political agenda or campaigns, rallies or protests of any nature;
• indulging in any imprudent, negligent, or abusive manner or for any abnormal use of the vehicle;
• by any person who has provided Howdy with false information or whose representations are determined to be false (including, without limitation, regarding his name, age, or address);
• for riding a Howdy vehicle outside of India or any prohibited areas within India;
• for riding 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 riding or otherwise engaging in similar activities that may be prohibited by applicable laws;
• for using Howdy vehicle 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;
• for transporting objects with Howdy vehicle that could – due to their size, shape, or weight adversely impact the vehicle’s handling safety or that may be prohibited by applicable laws;
• for using Howdy vehicle 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;
• for transporting objects with Howdy vehicle that could – due to their size, shape, or weight adversely impact the vehicle’s handling safety or that could damage the interior of Howdy vehicle or, by virtue of such object(s) protruding outside, affect the safety of vehicles driving in the vicinity of Howdy vehicle;
• for damaging the exteriors of the vehicle by drawing/sticking of unwanted/unnecessary materials; and
• for transporting more passengers than the prescribed seating capacity of the vehicle by manufacturer of the vehicle.
4.2 The foregoing examples are not intended to be an exhaustive list. Any unreasonable, unwarranted, illegal, unethical or inappropriate use of a Howdy vehicle, except the personal use for travel, as determined by Howdy in its sole discretion, may be deemed a violation of these terms and conditions. Howdy may report to the authorities any use of a Howdy vehicle or other activities that are in violation of local, state or national law or in violation of these terms and conditions.
4.3 Vehicles cannot be used for commercial purposes by Members / Users of Howdy Vehicles. Further, Howdy vehicles cannot be used or ridden outside the city / jurisdiction limits for which use of the vehicle has been chosen by the member. For instance, any Howdy vehicle booked by a member in Chennai cannot be used or ridden outside Chennai city limits. In this regard, the Member shall exercise due knowledge, caution and restraint in ensuring that the vehicles are used strictly within the city / jurisdiction limits selected by the Member.
4.4 Howdy may immediately suspend or terminate the use of its Services by any Member for violation of any of the terms and conditions of the Member Agreement or any of the Policies. Upon suspension or termination, any existing reservations of the Member may be cancelled by Howdy at its sole discretion. In addition, the Member will be absolutely responsible for any and all, losses, damages (direct / indirect), costs, charges, fees and expenses incurred by Howdy, as a result of such breach of any of the terms and conditions of the Member Agreement and the Member shall be required to fully indemnify Howdy. Further, the Member unconditionally and irrevocably agrees that Howdy reserves the right to pursue remedial action to recover the losses / damage suffered by Howdy from the Member / Member’s properties, including but not limited to his / her legal heirs / representative’s properties. Howdy acknowledges and agrees that the remedial action pursued shall not constitute any amount of force or coercion.
4.5 Please be informed that Howdy may track usage of the vehicle by the customer via GPS devices installed on the vehicles and further that the vehicles may be equipped with immobilizer systems for safety and security purposes. If any Howdy vehicle is being subject to unauthorized access or is being subject to any of the restricted or prohibited conditions mentioned herein above, then Howdy reserves the right to remotely activate the immobilizer system on the vehicle and immobilize the vehicle that in the reasonable view of Howdy is being subject to unauthorized access or any of the restricted or prohibited conditions mentioned here. The view and decision of Howdy shall be final and Howdy holds the right to undertake such measures based on its reasonable view and judgment in such matters, without prejudice to other rights of Howdy against the Member (including those enumerated in Clause 4.4 above). The costs and expenses involved in the losses / damage suffered by Howdy on account of immobilizing the vehicle as well as towing / restoring the vehicle as well as any related costs and expenses shall be solely to the account of the Member and the Member shall be required to fully indemnify Howdy on this account.
4.6 Howdy expressly asserts that its Services are not solicited nor intend to be solicited to people under the age of 18 and for people who do not have an active Driving License.5. Reserving Howdy Vehicles
5.1 Reservation is required for all potential bookings (Both quick and Scheduled Booking). A Member must always reserve a vehicle in advance of use and will be billed for usage fees at the time of reservation as provided in the Platform. The member needs to pay a minimum-security deposit as mentioned within the platform to reserve a bike. For quick booking option, the reservation would be valid for 20 minutes within which the customer has to scan the QR code or enter the bike number to get the ride started. Member is required to fulfill the below mentioned conditions at the time of taking the possession of the Vehicle for scheduled ride / trip:
Member must carry his / her original driving license, which is being shared with Howdy at the time of opening of account / booking of the ride with Howdy. Member must show the same to the representative of Howdy available at location, where the possession of the Vehicle is supposed to be taken by the Member;
• Member must carry and support Howdy in capturing the image of any one out of following documents in original, as an additional document to be placed on records of Howdy 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 both photo and address.
• Member shall be held solely responsible, if any of the above conditions are not being completed successfully at the time when possession of the vehicle was supposed to be taken by the Member and Howdy reserves the right not to handover the possession of the vehicle. Consequently, the booking will stand completed without any further onus of Howdy to refund or return the booking amount.
5.2 If you wish to cancel a reservation, you must do so in advance, in pursuance of the Fee Policy.
5.3 In case of a Scheduled booking, If you wish to extend a reservation, you may do so only if following conditions are fulfilled:
• the online payment and request for the extension has been made and successfully received by Howdy;
• 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 Howdy’s parking or its representative without fail / delay.
For Quick bookings, the user is allowed to possess the vehicle for a maximum of one day (24 HOURS). However, for scheduled bookings, a delay beyond one hour from the expected handover time of vehicle or after the expiry of booking as the case may be, will render you guilty of breach of trust and your involvement in theft of such vehicle shall be presumed without any doubt.
5.4 For Scheduled Booking, 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 Howdy for any reason) and you do not return the vehicle to the correct and designated Howdy space by the end time of your reservation, Howdy reserves the right to initiate the civil and / or 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. Similarly, for Quick bookings, if the user of the vehicle is possessing the vehicle in excess of one day(24 hours as mentioned at 5.3 above), Howdy reserves the right to initiate the civil and / or 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.
5.5 For avoidance of any 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 Howdy;
• You will be charged any additional costs viz; legal attorney fees, consultants fees, travel costs, etc. incurred by Howdy 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 Howdy vehicle any more. You shall hold Howdy, 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 Howdy against any cost, loss or liability suffered by Howdy arising out of or in connection with any claim made by a third party against Howdy in relation to the vehicle and / or its re-possession.6. Vehicle Pick-Up and Return / Vehicle Conditions / Stolen Vehicles
6.1 You must pick up the selected vehicle at its designated Howdy parking space/zones/hubs and return it secured, clean, and in good working order, to the correct and designated Howdy space by no later than the end time of your reservation(for your scheduled bookings) and no later than 24 hours(for your quick bookings).
6.2 Prior to taking possession of a vehicle, you are free to examine and observe the condition of the vehicle externally and internally. Before riding the vehicle, you must advise Howdy of any damage or abnormality encountered on the vehicle or in the operation of the vehicle. If Howdy is not notified of a problem at the start of a reservation, you will be deemed to be responsible for any problem with the vehicle discovered or reported after your reservation, including, without limitation, damage to the vehicle or lack of cleanliness. You may be charged a damage fee, a cleaning fee, or other applicable fees, and Howdy may suspend or may even terminate your membership in lieu of such damages.
6.3 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, vehicle’s key, helmets or other starting device to the vehicle in its designated position in the vehicle at the conclusion of your trip/ride. You must advise Howdy immediately if you fail to leave the original documents mentioned hereinabove, key / starting device, parking pass, helmets or toll payment pass (if applicable in the vehicle.) and this causes inconvenience to Howdy or another Member, you will be charged the hourly rate for the vehicle until the original documents, key / starting device / parking pass / toll payment pass is returned safely to Howdy and you will remain responsible for the payment of charges against the usage of the vehicle during such period. You may also be charged a fee at Howdy’s sole discretion to replace any of the items missing from the vehicle.
6.4 The helmets provided during the ride should be maintained and carried in mint condition without causing any damage. Any damages/scratches/dents in the helmet would cause a replacement of the helmet and would be charged to the user according to the Fee policy.
6.5 The end of the trip is being confirmed by either: (a) specific completion of closing checklist at the end of trip; or (b) an SMS message to Howdy provided number to notify of such intent; or (c) by unwarranted breakdown / accident of the vehicle.
6.6 Reserving Member is responsible for all charges and costs incurred related to Howdy vehicle for the entire period of the reservation/usage by the member and until the vehicle is returned, secured, closed, locked and serviceable (all accessories off, key out of ignition and in proper place, toll payment pass and parking pass and other accessories in the vehicle) to its designated location. Howdy vehicles must be returned no later than the end time of the reservation (per designated time for Schedule Booking and a maximum of 24 hours for Quick Booking) and the Member scheduled trip / ride comes to an end automatically and will be governed as per the provisions of Clause 6.3 above if extension is sought.
6.7 Member is required to report to Howdy immediately any condition that impairs the driving functionality of the vehicle, such as poor driving feel or external or internal damage that renders the vehicle unsafe, including but not limited to, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors.
6.8 Notwithstanding anything contrary contained under this Member Agreement, any damage caused to vehicle / Howdy because of your willful misconduct or gross negligence, during such time when the vehicle is not in motion, will attract charges/ fees as per the sole discretion of Howdy, in addition to the right of Howdy to claim full indemnity of all damages, claims, costs and expenses from the Member.
6.9 Stolen vehicles or any accidental incidents must be immediately reported to Howdy and the nearest police station with a detailed written complaint based on actual facts. Member 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 Howdy. The Member will be solely liable without any demur, for any loss due to a discrepant, inconsistent or distorted complaint or information by the Member. Further, the Member expressly agrees and accepts that Howdy shall not in any manner be held liable for any such stolen vehicles or accidental incidents.
6.10 In the event that Howdy is unable to claim insurance for any reason, then the Member shall indemnify Howdy to the fullest extent in lieu of the loss or / and damage resulting directly or indirectly from such theft or accident.
6.11 You acknowledge and agree that riding a Howdy vehicle involves an inherent risk of personal injury and you undertake and assume this risk in entirety for yourself, any person riding with you as a pillion (whether or not such pillion is a Member) and any participant Member who may be riding the Howdy vehicle reserved by you in accordance with Section 3 of this Member Agreement.
6.12 You hereby agree hereby to release and discharge Howdy in perpetuity from and of any and all claims, demands, rights and causes of action of whatever kind or nature, arising from and by reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries (including without limitation to fatal injuries) and the consequences thereof, whether or not caused or contributed to in whole or in part by a defect in the vehicle or in any way connected with the vehicle.
6.13 Howdy expressly asserts that the liability of Howdy towards third-party claims arising out of, related with or incidental to this Agreement, shall be limited and subject to Section 13 of this Agreement.
6.14 Members expressly agrees and accepts that Howdy, shall not be held liable for any direct and indirect losses or / and damages which may arise from, be related with or incidental to the following without limitation:
• breach of the terms and conditions of the Member Agreement by the Member;
• breach of any applicable laws by the Member;
• the Member undertaking any activity specifically prohibited under Section 4 of the Member Agreement;
theft of the vehicle;
• accidents caused by the Member; and
• unauthorized use of the vehicle by the Member or use for any prohibited or restricted activities by the Member.7. Safety
7.1 Seat Belts and Child Restraints: Member is responsible for:
• Complying with all applicable speed limit and child restraint laws. It is being made crystal clear that Members must abide with the maximum speed / weight limit and any other instructions being displayed / communicated by the authorities through marks or sign boards in various locations of the trip;
• Protecting all children by properly using any child passenger restraint system that complies with all safety standards applicable in the jurisdiction where the trip is initiated and where Howdy vehicle is driven during such trip.
• In case of the vehicle being a scooter or motorbike, we provide helmets for your convenience but we strongly recommend that you carry your own helmets.
7.2 Howdy tracks usage of the vehicle by the customer via Global Positioning System devices and state of art technology devices. Howdy also equips the vehicles with immobilizer systems which can be activated remotely. You agree and accept that such tracking and systems are only a necessary and reasonable measure undertaken by Howdy in pursuance of the safety of its Members and its vehicles, and does not constitute an infringement on any of your rights including without limitation your right to privacy, data protection, movement, etc.8. Securing Howdy Vehicles
8.1 Each time Member parks a Howdy vehicle (either at the end of the reservation or during the reservation period), the Member is responsible for securing the vehicle from external factors including human or general known adverse weather conditions.
8.2 Howdy prescribes all its Members to take full responsibility of their belongings. In case any Member claims to have left back any luggage or any phones or personal music devices inadvertently in a Howdy vehicle after the Member completes his / her reservation, then Howdy shall endeavour to locate the lost belongings on a “best-effort” basis provided the Member notifies Howdy of the same within 60 (sixty) minutes of the successful return of such vehicle post completion / termination of the reservation, but Howdy shall not be held responsible for any loss or damage incurred by the Member in any such circumstances.9. Fees/Penalties and Eligible (Reimbursable) Expenses
9.1 The Services are subject to Howdy’s Fees/Penalty Policy available on the Platform. It entails the scenarios which covers all the fees including but not limited to rentals, excess kilometre riding charges, ride duration charges, late fees, late charges, extensions fees, penalties or fines by the regulatory authorities, if any etc.
9.2 An “Eligible Expense” is defined as;
• an expense incurred by the Member for minor (under INR 500 i.e. Indian Rupees One Thousand Only) routine maintenance on Howdy vehicles, such as tyre puncture in case of a bike, etc. or
• any expense in excess of INR 500 (Indian Rupees One Thousand Only) that is authorized in advance of reservation by a Howdy representative, via email or any document with the company seal of Howdy and signature.
9.3 If a Member pays for an eligible expense, he or she must keep the invoice which is subject to fuel test more particularly mentioned in the Fee Policy, which conspicuously captures the date and time showing that it was incurred during the reservation period. The invoice should also mention the bike number/registration number in favor of which the expense was actually incurred.
9.4 The Member must print his or her name on the receipt and give a physical original hard copy of the receipt to a Howdy vehicle attendant/send the photo of the bill via email to Howdy after his / her reservation.
9.5 Howdy will reimburse the Member or credit the Member’s account, post the verification of claim and corresponding invoices. No reimbursement or credit will be given without an invoice, or if the invoice is submitted later than 5 (five) days from the reservation date.10. Maintenance / Cleanliness
10.1 Howdy will perform all necessary and required routine maintenance of all its vehicles. However, Member is responsible for the cleanliness of the vehicle and is expected to assist in helping Howdy to maintain the riding safety and performance of the vehicle, in particular during longer reservations or when the vehicle indicates that service or maintenance is required.
10.2 Vehicle may require Roadside Assistance from time to time. Howdy makes reasonable best efforts to provide roadside assistance support at the earliest possible time in all cases. If, however, a Member’s need for roadside assistance results from a breach of these terms and conditions, then the Member may be charged for the full costs of the roadside assistance incurred including without limitation in costs incurred in furtherance of towing, repair and maintenance.
10.3 Use of tobacco, cigarettes, cigars, and alcohol is absolutely prohibited inside Howdy vehicles. Member is subject to additional fine if evidence of smoking, chewing, drinking or dipping is found inside or on Howdy vehicles to the satisfaction of Howdy or complained of by a Member using the vehicle immediately following the Member’s reservation.
10.4 Burning any substance is absolutely prohibited in or on Howdy vehicles. This includes, but is not limited to tobacco, other drugs, and incense.
10.5 Pets are absolutely prohibited in or on Howdy vehicles. Member is subject to penalties, if evidence of pets is found to the satisfaction of Howdy in Howdy vehicles or complained of by a Member using the vehicle immediately following the Member’s reservation.11. Breakdown or Incidents
11.1 All breakdowns or incidents involving Howdy vehicles must be reported to Howdy immediately by phone at 044-45042126 and via email on [email protected]
11.2 Breakdown and Roadside Assistance: While using a vehicle, you must follow the owner’s manual instructions, provided in the vehicle. If a problem arises that prevents or limits the use of the vehicle or that may compromise people’s safety, Member must immediately notify Howdy on the above-mentioned phone number / e-mail ID and follow Howdy’s instructions. Member may have to pay for towing, repairs, and other expenses in some circumstances as described in detailed under Section 9 hereinabove.
11.3 If you perform a jump start to Howdy vehicle, you must inform Howdy immediately (by phone or through the mobile app). You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any vehicle other than a Howdy vehicle.
11.4 The user/member is fully responsible for the bike/vehicle during the duration of the trip. In case of an incident involving property damage or any third party, the Member must fill out an official police report form and mandatorily provide a jointly agreed-upon statement, complete Howdy’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 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; and
• A police report is required regardless of liability or fault. Member shall specify in his / her detailed written complaint to the police the actual facts only. Member 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 Howdy. Any loss occasioned to Howdy due to a discrepant, inconsistent or distorted complaint by a Member shall be to the account of such Member.
11.5 Investigation and procedure:
Member must provide Howdy and any other claims adjustment service with the findings of any report or any notice relating to a claim or a lawsuit against Howdy regarding any incident involving a Howdy vehicle. Members agree and accept to cooperate fully with Howdy in the investigation and defence of any such claim or lawsuit. A Member’s accounts will be suspended until the investigation has been concluded.
11.6 The Member shall be responsible for the costs related to the repair, recovery, and loss of use of any Howdy vehicle resulting from any of the foregoing, up to the current damage fee, as set forth in the Fees/Penalty Policy (if such costs are because of the fault of the Member or if the fault is not directly established to any other person / entity, or where any cost is not paid / reimbursed by the insurer of Howdy vehicles or the insurer of the other vehicle involved in the accident).12. Traffic Violations
12.1 You are responsible for any traffic violations incurred due to your inappropriate use of a Howdy vehicle. This includes, but is not limited to: unauthorised parking, excess speeding, breaking red light, illegal u-turns, driving on the wrong side on a one way road, photo enforcement, toll violations, etc. You are solely liable for all costs imposed due to any such violation during the concurrence of your trip / ride / booking including fines for late payment and any processing fees added by the respective regulatory authority. You are liable for payment of all tolls and any fines for toll evasion. You must report such violations to a Howdy representative, as soon as possible, within the prescribed timeline for the violation (for example, if the case is being taken to court). Howdy will notify the Member immediately by email after it comes to know about any of such violation and Member shall forthwith pay the relevant fine/s to the authority concerned and provide Howdy with the proof of such payment, failing which Howdy will pay those amounts and Member shall reimburse the same to Howdy at earliest and in any case not later than 3 (three) working days from such payment. However, where Member has personal knowledge of such violations, Howdy will not be obligated to provide Member with the notification as above, but Member’s obligation to pay the relevant fine/s and notifying Howdy of such compliance and proof will continue as aforementioned.
12.2 You must notify Howdy of any traffic violation notices found on a vehicle at the time of vehicle pick up.
12.3 You must not leave a vehicle in a zone which has parking restrictions. If you leave the vehicle in such a restricted zone, you must immediately notify Howdy and you will be responsible for any and all violation notices or towing charges incurred by Howdy. Additionally, financial penalties will be levied against you for any inconvenience caused to other Howdy Member if the vehicle is unavailable for its Schedule Booking reservation because of such parking violations as set out in the Fees/Penalty Policy.13. Insurance and Liability
13.1 Member deductible obligation:
• If the Member is in full compliance with the terms and conditions of Howdy’s policies being mentioned at the Platform, then Howdy shall provide the Member with a primary third party liability protection, which protection shall be to the extent of claims / liabilities covered by Howdy’s vehicle insurer, on Howdy’s vehicles for any / all claims and / or liabilities arising during the use or operation of the vehicle by the Member(this feature is not available for Hero Electric Optima Li vehicles , as they do not require any registration/insurance). The Member will however be responsible for any associated deductible charges directly / indirectly personally attributable to the Member’s default or otherwise as per discretion of Howdy.
• If at any time it is determined that losses / claims mentioned hereinabove will exceed the insurance coverage taken by Howdy, then the Member will be responsible for any such excess claims / loss / damages.
13.2 Howdy is not responsible for any damage to, loss or theft of, any personal property belonging to a Member or co-passenger or third-parties, regardless of fault or negligence.
13.3 Liability protection applies only to claims of third-party bodily injury, death or property damage, other than to the vehicle, arising from the use of Howdy vehicle as permitted by this Member Agreement and as per applicable laws. Any such protection excludes any claim made by a Member or co-passenger or Member’s / co-passenger’s immediate family members who permanently live with the Member or is travelling with the Member at the time of incident. This obligation may be limited to the extent Howdy’s coverage applies Howdy shall not be liable to Member / co-passenger for any indirect, special, punitive, or consequential damages (including lost profits) arising from or related to Howdy vehicle, its use, or this Member Agreement.
13.4 Member including but not limited to his / her properties, legal heirs etc; (in case of his / her absence) indemnifies and holds Howdy, its parent company and affiliates and his / her respective directors, officers, employees, shareholders, agents, attorneys, assigns and successors-in-interest, harmless without demur for all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, business loss and other expenses incurred by Howdy (a “loss”) arising from: (1) the use or possession of Howdy vehicle by the Member and (2) the Member’s non-compliance with this Member Agreement.
13.5 Member including but not limited to his / her legal heirs / representatives / guardians shall have final responsibility to Howdy for all such losses.
13.6 This Member Agreement is intended for the benefit of the Members and Howdy and no other party may claim rights hereunder, whether as a third-party beneficiary or otherwise. Under no circumstances will Howdy be liable to any third-party for indirect, incidental, special, or consequential damages arising from or related to this Member Agreement or use of the member of the Howdy vehicles and availing of its Service.14. Data Protection
14.1 Howdy captures, stores, processes and uses the Member’s personal data, including, but not limited to, name, email id, internet protocol address, copy of driving license and any other additional address cum identity proof, image of the Member, the usage and vehicle data as they relate to the Member, to the extent this is necessary for the administration and implementation of this Member Agreement and the Member’s use of Howdy’s vehicle. Should third-party services be used, Howdy 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 the objectives of the Member Agreement.
14.2 Howdy is entitled to provide Member’s personal data to third-parties for the purposes of providing individualized offers and services.
14.4 Howdy shall be entitled to disclose information of the Member to Howdy’s parent company and to all companies controlled by Howdy 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 Howdy, in its absolute discretion.15. Limitation of Liability
15.1 We do not guarantee, represent or warrant in any manner that your use of our Services will be uninterrupted, timely, secure or error-free.
15.2 We do not warrant in any manner that the results that may be obtained from the use of the Services will be accurate or reliable or effective in nature. You understand and accept that the reliance on the Services is solely at your own judgment and risk, and you shall not hold Howdy liable for the same in any manner whatsoever. Our liability is limited to that provided in Clause 9 and Clause 13 of this Member’s Agreement.
15.3 You agree that, from time to time, we may suspend, modify, restrict or remove our Services for uncertain or indefinite periods of time or cancel the Services at any time without notice to you.
15.4 You expressly agree that your use of, or inability to use, the Services are at your sole risk. The Services delivered to you are (except as expressly stated by us) provided on an ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of the vehicle, quality, pricing, fitness for a particular purpose, durability, title and non-infringement.
15.5 You acknowledge that third-party links on our Platform or Services may direct you to third-party sites or pages or applications that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites or pages or applications, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or pages or applications, or for any other data, information, products or services of any third-parties.
15.6 We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, guarantees, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion; and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).16. Arbitration & Jurisdiction for Disputes
16.1 Any dispute, controversy or claims by or between, Howdy and the Member, hereto arising out of or relating to or in connection with terms and conditions of this Member Agreement or transactions contemplated on the Platform, or the breach, termination, validity of any term under this Member Agreement shall be finally settled by Arbitration, in accordance with the Indian Arbitration and Conciliation Act, 1996, as in force from time to time. There shall be a sole arbitrator, who shall be appointed by Howdy. Any arbitration proceedings or award rendered hereunder and the validity, effect and interpretation of this Member Agreement to arbitrate shall be governed by the Laws of India. The arbitration proceedings shall be conducted in Chennai, and the award shall be rendered in the English Language.
16.2 Subject to the arbitration clause, the Member irrevocably agree that the courts in Chennai shall have exclusive jurisdiction for the purpose of hearing and determining any litigation, suit, action or proceedings and / or to settle any disputes arising out of or in any way relating to this Member Agreement or its formation or validity and for the purpose of enforcement of any judgment against its property or assets. Should the services of Howdy expand to different states within the country, however, the ruling and exclusive jurisdiction would still remain exclusive to the decisions of the courtsin Chennai.
16.3 Nothing in this clause shall (or shall be construed so as to) limit the right of Howdy to initiate proceedings against any of its Members in accordance with mandates contained in the Civil Procedure Code, 1908.
16.4 Notwithstanding anything contained in the foregoing sub clauses, the jurisdiction in relation to criminal proceedings shall be governed in accordance with the provisions of the Indian Penal Code, 1860 and Code of Criminal Procedure, 1973.
16.5 The Member agrees to pay Howdy’s reasonable attorneys’ fees and costs in any legal proceeding relating to this Member Agreement, including appeals, where the respective court or forum pronounces the order in favour of Howdy.
16.6 The Member must not aid or encourage the filing of any third-party claim or lawsuit against Howdy, and the Member must cooperate fully with Howdy and Howdy’s insurer in the investigation and defence of any claim or lawsuit. In any proceeding involving the Member and Howdy as co-defendants should Howdy determine in its sole discretion that the Member’s independent attorney has not aligned his defence similar to that of Howdy, then Howdy shall be entitled to call upon the Member to change his attorney to one advised by Howdy and the Member shall accordingly change his attorney at his own cost.
16.7 Member must immediately notify and deliver to Howdy 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 Howdy vehicle.17. Severability and Integrated Agreement
17.1 If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Member Agreement had been executed with the invalid portion eliminated.
17.2 The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
17.3 This Member Agreement, together with the user guide, trip process, member application, Fees/Penalty policy Policy, and any applicable consent forms and the Policies, along with any amendments hereto, encompasses the entire agreement between the Member and Howdy, and supersedes all previous understandings and agreements between the Member and Howdy.
17.4 The Member acknowledges and represents that he or she has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Member Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Member Agreement.18. No Waiver
18.1 No term contained in this Member Agreement may be changed or waived, except in writing signed by an expressly authorized representative of Howdy. No waiver of default by Member / User, under any of the Terms or Conditions of this Member Agreement shall be construed as a waiver of any prior or subsequent default of any of the terms or conditions of this Member Agreement.19. Assignment or Transfer
19.1 The rights granted to the Member under this Member Agreement are not assignable or transferable, in whole or part. Any attempt to transfer this Member Agreement without the written consent of Howdy shall be void and of no force and effect. Howdy reserves the right and can at its absolute discretion can assign the rights and obligations under this Member Agreement (or any part thereof) to an affiliate or to another entity in connection with a corporate transaction, assignment process, any other commercial arrangement or otherwise.20. No Agency
20.1 Member will never be deemed to be Howdy’s agent or employee in any manner for any purpose whatsoever.21. Term & Termination
21.1 This Member Agreement shall continue to apply until terminated by either you or Howdy as set forth below. If you want to terminate this Member Agreement with Howdy, you may do so by: (i) not accessing the Platform; or (ii) closing your account for all of the Services that you use, where Howdy has made this option available to you.
21.2 You agree that Howdy may, in its sole discretion and without prior notice, terminate your access to the Platform and block your future access to the Platform if Howdy determines that you have violated the terms and conditions of this Member Agreement any other Policies of the Platform. You also agree that any violation by you of the Policies will cause irreparable harm to Howdy, for which monetary damages may be inadequate, and you consent to Howdy obtaining any injunctive or equitable relief that Howdy deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies which Howdy may have at law or in equity.
21.3 In addition to Clause 21.2 above, Howdy may, at any time, with or without notice, terminate these terms of the Member Agreement with you if:
• Howdy 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 Howdy is, in Howdy’s sole discretion, no longer commercially viable;
• Howdy has elected to discontinue, with or without reason, access to the Platform, the Services (or any part thereof); or
• In the event Howdy faces any unexpected technical issues or problems that prevent the Platform and / or Services from working.
21.4 Howdy 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:
• removal of access to all offerings within the Platform or with respect to the Services;
• disabling access to the account Information, including your personal information, login 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
• prohibiting further use of the Services.
21.5 You agree that all termination shall be made at Howdy’s sole discretion and that Howdy will not be liable to you or any third party for any termination of your account (and accompanying deletion of your account information), or your access to the Platform and Services.
21.6 Notwithstanding the foregoing, such terms of this Member Agreement/Terms & Conditions as are meant to survive termination / expiry of this Member Agreement, will survive indefinitely unless and until Howdy chooses to terminate them.22. Force Majeure
22.1 If performance of any Service or obligation under the terms and conditions of this Member Agreement or any other provisions of the policies of the Website, or other third parties in fulfillment of transaction (for e.g. home deliveries of vehicles, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable commercial control of Howdy or its third parties performing such services as sub-contractor to Howdy and could not have been prevented by reasonable precautions (each, a “Force Majeure Event”), then Howdy shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Howdy shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.23. Communications
23.1 When you use the Platform or send emails or other data, information or communication to Howdy, You agree and understand that you are communicating with Howdy through electronic records and you consent to receive communications via electronic records from Howdy periodically and as and when required.
23.2 Howdy will communicate with you by email or by notices on the Platform or electronic records on the Platform or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.24. Feedback and Information
24.1 You agree and accept that, any creative ideas, suggestions, proposals, plans, feedback or other materials, whether online by email, postal mail or otherwise (“Feedback”), You provide to Howdy shall be deemed to be non-confidential and further Howdy reserves the right to use such information without any restriction to edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you provide.
24.2 Howdy may, but shall have no obligation to, respond, monitor, edit or remove any Feedback appearing on the Platform that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or this Member Agreement.
24.3 Further, by submitting the Feedback, you represent and warrant that Your Feedback does not contain confidential or proprietary information of anybody including you and third parties. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or the Platform.
• You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and their accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
• Howdy is not under any obligation of confidentiality, express or implied, with respect to the Feedback;
• Howdy may have something similar to the Feedback already under consideration or in development; and
• You are not entitled to any compensation or reimbursement of any kind from Howdy for the Feedback under any circumstances.
24.4 For the sake of clarity, Howdy may at its discretion, make any modifications or changes to the Platform, the content therein and / or Services on the basis of such feedback, however Howdy shall not be obliged to do so. Further, in the event that Howdy makes any changes or modifications to the Platform, the content therein and / or Services on the basis of any such Feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Platform, the content therein and / or Services.
24.5 You expressly waive any and all rights in such changes or modifications to the Platform, the content therein and / or Services, and assign to Howdy, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Platform, the content therein and / or Services, in perpetuity.
24.6 You hereby waive all rights under applicable law in relation to any changes or modifications to the Platform, the content therein and / or Services.
24.7 You hereby accept that Howdy may periodically release Over the Air updates to the platform in order to improve the efficiency of services provided based on the feedback received.25. Contact Information
25.1 Questions about the Member’s Agreement should be sent to us at [email protected]