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Tilt

Terms of Service

These Terms of Service govern your access and use of the various services we provide. Please read them carefully. We are grateful you’re here.

1. GENERAL

This Agreement creates binding legal obligations on you. If you do not agree to any of the terms of this Agreement, please do not access the Platforms, use any of the services offered through the Platforms or register an account for such services.

1.1 These terms and conditions constitute the agreement (“Agreement”) between you (“User”) and Feynman Technology Pvt. Ltd. and our affiliates (“we,” “us,” or “Tilt”) regarding your use of our Tilt shared bicycle service (“Service”) in India, and applies to our website https://tilt.bike (“Website”) and to the Tilt application for mobile devices (“Tilt App”) using operating systems such as iOS, Android, and/or Windows Mobile or running in browsers of such operating systems (the Website and the Tilt App are collectively called the “Platform”).

1.2 Your use of the Service is subject to this Agreement, our privacy policy (“Privacy Policy”) and bicycle usage rules (“Usage Policy”), which are located on the Platform. You agree to accept our Usage Policy and Privacy Policy which constitute integral parts of this Agreement.

1.3 We reserve the right to modify the terms of this Agreement at any time. Such changes will become effective when we post the modified Agreement on the Platform. Each time you use the Platform or the Service, the then-current version of this Agreement will apply. If you use the Platform or the Service after a modification of this Agreement, you agree to be bound by the terms of this current version of the Agreement as modified.

1.4 This Agreement contains important information regarding your rights with respect to the Platform and the Service, including your relationship with us. Please read this Agreement carefully, and review this Agreement regularly.

2. USER QUALIFICATION

You warrant and represent that:

  1. you are aged 18 years or over; and have the requisite mental and legal capacity to enter into this Agreement and use the Services.
  2. any information you submit to us when using the Service is accurate, complete, and current; and
  3. your use of the Service does not violate any applicable law or regulation.

3. USER REGISTRATION

3.1 You shall register with the Platform through mobile phone verification or other procedure to become a registered user on the Platform. You acknowledge and agree that the information you provide during the user registration process is accurate and complete, and you shall promptly notify us of any changes to the information.

3.2 The user account (“Account”) you create following the registration process shall be personal to you. You may not transfer your Account to anyone else, nor permit or assist others to use the Service through your Account, except for those individuals or businesses that have been expressly authorized by us to create accounts on behalf of their employers or customers.

3.3 After successfully completing the User registration process, you may start using the Service through the Platform in accordance with this Agreement.

3.4 We reserve the right to suspend, deny or revoke your access to your Account, the Platform and/or the Service at any time and at our sole discretion. If you are suspended, or have been denied or had your access revoked you may lodge a User complaint in accordance with the procedures set out in this Agreement.

4. ACCOUNT SECURITY

4.1 You are responsible for the security of your Account including login information and password(s). Please ensure that you log out at the end of each session when using the Website and leave the Platform following the correct steps. If you disclose your Account information to any third party you will solely be responsible for any losses and consequences of such acts.

4.2 Subject to Clause 9.1 of this Agreement, you shall be solely responsible for all the actions and results carried out under your Account, including, but not limited to, using Tilt bicycles (“Tilt Bicycles”), returning Tilt Bicycles, releasing information, disclosing information, opening your address book, etc., whether the actions and results have caused any damage to yourself, to us or to any third party.

4.3 You must notify us via the Platform immediately you become aware of any unauthorized use of your Account, or other situation that may cause theft or loss of your Account. Upon notice of unauthorized use we will temporarily lock your Account, but you acknowledge that doing so takes a reasonable amount of time, and it will not be immediate.

4.4 Your Account may only be used by you and may not be shared with any other person. You agree:

  1. to keep your Account details private at all times;
  2. to keep the login verification code to your Account safe and confidential;
  3. not to transfer any part of your Account (e.g., address book, etc.) to anyone else; and
  4. to comply with all applicable laws and the terms and conditions in this Agreement in connection with your Account.

4.5 You shall be responsible for all actions and transactions made through your Account unless you have closed it, or reported any misuse of your Account to us via the Platform.

4.6 We attach great importance to the protection of your personal information and information of other users. If you come into contact with any personal information or documents of any other user through your use of the Platform or communication with other users, you shall keep such information confidential and will not in any way disclose such to any other party.

5. USING THE SERVICE

5.1 Using Tilt Bicycles:

  1. After registrations, users should use our app, website or smart card to access our service. By clicking ‘UNLOCK’ in the App users can scan the QR code on the dock and the lock will be automatically released.
  2. Before you use Tilt Bicycle, you must carefully inspect it for any damage, including, but not limited to, brake effectiveness, tire integrity, proper attachment of the seat and pedals, handlebar flexibility, damages to the body or frame and other mechanical problem(s) or maintenance need(s).
  3. You may not ride a Tilt Bicycle if you notice any mechanical or other problem or safety issue with it; and, in such case, you must promptly notify Tilt of any problem or issue with the Bicycle via the Tilt App or customer service email: support@tilt.bike.
  4. Subject to Clause 10.1 of this Agreement, if you proceed to use a Tilt Bicycle in the below mentioned circumstances, you will be solely responsible, and we will not be responsible for any damage or injury to your body or property or the body or property of any third party arising from the use of such Tilt Bicycle:
    • you have been advised or otherwise informed;
    • it is visually apparent and/or
    • your inspection indicates, that such Tilt Bicycle is damaged, defective or otherwise unsuitable to be used or ridden
  5. You must use the Tilt Bicycle in a reasonable, considerate and lawful manner. You may not damage it or restrict other users from using it, including, but not limited to, damaging, vandalizing, extinguishing or concealing the Tilt Bicycle, installing personal locks or other conduct that prevents use of the Tilt Bicycle by others. You must not lock or otherwise secure the Tilt Bicycle to any other object or property aside from Tilt Docks (“Tilt Dock”), or leave it obstructing any public or private road or pathway.
  6. You must return the Tilt Bicycle in the same condition in which it was rented. If the Tilt Bicycle is returned damaged or in a state of disrepair, then you will be charged a fee that is equal to the cost of repair.
  7. You will not hire out a Tilt Bicycle to anyone else, nor will you use a Tilt bicycle for conducting any business activity (such as for fast food delivery).
  8. You must abide by all the rules, regulations and laws relating to road transport, national highways and other transportation as formulated by India’s Ministry of Road Transport and Highways. You must observe all traffic signs and signals, and comply with all other local laws and ordinances affecting the use of the Tilt Bicycle. You acknowledge and agree that it is your sole responsibility to wear a suitable cycle helmet and other safety gear. You will be solely and completely responsible for any damage to us or any third party resulting from your violation of such rules.
  9. After each use of a Tilt Bicycle, you can end a trip by returning the Bicycle to a Tilt Dock and inserting the shaft on the Bicycle into the Dock (until the Dock indicates that the cycle is successfully locked) thereby terminating your use of the Tilt Bicycle, ending the fee meter and paying the relevant fees.
  10. You must park the Tilt Bicycle in a safe location where bicycle parking is permitted in accordance with the local traffic rules. If there is any damage to the Tilt Bicycle, confiscation or government fines resulting from your improper parking of a Tilt Bicycle, you will be held solely responsible for this and you will be liable to be charged for any fines or penalties incurred by us.
  11. You understand and agree that, for the benefit of you and other users, you may only use a Tilt Bicycle in the town or city where you find it. You agree that you will not move any Tilt Bicycle outside such town or city precinct. If you do so then you will be charged the relocation fee.
  12. The data generated by the Platform is conclusive evidence of the period of your use of a Tilt Bicycle. Your use of any Tilt Bicycle is limited to a period of 12 consecutive hours. Any use that exceeds a period of 12 consecutive hours is deemed a disappearance of the Tilt Bicycle until the Tilt Bicycle is checked back in. If a Tilt Bicycle is not returned and checked in within a period of 24 consecutive hours, then the Tilt Bicycle is deemed lost or stolen and your Account may be charged a lost bicycle fee of up to INR 25,000, and a police report may be filed with local authorities. If a Tilt Bicycle is lost or stolen while you are using it, you must notify us within 2 hours following the disappearance via the Platform and also cooperate with Tilt in filing a formal police report with the local police.
  13. In addition to, and not intended to limit, any other restrictions in connection with your use of a Tilt Bicycle, you shall:
    1. Limit weight of the basket to 2.5kg;
    2. Not use any cellular telephone, tablet, laptop, text messaging device, portable music player, or other device that may distract you from safely operating a Tilt Bicycle;
    3. Not operate a Tilt Bicycle while under the influence of any alcohol, drugs, medication, or other substance that may impair your ability to safely operate a Tilt Bicycle;
    4. Not use the Bicycle for racing or stunt or trick-riding;
    5. Not carry, tow, or otherwise transport a second person (including a child or pet) using a Tilt Bicycle or in the basket;
    6. Not modify, dismantle, write on, attach accessories to or otherwise alter or deface a Tilt Bicycle or any part of a Tilt Bicycle in any way, or use a Tilt Bicycle for any advertising or similar commercial purpose;
    7. Not attach anything to a Tilt Bicycle, including but not limited to baskets, cup-holders, electric drives, child seats, trailers or tandem bicycles;
    8. Not exceed the maximum weight limit for the Tilt Bicycle (100 kilograms);
    9. Not operate a Tilt Bicycle in poor or dangerous weather or road conditions, including snow, hail, ice, sleet, freezing rain, or electrical storms, which could make it more dangerous to a Tilt Bicycle;
    10. Not allow others to use a Tilt Bicycle that you have checked out.
    11. In connection with your use of any Tilt Bicycle and the Platform, you represent and warrant, as of each time immediately before using any Tilt Bicycle that:
      • You are a safe and competent cyclist, you are sufficiently fit and physically capable to safely ride a bicycle without any risk to your health;
      • You are knowledgeable about the operation of a bicycle, and you comply at all times with the all Indian Laws that apply to the operation of bicycles on Indian roads and highways;
      • Tilt is not responsible for providing or maintaining bicycle lanes or any other place where you may ride a Tilt Bicycle. It is your responsibility to judge the local conditions and road conditions are safe to ride a bicycle.
      • You acknowledge that roads, cycle lanes, and cycle routes may become dangerous due to weather, traffic, or other hazards and you must not use a Tilt Bicycle for racing, riding off road, or any other use, besides safe operation on public or private roads or property and designated cycle routes;
      • You acknowledge that Tilt does not guarantee that any Tilt Bicycle will be available at the time and in the place you wish to use one, especially at times of high demand;
      • Tilt provides Tilt Bicycles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Tilt Bicycles on their own and who have agreed to all of the terms of this Agreement.

6. CHARGES AND PAYMENT

6.1 The charges for the use of the Service are as displayed on the Tilt App from time to time.

6.2 If you have received a coupon for Tilt Bicycles, you may use the coupon in accordance with the user rules provided on such coupon.

6.3 For your convenience, we provide you with several payment options as and when each becomes available in your area:

  • You may make a deposit into your account via the Platform which will be displayed as Tilt Credits (“Tilt Credits”) and replenish your account using certain payment services offered via the Platform. Your account will be debited for your use of Tilt Bicycles. When there is insufficient balance on your account, you will be allowed to use the bicycles again only when your account is replenished.
  • Please note that you may not withdraw money from your account under any circumstances. There are no refunds of any amount in your account balance once deposited.

6.4 In the event that you dispute any charge on your credit or debit card or to your Account, then you should contact us at support@tilt.bike as soon as you become aware of a disputed charge. You will receive a response to your email within 48 working hours and the dispute shall be resolved at the sole discretion of Tilt.

7. COMPLAINTS

7.1 In the event that at any time you have a complaint or dispute regarding the Service or the Platform you can notify us via the Platform or by sending an email to our customer service email at support@tilt.bike.

8. BREACH

8.1 You acknowledge and agree that in order to protect the rights and interests of other users of the Platform and Tilt, we may take the following actions without notifying you in advance if we determine, in our sole and absolute discretion, that you have breached any of the terms of this Agreement:

  1. If your breach results in any loss, harm, expense, cost or diminution in value to us (including the cost of management time), we will deduct a corresponding amount from your Account balance to compensate for such loss according to the schedule of charges displayed on the Tilt App from time to time. If the balance in your Account is insufficient, you will be bound to pay the remaining amount by other means such as net banking, debit card, etc.
  2. We may suspend your Account or permanently block you from using the Platform.

8.2 After any of the above actions is taken, we will text you a notification message. If you have any question regarding our handling of your violation, you may appeal to our customer service email at support@tilt.bike. The time frame for appealing is not more than 7 days from the date of the issue itself.

9. LIMITATIONS OF OUR LIABILITY

9.1 Nothing in this Agreement shall limit or exclude Tilt’s liability for:

  1. death or personal injury caused by its negligence or any of its employees or agents, or any defect of a Tilt Bicycle which was not readily apparent at the time of hire; or
  2. fraud or fraudulent misrepresentation or any other liability which cannot be limited or excluded by applicable law.

9.2 In exchange for you being allowed to use any Tilt Bicycle, you (acting for yourself and for all of your family, heirs, agents, affiliates, representatives, successors, and assigns) do fully and forever release and discharge Tilt from all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including legal fees), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to:

  1. any of the services discussed herein, including in connection with the Platform or use of any Tilt Bicycle, or
  2. your use of any of the foregoing (“Claims”) that you have or may have against Tilt arising out of or in any way related to your use of the Platform or use of any Tilt Bicycle. Such releases are intended to be general and complete releases AND WAIVERS of all Claims arising out of or in any way related to your use of the Platform or use of any Tilt Bicycle.

9.3 Without limitation of the foregoing general releases, you acknowledge and agree that, except as may otherwise be limited by applicable law, Tilt is not responsible or liable for any claim, including those that arise out of or relate to:

  1. any risk, danger, or hazard described in this Agreement,
  2. your use of, or inability to use the Service, any Tilt Bicycles, or the Platform,
  3. your breach of the terms of this Agreement, or your violation of any law,
  4. your failure to wear a bicycle helmet or other protective gear or clothing while using a Tilt bicycle, or the failure of such helmet or protective gear or clothing to prevent death or injury, or
  5. any negligence, misconduct, or other action or inaction of any third party. You hereby release and waive all claims with respect to any of the foregoing, including those based in contract, tort (including negligence), statutory, or other grounds, even if Tilt has been advised of the possibility of such claims, to the fullest extent permitted by law.

9.4 You further specifically acknowledge and agree that your use of the Service, Tilt Bicycles, and/or the Platform are at your sole risk. To the fullest extent permitted by law Tilt disclaims all express and implied warranties, including warranties of merchantability and fitness for purpose. All of the Service, Tilt Bicycles, and the Platform are provided “as is” and “as available” (and you rely on them solely at your own risk). Tilt does not represent or warrant that Tilt Bicycles or the Platform will be in good repair or error-free. You acknowledge and agree that delays, omissions, interruptions, or inaccuracies could exist with respect to any of the Service and/or the Platform. You assume full responsibility and risk of loss for using any of the Service, Tilt Bicycles and/or the Platform, and Tilt is not liable for any claim attributable to any of the foregoing. You assume full and complete responsibility and liability for all consequences and claims of any kind or nature whatsoever related to your stolen or lost Tilt Bicycle whilst under your control.

10. OWNERSHIP AND INTELLECTUAL PROPERTY

10.1 You agreeing to this Agreement and becoming a User only entitles you to the Service in accordance with the terms and conditions set out in this Agreement. There is no other authorization, cooperation, partnership or agency between you and us.

10.2 You acknowledge that all intellectual property rights in and to the Platform (including copyright, trade marks, trade names, logos, source and object codes) and relevant proprietary confidential information in the Platform is and shall remain the exclusive property of us or our licensors and nothing in this Agreement shall operate to transfer any intellectual property rights in and to the Platform or any other intellectual property rights owned by us or our licensors to you. You acknowledge and agree that, without the express written authorization of the owner of such intellectual property rights, you may not use, modify, rent, let, sell, transmit or otherwise violate the above intellectual property rights (such as reverse engineering, decompiling).

10.3 The name and logos of Tilt are trade marks and trade names of Tilt and may not be duplicated, imitated or used in whole or in part without our prior written approval. In addition, you acknowledge and agree that all pages, text, graphics, images, button icons and scripts on the Platform form are owned by us and you shall not, or cause any third party to, duplicate, imitate or use in whole or in part without our prior written approval.

10.4 We grant you a limited, royalty-free, non-exclusive, personal, revocable and non-transferable, license to download and use the Tilt App for your own personal, non-commercial purposes, subject to your compliance with this Agreement. You may use the Tilt App and our Service only as permitted by this Agreement.

10.5 You are fully and solely responsible for all content, texts and images that you upload, post, transmit or share on the Platform (“User Content”). You may not upload, post, transmit, share or provide any User Content on the Platform that you did not create or that you do not have permission to upload, post, transmit or provide. You represent that you own or have sufficient other legal rights to any and all of your User Content. You agree to only provide User Content that is not in violation of any applicable law and does not infringe any third party’s rights (e.g., not in violation of any applicable intellectual property law or in breach of any agreement). Otherwise you will solely be responsible for all related liabilities. At any time and from time to time, and without your consent, we may review the Platform and delete, remove, or restrict any access to or viewing of any User Content, in our sole discretion and without any notice or cause. When you upload, post, transmit, share or provide User Content on the Platform, you automatically authorize us to make such copies thereof as we may deem, in our sole discretion, necessary or appropriate. By uploading, posting, transmitting, sharing or providing User Content on the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, royalty free, worldwide right and license to use, copy, publicly perform, publicly display, sublicense, reformat, translate, excerpt, distribute, modify, prepare derivative works of, or incorporate into other works any User Content for any purpose (commercial, advertising, or otherwise).

10.6 You agree that we may access, store and use any information that you provide so long as we comply with the terms of the Privacy Policy and your privacy settings. During the applicable copyright protection period, you hereby grant us and our affiliates a royalty-free license to use such information by means that include storage, usage, duplication, revision, editing, publication, exhibition, translation and dissemination, or include such information in other works using mediums currently known or to be developed in the future. Such use license shall be global, non-exclusive, transferable and sub-licensable and permit the use without the consent of you or any other person or the need to notify you or any other person, so long as the following conditions are met:

  1. You may terminate your license by deleting certain content you have provided or closing your account on the Platform, unless it takes some time to remove the content from the backup system and other systems.
  2. We will not include use your content to advertise other products and services (including sponsored content) without your consent.
  3. We shall obtain your consent if we intend to grant others the right to release your content outside the Platform.
  4. We may edit your content and adjust its format (such as translating it, modifying the font, layout or file name or removing metadata), but we will not modify its meaning.
  5. With regard to any suggestion or other feedback about the Service you submit, you agree that we may (but are not obliged to) use and share such feedback for any purpose without any compensation to you.

11. INDEMNIFICATION

11.1 You agree, without limitation, to indemnify and hold Tilt and its employees and agents harmless from any death, injury, or damage to yourself, another person or persons, or property arising out of or in any way connected to your use of any Tilt Bicycle or the Platform caused by your acts, omissions or negligence.

11.2 You agree to indemnify and hold Tilt and our associated parties jointly providing the Service with us, harmless from all liabilities, claims, losses, damages, expenses, costs (including legal fees incurred at trial, on appeal, or otherwise), debts, fines, penalties and charges, whether direct or indirect, including consequential, exemplary, incidental, special, punitive, lost profits, or otherwise that arise out of or relate to:

  1. your misuse or inability to use the Platform,
  2. your misuse of any information on or from the Platform,
  3. any unauthorized access or alteration of your transmission or data in connection with the Platform,
  4. any prohibited or malicious action or inaction by you that disrupts the Platform or the Service.

11.3 If your conduct causes us to pay third parties’ claims, we may claim from you for all the losses after we undertake monetary and other obligations to third parties.

12. TERMINATION OF THIS AGREEMENT

12.1 User Termination. You may terminate this Agreement in any of the following ways:

  1. If you notify us via the Platform at any time that you wish to cease using the Service and the Platform;
  2. If you cease using the Service and the Platform for a period of 365 consecutive days or more;
  3. If you cease using the Service and the Platform and expressly reject any changes to this Agreement before such changes become effective.

12.2 Termination initiated by Tilt. We may terminate this Agreement in any of the following ways:

  1. If you breach any of the terms of this Agreement;
  2. If you fail to pay any sums due under this Agreement within 7 days of the date due;
  3. If you cease using the Service and the Platform for a period of 365 consecutive days or more;
  4. If in our opinion your continued use of the Service or the Platform would be detrimental to the Service, the Platform or other users;
  5. If you expressly reject any changes to this Agreement notified to you from time to time.

12.3 Settlement after Termination. Upon the termination of this Agreement, we shall still have the rights to make claims against you in accordance with this Agreement for any prior breaches by you or any outstanding financial obligations you may have.

13. COVENANTS AND PROHIBITIONS

13.1 Covenants. You shall ensure that your conduct is in compliance with the following requirements when you access or use the Service:

  1. Compliance with all the applicable laws, including but not limited to tort law, privacy laws, intellectual property laws, tax laws and regulatory requirements;
  2. Provision of accurate information and updating them in a timely manner;
  3. Using your real name, identity and other personal information in the personal data file;
  4. Using the Service in a civilized and proper manner.

13.2 Prohibitions. You covenant that you will not use the Platform to conduct any illegal activity or any of the following acts:

  1. Using the Platform when you do not have the legal capacity or you are suspended from using the Service temporarily or permanently;
  2. Transferring your Account to any third party without our consent;
  3. Infringing others’ legal rights and interests in any way through the Platform, including collecting any other person’s login information or other personal information, using or attempting to use any other person’s account, harassing, insulting, threatening, coercing or hurting any other person, or sending any other person junk mails or other unwelcome messages or infringing any other persons’ intellectual property rights, etc.;
  4. Interfering or sabotaging the Platform, its server or its network, or to creating unreasonable or inappropriate load on our server or system by any means, or conducting any activity that may result in breakdown, overloading or damages (including spreading worms, viruses, spyware, malware or other destructive codes) or implanting content or codes on user browsers or devices, or altering or disturbing the render effects or display of our website on the user browser or device by other means, or uploading viruses or other malicious codes;
  5. Without legal authorization, using techniques on purpose to intercept, tamper, steal, record, visit, collect, store, use, spread, disclose or delete information that you are not authorized to access from the Platform, such as other users’ personal information, content or data relating to competitive services (determined at our discretion) or other confidential information which does not belong to you;
  6. Violating or evading any laws or any of our policies or rules or any decisions about your Account status;
  7. Taking any action to evade our technical and security measures;
  8. Infringing our intellectual property rights or other rights, including but not limited to using Tilt or our other commercial logos in any commercial name, email or website, deleting any notification contained in our services on copyrights, trademarks or other ownership, damaging any of our patents, copyrights, proprietary technology, programs, software or data base information that we possess or legally use, through copying, disseminating, publicizing, decoding, partitioning or producing derivatives etc.;
  9. Without our explicit consent, implying or stating that you are an affiliate of the Platform or have any agency relationships with it.
  10. Without our permission, renting, leasing, lending, borrowing, trading, selling or reselling our services or other relevant information or data, or monetizing or commercializing any of our service functions;
  11. Deleting, shielding or hiding any advertisement in our services;
  12. Using automatic programs or other automatic methods to visit our service, adding or downloading address books or sending or redirecting messages;
  13. Duplicating, modifying or creating derivatives of the Platform or any other relevant technologies (except otherwise authorized by us), or monitoring the usability, performance or functions of our services for competition purposes, or participating in establishing frame, making mirror images or other activities of imitating the appearance of our website or functions, or changing, modifying, re-editing or altering our services, or changing, modifying or altering other websites in order to create a wrong impression that such websites are related to our services.
  14. Visiting our Service via web pages not expressly provided by us;
  15. Rewriting any security functions of our Services or the Platform;
  16. Assisting or encouraging any violation of this Agreement or our policies;
  17. using our Service and Tilt Bicycles for any unlawful or illegal activity or which would be considered offensive and/or antisocial behaviour; and
  18. Any other unlawful conduct detrimental to the Service and/or the Platform.

13.3 Although we impose standards for conduct on our users, we do not control or regulate our users’ conduct on the Platform. Therefore we will not be responsible for any content or information disseminated or shared by the users on the Platform. If you believe that a user has violated the terms of this this Agreement or any of our policies, then please contact us at support@tilt.bike. Although we try to maintain a safe environment, we are not responsible for the posts of any users and disclaim any liability for the conduct or content of any users. If you, under any circumstance, and without our authorization, commit any prohibited act, or publicize or disseminate any prohibited information, you will be solely responsible for all related liabilities and risks.

14. ELECTRONIC SIGNATURES AND NOTICES

14.1 Certain activities on the Platform may require you to make an electronic signature. You understand and accept that an electronic signature has the same legal rights and obligations as a physical signature.

14.2 If you have an Account with us, you agree that we may provide you any and all required notices electronically through your Account or other electronic means such as email, or pop-up messages or pushed messages on the Platform in accordance with our Privacy Policy.

15. GOVERNING LAW

15.1 This Agreement and any dispute arising in relation to it shall be governed by and construed in accordance with Indian law and you and we agree to submit to the exclusive jurisdiction of Karnataka, India.

16. FORCE MAJEURE

16.1 We shall undertake basic security obligations in accordance with law, but will not be responsible for damages resulting from the maintenance of the information network equipment, connection failure, malfunction of the computer, communication or other system, power breakdown, strike, riot, fire, flood, windstorm, explosion, war, government actions, changes of laws, regulations, administrative provisions and other rules, orders of judicial or administrative authorities or acts or omissions of any third party.

17. MISCELLANEOUS

17.1 This Agreement (including but not limited to the Privacy Policy, Usage Policy and any additional terms that we have notified you of being applicable to specific services) constitutes the entire agreement between the parties with respect to its subject matter. It supersedes all previous agreements and understandings between the parties.

17.2 We may assign, transfer, delegate, or otherwise sub-contract our rights under the terms of this Agreement in our sole discretion.

17.3 If we fail to enforce a provision of the terms of this Agreement, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder).

17.4 If any provision of the terms of this Agreement is held or made invalid, the invalidity does not affect the remainder of the terms of this Agreement. We reserve all rights not expressly granted in the terms of this Agreement and disclaim all implied licenses.

USAGE RULES

These are our rules that regulate how you:

  1. use the bicycles provided to or selected by you through the Platform; and
  2. pay for your usage of the bicycles.

These rules form part of your Agreement with us in relation to your access of the Platforms and use of our services. These rules also set out safety standards in relation to your use of bicycles. You are required to comply with these rules and it is important that you read and understand these rules carefully. Where necessary to assist you in understanding certain technical terms and processes in these rules, we may provide or direct you to hyperlinks and illustrations.

Unless otherwise defined, terms used in these rules have the same meaning with those defined in the Tilt Terms of Use and Service Agreement.

1. HOW TO USE BICYCLES

1.1 Unlocking the bicycle

After you have successfully registered a user account on the Platforms, you may use the bicycles provided through the Platforms. To commence a ride on our bicycles, you simply need to:

  1. Tap ‘Unlock’ in the home screen and use your phone to scan the QR code on the Tilt bicycle; and
  2. The bicycle will be unlocked instantaneously.

1.2 Safety Inspection

Before using any bicycle, you will inspect the bicycle to ensure that the bicycle is safe and operable. Please refer to Attachment 1 which set out a non-exhaustive list of safety requirements. If a bicycle does not meet the requirements or is otherwise unsafe for operation,DO NOT USE THE BICYCLE. In such event, you will also immediately notify us via the Application, or e-mail at support@tilt.bike or via the “Help” page on the app, of:

  1. the number of the bicycle concerned;
  2. the safety issues associated with that bicycle.

1.3 Liability for use of bicycle

You will not allow any other person to use a bicycle unlocked by you.

You are responsible for using the bicycles provided to or selected by you in a safe manner and observing good cycling etiquette. We are not responsible or liable for, and you shall assume all related risks and liability for, any personal injury or death caused to yourself or a third party, as well as any damage to any property arising from your use of the bicycles.

1.4 Your responsibilities

You represent and warrant to us that:

  1. You are above age 16 years.
  2. You will comply with the Riding Rules set out in Attachment 1 to these rules;
  3. You are physically and mentally able, and have the necessary skills and expertise to use, ride and operate the bicycle provided to or selected by you in a safe and competent manner;
  4. You will only park the bicycle provided to or selected by you in places or areas where parking is permitted or not prohibited by any applicable laws or regulations;
  5. You will use the bicycle provided to or selected by you in a reasonable manner. You will not damage or restrict other users’ enjoyment of the bicycle, which may include damaging, breaking or destroying the bicycle, hiding the bicycle from public view, or tampering with the bicycle in a manner that restricts other users’ use (e.g. adding another lock to the bicycle);
  6. You shall comply with all applicable laws and regulations (including those on traffic, road safety and parking) when using, riding or operating the bicycle provided to or selected by you (including but not limited to, the Indian Motor Vehicles Act); and
  7. You will only use the bicycle provided to or selected by you in the city/town/ecosystem in which the bicycle was originally unlocked and hired for use (“Designated Area”). You will not transfer, or caused to be transferred, the bicycle to any location outside the Designated Area.

1.5 Completion of ride

When you have completed your use of the bicycle, you will:

  1. Indicate the completion of your ride in the Application by clicking “Trip completed”; or
  2. Close the lock and the trip will be ended in the App automatically. If you fail to comply with this Clause, you will continue to incur usage fees at our then prevailing rates.

2. PAYMENT

2.1 Users who have shared a User Bicycle

If you have shared a User Bicycle, please refer to Clause 1.4 on the charges applicable to your usage of bicycles through the Platforms.

2.2 Users who have not shared a User Bicycle

If you have not shared a User Bicycle, we will charge you on a pay-per-ride basis (“Ride Session”) for your usage of bicycles through the Platforms. You will be charged at our then prevailing rates which will be notified to you through our Platforms. Your Ride Session commences once you unlock the bicycle, and will continue until such time when you have indicate the completion of your use by clicking “Trip completed” in the Application or closing the lock.

2.3 Users with an active subscription

If you have paid for and have an active subscription with the Service, you will not be charged on a pay-per-ride basis if the subscription plan falls under the “UNLIMITED” category. However, usage of Service will be tracked to prevent misuse/abuse (as per clause 2.8 - Quotas and limits).

Priority will be given to subscription as payment method if a user has both an active subscription and credits in their wallet with the Service.

2.4 Promotional coupons/codes

We may from time to time, in our sole and absolute discretion, issue promotional coupons or codes. These promotional coupons or codes may be used to offset your bicycle usage charges. The use of such promotional coupons or codes shall be subjected to such terms and conditions as may be stipulated in and accompanying such coupons or codes.

We reserve the right to at any time and at our sole and absolute discretion, verify, reject, suspend or terminate any promotions governing such promotional coupons.

2.5 Payment methods

You may choose to pay for the usage of the bicycle provided to you using any of the following methods:

  1. You may associate your user account with a valid credit or debit card in accordance with the instructions that we may provide; and/or
  2. You may purchase credits from us using any of the payment methods as may be made available on the Platforms from time to time.

2.6 Payment by credit or debit card

If you associate a credit or debit card with your user account, you authorize us to charge that credit or debit card for all fees (including bicycle usage fees and any applicable tax) incurred by you. You represent and warrant that:

  1. any credit or debit card that you have associated with your user account and the details (including card number and expiration date) are and remain valid; and
  2. you have the requisite authority, consent or power to associate a credit or debit card with your user account and to charge the fees for the bicycle usage to such card.

We are entitled to recover any unsuccessful charges to your credit or debit card, together with any applicable administrative fees that we may impose, as a debt due and owing from you to us.

We take the protection of your personal information seriously. For further information on how we treat your personal information (including your payment card details), please refer to our Privacy Policy.

2.7 Payment by credits

We reserve the sole and absolute discretion to reject any purchase of credits without providing you any reasons whatsoever. We may also limit the total amount of credits in your user account to a prescribed value.

We will deduct your usage charges against the credits in your account. If your account balance is negative as you are using the bicycle, you may still continue your usage and complete your ride. If you have no credits in your account you will need to purchase more credits to continue using bicycles provided by us.

2.8 Balance not redeemable for cash

Except as provided in this Clause, credits in your user account are not refundable, redeemable or exchangeable for cash, other services or products, and we will not under any circumstances provide any refund for any unused credits in your user account.

If we terminate your Agreement and close your user account other than by reason of your breach of the Agreement, you may request for a refund of any balance credits in your user account in accordance with our prevailing refund policy. No refunds will be provided for any credits credited to your account from any promotional coupons, codes or other schemes.

2.9 Quotas and limits

Tilt imposes certain limits in using its “UNLIMITED” service to prevent abuse/misuse. The limits for the “UNLIMITED” plan are as follows unless otherwise contractually agreed upon:

  1. While subscribed to the “Unlimited cycling in a month (28 days)” plan, a user may not use the service for a cumulative total of more than 100 hours during the timeframe his/her subscription is active.

ATTACHMENT 1 — RIDING RULES

1. Safety checks

It is your responsibility to verify the safe operation of any bicycle provided to or selected by you and to satisfy yourself that you are able to operate the bicycle. The safety checks to conduct include, without limitation:

  1. Fit and flexibility of the handle bar;
  2. Adjustment of the bicycle seats according to your height;
  3. Effectiveness and functionality of the brakes;
  4. Adjustment of the bicycle chains to ensure that there are no damages;
  5. Optimum pressure in the tires and tubes;
  6. All lights reflectors are in good working conditions for use on public roads;
  7. Ensuring that the bicycle bell is working;
  8. Ensuring that mudguards are attached properly to avoid dirt and mud from hindering control of the bicycle;
  9. the bicycle is free from defect of any kind (latent or otherwise) that may affect the safe operation of the bicycle; and
  10. if you intend to ride the bicycle during the hours of darkness, you will equip the bicycle with a lamp or headlight showing to the front a white light visible from a reasonable distance. Please note that lamps and headlights are not provided with our bicycles.

2. Road Safety

It is your responsibility to ensure that you use, ride and operate the bicycle safely at all times. When using, riding or operating the bicycle, you are to comply with the following:

  1. Wear light coloured clothes to ensure that other road users are able to identify you easily. Inclement or night weather conditions may hamper other road users’ ability to see you, and increases the risk of an accident;
  2. Obey all traffic laws and regulations;
  3. Wear all necessary safety gears (helmet, protective pads and proper shoes) to mitigate the risk of personal injury.
  4. Dismount and push the bicycle at pedestrian crossing;
  5. Cycle on the leftmost lane of roads where possible;
  6. Do not cycle on expressways and restricted roads;
  7. Do not cycle against the flow of traffic;
  8. Do not carry any excessive weights (e.g. briefcases, backpacks, bags and/or other items) if it poses a challenge to your safe operation of the bicycle;
  9. Do not use any mobile phone devices while riding a bicycle;
  10. Do not operate the bicycle under the influence of alcohol, drugs, medication or other substances that may impair the safe operation of the bicycle; and
  11. Do not use the bicycle in inclement weather.

3. Parking of Bicycles

It is your responsibility to park the bicycle in a visible public area so that other users can also enjoy the use of the bicycle. You are also required to ensure that you do not park the bicycle in any area, space or manner that may contravene any applicable laws and/or regulations.

Do not park the bicycle:

  1. In any private spaces (e.g. within condominiums, private properties, etc.);
  2. On public footways and public roads;
  3. In a manner that obstruct entrances, exits, roads, paths, carparks or parking lots of any property, national parks, nature reserves and public parks;
  4. In any common area of a housing estate which is not designated for the parking of bicycles, or in a manner that obstructs the use of the common area; and
  5. In any part of transport station which is not designated for the parking of bicycles.
  6. Areas designated for parking of bicycles are usually identified by the presence of bicycle racks and stands.