User Agreement

USER RENTAL AGREEMENT

 

This document is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000, and rules made thereunder, including amended provisions related to electronic documents/records in various statutes as updated by the Information Technology Act, 2000. It does not require any physical, electronic, or digital signature.

This document is a legally binding agreement that will become effective upon your acceptance of the same, either directly or indirectly in electronic form or through an electronic record. It governs the terms and conditions ("Terms") for availing Forthman Technologies Pvt. Ltd. services offered through the website/mobile application under the name and style of "Horse."

Last Updated on October 24, 2023.

Please read this agreement carefully as it sets forth the legally binding terms and conditions for your use of the Horse services. If you do not agree with these terms, please refrain from using the application or availing any Horse services offered through the application.

In order to use the Horse services, you must first agree to the Terms. You can accept the Terms by:

-          Clicking to accept or agree to the Terms, where it is made available to you by Forthman Technologies Pvt. Ltd. through the application for any particular Horse service; or

-          Actually using the Horse services. In this case, you understand and agree that Forthman Technologies Pvt. Ltd. will treat your use of the Horse services as acceptance of the Terms from that point onwards.

 

HORSE USER AGREEMENT

 

The bookings and use of vehicles availed by you from us and incidental services are governed by the following Terms as set forth herein ("User Agreement" or "Agreement").

This User Agreement is between Forthman Technologies Pvt. Ltd., a company incorporated under the Companies Act, 2013, with its registered office at:

FORTHMAN TECHNOLOGIES PRIVATE LIMITED

5, ROYAL PLAZA, RTO BYPASS ROAD,

HIMATNAGAR, SABAR KANTHA, GUJARAT, INDIA, 383001

Hereinafter referred to as "Horse" or "Company" or "We" or "Us" or "Our." This expression, unless the context may otherwise require, includes its successors, liquidators, and assigns.

This Agreement is made with the guest user or registered users of the application, who is a natural or legal person and avails any vehicle on rent/hire. Hereinafter referred to as "User" or "Rider" or "Renter" or "You" or "Your" or "Yourself." Under the Terms and in consideration of your use of any of the Horse services (more specifically defined below) provided by Horse, you will have to abide by all terms and conditions in this Agreement, as applicable.

1.   GENERAL:

This Application is exclusively designed for individuals seeking to rent or hire a Vehicle. Your use of the Application and Horse Services is governed by this Agreement, including relevant policies incorporated herein by reference. If you choose to use or conduct transactions on the Application, you will be subject to the policies relevant to your specific usage. It's important to note that your mere use of the Application establishes a contractual relationship with Forthman Technologies Pvt. Ltd., and this Agreement, as applicable, represents your binding commitments with Forthman Technologies Pvt. Ltd.

Forthman Technologies Pvt. Ltd. reserves the right to change or modify the terms of this User Agreement at its discretion. You consent to the updated Terms becoming effective from the date of their publication on the Application. It is your responsibility to periodically review any changes to the Terms on the Application. We may request your consent to the updated Terms in a specified manner before you can continue using the website/Application and Horse Services. In the absence of a separate consent process, your continued use of the website/Application will signify acceptance of these changes. You have the option to decline these changes by discontinuing your trips, bookings, or Horse Services under this Agreement.

In cases of conflict between this Agreement and any other document pertaining to Forthman Technologies Pvt. Ltd.'s additional programs, these Terms, as outlined in this Agreement, shall take precedence unless explicitly stated otherwise in writing by Forthman Technologies Pvt. Ltd.

We strongly advise you to CAREFULLY READ all the Terms before entering into this Agreement. Here is a list of some of the Terms that Forthman Technologies Pvt. Ltd. would like to bring to your attention, especially if you are using a smartphone or another electronic device with a small screen. Capitalized terms are defined as indicated in this Agreement.

Upon completing your ride, it is mandatory that the Vehicle be locked and parked at the designated Horse Zone in compliance with the applicable laws. Failure to lock and/or park the Vehicle at the designated Horse Zone will result in the continuation of the trip, and you will continue to incur charges. Forthman Technologies Pvt. Ltd. reserves the right to terminate your ride and assess incidental charges as specified in the Application.

You are required to adhere to all traffic laws, including cycling lane regulations and electric vehicle guidelines in your area. Forthman Technologies Pvt. Ltd. shall not be held liable for any violations of these laws and regulations while using the Vehicle or accessing Horse Services. In the case of traffic law violations, Forthman Technologies Pvt. Ltd. may impose penalties as outlined in the Application.

If the Vehicle sustains damage or experiences a malfunction, you must promptly report it to Forthman Technologies Pvt. Ltd. through the support feature on the Application or by emailing contact@myhorse.me.

Forthman Technologies Pvt. Ltd. agrees to lease the Vehicle to you, and you agree to rent the Vehicle subject to these Terms. Unless otherwise specified, all monetary values in this Agreement are considered to be in Indian Rupees.

2.   DEFINITIONS:

-          "Booking Period" refers to the specific period for which the User has made a booking for Vehicle usage, subject to the applicable fees in line with the Terms.

-           

-          "Vehicles" denote the self-drive vehicles available for rent/hire through the Application, reserved by the User for a specific period in accordance with the Terms of this Agreement. This category includes (i) bike share smart electric cycles, kick scooters and scooters

-          "Horse Services" provided by Forthman Technologies Pvt. Ltd. encompass:

-          Vehicles rented by the User;

-          Vehicle parking locations ("Horse Zones"), which may be identical or distinct;

-          All other related equipment, personnel, charging stations for Vehicles, Application, website, and information provided or made available by Forthman Technologies Pvt. Ltd.

-          "Horse Territories" include streets, bike lanes, and bike paths.

3.   GENERAL TERMS FOR VEHICLE RENTAL AND USAGE:

3.1 Sole User Responsibility

For Horse, this Agreement solely involves Horse and the Rider. The Rider, in this context, is the exclusive renter and holds full responsibility for adhering to the Terms stated herein. It is crucial for the Rider to understand that upon activating a Vehicle from the designated location, said Vehicle should only be utilized by the Rider. Allowing others to use a Vehicle initiated by the Rider is strictly prohibited.

3.2 Minimum Rider Age

To operate a Vehicle, the Rider must be a minimum of 16 years old. Hereinafter referred to as the "Permitted Age of Use." This Agreement explicitly prohibits the operation and use of Vehicles by individuals below the Permitted Age of Use. Non-compliance with these Terms will result in the imposition of incidental charges. In such cases, Horse shall not be held accountable for any violations of applicable laws and regulations by the Rider.

If the Rider falls within the Permitted Age of Use but is under 18 years old, the Rider's parents or legal guardian, in accordance with relevant laws, hereinafter referred to as the "Guardian," affirm that the Rider is availing Horse Services with their consent and under their supervision. The Guardian agrees to abide by and ensure that the Rider adheres to the terms of this Agreement.

3.3 Rider Proficiency as a Vehicle Operator

The Rider certifies that they possess sufficient familiarity with Vehicle operation, consider themselves reasonably proficient, and are physically fit to operate the Vehicle. By choosing to ride a Vehicle, the Rider willingly assumes all responsibilities and risks associated with potential injuries or medical conditions. It is the Rider's responsibility to determine whether weather conditions, including rain, storms, or other external factors, pose risks to safe operation. It is advised that the Rider adjusts their riding behavior to align with the prevailing weather and traffic conditions.

3.4 Vehicle Exclusive Ownership by Horse

The Rider acknowledges that the Vehicle and any Horse equipment attached to it unconditionally remain the exclusive property of Horse. Any disassembly, modification, repair, or defacement of the Vehicle, its components, or other Horse equipment is strictly prohibited. Similarly, the Rider must not alter, remove, modify, or damage any stickers on the Vehicle. The Rider is also prohibited from using the Vehicle or any Horse equipment for advertising or similar commercial purposes.

The Rider should never consider themselves as the purchaser or owner of the Vehicle under any circumstances. Solely Horse retains the rights to transfer any vested rights, interests, or titles in any Vehicle through means such as pledge, hypothecation, charge, lien, or sale.

Connecting with Vehicle owners for purposes of renting or hiring a Vehicle outside of the Application, as specified within it, is not the responsibility or liability of Horse in the case of offline transactions conducted by the Rider.

3.5 Vehicle Operating Hours and Availability

The Rider acknowledges that Vehicles are accessible 24/7, 365 days a year, except in the event of a Force Majeure Event. The rental duration for Vehicles is subject to maximum time limits specified below. Given that the number of available Vehicles is finite, the availability of Vehicles cannot be guaranteed at any point. Horse shall not be held responsible for the non-availability of Vehicles.

3.6 Usage Limited to Horse Territories and Horse Zones

The Rider agrees to operate, use, and ride the Vehicle exclusively within Horse Territories and Horse Zones. The Rider further commits to concluding rides solely at designated Horse Zones. Failure to adhere to these Terms will result in penalties.

3.7 Compliance with Laws Pertaining to Vehicle Operation

The Rider undertakes to follow and is responsible for compliance with all laws governing the operation and use of the Vehicle. This includes adherence to state and city laws, as well as regulations concerning bicycles, electric cycles and electric scooters within the area where the Vehicle is being operated.

3.8 Restricted Activities

The Rider must adhere to the following guidelines:

(i) Prohibited Cargo: It is strictly forbidden to ride a Vehicle while carrying items like briefcases or any objects that hinder your ability to safely operate the Vehicle.

(ii) Distraction-Free Riding: While riding a Vehicle, using cellular phones, text messaging devices, portable music players, or any other distractions that may compromise safety is not allowed.

(iii) Sobriety: Riding a Vehicle while under the influence of alcohol, drugs, medication, or any substances that impair your ability to operate the Vehicle safely is strictly prohibited. A 0.0% ABV limit is enforced.

(iv) Exclusive Lock Usage: Only the locking mechanisms provided by Horse should be utilized. Adding an additional lock to the Vehicle or locking it to other objects is not allowed.

(v) Correct Parking: At the end of your ride, you must park the Vehicle in designated Horse Zones. The Vehicle should never be left on private property, locked areas, or any non-public spaces.

(vi) No Additional Passengers: Carrying a second person or a child on the Vehicle is not permitted.

(vii) Hazardous Materials: Using the Vehicle to transport flammable, poisonous, or other hazardous substances beyond legally permissible household use or permissible amounts under applicable laws is strictly prohibited.

(viii) Legal Use Only: The Vehicle should not be used for any criminal or unlawful activities.

(ix) Responsible Usage: The Vehicle should be used prudently, responsibly, and in a non-abusive manner. Any actions that constitute abnormal use of the Vehicle are not allowed.

(x) Preservation of Vehicle: Activities that may disrupt the normal condition of the Vehicle are not permitted.

(xi) Vehicle Safety: Ensuring the safety and integrity of the Vehicle is your responsibility as long as it is in your possession.

(xii) No Racing: Using the Vehicle for speed racing or competition is not allowed.

(xiii) No Political Use: The Vehicle should not be used for participating in rallies, protests, or any similar political activities.

The examples provided above do not encompass all potential violations. Any actions deemed unreasonable, unwarranted, illegal, unethical, or inappropriate as determined by Horse's sole discretion will be considered a breach of these Terms. Horse reserves the right to report to authorities any Vehicle use or activities that violate local, state, or central laws or contravene these Terms.

3.9 Limited Usage of Vehicles

Riders must adhere to the following guidelines:

-          No Extreme Activities: The Rider must not engage in racing, stunts, tricks, or off-road/mountain riding with the Vehicle.

-          Restricted Terrains: The Vehicle should not be operated on unpaved roads, in water (beyond typical urban riding), or in locations where it's prohibited, illegal, or a nuisance to others.

-          Legal Use Only: The Rider is prohibited from using the Vehicle for hire, reward, or in violation of any law, ordinance, or regulation.

-          No Criminal Activities: The Vehicle should not be employed for any criminal or unlawful purposes.

3.10 Weight and Cargo Limits

The Rider must adhere to a maximum weight limit of 90 kilograms, with a cargo limit of 5 kilograms for the carrier/basket.

3.11 No Tampering

The Rider must not tamper with, attempt unauthorized access to, or use the Vehicle or any Horse equipment for purposes other than those stipulated in this Agreement.

3.12 Reporting Incidents

Any accidents, crashes, damage, personal injuries, stolen or lost Vehicles must be reported to Horse as soon as possible. In the event of a crash involving personal injury, property damage, or a stolen Vehicle, the Rider must file a report with the local police department within 24 hours. The Rider is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs, expenses, attorney’s fees, judgments, suits, or disbursements resulting from a damaged, stolen, or lost Vehicle.

3.13 Rider Responsibility for Vehicle Use and Damage

The Rider must return the Vehicle to Horse in the same condition it was rented, except for normal wear and tear. Any damages or loss due to the Rider's misuse of the Vehicle will be the Rider's responsibility. The Rider must not allow anyone who is not a User to drive the Vehicle. For electric-powered Vehicles charging is required for operation, and the Rider must handle them safely, considering their electric power and associated requirements.

The maximum speed limit is 25 km/hr, and wearing a helmet is optional. Additionally, no ARTO registration tag is required for the Vehicle. However, in case of damage due to the Rider's willful misconduct, gross negligence, or theft, charges/fees will apply at Horse's sole discretion. The Rider may be held liable for losses incurred by Horse as a result of unauthorized use of their account, whether authorized or unauthorized by third parties due to the Rider's failure to maintain account information confidentiality.

The Rider must pick up the selected Vehicle and return it to the designated Horse  Zone by the end of the Booking Period.

3.14 Vehicle Charging

The Rider acknowledges that the level of charge power in the Vehicle will decrease over time and distance. As it decreases, the speed and other operational capabilities may also decrease or cease entirely. The exact charge level at the start of a rental is not guaranteed and varies. The rate of charge loss is unpredictable and depends on various factors. It is the Rider's responsibility to ensure adequate charge power before use. The Vehicle may run out of charge at any time during the rental, including before reaching the desired destination. Horse is not responsible if the Vehicle loses charge during a ride.

3.15 Charging of the Vehicle

If the Vehicle runs out of charge during a rental, the Rider should conclude the ride per the Terms and report it immediately to Horse. While Horse strives to provide charged batteries at all times, availability is not guaranteed.

3.16 Reserving Horse Vehicles and Completing Your Ride

We want to ensure a smooth experience for all our users. To book a Horse Vehicle, you must follow these steps on our Application.

To start a ride:

-          Sign up on the Application.

-          Find the nearest Horse Zone.

-          Pay the security deposit and minimum recharge amount to unlock a Vehicle.

-          Scan and unlock the Vehicle at the Horse Zone.

To conclude your ride, you should follow these steps:

-          Check the Application for the nearest Horse Zone.

-          Park the Vehicle at the Horse Zone.

-          Click the 'End Ride' button on the Application to successfully complete your ride.

3.17 Adherence to Legal Requirements

We require all users to comply with the laws and regulations of the country in which they reside when using the Horse Services. You must use our services in accordance with these Terms and all applicable laws, ensuring that your usage does not infringe upon our legal rights or the rights of any other parties.

4.   Payment and Charges

4.1 Pricing

You can use Horse Vehicles through either pay-per-ride or by subscribing to our saver plans, all of which are detailed on the Application. Please note that fees and additional charges may be subject to local taxes and government levies, which Horse may collect on behalf of the applicable authorities. The specified fees for your ride will be deducted from your wallet or any other agreed payment method as described in this Agreement.

4.2 Promotional Discounts

Enjoy exclusive discounts through promo codes, which can be redeemed only through the Application. Please be aware that these discounts are one-time offers, and only one promo code is applicable per ride. Horse reserves the right to modify or withdraw discounts at its discretion. These discounts are limited to one use per User and account and cannot be combined with other promotions. Furthermore, they are non-transferable and should not be resold.

4.3 Maximum Rental Duration

The maximum rental period for a Horse Vehicle is 24 hours. To comply with this rule, you must conclude the rental within 24 hours from when it commenced. After this, you are free to rent the Vehicle again. Please take responsibility for monitoring the time to ensure you lock the Vehicle on time. Failing to return a Vehicle to a Horse Zone as specified may result in an incidental fee of up to INR 1,000. Additionally, if a Vehicle is damaged, lost, or stolen while rented by you, your security deposit may be forfeited, and a police report may be filed.

4.4 Security Deposit and Horse Money Account

You will need to make a security deposit, the amount of which is indicated in the tariff card on the Application. Additionally, you can add money to your Horse Money account (the "Horse Wallet"), which will be used to pay for Vehicle ride charges. You can use various payment methods available on the Application to fund your Horse Wallet. By doing so, you grant Horse the authorization to deduct charges for Vehicle rentals, incidental fees, and taxes from your Horse Wallet. In the event of any disputes over charges, you must provide all necessary information within 10 days from the end of the month in which the amount was charged. Please note that the security deposit is refundable after adjusting any negative balance.

Please be aware that any amount deposited in the Horse Wallet will expire if not used within 365 days from the date of deposit.

4.5 Pick-Up Charges

If a Vehicle under your account is abandoned without notice, you will be responsible for all ride charges until the Vehicle is retrieved and deactivated. Furthermore, a service charge, currently up to INR 1,000, may apply for Vehicle recovery. Please be advised that fees are subject to change.

5.   Releases; Disclaimers; Liability Limits; and Assumption of Risk

5.1 Assumption of Responsibility

As a User of Horse services, you acknowledge and accept that you're assuming certain responsibilities. In this context:

-          "Claims" encompass all manner of disputes, liabilities, injuries, damages, or losses arising from your use of Horse services, including Vehicles, equipment, and associated information.

-          "Released Persons" refer to Horse and all its affiliates, directors, staff, agents, and associates, along with any sponsors of Horse services and their affiliates.

By using Horse services, you, on your behalf and on behalf of your family, heirs, agents, affiliates, representatives, successors, and assigns, release and discharge all Released Persons from any Claims you may have, except in cases where such Claims result from the Released Person's gross negligence or willful misconduct.

This release is intended to be comprehensive, covering all Claims. The Released Persons may invoke these releases as a full defense against any Claims, as they are the intended beneficiaries of these releases. You explicitly agree to indemnify, release, and absolve the Released Persons from any liability for property damage, personal injury, or loss of life, whether caused by Horse’s negligence, the negligence of others, or based on legal theories such as breach of contract, breach of warranty, or negligence.

5.2 Disclaimers

You acknowledge and agree that your use of Horse services, Vehicles, and related equipment is at your own risk. To the fullest extent permitted by the law, Horse and other Released Persons disclaim all express and implied warranties, including those of merchantability and fitness for a particular purpose. All Horse services, Vehicles, and related equipment are provided "as is" and "as available," and you rely on them solely at your own risk. Horse and all Released Persons do not represent or warrant that these services, Vehicles, or equipment will be in good repair or error-free. Delays, omissions, interruptions, or inaccuracies may occur in connection with Horse services or related equipment.

5.3 Limited Liability

You agree that, except as may be otherwise limited by law, Horse and all Released Persons are not liable for any Claims, whether they arise from:

-          Risks, dangers, or hazards described in this Agreement.

-          Your use of Horse services, Vehicles, or related information.

-          Your breach of this Agreement or any law.

-          Any negligence, misconduct, action, or inaction by you.

-          Failure to wear a helmet while using a Vehicle.

-          Negligence, misconduct, or any action or inaction by a third party.

In light of this agreement, you waive all Claims with respect to the above circumstances, whether based on contract, tort (including negligence), statutory, or other grounds, even if Horse or any other Released Persons were aware of the possibility of such Claims. The total liability of Horse and all Released Persons for all Claims, including those based on contract, tort (including negligence), statute, or other grounds, is limited to a sum of INR 10,000.

5.4 Assumption of Risk by Rider

You, as the Rider, are solely responsible for safely operating the Vehicle. You understand that machines can malfunction even when properly maintained, potentially leading to injury. Riding a Vehicle carries both apparent and less obvious risks, hazards, and dangers that may result in injury, damage to property, or even death. Such risks and hazards cannot always be predicted or avoided.

By choosing to ride a Vehicle, you assume full responsibility for these risks, including deciding whether to wear protective gear like a helmet. In case your use of Horse services leads to injury or damage to others or their property, you may be held liable for resulting injuries, damages, and associated costs.

5.5 Indemnification

You agree to indemnify and hold the Released Persons harmless from any losses, suits, claims, or other proceedings related to your use of Vehicles and any breach of the Terms. The Released Persons must promptly inform you once they become aware of any such proceedings.

6.   Additional Terms of Use

6.1 Safety Precautions

At Horse, safety is paramount. Our Vehicles are equipped with safety features to ensure your well-being. These features include; Left-hand rear brake, right-hand front brake, front headlight, a rear reflector, reflectors on the wheels, a vehicle number, a horn/bell for alerting others, a weatherproof QR code, and a digital battery meter.

Before using a Vehicle, conduct a basic safety inspection which includes checking the wheels, brakes, saddle attachment, battery level, handle and bell condition, and any signs of damage or wear. If any issues are detected, please refrain from using the Vehicle and promptly notify our customer support via the Application.

6.2 Lost or Stolen Vehicle

In the unfortunate event that a Vehicle is not returned within 48 consecutive hours, it will be considered lost or stolen, and we will file a police report with the local authorities. Usage data from our servers will serve as conclusive evidence of the rental period. In case a Vehicle goes missing or is stolen, immediately report it to Horse.

6.3 Rider's Safety

For your safety, we recommend that all Riders wear a properly sized, fitted, and fastened helmet as per the manufacturer's instructions. Please note that Horse and its Released Parties are not liable for any injuries sustained while using our services, whether you are wearing a helmet or not. Depending on your circumstances, you may need to take additional safety measures or precautions not explicitly covered in this Agreement.

Our Vehicles come with the following safety measures at a minimum:

-          A bell to alert pedestrians and other Vehicles.

-          Hand-operated brakes (one each for the front and rear wheels).

-          A rear reflector.

-          A front reflector or headlight.

-          Remote tracking via the built-in GPS.

6.4 Vehicle Routes

Please be aware that Horse does not provide or maintain designated riding areas, and we cannot guarantee the presence of safe riding paths. Roads, bicycle lanes, and Vehicle routes may pose hazards due to weather, traffic, and other factors.

6.5 Vehicle Rental Limitations

Horse is not considered a common carrier. Various forms of public and private transportation are available to the general public, including buses, taxis, and pedestrian paths. Horse services are designed for individuals who can safely operate our Vehicles and have agreed to our Terms.

6.6 Service Availability

We aim to offer Horse services year-round, but unforeseen circumstances or force majeure events might occasionally impact our availability. Please note that the availability of our services and Vehicles is not guaranteed. We reserve the right to request the return of a Vehicle at any time.

7.   Term and Termination

7.1 Agreement Duration

Your journey with Horse begins the moment you first access our services. The agreement remains in effect until you unregister from our Application. However, your financial responsibility under this Agreement concludes one year after your last use of Horse services.

7.2 Termination

Horse may terminate your right to use our services at any time without notice or cause. Similarly, you have the liberty to terminate your usage at any time, bearing in mind that no cash refunds will be provided. This Agreement remains in full force even after any termination of your right to use Horse services.

8.   Data Protection

In consideration of valuable benefits received, you willingly and irrevocably consent to Horse and its affiliates, successors, and assigns to utilize your appearance and voice in photographs, videos, and recordings pertaining to your use of Horse services. This consent allows us to use these materials for various promotional, advertising, and commercial purposes across all media, both current and future, worldwide, and in perpetuity.

Furthermore, you grant Horse and its affiliates, successors, and assigns the right to capture, record, and photograph your image and voice during your use of Horse services. We shall retain all rights, copyrights, titles, and interests in these materials, treating them as works for hire for copyright purposes. We reserve the right to use, reproduce, display, distribute, alter, and utilize these materials and any components, including related promotional and advertising activities, at our discretion.

By accepting this, you release and discharge all entities associated with Horse from any claims that may arise, such as libel, defamation, invasion of privacy, violation of the right of publicity, copyright infringement, or any rights you granted in this context.

As part of our operations, we collect, store, and process your personal data, including but not limited to your name, email, internet protocol address, copies of your driving license, and duly attested identity proof. These documents may include a voter ID or passport, attested by the respective electoral officer and police officer in your jurisdiction. We also gather any other necessary address cum identity proof, as well as data relating to your usage of Horse services. This data is collected to ensure the administration and implementation of our terms and the effective use of our services.

In the event that we utilize third-party services, we may share your personal data with these service providers, but only to the extent required to achieve our objectives. We may also disclose your personal data to third parties for the purpose of offering personalized services, individualized offers, and customized information or products to you.

Rest assured that we implement and maintain reasonable procedures to safeguard sensitive personal information in compliance with applicable laws.

Additionally, we reserve the right to disclose your information to companies under our control or affiliated with us, as well as any government body as required by law, directives, or requests from governmental authorities. We may also share your information with any third party that we deem fit and proper, solely at our discretion.

For full details regarding data privacy and security, please refer to the Privacy Policy of Horse. We commit to deleting all personal data associated with you, collected as part of this Agreement, after a period of seven years from the termination of this Agreement.

9.   Confidentiality of Information

Rest assured that all your personal information, including names, addresses, contact information, and payment details, will be treated and managed in compliance with our Privacy Policy.

10.               Notice

Contact Horse via email at contact@myhorse.me

11.               Choice of Law & Dispute Resolution

This agreement is governed by and must be interpreted and enforced in accordance with the laws of India, without considering conflict of laws principles. In the event of any dispute related to this agreement:

-          The prevailing party is entitled to recover its costs, expenses, and reasonable attorney fees, whether incurred during the trial, on appeal, or in any other manner, as well as any other damages or awards it may be entitled to.

-          Both parties consent to the jurisdiction of Indian courts and agree that these courts have personal jurisdiction over each party.

-          Any dispute, controversy, or claims between, Horse and the user, arising from or relating to this agreement, its terms, or transactions mentioned in the application, including but not limited to issues concerning the breach, termination, or validity of any term, will be ultimately resolved through arbitration in accordance with the Indian Arbitration and Conciliation Act of 1996. A sole arbitrator, appointed by Horse, will oversee the arbitration proceedings. The arbitration process, the award, and the interpretation of the agreement to arbitrate will all be governed by the laws of India. The venue and seat of arbitration will be in sabarkantha, and the arbitration will be conducted in the English language.

Furthermore:

-          Subject to the condition specified in sub-clause (ii) below, the courts in sabarkantha hold exclusive jurisdiction for hearing and deciding any litigation, lawsuit, legal action, or proceedings, as well as for settling disputes that arise in any way related to this agreement, its formation, or validity.

-          Nothing in this clause limits the right of Horse to initiate legal proceedings against any user in accordance with applicable laws.

-          Users must promptly notify and provide Horse with every summon, complaint, document, or notice of any kind received by the user related to an accident, theft, or any other circumstances involving the vehicle.

12.               Force Majeure

If the performance of any Horse Services or obligations outlined in the terms or any other provisions of the website's policies, or services provided by third parties in the execution of transactions (e.g., payment gateways, etc.), is hindered, restricted, delayed, or interfered with due to reasons such as labour disputes, strikes, natural disasters, extreme weather conditions, material shortages, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil unrest, actions of public adversaries, blockades, embargoes, or any law, order, proclamation, regulation, ordinance, demand, or requirement with legal effect by a government or judicial authority, or representatives of any such government, or any other actions, whether similar or dissimilar to those listed in this clause, which are beyond the reasonable commercial control of Horse or third parties involved in providing such services as subcontractors to Horse, and could not have been prevented by taking reasonable precautions (collectively referred to as a "Force Majeure Event"), then Horse shall be exempt from fulfilling its obligations to the extent and for the duration of such Force Majeure Event. Horse will make every reasonable commercial effort to continue performing its obligations outlined herein.

13.               Waiver and Severability

No waiver of any breach in this Agreement is a waiver of other breaches. Each provision in this Agreement is independent and separable, and the invalidity of one part does not affect the rest.

14.               No Agency and Assignment

The Users will never be deemed to be Horse’s agent, servant, or employee in any manner for any purpose whatsoever.

The rights granted to the User under this Agreement are not assignable or transferable, in whole or part. Any attempt to transfer this Agreement without the written consent of Horse shall be void and of no force and effect. Horse reserves the right and can at its absolute discretion assign the rights and obligations under this Agreement (or any part thereof) to an affiliate or to another entity in connection with a corporate transaction, assignment process, any other commercial arrangement or otherwise.

15.               Cumulative Remedies

All rights and remedies in this Agreement are cumulative and non-exclusive, meaning the use of one right or remedy doesn't preclude others available by law.

16.               Final Agreement

This Agreement represents the comprehensive, definitive, and exclusive integrated accord between Horse and the User concerning its subject matter. This Agreement supersedes all previous agreements, whether written or verbal, pertaining to the same subject matter.

17.               Changes to the Terms

Horse reserves the right to modify the Terms at its discretion. By using our services after changes, you agree to the updated Terms. It's your responsibility to review this Agreement periodically to stay informed about amendments.

18.               Contract Interpretation

The headings don't impact the interpretation of this Agreement. The term "or" isn't exclusive, and "including" implies "including, but not limited to." Singular and plural words cover both genders, and all pronouns encompass masculine, feminine, and neuter forms.

19.               Rider Acceptance of Agreement

I affirm that I am the Rider, aged 18 years or older, and I have thoroughly read and willingly consent to the Terms detailed in this Agreement.

OR

I certify that I am the parent and/or legal guardian of the Rider, who is of the appropriate Permitted Age of Use or older. I have reviewed and expressly accept the terms and conditions stipulated in this Agreement, granting permission for the Rider to utilize the Horse Service. I have diligently examined this Agreement and am voluntarily endorsing it on behalf of the Rider in my role as their parent and/or legal guardian. By signing below, I affirm my commitment, along with the Rider, to adhere to all the Terms outlined above, which notably include provisions related to the release, waiver, or discharge of any liabilities or claims.