Terms and conditions:
1.These Terms of Use, together with our Privacy Policy, and Disclaimer and any other terms specifically referred to in any of those documents, constitute legally binding agreement (the “Agreement“) between You and Mudgaurd.com in relation to your use of this website and services (together, the “Platform“). By accepting the terms and conditions you will be legally bound to follow all the below mentioned terms and conditions during your relationship with Mudgaurd.com. Without your acceptance of the terms and conditions, Mudgaurd.com shall not be able to give on service any bike. If you disagree with any of the terms of this agreement, please refrain from servicing the bike.
2.These Conditions are intended to create binding rights and obligations between the User and the Company in accordance with the Indian Contract Act, 1872. The Company reserves the right to change the terms of these Conditions from time to time. No access to the Services will be permitted unless the Conditions are accepted in full. No User is entitled to accept only part of the Conditions. If a User does not agree to all the Conditions, such User may not use the Services. In the event that any Member fails to comply with any of the Conditions, the Company reserves the right, at its own discretion, to suspend or withdraw all Services to that User without notice.
3.User Information: The User who approaches the Company for exchanging the Vehicle agrees to provide any personal information requested by the Company. In particular, the User will be required to provide their first name, last name, age, title, valid telephone number, alternate telephone number, residential address, office address and email address. Use of the Vehicle and the Service of the Company is limited to those over the age of 18 years at the time of registration.
3.Accuracy of the Information: The User agrees and accepts that all of the information they provide to the Company before using the Service of the Company and at any other time shall be true, correct, complete and accurate in all respects.
4.Valid license: The User must possess a valid Motor Vehicle with Gear (MVWG) License in case of Motor Vehicles with Gear and Motor Vehicle without Gear (MVWOG) License in case of Motor Vehicles without Gear. The User shall submit a copy of the License to the Company. If any User’s license expires or is revoked, authorization to drive the Vehicle shall expire immediately.
5.Fuel Cost: Fuel costs are the User’s responsibility. The Company is not liable or responsible for the motorcycle fuel consumption and mileage.
6.The customer is not authorized to lend the two-wheeler to any person.
7.Mechanical failure/breakdown/cleanliness/maintenance during the ride: In case of a breakdown, the User has to immediately intimate the Company about the same and the location and kind of defect. The Company will send a mechanic or provide a necessary guidance to repair or rectify the fault so that you can get on with your ride as soon as possible. However, the Company is not assuring a definite timeline for repair, the same is depending on the location of the vehicle and kind of failure of the vehicle, availability of the mechanic, spare parts etc.
8.Tracking of the Vehicle: Each Vehicle will be tracked with a GPS tracker by the Company. The Company ensures that the privacy of the User is not compromised in any ways. The information regarding the tracking of the Vehicle shall only be shared with the relevant authorities in case of theft/accident/or any other incident which happens with the Vehicle.
9.The User is strongly advised to inspect the motorcycle before riding them for any physical or noticeable mechanical defects or flaw found on/in the motorcycle. The User has to bear all the cost of replacement pertaining to any damage to the vehicle loss of tools and spare parts kept in the vehicle. Any type of damage happened to the motorcycle during the ride should be intimated to the Company while returning the vehicle.
10.The User is solely responsible for the Vehicle while driving and any damage caused to it, and must bear the repair cost at the cost of the authorised service centre.
11.A stolen Vehicle must be immediately reported to the Company and the nearest police station with a detailed written complaint based on actual facts. The User 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 the Company. The Company shall provide all necessary assistance and the User shall provide complete co-operation to fulfil the formalities.
12.The User must immediately notify and deliver to the Company every summons, complaint, document, or notice of any kind received by User in any way relating to an accident, theft, or other circumstances related to the Vehicle.
13.If there is any damage to the vehicle, Mudgaurd.com can charge the amount equal to cost of the bike/cost of repairing the bike that is not covered by the Insurance Company and additionally loss of revenue if any to Mudgaurd.com. Till the damage payment the user bike will not be delivered.
14.Use of the Vehicle in any manner that causes excessive wear and tear to the vehicle parts is prohibited. The Company shall penalise the User if it is found that the hirer has caused excessive wear and tear to the vehicle.
15.The User will compensate the company for all damages caused to the Vehicle. In case of accidents to the Vehicle, the cost of towing the vehicle from the place of accident to the service station and all other Amounts that are not approved by the insurance company, which includes damage to the property of third party and third party have to be paid by the User.
16.If the accident or damage to the vehicle has been caused due to violation of any rules or riding requirements mentioned herein, then the User has to give the entire cost of repair of the vehicle, damages caused to third parties and compensation required to be aid to the victim.
17.Late fee: After completion of your bike service the Vehicle provided by mudgaurd.com must be returned no later than the end time of the delivery . If the User returns the bike after allotted delivery date he shall be charged rental as penalty. Late return would be charged at ₹300/day(Scooty), ₹400/day(Bikes) in addition to the daily fee for use of the vehicle.
18.In case of theft, the customer is liable to pay, in full, the market rate of the two-wheeler.
19.The User is responsible for complying with all applicable laws associated with driving the Vehicle, in particular, the Safety Standards in relation to Motor Vehicles in the jurisdiction where the trip is initiated and where the Vehicle is driven during such trip.
20.The User is solely responsible for any traffic violations incurred due to his/her use of a Vehicle given by the Company. This includes, but is not limited to parking, speeding, breaking red light, photo enforcement, violation of helmet wearing rules and toll violations. The User is responsible for communicating all such charges of traffic violations to the Company while submitting the Vehicle after the use, and the User is liable to pay all costs from any such violation, including fines for late payment and any processing fees added by the issuing municipality, to the respective authority in their personal capacity. The Company is not responsible to bear such costs incurred on the part of the User. The User is liable to pay all tolls and any fines for toll evasion.
21.The User shall forthwith pay the relevant fine/s to the authority concerned and provide the Company with the proof of such payment.
22.Service: Mudgaurd.com is only responsible for the spares changed by our service partner and not for other spares,spares changed only by customer instruction that may be OEM or not ,if any damage caused by our service partner to your bike that may be repaired.
23.Warranty:Warranty provided for each customer may be different,but only damages caused by its own will be covered and physical damages caused by user through accident or fall will not be covered.
This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties relating to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto. The customer read and understood the above terms and Agree to abide by it.