MYSCOOT TECH PRIVATE LIMITED

Terms of Use

Last Revised: 25^th April 2020

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE PLATFORM.

Hello and welcome to the Terms of Use (“Terms”) of MYSCOOT TECH PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 with its registered office at Plot no. 406, Second Floor, Phase 3, Udyog Vihar, Gurugram, Haryana -122016 (“MyScoot”, “We”, ”Us”, or “Our”). MyScoot is an online marketplace for Members (defined below) to avail services that are provided by the Hosts (as defined below).

By accessing or using the website available at myscoot.in, any subdomains or any other website through which MyScoot services are made available (“Website”) and the MyScoot mobile application available on Android and iOS (“Application”) You agree to be bound by these Terms. Your agreement with us includes these Terms, Terms for Guests and Hosts and the Privacy Policy available at https://www.myscoot.in/privacy (collectively “Agreement”).

All terms used with a capitalized first letter shall have the meaning assigned to them hereunder. Terms not defined herein shall have the meanings assigned to them in the Terms for Guests and Hosts available at https://www.myscoot.in/terms/host_guest

The Website and Application are collectively referred to as “Platform”

The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Platform for any purpose.

IF YOU DO NOT AGREE WITH THESE TERMS, THEN PLEASE REFRAIN FROM USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU IRREVOCABLY ACCEPT THE AGREEMENT AND AGREE TO ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME).

1. User Eligibility

   User(s) represent and warrant that they have the right to access or use the Platform. The Platform can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. 

   As such, natural persons below 18 years of age shall not register as a Member on the Platform and shall not transact on or use the Platform.

   MyScoot reserves the right to terminate a User’s membership and / or refuse to provide User with access to the Platform if it is brought to MyScoot’s notice or if it is discovered that the User is under the age of 18 years or is breach of these Terms.

2. General Disclaimer

1. By use of the Platform, You agree that You meet with the Eligibility Criteria as detailed in Clause 1 (above) and that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by these Terms.

2. As the provider of the MyScoot Platform, MyScoot does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings (as defined below) or Host Services(as defined below).

3. User should always exercise due diligence and care when deciding whether to participate in an Experience or Event or use other Host Services, accept a booking request from a Guest (as defined below), or communicate and interact with other Members, whether online or in person.

4. No joint venture, partnership, employment, or agency relationship exists between You and MyScoot as a result of this Agreement or Your use of the MyScoot Platform. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. 

5. To promote the MyScoot Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content (as defined below) may be displayed on other websites, in applications, within emails, and in online and offline advertisements.

6. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. MyScoot cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The MyScoot Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.

7. If You access or download the Application from the Apple App Store, You agree to Apple’s Licensed Application End User License Agreement. Some areas of the MyScoot Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

8. The access to or use of certain areas and features of the MyScoot Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the MyScoot Platform, the latter terms and conditions will take precedence with respect to Your access to or use of that area or feature, unless specified otherwise.

9. The placement and ranking of Listings in search results on the MyScoot Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking. 

3. Code of Conduct

1. You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to Your use of the MyScoot Platform. Users shall not host, display, upload, modify, publish, transmit, update or share any information that:

   1. belongs to another person and to which the user does not have any right to;

   2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

   3.  harm minors in any way;

   4. infringes any patent, trademark, copyright or other proprietary rights;

   5. violates any law for the time being in force;

   6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

   7. impersonate another person;

   8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and

   9.  threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

2. If any Member feels that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from You, or (iii) engages in any other disturbing conduct, You should immediately report such person to the appropriate authorities and then to MyScoot by contacting us with Your police station and report number (if available); provided that Your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to You.

3. A Member cannot contact another Member for any purpose other than asking a question related to a Your own booking, Listing, or the Member's use of the MyScoot Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval.

4. You shall not use the MyScoot Platform to request, make or accept a booking independent of the MyScoot Platform, to circumvent any Service Fees(as defined below) or for any other reason.

5. You shall not request, accept or make any payment for Listing Fees outside of the MyScoot Platform or MyScoot Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold MyScoot harmless from any liability for such payment.

4. Links to Third Party Sites

   The MyScoot Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. MyScoot is not responsible or liable for the availability or accuracy of such Third- Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by MyScoot of such Third-Party Services.

5. Amendments of these Terms

   MyScoot reserves the right to change, modify, amend, or update these Terms and/ or the Agreement from time to time and such amended provisions of these Terms and/ or the Agreement shall be effective immediately upon being posted on the Platform and You can determine when these Terms were last revised by referring to the ’LAST UPDATED’ at the top of these Terms. If You do not agree to such provisions, You must stop using the Platform with immediate effect. Your continued use of the Platform will be deemed to signify Your acceptance of the amended provisions of these Terms and/ or the Agreement.

6. Account Registration

   A User shall have access to only view the Platform and not be able to engage. In order to access and use certain features of the Platform, such as publishing or booking a Listing a User must register an account ("MyScoot Account")

   MyScoot may make the access to and use of the MyScoot Platform, or certain areas or features of the MyScoot Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.

   1. Registration

      You can register a MyScoot Account using Your existing account with certain third-party social networking services, such as Facebook or LinkedIn or register in the Platform by proving Your phone number, MyScoot shall verify the same through a One time Password (“OTP”). In order to book a listing or publish an event You should have completed fifty percent of Your profile (“Member”).

      To publish or organise an event (“Host”) on the Platform a User has to be a Member and fill in details through the MyScoot Account or can fill a google form with details available on the Platform.

      If You are registering a MyScoot Account for a company or other legal entity, You represent and warrant that You have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms. 

      You may not register more than one (1) MyScoot Account unless MyScoot authorizes You to do so. You may not assign or otherwise transfer your MyScoot Account to another party.

      You must provide accurate, current and complete information during the registration process and keep Your MyScoot Account and public MyScoot Account profile page information up-to- date at all times. 

2. Verification

   Members may verify their MyScoot Account by providing details such as government ID, phone number and email address.

   User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

   You agree and authorize us to use Your personal information, such as your full name and date of birth and other details, to obtain such reports.

   At any time a Member may cancel an account by sending an email to MyScoot at [email protected] If You cancel your MyScoot Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your MyScoot Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy. 

   You are responsible for maintaining the confidentiality and security of Your MyScoot Account credentials and may not disclose Your credentials to any third party. You must immediately notify MyScoot if You know or have any reason to suspect that Your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of Your MyScoot Account. You are liable for any and all activities conducted through your MyScoot Account, unless such activities are not authorized by You and You are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). 

   MyScoot may enable features that allow You to authorize other Members or certain third parties to take certain actions that affect Your MyScoot Account. For example, we may allow Members associated with an enterprise to book for other Members, or we may allow Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that You share Your credentials with any other person. No third party is authorized by MyScoot to ask for your credentials, and You shall not request the credentials of another Member.

7. Process of Listing, Acceptance, Cancellation and Refund

1. A Host may fill in details of the event and publish the same on the Platform.(referred to as “Listing” or “Host Services” or “Experience” or “Event”). A Member may make a payment to request to be part of the Event. The acceptance or rejection of a Member to attend the Event is the sole discretion of the Host. On acceptances of the request by the Host a Member may attend the event (“Guest”). A confirmation email summarizing the confirmed booking will be sent on a confirmed booking transaction.

2.  Guests can cancel a confirmed booking at any time subject to the Listing’s cancellation policy.

3. For Experiences, Events and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, MyScoot will work with the Host to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.

4. In certain circumstances, MyScoot may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in MyScoot's policy or (i) where MyScoot believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to MyScoot, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.

5. If a Host cancels a confirmed booking, MyScoot may collect any cancellation fees.Cancellation fees may be withheld from the Hosts future Payouts or charged to the payment method on file in Your MyScoot Account.

6. If a Host, is unable to conduct the event after the Guest payment is done, the amount will be kept with MyScoot and transferred to the Guest on getting such feedback.

7. A Guest is entitled to a refund with 20 (twenty) working days from the date of cancellation. In case of a no-show, there will be no refund.

8. All refunds shall be processed in the same manner as they are received. Refund amount will reflect in your account based on respective banks policies.

8. Host and Co Host Obligations

1. MyScoot may enable Hosts to authorize other Members (“Co-Hosts”) to administer the Host’s Listing(s), and to bind the Host and take certain actions in relation to the Listing(s) as permitted by the Host, such as accepting booking requests, messaging and welcoming Guests, and updating the Listing Fee and calendar availability.

2. If you choose to use the MyScoot Platform as a Host or Co-Host, your relationship with MyScoot is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of MyScoot for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of MyScoot. 

3. The Host may have the right on the Platform to select the option to be connected to Members who have attended or hosted a certain number of Events and reached milestones on the Platform (“Super Member” or “Host Mentor”). The Host on selecting the option available on the Platform shall be connected to a Super Member or Host Mentor through email or WhatsApp. MyScoot doesn’t guarantee connecting the host with the Super Member or Host Mentor, it depends on their availability for a particular host/ event.

4. Host and Co Host shall comply with Terms for Host and Guest available at https://www.myscoot.in/terms/host_guest

9. Guests Obligation

          A Guest shall comply with Terms for Host and Guest available at https://www.myscoot.in/terms/host_guest

10. Payment

1. “Payment Method” means a payment method that you have added to Your MyScoot Account, such as but not limited to credit card, debit card, Paytm, Google Pay, PayPal etc.

2. “Payout Method” means a payout method is only the bank account mentioned by the Host while creating an MyScoot, to which MyScoot will credit the payment after the successful completion of the event as per the terms. Host agrees to manage and update the bank account information in a timely manner. In good faith, MyScoot shall notify (via email) the Host of their failure to update the bank account, if the Host does not update the same within 7 (seven) days from such notification, the Host shall forfeit the payment due to the Host. Further, the Host shall have no further recourse against MyScoot.

3. You agree to pay MyScoot for any confirmed bookings made in connection with your MyScoot Account in accordance with these Payments Terms by one of the methods supported by the Site or Application (e.g. by PayPal, credit card or debit card).

4. You hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the booking, either directly by MyScoot or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application.

5. Guest acknowledge and agree that, notwithstanding the fact that MyScoot is not a party to the agreement between you and the Host, MyScoot will deploy a payment gateway that acts as the Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to MyScoot’s payment gateway, your payment obligation to the Host is extinguished, and MyScoot is responsible for remitting the same (less the Host Fees and any Taxes in respect of the Host Fees), in the manner described in these Payments Terms.

6. You as a Guest agree that MyScoot may charge your Payment Method the full amount (“Total Fees”) for any booking requested in connection with your MyScoot Account.

7. Payment to the Host for a successful MyScoot Event will happen within 15(fifteen) working days, once the event has ended.

8. If the Guest requests to book an alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then MyScoot Payments will collect the Total Fees relating to the confirmed booking for the Experience in the alternative Listing, in accordance with these Payments Terms.

9. If MyScoot Payments is unable to collect any amounts You owe for a confirmed booking or a Damage Claim, MyScoot Payments may engage in collection efforts to recover such amounts from You. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to MyScoot by You. Such communication may be made by MyScoot or by anyone on their behalf, including but not limited to a third party collection agent.

10. Please note that MyScoot cannot control any fees that may be charged to a Guest by his or her bank related to MyScoot collection of the Total Fees, and MyScoot disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party service provider; please review such terms and conditions before using your Payment Method.

11. Service Fee - MyScoot may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the MyScoot Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page. MyScoot reserves the right to change the Service Fees at any time. You are responsible for paying any Service Fees that you owe to MyScoot. The applicable Service Fees are due and payable and collected by MyScoot Payments pursuant to the Payments Terms. Except as otherwise provided on the MyScoot Platform, Service Fees are non-refundable.

12. Service Fees and Other Fees Wherever applicable, MyScoot may also charge Taxes in respect of the Host Fees and Guest Fees. MyScoot deducts the Host Fees from the Event Fees before remitting the balance to the Host as described in these Payments Terms. Guest Fees are, as noted above, included in the Total Fees. In case of a Host, there will be a 20% service charge (GST, as applicable in addition).). Balances will be remitted by MyScoot to Hosts via the Payout Method selected by the Host.

13. Payment Processing Errors: We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount.

14. All Taxes as per law shall be applicable to the Member.

15. As a Host You are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes"). 

16. Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from Payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from Payouts to you, we reserve the right to freeze all Payouts, withhold such amounts as required by law, or to do both, until resolution. 

11. Rounding off, Currency conversion

1. MyScoot may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, euro or other supported currency); for example, MyScoot will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00. For currencies that are denominated in large numbers, MyScoot may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; for example, MyScoot may round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 837,500 up to 838,000 and 837,499 down to 837,000. 12.2 The MyScoot Platform facilitates bookings between Guests and Hosts who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the MyScoot Platform allows Members to view the price of Listings in a number of currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location. Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.

12. Content

1. MyScoot may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the MyScoot Platform ("Member Content"); and (ii) access and view Member Content and any content that MyScoot itself makes available on or through the MyScoot Platform, including proprietary MyScoot content and any content licensed or authorized for use by or through MyScoot from a third party ("MyScoot Content" and together with Member Content, "Collective Content"). 

2. The Member shall have the option in the Platform to request MyScoot to edit the Member Content. By selecting the option available on the Platform the Member gives MyScoot the right to edit the Member Content.

3. The MyScoot Platform, MyScoot Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of India and other countries. You acknowledge and agree that the MyScoot Platform and MyScoot Content, including all associated intellectual property rights, are the exclusive property of MyScoot and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the MyScoot Platform, MyScoot Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of MyScoot used on or in connection with the MyScoot Platform and MyScoot Content are trademarks or registered trademarks of MyScoot in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the MyScoot Platform, MyScoot Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners. 

4. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the MyScoot Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MyScoot or its licensors, except for the licenses and rights expressly granted in these Terms.

5. Subject to Your compliance with these Terms, MyScoot grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the MyScoot Platform and accessible to You, solely for Your personal and non-commercial use. 

6. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the MyScoot Platform, You grant to MyScoot a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the MyScoot Platform, in any media or platform. Unless You provide specific consent, MyScoot does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that You may have to use or exploit your Member Content.

7. MyScoot may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "MyScoot.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the MyScoot Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your MyScoot Account is terminated or suspended for any reason. You acknowledge and agree that MyScoot shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where MyScoot is not the exclusive owner of Verified Images, by using such Verified Images on or through the MyScoot Platform, you grant to MyScoot an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to You. MyScoot in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the MyScoot Platform solely for Your personal and non- commercial use.

8. You are solely responsible for all Member Content that you make available on or through the MyScoot Platform. Accordingly, You represent and warrant that: (i) You either are the sole and exclusive owner of all Member Content that you make available on or through the MyScoot Platform or you have all rights, licenses, consents and releases that are necessary to grant to MyScoot the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor Your posting, uploading, publication, submission or transmittal of the Member Content or MyScoot's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

13. Term and Termination, Suspension and other Measures

1. This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when You or MyScoot terminate the Agreement in accordance with this provision. 

2. MyScoot may terminate this Agreement for convenience at any time by giving You thirty (30) days' notice via email to Your registered email address.

3. MyScoot may immediately, without notice terminate this Agreement if (i) You have materially breached Your obligations under these Terms, the Payments Terms, Our Policies or Standards, (ii) You have violated applicable laws, regulations or third party rights, or (iii) MyScoot believes in good faith that such action is reasonably necessary to protect the personal safety or property of MyScoot, its Members, or third parties (for example in the case of fraudulent behaviour of a Member). (iv) You and/or Your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) You have repeatedly received poor Ratings or Reviews or MyScoot otherwise becomes aware of or has received complaints about your performance or conduct, (vi) You have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason.

4. If We take any of the measures described above (i) we may refund Your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of pre existing cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. 

5. When this Agreement has been terminated, you are not entitled to a restoration of Your MyScoot Account or any of Your Member Content. If your access to or use of the MyScoot Platform has been limited or Your MyScoot Account has been suspended or this Agreement has been terminated by Us, You may not register a new MyScoot Account or access and use the MyScoot Platform through an MyScoot Account of another Member. 

14. Feedback, Review and Ratings

1. After successfully attending/ hosting and experience, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of MyScoot.

2. Ratings and Reviews by Guests and Hosts must be fair, truthful and factual and may not contain any offensive or defamatory language. Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

3. MyScoot welcomes and encourages You to provide feedback, comments and suggestions for improvements to the Platform (“Feedback“). You may submit Feedback by emailing us, through the ‘Contact’ detail provided on the Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to You. By submitting Feedback to Us, You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to You.

15. Host and Guest Referral:

    The Host Referral terms shall be applicable to the Host and the Guest Referral terms shall be applicable to the Guest. We will be sending 3 emails on your behalf to the user you have referred on the platform.

    For specific details around the Host Referrals check out the details at https://www.myscoot.in/terms/host-referral

16. Waiver

    MyScoot’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law. 

17. Use of Personal information

    When you visit MyScoot.in, we receive the Internet protocol (IP) address of your computer, operating system information, browser information and name of your ISP. This information used to improve our service offerings, we are also legally accountable to pass the same information to legal authorities when requested. We also advanced web analytics, which provides information such as the URL of the site from which you came and the site to which you are going. MyScoot information collection and use policies with respect to privacy of such information are set forth in the Privacy Policy available at https://www.myscoot.in/privacy.

18. Disclaimer

    If You choose to use the MyScoot Platform or Collective Content, You do so voluntarily and at your sole risk. The MyScoot Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied. You agree that You have had whatever opportunity you deem necessary to investigate the MyScoot Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services You are receiving and that You are not relying upon any statement of law or fact made by MyScoot relating to a Listing. If We choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future. You agree that some Experiences, Events or other Host Services may carry inherent risk, and by participating in those Host Services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for he choices you make before, during and after your participation in a Host Service. If You are bringing a minor as an additional guest, You are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, You agree to release and hold harmless MyScoot from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law. 

    
    MyScoot is not responsible for your personal belonging and luggage during any experience or host service that You will be part of. If You are bringing any personal belonging, You are solely responsible for it throughout the duration of your experience and to the maximum extent permitted by law, You agree to release and hold harmless MyScoot from all liabilities and claims that arise in any way from any theft, injury, loss, death or harm that occurs to You or your belonging during the Host Service or experience or in any way related to your experience.

19. Liability

    You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the MyScoot Platform and Collective Content, your publishing or booking of any Listing via the MyScoot Platform, your stay at any accommodation, participation in any Experience or Event or use of any other Host Service or any other interaction you have with other Members whether in person or online remains with you. Neither MyScoot nor any other party involved in creating, producing, or delivering the MyScoot Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the MyScoot Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the MyScoot Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not MyScoot has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms or an approved payment request, in no event will MyScoot’s aggregate liability arising out of or in connection with these Terms and your use of the MyScoot Platform including, but not limited to, from your publishing or booking of any Listings via the MyScoot Platform, or from the use of or inability to use the MyScoot Platform or Collective Content and in connection with any accommodation, Experiences, Event or other Host Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the MyScoot Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by MyScoot to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between MyScoot and You.

20. No Guarantee

    MyScoot has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. MyScoot does not endorse any Member, Listing or Host Services.

    Any such description is not an endorsement, certification or guarantee by MyScoot about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable.

    Due to the nature of the Internet, MyScoot cannot guarantee the continuous and uninterrupted availability and accessibility of the MyScoot Platform. MyScoot may restrict the availability of the MyScoot Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the MyScoot Platform. MyScoot may improve, enhance and modify the MyScoot Platform and introduce new MyScoot Services from time to time.

21. Indemnification

    You agree to release, defend (at MyScoot’s option), indemnify, and hold MyScoot and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the MyScoot Platform or any MyScoot Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) MyScoot’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.

22. Applicable Law and Jurisdiction

    These Terms shall be governed by the laws of India. You agree that MyScoot is solely based in India, and nothing shall give rise to personal jurisdiction over MyScoot in jurisdictions other than New Delhi, India and You shall not raise any claims against MyScoot in any court or forum in any jurisdiction other than New Delhi, India. Any claim or dispute between the User and MyScoot will be entertained and tried solely and exclusively by a court of competent jurisdiction located in New Delhi, India and no other place whatsoever.

23. Notices

    All notices or demands to or upon MyScoot shall be effective if in writing and shall be deemed to be duly made when sent to MyScoot Tech Private Limited at Plot no. 406, Second Floor, Phase 3, Udyog Vihar, Gurugram, Haryana -122016.

    All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible. 

    Notice to a User(s) shall be deemed to be received by such User(s) if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Platform’s posting such notice on an area of the Platform that is publicly accessible.

24. Severability

    If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.

25. Miscellaneous

    1. Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

    2. The Company shall have the right to assign its obligations and duties in this Agreement to any person or entity.

    3. All telephonic calls to the Company will be kept completely confidential. However, Your call may be recorded to ensure quality of service. Further, for training purposes and to ensure excellent customer service, calls from the Company to the User or from the User to the Company may be monitored and/or recorded.

    4. Refer and Earn - We will be sending 3 (three) emails on your behalf to the user You have referred on the Platform.

    5. Sidharth Rawat is the designated Grievance Officer in respect of the Platform. Any complaints or concerns with regards to any content on the Platform or any breach of this Agreement or Privacy Policy can be directed to the designated Grievance Officer in writing at MyScoot Tech Private Limited, Plot no. 406, Second Floor, Phase 3, Udyog Vihar, Gurugram, Haryana -122016 or through an email signed with the electronic signature sent to [email protected].