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:
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.
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 email@example.com .
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.
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.
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.
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.
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 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.
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.
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.
The Rider must adhere to the following guidelines:
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.
Riders must adhere to the following guidelines:
The Rider must adhere to a maximum weight limit of 90 kilograms, with a cargo limit of 5 kilograms for the carrier/basket.
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.
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.
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.
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.
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.
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:
To conclude your ride, you should follow these steps:
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.
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.
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.
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.
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.
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.
As a User of Horse services, you acknowledge and accept that you're assuming certain responsibilities. In this context:
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.
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.
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:
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.
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.
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.