GRO SUBSCRIPTION MODEL
Gro Subscription model is introduced to reduce the burden of buying a Bicycle(s), create a hassle-free environment to own and maintain Bicycle(s) for a predefined chosen period of time. This is a lease model where Gro is the proprietary Owner of the Bicycle(s) and the Customer is the Lessee of the Bicycle(s). Customer will choose the Bicycle(s) and the tenure of his choice to hire the Bicycle(s).
During the lease tenure, the Owner agrees to lease the Bicycle(s) to the Subscriber, and the Subscriber agrees to lease the Bicycle(s) from the Owner in accordance with the terms set out in this Agreement.
When signing up the subscription with Gro, the subscriber is entering into a binding contract between themselves and Gro.
This agreement sets out the terms of the contract between Gro and the subscriber
Gro will provide:
- A Bicycle(s) (“Cycle”) which as per customer choice
- The Bicycle(s) will be:
- As specified on the website
- Brand new
- If you are not happy with the product, you can return within 5 days of delivery.
The Subscriber will agree to:
- Pay Annually the stipulated amount at checkout on an annual subscription basis
- Store the Bicycle(s) in a dry, secure place
- Look after the bicycle(s) to a reasonable standard
- Upon upgrade, return the complete Bicycle(s)
This Agreement shall commence on the date the Bicycle(s) is delivered to the Subscriber and remain in full force and effect until the fixed period [equivalent to the tenure of the contract that is agreed by the Subscriber while booking the Bicycle(s) expires and the Bicycle(s) is returned to Gro, unless terminated earlier or extended pursuant to the subscription tenure policy.
For extension of the term beyond the Agreement tenure by the Subscriber, the monthly subscription amount applicable at the time of extension shall be followed for calculation of amount for the extension period. Any extension or early closure shall be done only through our Support services and such extension or early closure shall be deemed to be pursuant to this Agreement.
USE OF BICYCLE(S)
The Subscriber will use the Bicycle(s) in a good and careful manner and will comply with the manufacturer’s requirements and recommendations respecting the Bicycle(s) and within any applicable law, whether local, state or federal respecting the use of the Bicycle(s), including but not limited to, environmental and copyright law.
The Subscriber will use the Bicycle(s) for the purpose for which it was designed and not for any other purpose Unless the Subscriber obtains the prior written consent of the Owner, the Subscriber will not alter, modify or attach anything to the Bicycle(s) unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Bicycle(s).
The Subscriber will, at the Subscribers own expense, keep the Bicycle(s) in good repair, appearance and condition, moral and reasonable wear and tear excepted.
Gro Cycles Company (“Gro”) makes the following warranty:
The Gro Bicycle(s) will be in good working order and in good condition upon delivery. The Equipment is of merchantable quality and is fit for the purpose.
Gro Cycles Company (“Gro”) warrants to the subscriber that the bicycle they are subscribed to will be free of defective materials and workmanship of frame when operated under normal conditions and use. Gro provides lifetime warranty on all the mechanical parts, any mechanical failure due to manufacturing defect will be taken care by Gro such as:
- Gro Bicycle Frame and all the original components provided by Gro.
- Front Fork - Rigid and with Lockout Suspension types.
- All original components came along with bicycles like: Crankset, Chain, Freewheel, Cassette, Rear Derailleur, Front Derailleur, Disc Brakes, Caliper Brakes, Stem, Handlebar, Seat post, Saddle, Hub, Grips, Pedal, Headset, Spokes.
Warranties won't be applied in the following cases:
- Damage to the bicycle due to accidents, negligence and reckless use, and repairs carried out by external persons who are not authorized by the Gro.
- Warranty voids when making modifications/part substitution to the bicycle apart from the components provided by the company.
- Warranties are not applicable on consumables such as tires and inner tubes.
LOSS AND DAMAGE
To the extent permitted by law, the Subscriber will be responsible for the risk of loss, theft, damage or destruction to the Bicycle(s) from any and every cause.
The subscriber will be liable for any damage caused to the Bicycle(s) which falls outside of reasonable use (“extraordinary damage”) as deemed by Gro
Examples of extraordinary damage would be: rust (this can be prevented by storing in a dry place), buckled wheels, bent or cracked frames, critically damaged drivetrain, returned with missing componentry.
OWNERSHIP, RIGHT TO LEASE AND QUIET ENJOYMENT
The Bicycle(s) is the property of the Owner and will remain the property of the Owner.
The Subscriber will not encumber the Bicycle(s) or allow the Bicycle(s) to be encumbered or pledge the Bicycle(s) as security in any manner. The Subscriber will not sell the Bicycle(s) to any third party.
The Owner warrants that the Owner has the right to lease the Bicycle(s) according to the terms in the Agreement.
The Owner warrants that as long as no event of Default has occurred, the Owner will not disturb the Subscribers quiet and peaceful possession of the Bicycle(s) or the Subscribers unrestricted use of the Bicycle(s) for the purpose for which the Bicycle(s) was designed.
DISPUTE RESOLUTION AND ARBITRATION
In the event of a dispute, controversy or difference of any nature whatsoever between the Owner and the Subscriber, the same shall be, as far as possible, be amicably resolved through negotiations between the Owner and the Subscriber and in the event of failure of dispute resolution by negotiations between the Owner and the Subscriber, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
If the dispute has been referred to an arbitration proceeding, the Owner has the authority to appoint a sole arbitrator and the Subscriber hereby consents for the appointment of a sole arbitrator by the Owner for resolution of a dispute. The decision of the sole arbitrator shall be final and binding. The venue of arbitration shall be Bangalore, India and the arbitration proceedings shall be conducted in accordance with provisions of the Arbitration and Conciliation Act, 1996 or any subsequent modifications thereto. The proceedings shall be in English.
The Subscriber will indemnify and hold harmless the Owner against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorneys fees and costs, arising out of or related to the Subscribers use of the Equipment.
This Agreement may be executed in counterparts. Digital signatures are binding and are considered to be original signatures.
This agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns
Neither party will be liable in damages
This agreement shall be governed and construed in accordance with the laws of India and the parties agree to submit to the exclusive jurisdiction of Bangalore Courts.
CONSEQUENCES OF TERMINATION:
- Gro shall have the right to take possession of the Bicycle(s) delivered to the Subscriber immediately;
- Any subscription pending from the Subscriber shall become payable immediately to Gro.
- The total amount for the remaining minimum tenure shall be retained by the owner.
- Gro reserves the right to cancel any orders before delivery without prior information & in such scenarios, Gro will initiate the refund the amount deposited and the Subscriber will receive it in their source account within 7-10 working days.
- Any current/future orders placed by the Subscriber has no connection with any of his/her previous orders.
- The subscription amount will be on zero percent interest.
- Gro and its group companies, affiliates and/or business associates and their respective representatives are authorized to send communications regarding subscription, availed by the Subscriber, through telephone calls/SMSs/emails/post/WhatsApp etc. including but not limited to promotional communications.
- Subscriber agrees and accepts that by authorizing payment using my UPI account or Debit/Credit card under the “Subscription Option” Program, I am giving my consent for availing a Bicycle(s) on a subscription application to Gro.
- Subscriber understands and accepts that they have read the FAQs and provided my consent to Gro Club
Subscriber confirms that the tenure of subscription was communicated to them by Gro and thus Subscriber was fully informed that they will be paying the subscription as per the selected tenure.