Platform Operator: Bviera Motocorp Private Limited
1. INTRODUCTION
These Terms and Conditions ("Terms") govern the access to and use of the website, mobile application, and services (collectively, the "Platform") operated by Bviera Motocorp Private Limited, a company incorporated under the laws of India, operating under the brand name "Skivo" (hereinafter referred to as the "Company").
By accessing, registering on, or using the Platform and/or Services, the User agrees to be legally bound by these Terms. If the User does not agree to these Terms, the User must not access or use the Platform or Services.
2. DEFINITIONS
Unless the context otherwise requires:
- "User" means any individual or entity who registers on the Platform and/or avails the Services.
- "Services" means the provision of electric vehicles on rental/subscription basis along with ancillary services.
- "Vehicle" means any electric vehicle provided through the Platform.
- "Booking" means a confirmed reservation of a Vehicle by a User.
- "Fees" means all charges payable by the User for availing the Services, including rentals, deposits, penalties, and other applicable charges.
- "Applicable Laws" means all laws, statutes, rules, regulations, and guidelines in force in India.
3. ELIGIBILITY AND REGISTRATION
3.1 The User must:
- Be at least 18 years of age or such higher age as may be prescribed under Applicable Laws;
- Possess a valid driving license issued by a competent authority;
- Provide accurate, complete, and verifiable identity and address documentation.
3.2 Registration on the Platform is subject to verification and approval by the Company. The Company reserves the right, at its sole discretion, to:
- Accept or reject any registration request;
- Suspend or terminate access at any time;
- Conduct background verification checks through third-party agencies.
3.3 Submission of documents shall be deemed consent by the User for verification and background checks.
4. NATURE OF SERVICES
4.1 The Company provides access to Vehicles on a rental or subscription basis.
4.2 The User acknowledges that:
- Vehicles may be owned by third-party asset owners;
- The Company operates, manages, and provides Vehicles to Users;
- The User's contractual relationship is solely with the Company.
4.3 The Company does not guarantee uninterrupted availability of Vehicles.
5. BOOKINGS AND FEES
5.1 All Bookings shall be made exclusively through the Platform.
5.2 The User shall:
- Not make bookings on behalf of third parties;
- Not transfer or assign Bookings to any other person.
5.3 Bookings are subject to:
- Availability of Vehicles;
- Confirmation by the Company.
5.4 The User agrees to pay all applicable Fees as determined by the Company from time to time.
5.5 The Company reserves the right to:
- Modify pricing, including dynamic or surge pricing;
- Cancel or reschedule Bookings due to operational constraints.
6. VEHICLE PICK-UP AND RETURN
6.1 The User shall:
- Collect the Vehicle from designated locations;
- Verify identity and complete required formalities prior to possession.
6.2 The User must inspect the Vehicle before use and immediately report any defects or damages. Failure to do so shall result in the Vehicle being deemed accepted in good condition.
6.3 The Vehicle must be returned:
- At the designated location;
- Within the agreed time period;
- In the same condition as received, reasonable wear and tear excepted.
6.4 Delayed return shall attract additional charges and penalties.
7. USER OBLIGATIONS AND RESTRICTIONS
7.1 The User shall:
- Operate the Vehicle in compliance with all Applicable Laws;
- Use the Vehicle only within permitted geographical limits;
- Exercise reasonable care and diligence.
7.2 The User shall not:
- Permit any third party to operate the Vehicle;
- Operate under the influence of alcohol, drugs, or intoxicants;
- Use the Vehicle for unlawful, commercial, racing, or hazardous activities;
- Tamper with, alter, or modify the Vehicle in any manner.
7.3 Any breach of this Clause shall constitute a material breach of these Terms.
8. RISK, LIABILITY AND RESPONSIBILITY
8.1 The User assumes full responsibility for the Vehicle from the time of possession until return.
8.2 The User shall be liable for:
- Any damage, loss, or theft of the Vehicle;
- Third-party damages or injuries arising from use of the Vehicle;
- All penalties, fines, and legal liabilities incurred during the period of use.
8.3 The Company shall have the right to recover:
- Repair and replacement costs;
- Loss of revenue due to downtime;
- Administrative and legal costs incurred.
9. ACCIDENTS AND INCIDENT REPORTING
9.1 The User must notify the Company immediately and no later than one (1) hour in the event of:
- Accidents;
- Breakdowns;
- Theft or loss.
9.2 The User shall:
- File a police complaint where required;
- Provide complete and accurate details of the incident;
- Cooperate with the Company and insurers.
9.3 Failure to comply shall result in full liability on the User.
10. INSURANCE
10.1 Vehicles may be covered under third-party insurance policies.
10.2 Such coverage:
- Is subject to the terms of the insurer;
- Does not cover all losses or damages.
10.3 The User shall be liable for:
- Deductibles;
- Any amount not covered under insurance.
11. PAYMENTS, CANCELLATION AND REFUNDS
11.1 All payments shall be made through approved payment modes.
11.2 Cancellation policies:
- Shall be governed by the Company's cancellation policy;
- May include minimum billing cycles.
11.3 Refunds:
- Shall be processed within 30–60 days;
- Are subject to applicable deductions.
12. DATA PRIVACY AND TRACKING
12.1 The Company may collect and process:
- Personal data;
- Location data;
- Usage data.
12.2 Vehicles are GPS-enabled and the User expressly consents to tracking for:
- Safety;
- Theft prevention;
- Operational purposes.
13. TERMINATION
13.1 The Company reserves the right to suspend or terminate access to the Platform without prior notice in the event of:
- Breach of these Terms;
- Misuse of Services;
- Violation of Applicable Laws.
14. INDEMNITY
The User agrees to indemnify and hold harmless the Company, its directors, employees, and agents against any losses, damages, claims, or expenses arising out of:
- Breach of these Terms;
- Negligence or misconduct;
- Violation of Applicable Laws.
15. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
- The Company's liability shall not exceed the total Fees paid by the User;
- The Company shall not be liable for indirect, incidental, or consequential damages.
16. FORCE MAJEURE
The Company shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to natural disasters, government actions, or disruptions in infrastructure.
17. GOVERNING LAW AND DISPUTE RESOLUTION
- These Terms shall be governed by the laws of India.
- Any dispute shall first be attempted to be resolved amicably within fifteen (15) days.
- Failing such resolution, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996
- The arbitration shall be conducted by a sole arbitrator.
- Seat and venue of arbitration: [Insert City].
- Language: English.
18. MISCELLANEOUS
These Terms constitute the entire agreement between the User and the Company.
The Company may amend these Terms at any time.
Continued use of the Platform constitutes acceptance of revised Terms.
If any provision is held invalid, the remaining provisions shall remain enforceable.