MASTER ELECTRIC VEHICLE BAILMENT, RENTAL, RIDER UNDERTAKING, INDEMNITY AND DIGITAL CONSENT AGREEMENT

THIS AGREEMENT is entered into and executed digitally or physically on the date of acceptance by the Rider (as recorded in the mobile application logs or physical execution records).

BETWEEN

GURUDEV EV RIDE LLP, a Limited Liability Partnership incorporated under the Limited Liability Partnership Act, 2008, having its registered and principal office at No. 37, Bharathiyar Street, Taramani, Chennai - 600113 (GSTIN: 33ABFFG1194B1ZV, PAN: ABFFG1194B), carrying on the commercial enterprise of electric vehicle rentals and fleet management (hereinafter referred to as the "Company", which expression shall, unless repugnant to the context or meaning thereof, include its designated partners, successors, legal representatives, affiliates, and permitted assigns) of the FIRST PART;

AND

Mr./Ms. ____________________________________________________, Son/Daughter/Wife of ________________________________________, Date of Birth: ______________, Driving Licence No.: _________________________, Government ID Ref / Aadhaar Ref: _______________________, residing at Permanent Address: ____________________________________________________________________, Current/Working Address: ____________________________________________________________________, Mobile Number: _________________________, Email Address: _________________________ (hereinafter referred to as the "Rider", which expression shall include his/her legal heirs, executors, administrators, and permitted assigns) of the SECOND PART.

(The Company and the Rider are hereinafter collectively referred to as the "Parties" and individually as a "Party").

RECITALS

A. The Company is lawfully engaged in the business of procuring, owning, maintaining, and renting out electric two-wheelers (EVs) along with associated batteries, chargers, and accessories on subscription or rental models.

B. The Company retains absolute, exclusive ownership and title over every electric vehicle and accessory rented out under this Agreement.

C. The Rider has voluntarily approached the Company to lease/rent an electric two-wheeler for personal commuting or lawful commercial tasks.

D. The Rider warrants that they possess a valid, active driving licence, are legally competent to enter into binding contracts, and have provided authentic KYC credentials.

E. The Parties explicitly agree that the legal relationship established pursuant to this Agreement is strictly that of Bailor and Bailee under the Indian Contract Act, 1872, and nothing herein shall create an employer-employee, partnership, joint venture, agency, or franchise relationship.

1. DEFINITIONS & INTERPRETATION

1.1 "Agreement" means this comprehensive master document, inclusive of all schedules, annexures, handover sheets, pricing attachments, application terms, privacy policies, and subsequent written amendments issued by the Company.

1.2 "Company" refers exclusively to Gurudev EV Ride LLP.

1.3 "Vehicle" means the specific electric two-wheeler allotted to the Rider, inclusive of the battery pack, smart charger, charging cable, onboard IoT unit, GPS tracker, physical keys, smart cards, registration certificate (copy), mirrors, mudguards, helmet, and any factory-fitted or added accessories.

1.4 "Rental Period" signifies the duration commencing from the exact timestamp of physical or digital vehicle handover until the vehicle is formally returned, inspected, and accepted back into the custody of the Company.

1.5 "Rental Charges" means the periodic subscription fees, daily rentals, or mileage-based charges payable by the Rider as per the opted tariff plan.

1.6 "Security Deposit" denotes the refundable financial collateral deposited by the Rider to guarantee the faithful performance of all contractual obligations.

1.7 "Applicable Laws" encompasses all central, state, and local statutes of India, including but not limited to the Indian Contract Act 1872, Motor Vehicles Act 1988, Information Technology Act 2000, Digital Personal Data Protection Act 2023, Bharatiya Nyaya Sanhita 2023, and Consumer Protection Act 2019.

2. NATURE OF TRANSACTION (BAILMENT)

2.1 This arrangement is strictly a contract for the bailment of movable property and a commercial equipment rental.

2.2 Title, ownership, and beneficial interest in the Vehicle shall at all times remain vested solely in Gurudev EV Ride LLP. The Rider acquires no proprietary right, equity, lien, or title over the Vehicle whatsoever.

2.3 The Rider is granted a limited, revocable licence to operate the Vehicle strictly in accordance with this Agreement during the Rental Period.

2.4 This Agreement does not guarantee or provide any employment, job placement, delivery assignments, or commercial earnings to the Rider.

3. RIDER ELIGIBILITY & REPRESENTATIONS

3.1 The Rider formally represents and warrants that:

(a) They are at least 18 years of age and possess full legal capacity to contract.

(b) They hold a valid, unrevoked Driving Licence appropriate for operating electric two-wheelers in India.

(c) They are medically, physically, and mentally fit to operate a motor vehicle safely in heavy traffic.

(d) No criminal prosecution, insolvency proceedings, or licence suspensions are pending against them.

3.2 Providing false declarations or misleading particulars shall render this Agreement void ab initio, empowering the Company to repossess the Vehicle immediately without notice.

4. MANDATORY KYC & VERIFICATION

4.1 Before taking delivery, the Rider shall furnish self-attested copies of official identification, including Aadhaar/Gov ID reference, PAN Card, active Driving Licence, current address proof, passport-size photographs, bank account/UPI handle details, and emergency contact details.

4.2 The Rider grants explicit consent to the Company to authenticate these credentials through digital databases, physical verification, or third-party background checks.

5. EMERGENCY CONTACT & REFERENCE PERSON

5.1 The Rider shall provide verifiable contact details of at least one independent reference person or close relative.

5.2 The Rider confirms that the reference person has consented to being contacted by the Company or its recovery agents in the event of default, vehicle disappearance, payment failure, or emergency situations.

6. VEHICLE ALLOTMENT & HANDOVER

6.1 Vehicles are allotted subject to physical availability and successful clearance of KYC and security deposits.

6.2 At delivery, the Rider must inspect the Vehicle and sign the Vehicle Handover Report (Annexure-B). Acceptance of the vehicle implies it is delivered in sound, roadworthy condition.

6.3 Custody and risk of loss transfer entirely to the Rider upon delivery and continue until formal return and sign-off by the Company.

7. RENTAL FEES, CHARGES & PAYMENT TERMS

7.1 The Rider shall pay all Rental Charges strictly in advance as per their chosen tariff schedule.

7.2 The Company reserves the right to revise rental rates by providing a minimum of seven (7) days' notice via SMS, WhatsApp, email, or mobile app notification. Continued possession constitutes acceptance of revised rates.

7.3 All statutory taxes, including GST, tolls, and municipal levies arising from the operation or rental of the Vehicle, shall be borne entirely by the Rider.

7.4 The Rider shall not withhold, offset, or deduct any rental payment due to minor disputes or unapproved vehicle downtime.

8. SECURITY DEPOSIT & DEDUCTIONS

8.1 The Security Deposit acts as continuing collateral for dues, penalties, damages, and safe vehicle return.

8.2 The Company is irrevocably authorized to deduct from the Security Deposit any amounts covering unpaid rentals, late fees, traffic challans, towing costs, repair expenses, missing accessories (battery, charger, IoT units), or legal recovery costs.

8.3 The balance Security Deposit shall be refunded within fifteen (15) business days following the successful return, inspection, and clearance of the Vehicle.

9. UPI AUTOPAY & RECURRING PAYMENTS

9.1 The Rider authorizes the Company and its payment gateway partners to set up UPI AutoPay, e-mandates, or card debits for automated rental collections.

9.2 Revocation or failure of AutoPay due to insufficient funds does not waive the Rider's liability to clear outstanding rental dues immediately.

10. PERMITTED & PROHIBITED USE OF THE VEHICLE

10.1 Permitted Use: Personal commutation, travel to educational institutions, office commuting, or lawful commercial delivery tasks (if explicitly permitted under the specific rental agreement tier).

10.2 Prohibited Activities: The Rider shall strictly NOT:

(a) Use the Vehicle for any illegal, unlawful, or criminal activities.

(b) Transport contraband, explosives, illegal substances, or hazardous materials.

(c) Participate in speed racing, rallying, stunts, or commercial motor sports.

(d) Overload the Vehicle beyond its certified weight capacity.

(e) Operate the Vehicle while under the influence of alcohol, narcotics, or intoxicating substances.

(f) Tamper with, disconnect, or bypass the GPS tracker, IoT hardware, odometer, battery management system, or controller wiring.

(g) Remove, obscure, or alter Company branding, logos, or registration plates.

11. STRICT PROHIBITION ON SUB-LEASING & TRANSFER

11.1 The Rider shall not sell, assign, sub-lease, mortgage, pledge, hypothecate, lend, or transfer possession of the Vehicle to any third party under any circumstances.

11.2 Permitting unauthorized friends, family members, or third parties to ride or operate the Vehicle constitutes a material breach of contract, triggering immediate termination and vehicle repossession.

12. BATTERY, CHARGER & EQUIPMENT CUSTODY

12.1 The Rider is solely responsible for the safekeeping of the battery pack, smart charger, charging cables, keys, and accessories.

12.2 Charging must be performed strictly in accordance with manufacturer guidelines using authorized power outlets. Charging via faulty, wet, or unauthorized makeshift wiring resulting in battery damage or fire hazards shall make the Rider fully liable for complete equipment replacement costs.

13. VEHICLE MAINTENANCE, BREAKDOWN & REPAIR TERMS

13.1 Routine servicing and mechanical repairs must be conducted exclusively at workshops or swapping stations authorized by Gurudev EV Ride LLP.

13.2 The Rider is prohibited from dismantling body panels, opening battery casings, or modifying electrical circuits. Unauthorized repairs will be billed entirely to the Rider.

13.3 If any vehicle encounters a fault or stops functioning, it is the sole responsibility of the Rider to transport and bring the vehicle to the authorized hub of Gurudev EV Ride LLP at Taramani, Chennai, and all costs incurred for towing, transport, or recovery shall be paid exclusively by the Rider.

13.4 In the event of any technical issue, breakdown, or fault in the vehicle that requires 1 to 2 days (or any reasonable duration) for servicing or making it roadworthy, the Company shall not provide any financial refund, rent waiver, or extra rental days to the Rider.

14. ACCIDENTS, BREAKDOWNS, FIRE & THEFT

14.1 In the event of an accident, collision, fire, breakdown, or theft, the Rider must:

(a) Immediately inform the Company's helpline.

(b) File an official First Information Report (FIR) at the nearest police station if theft, major accident, or third-party injury occurs.

(c) Preserve photographic evidence and cooperate fully with insurance surveyors.

(d) Refrain from admitting liability on behalf of the Company.

15. EVENTS OF DEFAULT

15.1 The occurrence of any of the following events shall constitute a Material Event of Default:

(a) Default in paying Rental Charges on the due date.

(b) Dishonour or cancellation of UPI AutoPay/payment mandates.

(c) Submission of forged, fake, or fraudulent KYC documents.

(d) Unauthorized sub-leasing, lending, or transfer of the Vehicle.

(e) Tampering with GPS tracking, IoT devices, or speed governors.

(f) Disappearance of the Rider or failure to trace the Vehicle for over 48 hours.

(g) Misuse of the Vehicle in commission of any cognizable offense.

(h) Verbal abuse, threats, intimidation, or physical assault directed against any partner, employee, or recovery agent of Gurudev EV Ride LLP.

(i) Breach of any other covenant or term contained herein.

16. COMPANY’S REMEDIAL RIGHTS UPON DEFAULT

Upon the occurrence of any Event of Default, the Company may, without prejudice to its legal rights:

(a) Instantly terminate this Agreement without prior notice.

(b) Remotely immobilize the Vehicle using IoT/digital software where safe and lawful.

(c) Dispatch recovery personnel to repossess the Vehicle from public spaces or private premises through lawful means.

(d) Forfeit the Security Deposit and initiate civil recovery suits or criminal complaints before competent forums in Chennai.

17. INSURANCE & STATUTORY LIABILITIES

17.1 The Company maintains third-party statutory insurance as mandated by the Motor Vehicles Act, 1988.

17.2 The Rider shall be solely liable for all deductibles, policy excesses, or damages excluded by the insurer due to drunken driving, racing, lack of a valid licence, or breach of contract.

17.3 All traffic fines, e-challans, parking penalties, and towing fees incurred during the Rental Period are the absolute financial responsibility of the Rider.

18. VEHICLE INSPECTION & SURRENDER

18.1 The Company reserves the right to inspect the Vehicle at any reasonable time upon prior notice, or immediately if misuse or default is suspected.

18.2 Upon agreement expiry or termination, the Rider shall immediately return the Vehicle in clean, undamaged condition along with all accessories to the designated hub of Gurudev EV Ride LLP at Taramani, Chennai.

19. INDEMNITY & LIMITATION OF LIABILITY

19.1 The Rider agrees to defend, indemnify, and hold harmless Gurudev EV Ride LLP, its partners, employees, and agents from all claims, liabilities, losses, damages, legal fees, and third-party claims arising from the Rider's negligent operation, traffic violations, illegal use, or breach of this Agreement.

19.2 The Company shall not be liable for any indirect, incidental, or consequential damages, loss of earnings, or personal injuries sustained by the Rider while operating the Vehicle.

20. DATA PRIVACY & DPDP ACT 2023 CONSENT

20.1 The Rider grants explicit, informed consent to Gurudev EV Ride LLP to collect, store, process, and retain personal data (KYC, photographs, bank details, contact logs) in compliance with the Digital Personal Data Protection Act, 2023.

20.2 Data may be processed for rental management, verification, fraud prevention, payment processing, law enforcement compliance, and legal dispute resolution.

21. GPS, TELEMATICS & DIGITAL MONITORING CONSENT

21.1 The Rider expressly acknowledges that the Vehicle is embedded with GPS transmitters and IoT telematics units recording real-time geographic location, speed, route history, battery health, and ignition status.

21.2 The Rider consents to such digital surveillance for anti-theft security, fleet optimization, vehicle recovery, and safety enforcement.

22. GOVERNING LAW, ARBITRATION & JURISDICTION

22.1 This Agreement shall be governed by, interpreted, and construed in accordance with the laws of the Republic of India.

22.2 Any dispute, claim, or controversy arising out of or relating to this Agreement shall be settled amicably through discussions. If unresolved within thirty (30) days, the matter shall be referred to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996.

Seat and Venue of Arbitration: Chennai, Tamil Nadu.

Language of Arbitration: English.

22.3 Subject to arbitration, the courts located in Chennai, Tamil Nadu shall possess exclusive jurisdiction over all legal proceedings.

23. RIDER DECLARATION & ACKNOWLEDGMENT

I, the undersigned Rider, hereby declare that I have carefully read, understood, and voluntarily agreed to every single clause, term, and condition set forth in this Agreement. I confirm that I have received adequate explanation of my obligations, and I execute this document of my own free will.

Rider Name: __________________________________________________
Rider Signature / Digital Acceptance: ______________________________
Date: _______________ Place: Chennai

FOR GURUDEV EV RIDE LLP
(Authorized Signatory)
Registered Office: No. 37, Bharathiyar Street, Taramani, Chennai - 600113

ANNEXURE-A: RIDER INFORMATION SHEET

Rider Name: __________________________________________________

Father's/Spouse Name: _________________________________________

Date of Birth: _______________________________________________

Driving Licence No.: _________________________________________

Government ID / Aadhaar Ref: ________________________________

Mobile Number: ______________________________________________

Email ID: ____________________________________________________

Permanent Address: __________________________________________

Current Address: _____________________________________________

I certify that the above information is true and correct.
Rider Signature: ______________________

ANNEXURE-B: VEHICLE DELIVERY & HANDOVER REPORT

Vehicle Registration Number: __________________________________

Vehicle Model / Make: ________________________________________

Chassis Number: ______________________________________________

Motor / Engine Number: _______________________________________

Date & Time of Delivery: _____________________________________

Accessories Delivered: [ ] Battery [ ] Smart Charger [ ] Charging Cable [ ] Helmet [ ] RC Copy [ ] User Manual [ ] Spare Key [ ] Tool Kit

Vehicle Physical Condition: [ ] Excellent [ ] Good [ ] Minor Scratches [ ] Dents

Remarks / Existing Scratches: ___________________________________

I have inspected the Vehicle and found it satisfactory except for defects specifically noted above.
Rider Signature: ______________________ Company Representative: ______________________

ANNEXURE-C: VEHICLE RETURN REPORT

Vehicle Registration Number: __________________________________

Date & Time of Return: ______________________________________

Return Location Hub: _________________________________________

Items Returned: Battery [Yes/No] | Charger [Yes/No] | Keys [Yes/No] | Helmet [Yes/No] | Documents [Yes/No]

Odometer Reading at Return: _______________ | Battery %: _______________

Vehicle Condition upon Return: _________________________________

Received By (Company Rep Name): ______________________________ Rider Signature: ______________________

ANNEXURE-D: REFERENCE PERSON DECLARATION

Reference Person Name: ______________________________________

Mobile Number: _______________________________________________

Relationship with Rider: _______________________________________

The Rider confirms that the above details are correct and that the reference person has been informed that the Company may contact him/her for verification, contractual communication, vehicle recovery, or legal proceedings connected with this Agreement.

Rider Signature: ______________________

ANNEXURE-E: CONSENT FOR GPS & DIGITAL MONITORING

I hereby voluntarily consent to Gurudev EV Ride LLP utilizing GPS trackers, IoT telematics units, and remote immobilization software installed in the Vehicle for vehicle safety, fleet management, anti-theft security, vehicle recovery, maintenance alerts, insurance claims, and legal compliance in accordance with applicable laws.

Rider Signature: ______________________

ANNEXURE-F: DEFAULT & RECOVERY ACKNOWLEDGEMENT

I acknowledge that if I fail to pay rental charges, fail to return the Vehicle upon expiry, submit forged/false KYC documents, tamper with GPS/IoT hardware, unlawfully transfer possession of the Vehicle, or commit any material breach of this Agreement, the Company is legally empowered to exercise all contractual remedies, including remote vehicle immobilization, lawful repossession, recovery of dues, and initiation of civil or criminal proceedings before competent forums in Chennai.

Rider Signature: ______________________