Terms & Conditions

REGISTRATION

Rider shall avail Services offered by Kontinuum Green Mobility Pvt Ltd only on completion of registration as a Rider either through its Website/ App (TriEV). All applications for registration shall satisfy the eligibility criteria and be supported by necessary documentation provided under ANNEXURE B. Satisfying the eligibility criteria required to become a Rider shall not automatically give an applicant the right to avail the Services. Acceptance of the registration is subject to approval by Kontinuum Green Mobility Pvt Ltd at its sole discretion. Kontinuum Green Mobility Pvt Ltd reserves the right to examine and verify the authenticity of the documentation provided by the Riders. By submitting the necessary documents through App, Website or in physical form, it is deemed that the Rider gave consent to conduct background check by our internal team or third party partners.

Bookings

All bookings to avail Services through the Website/App must be made solely by Rider. The Rider shall not make bookings on behalf of or for the benefit or any other person or corporate. Breach of this term shall constitute a material breach of these terms and conditions and the Rider shall be liable for all consequences arising from any and all acts and omissions of the actual Rider of the Vehicle/(s). Further, in the event the Rider contravenes the foregoing term, the Rider shall be liable to pay any penalty levied by Kontinuum Green Mobility Pvt Ltd in this regard, notwithstanding Kontinuum Green Mobility Pvt Ltd’s right to terminate the Rider’s registration. Bookings shall be processed by Kontinuum Green Mobility Pvt Ltd on a first-come first-serve basis. Kontinuum Green Mobility Pvt Ltd does not guarantee the availability of any particular Vehicle at any given time. The Rider shall pay such Fees as may be prescribed by Kontinuum Green Mobility Pvt Ltd from time to time, towards availing the Services. Any extension of the initial rental period of the Vehicle will be granted subject to availability of the concerned Vehicle.

Vehicle Pick-Up and Return

The pre-booked Vehicle shall be picked up by the Rider from the designated Kontinuum Green Mobility Pvt Ltd parking or any other destination as specified by Kontinuum Green Mobility Pvt Ltd, after verifying his/her identity and on completing the requisite paperwork. Booking time shall be calculated from the moment the Rider gains possession of the Vehicle. Prior to taking possession, it shall be the Rider's responsibility to inspect the Vehicle carefully. In the event of any damages or malfunction, the Rider should inform Kontinuum Green Mobility Pvt Ltd of the same immediately, failing which Kontinuum Green Mobility Pvt Ltd shall not be responsible for any consequences arising there from. At the end of the booking, the Rider shall return the Vehicle at such place as designated by Kontinuum Green Mobility Pvt Ltd from time to time or any such place as specified by the Rider while booking the Vehicle. It shall be the responsibility of the Rider to return the Vehicle in the same condition as it was received, normal wear and tear excepted and also return all documentation such as registration certificate, insurance certificate, etc. In case of damages and/or repairs to the Vehicle on account of the use by the Rider, the Rider shall bear all expenses in relation to the same. Kontinuum Green Mobility Pvt Ltd shall also be entitled to levy a penalty on every day that the Rider is in delay of returning of the Vehicle.

Rider Responsibility

From the time the Vehicle is picked up by the Rider, and until it is returned, all risks associated with such custody of the Vehicle shall be with such Rider and the Rider shall be responsible for securing the Vehicle from external factors including human or generally known adverse weather conditions.

Under no circumstances can the Rider allow a third party other than himself/herself to use the Vehicle that has been obtained by the Rider from Kontinuum Green Mobility Pvt Ltd.

The Rider shall use/operate the Vehicle in compliance with all Applicable Laws.

The Rider shall use/operate the Vehicle only within Designated Area specified under booking made.

The Rider shall comply with all safety standards and measures including but not limited to applicable speed limits, child restraint laws and any other instructions being displayed/ communicated by the concerned authorities through marks or sign boards in various locations where the Vehicle is driven by the Rider.

In the event of theft of the Vehicle or any component/part thereof, the Rider must report the incident to Kontinuum Green Mobility Pvt Ltd immediately and file a complaint at the nearest police station. The Rider will be held responsible for any discrepancy or misinformation if any in the filing of the complaint and appropriate action may be taken by the concerned authorities, legal or otherwise.

The Rider must ensure the safety of all equipment provided with Vehicle including but not limited to helmets, GPS navigation system of the Vehicle. In case any equipment is misplaced by the Rider, he/ she will be charged for the same at the discretion of Kontinuum Green Mobility Pvt Ltd.

The Riders shall undertake full responsibility of their belongings. In case any Rider claims to have left back any belongings inadvertently in a Vehicle after the completion of the booking, Kontinuum Green Mobility Pvt Ltd shall endeavor to locate the lost belongings on a "best-effort" basis provided the Rider notifies Kontinuum Green Mobility Pvt Ltd of the same within 90 (Ninety) minutes of the successful return of the Vehicle post completion of the booking. However, Kontinuum Green Mobility Pvt Ltd shall not be held responsible for such loss or damage to such belongings under any circumstances.

The Rider shall be responsible for keeping his/her any Kontinuum Green Mobility Pvt Ltd account related information, password and/or PIN numbers in strict confidence and to not make such passwords or PINs available to third parties. The Rider shall be solely responsible for any associated costs and/or damages in connection with any and all unauthorized use of such passwords and/PINs, by third parties. If the Rider has reason to believe that a third-party may have obtained a password and/or PIN in an unauthorized manner, the Rider shall intimate Kontinuum Green Mobility Pvt Ltd of the same and change the compromised password and/or PIN instantl

The above list is only indicative and not exhaustive. Kontinuum Green Mobility Pvt Ltd reserves the right at its sole discretion to identify any additional responsibilities to be complied with by Riders.

Reporting of Accidents, Damages and Vehicle Failure/Breakdowns

In the event of a Vehicle breakdown or failure, the Rider should inform Kontinuum Green Mobility Pvt Ltd of the same immediately. Subject to availability of alternative Vehicles, Kontinuum Green Mobility Pvt Ltd shall provide a replacement Vehicle to the Rider, if such failure or breakdown had not arisen on account of the Rider’s negligence and/or default. The Rider shall also have to bear the expenses of towing, repair and other costs if such failure or breakdown had arisen on account of the Rider’s negligence and/or default.

All accidents, and/or damages to the Vehicle, summons or notices issued by police, courts and other authorities in relation to incidents and/or acts concerning the Vehicle while it was under the custody of the Rider shall be intimated to Kontinuum Green Mobility Pvt Ltd without any undue delay within one hour of such incident. The Rider shall also report in writing, the entire events in detail regarding such accident/incident. In case of an incident involving property damage to the person or property of any third party, arising out of the use of a Vehicle by a Rider, such Rider must file an official police complaint and, mandatorily provide a jointly agreed-upon statement, and complete Kontinuum Green Mobility Pvt Ltd’s incident report form, and cooperate with Kontinuum Green Mobility Pvt Ltd in obtaining the following information:

(a) Date, time, and place of incident;

(b) 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);

(d) The name, address, and driver's license number of the owner of the vehicle (if he or she is not the driver);

(e) The name, addresses, and phone number of witnesses, passengers, and any other involved persons;

(f) Circumstances of the incident describing immediate surrounding environment and vehicle position prior to the incident; and The Rider shall be liable to indemnify Kontinuum Green Mobility Pvt Ltd for any loss/injury sustained by it on account of the Rider’s discrepant, inconsistent or distorted complaint.

Investigation of Accidents

The Rider shall cooperate with Kontinuum Green Mobility Pvt Ltd and any other claims adjustment service in order to obtain findings in relation to any incident/accident involving Kontinuum Green Mobility Pvt Ltd’s Vehicle during the course of its use by the Rider. The Rider shall cooperate fully with Kontinuum Green Mobility Pvt Ltd in the investigation and defence of any claims or lawsuit by or against Kontinuum Green Mobility Pvt Ltd. The Rider's Kontinuum Green Mobility Pvt Ltd accounts may be suspended until such investigation has been concluded. In case of any accidents/damages, the liabilities with regard to any out of court settlement initiated or accomplished by the Rider with third parties without prior written consent of Kontinuum Green Mobility Pvt Ltd will be solely borne by such Rider. In case of any damage to the Vehicle during the course of its use by the Rider, Kontinuum Green Mobility Pvt Ltd shall be entitled to charge an amount equal to cost of repairing the Vehicle, to the extent that is not covered by Kontinuum Green Mobility Pvt Ltd’s insurers and additionally, the loss of revenue, if any to Kontinuum Green Mobility Pvt Ltd, as a result thereof. If any accident or damage to the Vehicle is caused due to violation of the terms and conditions contained herein or the Applicable Laws, the Rider has to bear the entire cost of repair of the Vehicle, damages caused to third parties and compensation required to be paid to the victim.

Insurance and Liability

In the event the Rider is in full compliance with the terms and conditions of Kontinuum Green Mobility Pvt Ltd’s policies, Kontinuum Green Mobility Pvt Ltd shall provide primary third-party liability protection, to the extent of claims / liabilities covered by Kontinuum Green Mobility Pvt Ltd’s insurers on its Vehicles for any/ all claims and/or liabilities arising during the use or operation of the Vehicle by the Rider. The Rider shall be responsible for any associated deductible charges directly/indirectly personally attributable to the Rider’s default or otherwise as per the sole discretion of Kontinuum Green Mobility Pvt Ltd. In the event it is determined that losses/claims mentioned hereinabove exceed the insurance coverage obtained by Kontinuum Green Mobility Pvt Ltd, the Rider will be liable for any such excess claims/ losses/ damages. Kontinuum Green Mobility Pvt Ltd is not responsible for any damage to, loss or theft of, any personal property belonging to the Rider, his/her co-passenger or third parties, under any circumstances. The liability protection hereunder applies only to claims of third-party in respect of bodily injury, death or property damage, other than to the vehicle, arising from the use of Kontinuum Green Mobility Pvt Ltd’s vehicle as stipulated under these terms and conditions and the Applicable Laws. The benefits extended under these terms shall be limited to the extent Kontinuum Green Mobility Pvt Ltd’s insurance coverage applies. Kontinuum Green Mobility Pvt Ltd shall not be liable to the Rider, his/her co-passenger for any indirect, special, punitive, or consequential damages (including lost profits) arising from or related to Kontinuum Green Mobility Pvt Ltd’s Vehicle, its use, or these terms and conditions.

Cancellation of Bookings, Refund and Reimbursements

All bookings made through the Website/App shall be cancelled through the same. The Rider may also cancel bookings by calling Kontinuum Green Mobility Pvt Ltd’s helpline number and any cancellation communicated in this manner shall be valid, subject to the Rider identifying himself/herself and providing adequate details regarding the booking. On verification of the Rider’s identity and booking details, and confirmation of the Rider’s request to cancel the booking, the Rider shall be intimated of the cancellation in such mode and manner as may be prescribed under Kontinuum Green Mobility Pvt Ltd’s Cancellation, Refund and Reimbursement Policy. Reimbursements on any cancellations are non-refundable. There shall be no reimbursements for expenses borne by the Rider without the prior consent of Kontinuum Green Mobility Pvt Ltd.

PROHIBITED USE

Vehicles shall be used exclusively by the Riders for their use only. Riders shall not allow/authorize any other person/(s) to use or operate the Vehicles or act as a custodian thereof.

Vehicles cannot be used beyond the Designated Area. The Rider must ensure that the number of passengers in the Vehicle does not exceed the seating capacity of the Vehicle.

Vehicles cannot be used for races, exhibitions and/or any contests and/or performance of stunts.

Vehicles cannot be used for towing, pushing and/or propelling other vehicles or objects. Vehicles shall not be used in a manner as to cause excessive wear and tear or damages to the same.

Vehicles cannot be used in/ in connection with any anti-social or criminal activities. Vehicles cannot be used by any Rider for any activity which is deemed illegal under the Applicable Laws.

Vehicles cannot be used in violation of Applicable Laws including but not limited to traffic laws, rules and regulations.

Vehicles shall not be used/ operated by Riders under the influence of any intoxicants or mind-altering substances.

The Riders shall not attach any external fixtures or fittings to the Vehicle nor tamper with the Vehicle in any manner whatsoever including but not limited to tampering of Kontinuum Green Mobility Pvt Ltd’s branding on the Vehicle and its parts.

Riders are prohibited from carrying the following items on the Vehicles: (i) Weapons or any sharp or inflammable objects which may cause damage to the Vehicle or endanger human life; (ii) Any item/object whose possession has been deemed illegal as per Indian Law; (iii) Any item or object which compromises the stability, safety or performance of the Vehicle and/or the passengers.

Kontinuum Green Mobility Pvt Ltd explicitly prohibits using/sharing of Vehicle with minor/children. Vehicles shall be used exclusively by the Riders for their personal use only. Riders shall not allow/authorize any other person/(s) to use or operate the Vehicles or act as a custodian thereof including but not limited to minors under the Laws of India. In case of any breach/violation of this clause appropriate legal action including civil or criminal action can be taken at the sole discretion of Kontinuum Green Mobility Pvt Ltd against said Rider and against minor found using Vehicle.

The above list is only indicative and not exhaustive. Kontinuum Green Mobility Pvt Ltd reserves the right at its sole discretion to identify any activity/ use as inappropriate and prohibited. Any unreasonable, unwarranted, illegal, unethical or inappropriate use of a Vehicle except as expressly permitted hereunder, and as determined appropriate by Kontinuum Green Mobility Pvt Ltd in its sole discretion, shall be deemed a material breach of these terms and conditions. The Riders shall be solely responsible for any unfortunate consequences (including but not limited to penalties, damages, losses, injuries to self and third parties) arising from the use of the Vehicles and Kontinuum Green Mobility Pvt Ltd in no manner whatsoever shall be responsible for the same. Without prejudice to its rights, claims and contentions under the law and equity, Kontinuum Green Mobility Pvt Ltd reserves to terminate/suspend the Riders’ registration and/or withdraw Services rendered to the Rider and/or levy a penalty, in the event Riders indulge in using/operating the Vehicles in a manner prohibited by Kontinuum Green Mobility Pvt Ltd.

REPRESENTATIONS AND WARRANTIES

The Rider hereby represents, warrants and covenants that all information provided by it is true and correct and that no misrepresentations or misleading statements have been made. The Rider further represents, warrants and covenants that it satisfies the eligibility criteria set out under ANNEXURE B, has all requisite competence, power and authority to accept these terms and conditions and to perform its obligations hereunder and it will perform its obligations and fulfill its responsibilities under these terms and conditions in a manner that complies with Applicable Laws.

CANCELLATION AND TERMINATION OF REGISTRATION

The Rider’s registration with Kontinuum Green Mobility Pvt Ltd shall be valid and subsisting unless specifically cancelled/terminated by Kontinuum Green Mobility Pvt Ltd. without prejudice to its rights, remedies and contentions under the Applicable Laws. Kontinuum Green Mobility Pvt Ltd reserves the right to cancel/terminate the Rider’s registration on account of any breach of the provisions of these terms and conditions, if the any of representations and warranties made by the Rider are found to be false and on account of violation of the Applicable Laws. Kontinuum Green Mobility Pvt Ltd at its sole discretion may allow the Rider to rectify its breach within such period of time as may be prescribed by Kontinuum Green Mobility Pvt Ltd, however, the same shall not be construed as a waiver of any rights, claims and contentions, Kontinuum Green Mobility Pvt Ltd may have under the law and equity.

INDEMNITY AND LIMITATION OF LIABILITY

The Rider shall indemnify, keep indemnified and hold Kontinuum Green Mobility Pvt Ltd harmless and its directors, officers, employees, agents and representatives from and against any action, suits, complaints, proceedings, damages, losses, costs, expenses (including reasonable attorney's fees and court costs), fines, penalties, claims, counterclaims, actions or liabilities incurred or suffered by Kontinuum Green Mobility Pvt Ltd and/or of its directors, officers, employees agents and representatives in any manner as a result of (a) any breach by the Rider, of the terms and conditions set forth herein, of any of its representations or warranties or obligations as set forth hereunder; and (b) any act or omission of the Rider that results in personal injury (or death) or tangible or intangible property damage (including loss of use) to any third-party. The Rider hereby acknowledges that under no circumstances shall Kontinuum Green Mobility Pvt Ltd be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from (i) the provision of the Services, or (ii) the Rider’s use of or inability to use, the Services. The total liability of Kontinuum Green Mobility Pvt Ltd under these terms and conditions shall in no event exceed the total Fees paid by the Rider in relation to the Services.

FORCE MAJEURE

If the compliance of its obligations under these terms and conditions by either Party is delayed, prevented, restricted or interfered with by reason of Force Majeure, then the Party so affected, upon giving prompt written notice to the other Party, shall not be liable for non-performance of such obligations.

PRIVACY AND DATA PROTECTION

Kontinuum Green Mobility Pvt Ltd respects privacy of its Riders. The Rider however agrees that the Personal Information of the Rider may be used by Kontinuum Green Mobility Pvt Ltd or be shared with a third party (i) in the event of any mandatory legal or statutory disclosures, (ii) for reporting of incidents/accidents to hospitals, friends and family of the Rider, police and governmental authorities(iii) to render support in case of an accident or hospitalization, for coordinating with locals, police, social workers, mechanics, hospital, relatives or friends of the Rider, as necessary to get support in such cases,(iv) for promotional purposes, and (v) to analyze the Rider’s patterns for providing a better Rider experience and business offerings. In order to avoid theft of the Vehicles, Kontinuum Green Mobility Pvt Ltd obtains the location of each and every Vehicle that is in the field. Please note that in this process Kontinuum Green Mobility Pvt Ltd would be able to identify the Rider’s location in a given point of time. Kontinuum Green Mobility Pvt Ltd also reserves the right store, process and uses the Rider’s Personal Information, to the extent this is necessary for the administration and implementation of these terms and conditions and the Rider’s use of the Vehicles. Should third-party services be used, Kontinuum Green Mobility Pvt Ltd may forward to the third-party service provider the Rider’s Personal Information, to the extent this is required to fulfill the objectives of such services. Kontinuum Green Mobility Pvt Ltd may provide the Rider’s Personal Information to third-parties for the purposes of providing individualized offers, Services, enhancing business operations, improving Rider’s total experience and providing any other customized information to Riders. The Rider shall be entitled to object to the sharing of his/ her data and request for complete deletion for his/ her data from Kontinuum Green Mobility Pvt Ltd’s database, provided that under such circumstances Kontinuum Green Mobility Pvt Ltd shall have the option to terminate the Rider’s registration with it and delete the Rider’s account.

GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by the laws of India. Subject to Clause XI, in the event of any dispute between the Parties in relation to these terms and conditions, the courts in Gautam Buddh Nagar shall have exclusive jurisdiction.

DISPUTE RESOLUTION

In the event of any dispute between the Parties, the Parties shall first attempt to resolve the dispute amicably within 15 (fifteen) days of raising a notice of dispute on the other Party. In the event the amicable resolution of dispute fails, the Parties shall refer the same to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration panel shall comprise of a sole arbitrator to be mutually agreed upon by the Parties. The venue of arbitration shall be Gautam Buddh Nagar and the language of arbitration shall be English.

MISCELLANEOUS

The rights and obligations of the Rider under these terms and conditions are not assignable or transferable, in whole or part. Any attempt to transfer the same without the written consent of Kontinuum Green Mobility Pvt Ltd shall be void and of no force and effect. Kontinuum Green Mobility Pvt Ltd reserves the right at its sole and absolute discretion to assign the rights and obligations under these terms and conditions to an affiliate or to another entity in connection with a corporate transaction or otherwise. If any clause or provision of these terms and conditions, or the application of such clause or provision, is held invalid by a court of competent jurisdiction, the remainder of these terms and conditions, and the application of such clause or provision to persons, or circumstances other than those with respect to which it is held invalid shall not be affected. Waiver by Kontinuum Green Mobility Pvt Ltd of any term or condition of these terms and conditions at any one instance shall not be deemed or construed to be a continuing waiver of such term or condition for the future or any subsequent breach thereof. Nothing in this these terms and conditions will be deemed to either constitute a partnership or agency between the Parties for any purpose. Kontinuum Green Mobility Pvt Ltd shall render all the Services as an independent contractor. It is intended that the obligations under these terms and conditions shall always be maintained and performed on an arm’s length basis.

ANNEXURE A- DEFINITIONS

In these terms and conditions, unless repugnant to the context thereof, the following terms shall have the meaning ascribed to them hereunder:

“App/Application” shall mean Kontinuum Green Mobility Pvt Ltd’s software application available on iOS and Android operating systems.

“Applicable Law” includes all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders, requirement or other governmental restrictions or any similar form of decision of, or determination by, or any interpretation, policy or administration of, any government, statutory authority, tribunal, board, court having jurisdiction over the matter in question in India..

“Kontinuum Green Mobility Pvt Ltd” shall mean Kontinuum Green Mobility Pvt Ltd, a company incorporated in India and having its office at Ground Floor, A-25, Sector 63 Noida 201301

“Cancellation, Refund and Reimbursement Policy” shall mean the policy formulated by Kontinuum Green Mobility Pvt Ltd from time to time regulating the terms of cancellation of bookings, refund and reimbursements of monies to the Riders..

“Fees” shall mean the fees to be paid by the Rider including any refundable security deposit towards availing the Services, as may be determined by Kontinuum Green Mobility Pvt Ltd in its sole discretion, from time to time..

“Force Majeure” shall mean and include fire, flood, earthquake, elements of nature, epidemics or quarantine restrictions or acts of God or terror; riots, civil disorders, rebellions, or revolutions in any country; strikes, lockouts, or any other similar cause beyond the reasonable control of a Party, not reasonably foreseeable, not caused by acts or omissions of the Party affected and that could not have been avoided through a work around plan which prevent the Party from discharging its obligations under these terms and conditions..

“Personal Information” shall mean the name, address, contact numbers, email id, gender, age, driving license details, address proof, identity proofs, device location, internet protocol address and other data shared by the Rider with Kontinuum Green Mobility Pvt Ltd..

“Services” shall mean the various types of vehicle rental and ancillary services provided by Kontinuum Green Mobility Pvt Ltd..

“Rider” in the case of a legal natural person shall mean the individual who registers with, avails the Services of and uses/operates the Vehicles of Kontinuum Green Mobility Pvt Ltd; and in the case of a body corporate shall mean the body corporate which registers with and avails the Services of Kontinuum Green Mobility Pvt Ltd and all legal natural persons who use/operate the Vehicles of Kontinuum Green Mobility Pvt Ltd..

“Vehicle” shall mean all vehicles used for the purposes of rendering the Services owned/ under the control and possession of Kontinuum Green Mobility Pvt Ltd..

“Website” shall mean www.triev.in.

In these terms and conditions, unless the context otherwise requires:

a reference to a ‘Clause’ or ‘Annexure’ is a reference to a clause of or annexure to these terms and conditions;

a reference to these terms and conditions is a reference to these terms and conditions as amended, novated, supplemented, varied or replaced from time to time, except to the extent prohibited by these terms and conditions;

where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

the singular includes the plural and conversely;

a gender includes all genders;

a reference to conduct includes any omission and any statement or undertaking, whether or not in writing;

mentioning anything after the word ‘include’, ‘includes’ or ‘including’ does not limit what else might be included; and

The headings and titles in these terms and conditions are indicative and shall not be deemed part of these terms and conditions or taken into consideration in the construction of these terms and conditions.

ANNEXURE B- ELIGILIBILTY CRITERIA AND SUPPORTING DOCUMENTS

Eligibility Criteria:

Riders must be above the age of 18 (21 years of age in respect of certain categories of Vehicles)

Riders must possess a valid driver’s license issued by the Government of India to operate the Vehicle, unless otherwise specified under the type of vehicle’s rental guidelines.

Riders must possess sufficient identity, age and address proof

Supporting Documents:

Proof of Identity

Proof of Age

Proof of Permanent Address

A valid Driver’s License to operate the Registered Vehicle

Recent colour photographs

Police/ Office Verification

Terms & Conditions

This website uses cookies.