User Agreement on the Application (App)/Website is between Car2Drive India Private Limited, a company incorporated under the provisions of Companies Act 1956, having its registered office at Balanagar, Hyderabad-500042,Telangana, India (hereinafter referred to as “Car2Drive ” or “ Company ” or “ We ” or “ Us ” or “ Our ”, which expression unless the context may otherwise require to include its successors-in-interest, executors, administrators, legal representatives, attorneys and assignees ).
The Guest user/s or the registered users of the Application (App)/App/Website, who is a natural or a legal person (hereinafter referred to as “ User ” or “ You ” or “ Your ” or “ Yourself ” which expression unless the context may otherwise require to include its successors-in-interest, executors, administrators, legal representatives, attorneys and assignees).
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the 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. By clicking on the “I ACCEPT” button, You are consenting to be bound by these T&C for using Portal. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&C BEFORE YOU USE THE SERVICE OF THE PORTAL, AS YOU SHALL BE BOUND BY ALL THE T&C CONTAINED HEREIN upon clicking on the “I ACCEPT” button. If You do not accept any of the T&C, then please do not use the Portal. YOUR AGREEMENT TO THE T&C SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND CAR2DRIVE IN RESPECT OF THE SERVICES OF THE PORTAL.
Your use of the Application (App)/Website and services offered by Car2Drive are governed by this Agreement as applicable including other applicable policies which are incorporated herein by way of reference. If you use or transact on the App/Website, you shall be subject to the policies that are applicable to the App/Website for such use or transaction. It is hereby clarified that by mere use of the App/Website, you shall be contracting with the Car2Drive and this Agreement as applicable, shall constitute your binding obligations, with Car2Drive.
We reserve the right, at Our discretion, to change or modify the terms of this User Agreement. You agree that the updated terms and conditions of this Agreement shall be effective from the date of publication of the same on the App/Website. It shall be your responsibility to periodically check for any changes to the Agreement on the App/Website. We may require You to provide Your consent to the updated Agreement in a specified manner before any further use of the App/App/Website and the Services. If no such separate consent is sought, your continued use of the App/Website will constitute your acceptance of such changes. You may decline such changes by discontinuing Your trips / bookings or services, as the case may be, under this Agreement.
In the event of any conflict between this Agreement and any other document with respect to Car2Drive’s other programmes, these terms and conditions shall prevail, except otherwise set forth by Car2Drive in writing.
2.1 Unless the context or meaning thereof otherwise requires, the following expressions shall have the meanings assigned to them hereunder:
“ Excess Kilometre ” driven shall include any additional Kilometre(s) (“ KM/S ”) driven on the Vehicle booked by the User beyond the KMs which were reserved and paid for, to Car2Drive by the User. The User shall be liable to pay the additional cost for driving the Vehicle beyond the KMs approved and paid as per the Fee Policy of the Company.
“ In-Vehicle Devices ” means and includes the various devices selected by Car2Drive to be installed in the Vehicle for the entertainment/infotainment, security, safety, tracking and health monitoring of the Vehicle.
“ MV Act ” means the Motor Vehicles Act, 1988 along with the rules prescribed thereunder and includes any statutory modifications or re-enactments thereof and the applicable provisions, and also all provisions of Rent – A – CAR scheme 1989, and if any, of the Motor Vehicles Act, 1988 as amended, modified and re-enacted from time to time.
“ Booking Period ” means the specific period for which the User has made the Booking for usage against the Booking fees, pursuant to terms of this Agreement.
“ Vehicle ” means the self-drive vehicle, which is reserved by the User for a specific period, as per the terms of this Agreement.
“ Commercial and Operating Terms ” shall mean the terms and conditions updated, altered, modified, novated, substituted or replaced from time to time, on which the Vehicle would be operating on the App/Website, as more particularly exhibited at https:// www.Car2Drive.in, The User agrees to abide by and shall ensure compliance with all the provisions contained in Commercial and Operating Terms.
The User holding a valid driving license, issued by ministry of transport of any of the states of the Unionof India, has the right to rent select self-drive Vehicles through the App/Website, as per the terms and conditions of this Agreement, the Fee Policy and other policies on the App/Website, to the extent applicable (“Car2Drive Rental”).
The same terms are also applicable to persons of foreign nationalities holding International Driving Permit (IDP) with a copy of the original driving license issued by the foreign national’s country.
Car2Drive reserves the right to allow only the User holding a valid driving licence, which shall be duly approved by the company, to drive the vehicle allotted to him by the company for a specific period blocked and paid by the said User. Further Car2drive reserves the right to disallow any person to avail its self-drive car rental services without assigning any reason/s.
4.1 You shall neither be the purchaser nor the owner of the Vehicle, at any time and for any purposes including regulatory requirements under applicable law. The purchase invoice, Registration Certificate and all other documents in relation to the Vehicle shall bear the name of Car2Drive or any company/individual working with Car2Drive to comply with the specific requirements for registration under the MV Act.
Only the owner of the Vehicle shall have the sole right to transfer any right, interest or title vested in any vehicle owned by the company by way of pledge, hypothecation, charge, lien or sale.
4.2 The User agrees and acknowledges that they are not the owners of any Vehicle/s and they or any person authorised by his/her/their legal heirs/ representatives etc. are not entitled to claim anything in this regard.
5.1 The User hereby agrees and acknowledges that reservation is a pre-requisite for all potential Bookings. The User shall reserve a vehicle in advance of use on the App/Website following the steps on the App/Website and will be billed for usage fees at the time of reservation.
The indicative steps for reserving a Vehicle on the App/Website are:
(i) Select the region/ area for which the vehicle is required;
(ii) provide the start and end date and time, indicating the duration or Booking Period for which the vehicle will be required for use by the User;
(iii) Select the vehicle as per your requirements;
(iv) pay applicable Booking fees for use of the Vehicle through any of the payment systems that Car2Drive is using at that point of time.
6.1 Only an active User, in good standing, as decided solely by Car2Drive, is allowed to drive the Vehicle. Non-User is expressly prohibited from driving a Vehicle at any time. The User holding an effective driving license (uploaded on the App/Website and approved by Car2Drive) may drive a Vehicle that has been reserved by another User with the permission of such User. However, all fees and charges shall be the responsibility of the reserving User and any liability and/or claim arising out of such usage shall be that of all such participant Users. Notwithstanding anything contrary contained in this Agreement, the User making the Booking must ensure that any other person having effective driving license drives the Vehicle only with the prior consent of Car2Drive, failing which the User shall be solely liable to indemnify Car2Drive without any limitation for any loss suffered by Car2Drive.
6.2 Satisfying eligibility criteria required to become a User does not automatically give an applicant the right to become a User. Acceptance of the applicant’s Car2Drive Rental is subject to approval by Car2Drive, at its sole discretion.
6.3 By applying for Car2Drive Rental, each applicant authorizes Car2Drive and Car2Drive reserves the right, in its sole discretion, to obtain the applicant’s driving records from the jurisdiction in which the applicant is licensed. Given that driving a Vehicle requires maintaining a good driving record, Car2Drive may periodically check the User’s driving records and reserves the right, at its sole discretion, to suspend or terminate the Car2Drive Rental of the User, who does not meet Car2Drive’s driving eligibility requirements.
6.4 The User agrees to promptly report to Car2Drive any expiration, suspension or revocation of his/her driving license, or any tickets/citations/conviction related to any traffic violation including but not limited to driving under the influence of drugs or alcohol, driving while intoxicated, reckless driving, exceeding the speed limit, or sending an SMS while driving. Should any User’s driving license expire or be revoked, authorization to drive the Vehicle shall expire immediately.
6.5 The User is responsible for providing and maintaining current email, cell phone, residential address (current/temporary and permanent), and other account information with Car2Drive. The User further warrants that information provided to Car2Drive shall be absolutely correct and is bound to inform Car2Drive promptly, if any change occurs in the information provided earlier including but not limited to residential address.
7.1 The use of a Vehicle under the following conditions are prohibited:
(i) any speed race, reliability test or competition;
(ii) for the purpose of towing, pushing, or propelling any trailer or any other vehicle;
(iii) for the primary business purpose of transporting people or operating a taxi service and/or carrying goods;
(iv) by any person who is under the influence of
(i) alcohol or
(ii) any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended. A zero-tolerance policy is adopted and a limit of 0.0% applies;
7.2 The foregoing examples are not intended to be an exhaustive list. Any unreasonable, unwarranted, illegal, unethical or inappropriate use of the Vehicle except the personal use for travel, as determined by Car2Drive in its sole discretion, shall be deemed to be a violation of these terms and conditions. Car2Drive may report to the authorities any use of the Vehicle or other activities that are in violation of local, state, and/or national law or in violation of these terms and conditions.
7.3 Car2Drive may immediately suspend or terminate the use of its service by any User for a violation of any of the terms and conditions of the Agreement. Upon suspension or termination, any existing Booking for the User may be cancelled by Car2Drive at its sole discretion. In addition, the User will be absolutely responsible for any and all, losses, damages (direct/indirect), costs, charges, fees and expenses incurred by Car2Drive, as a result of a breach of any of these terms and conditions and the User unconditionally and irrevocably agrees that Car2Drive reserves the right to pursue the remedial action to recover the losses/damages suffered by Car2Drive from the User’s property including but not limited to his/her legal heirs/representative’s properties.
8.1 The User is responsible for:
(i) Complying with all applicable laws including seat belt, speed limit and child restraint laws. It is being made crystal clear that the User must abide with the maximum speed/ weight limit and any other instructions being displayed/ communicated by the authorities through marks or sign boards at various locations of the concurrent trip;
(ii) Protecting all children by proper use of any child passenger restraint system that complies with the motor vehicle safety standards in the jurisdiction where the trip is initiated and where the Vehicle is driven during such trip;
(iii) Each time the User parks a Vehicle (either at the end of the Booking Period or during the Booking Period), the User shall be responsible for securing the Vehicle in conditions such as closing of windows, switching of headlights and locking the car.
9.1 Each time the User parks the Vehicle (either at the end of the or during the Booking Period), the User shall be responsible for securing the Vehicle from external factors including human or general known adverse weather conditions.
9.2 Windows must be closed, and the central locking system must be enabled using the smart phone app or the (SMS command or the keys). If the Vehicle is outside of cell phone range, and the Vehicle cannot be locked through the phone command system, the User must remove the key and lock the Vehicle manually. The User will be responsible for any fees or charges associated with a failure to perform these steps.
9.3 Car2Drive encourages all its Users to take full responsibility for their belongings. In case of any User claims to have left back any luggage or any phones or personal music devices inadvertently in the Vehicle after the User completes his/her Booking, Car2Drive shall endeavour to locate the lost belongings on a “best-effort” basis provided the User notifies Car2Drive of the same within 90 minutes of the successful return of the Vehicle post completion/termination of the Booking however, Car2Drive shall not be held responsible for such loss or damage in any circumstances.
10. Fees and Eligible (Reimbursable) Expenses
10.1 The User is subject to the fees policy mentioned on the App/Website (“Fee Policy”). The Fee Policy covers all the fees, costs, penalties and expenses including but not limited to rentals, Excess Kilometre driving charges, damage fee, late payment fee, extensions fees, penalties or fines, and tolls if any etc.,
10.2 In the event of any issues or damages to the Vehicle, the User shall report the same to the company and Car2drive shall give approval to fix the same. In the event any issues or damages need urgent repair or fixing (such as outstation cases), the User can get the same fixed upon obtaining prior approval from Us. If a User pays for any Eligible Expense in relation to repair or fixing the Vehicle, he or she must keep the invoice which is subject to verification more particularly mentioned in the Fee Policy, which conspicuously captures the date and time showing that it was incurred during the Booking Period. The User must print company name & GST number on such invoice and provide a physical original hard copy of the same to Our Vehicle attendant upon handover of the Vehicle in terms of this Agreement. Car2Drive will reimburse the User or credit the User’s account, post the verification of claim and corresponding invoices and would be settled with the security deposit. No reimbursement or credit will be given without an invoice, or if the invoice is not submitted at the time of car handover. The User hereby agrees and acknowledges that it will be reimbursed as per this Clause only in case of Eligible Expenses incurred by it.
10.3 For the purpose of this Agreement, ‘ Eligible Expense’ means: (i) any fuel related expense for the Bookings with fuel, provided it reconciles reasonably with distance travelled; in pursuance of the standard industry mileage or Car2Drive’s internal mileage standard; or (ii) an expense incurred by the User for any maintenance of the Vehicle, such as new wiper blades, light bulbs, or windshield-washer fluid, etc. that is authorized in advance by a Car2Drive Representative, via e-mail/SMS/phone.
11.1 The User shall be solely responsible for payment of all taxes, duties, fines, penalties, tolls and permits by whatever name called as may become due and payable under any law, rules or regulations as applicable from time to time in relation to the credits/bonus received by the User in accordance with the terms of this Agreement. Car2Drive reserves the right to collect Goods and Service Tax (GST) from the User and deposit the same with the government authorities.
11.2 Car2Drive shall be entitled to deduct tax at source on credits/bonus made to the User in accordance with the applicable law. The User shall be responsible to report any non-receipt of certificate of taxes deducted at source within 90 days of deduction of such taxes at source.
12. Roadside Assistance
Car2Drive makes reasonable best efforts to provide roadside assistance support in all cases. Car2Drive makes reasonable best efforts to provide Roadside Assistance support in all cases. If, however, a User's need for Roadside Assistance results from a breach of these Terms and Conditions, the User may be charged for the full costs of the service.
13.1 Car2Drive will perform all necessary and required routine maintenance on all its Vehicles. However, the User is responsible for the cleanliness of the Vehicle and are expected to assist in helping Car2Drive to maintain the driving safety and performance of the Vehicle, in particular during longer Booking Period or when the Vehicle indicates that service or maintenance is required.
13.2 Use of tobacco, cigarettes, cigars, and alcohol is absolutely prohibited inside the Vehicle. You will be subject to additional fine if evidence of smoking, chewing, drinking or dipping is found inside the Vehicle or complained of by a customer using the Vehicle immediately following Your Car2Drive Rental.
13.3 Burning any substance is absolutely prohibited in the Vehicles. This includes, but is not limited to tobacco, other drugs, and incense.
13.4 You agree and acknowledge that Car2Drive’s name would be mentioned on all service and maintenance invoices given that the Vehicle is registered in the name of Car2Drive. Further, all the benefits and liabilities pertaining to Vehicle maintenance will lie with Us, except as may be mutually agreed in writing between You and Us. We shall be entitled to claim deduction on such expenses for tax purposes. Further, You will not be entitled to claim
(i) any maintenance cost which is borne by Us as expenses in your books for tax purposes, and
(ii) any GST input credit available on the maintenance invoices.
14. Breakdown or Incidents
14.1 All breakdowns or incidents involving the Vehicle must be reported to Car2Drive immediately by phone to 8880 100 200 and via email on info@Car2Drive.in
14.2 Breakdown and Roadside Assistance: While using the Vehicle, You must follow the owner's manual instructions, provided in the Vehicle’s glove compartment. If a problem arises that prevents or limits the use of the Vehicle or that may compromise people's safety, the User must immediately notify Car2Drive on the abovementioned phone number/email id and follow Car2Drive’s instructions. The User may have to pay for towing, repairs, and other expenses in certain circumstances. It is the responsibility of the User to maintain the Vehicle in the condition in which the Vehicle was handed over to him, without fail. If the User fails to do so, he shall be liable to incur all the costs and expenses.
14.3 Jump start: If You perform a jump start to the Vehicle, you must inform Car2Drive immediately by phone or through the mobile app. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any vehicle.
14.4 Incident: In case of an incident involving property damage or any third party, the User must fill out an official police report form and, mandatorily provide a jointly agreed-upon statement, complete Car2Drive’s incident report form, and obtain the following information:
(i) Date, time, and place of incident;
(ii) The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate's number (with name, address and phone number of the insurance agent);
(iii) The names, addresses, and driver's license numbers of the persons involved in the incident;
(iv) The name, address, and driver's license number of the owner of the vehicle (if he or she is not the driver);
(v) The name, addresses, and phone number of witnesses, passengers, and any other involved persons;
(vi) Circumstances of the incident describing immediate surrounding environment and the Vehicle position prior to the incident; and
(vii) A police report is required regardless of liability or fault. The User shall specify in his/her detailed written complaint to the police the actual facts only. The User shall ensure that such complaint shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claim by Car2Drive. Any loss occasioned to Car2Drive due to a discrepant, inconsistent or distorted complaint by a User shall be to the account of such User.
14.5 Investigation and procedure: The User must provide Car2Drive and any other claims adjustment service with the findings of any report or any notice relating to a claim or a lawsuit against Car2Drive regarding any incident involving the Vehicle. The User agrees to cooperate fully with Car2Drive in the investigation and defense of any such claim or lawsuit. A User’s accounts will be suspended until the investigation has been concluded.
14.6 The User shall be responsible for the costs related to the repair, recovery, and loss of use of any the Vehicle resulting from any of the foregoing, up to the current damage fee, as set forth in the Fee Policy / Rate Schedule (if such costs are because of the fault of the User or if the fault is not directly established to any other person/ entity, or where any cost is not paid / reimbursed by the insurer of the Vehicle or the insurer of the other vehicle involved in the accident).
14.7 Car2Drive shall not be liable to make any refunds to the User for the unused Booking Period, if the User meets with an accident (intentionally or unintentionally) and shall not be liable for any costs or expenses borne by the User due to the accident/breakdown. However, if Car2Drive determines pursuant to the following validation process that the User is not responsible for the breakdown of the Vehicle and if it is intimated immediately or within reasonable time to Car2Drive, the User shall be eligible for the refund of the entire Booking fees paid by the User.
(i) Internal validation - The validation under the guidelines of the authorised service center of the Vehicle.
(ii) Technical report prepared by dealership and/or authorised dealer and/or any other party.
14.8 In case of any accidents/damages, any costs, expenses or losses pursuant to out of court settlement initiated or accomplished by the User with the third parties, without written consent of Car2Drive, shall be solely borne by the User.
15.1 All the traffic violations by the User shall be notified to the authorised representative of the Car2Drive as soon as possible within the prescribed deadline of such violation.
15.2 You are responsible for any traffic violations incurred due to Your inappropriate use of the Vehicle. This includes, but is not limited to, unauthorised parking, excess speeding, breaking red light, photo enforcement, and toll violations. You are solely liable for all costs imposed due to any such violation during the concurrence of Your trip/ride/Booking, including fines for late payment and any processing fees added by the respective regulatory authority. You are liable for payment of all tolls and any fines for toll evasion/ interstate taxes etc. You must report such violations to a Car2Drive representative, as soon as possible, within the prescribed timeline for the violation (for example, if the case is being taken to court). Car2Drive will notify the User immediately by email after it comes to know about any of such violation and the User shall forthwith pay the relevant fine/s to the authority concerned and provide Car2Drive with the proof of such payment, failing which Car2Drive will pay those amounts and the User shall reimburse the same to Car2Drive at earliest. However, where the User has personal knowledge of such violations, Car2Drive will not be obligated to provide the User with the notification as above, but User’s obligation to pay the relevant fine/s and notifying Car2Drive of such compliance will continue as aforementioned.
15.3 You must submit all toll receipts, inter-tax receipts etc to Car2Drive in a timely manner. The User shall be liable for all the fines and expenses incurred on the same during the booking period.
15.4 You must notify Car2Drive of any traffic violation notices/ interstate tax violation notices found on the Vehicle at the time of Vehicle pick up.
15.5 You must not leave the Vehicle in a zone which has parking restrictions. If You leave the Vehicle in such a restricted zone, you must immediately notify Car2Drive, and You will be responsible for any and all violation notices or towing charges incurred by Car2Drive. Additionally, financial penalties will be levied against the user for any inconvenience caused to other customers, loss of revenue to Car2Drive if the Vehicle is unavailable for its other scheduled Booking because of such parking violations as set out in the Fee Policy.
16.1 User, including but not limited to Your properties, legal heirs, etc (in case of Your absence) agree and undertake unconditionally and irrevocably to indemnify and hold harmless Car2Drive and its parent company, directors, employees, officers, representatives and agents, from and against all losses, third party claims, damages, liabilities, injuries, demands, costs and expenses (“ Losses ”) arising out of, or as consequence of:
(i) Your breach of any of the provisions of the Agreement;
(ii) Infringement of any third party’s intellectual property by You;
(iii) Fraudulent and negligent actions by You; and
(iv) Your breach or contravention of any applicable law in India.
You including but not limited to your legal heirs/ representatives/ guardians shall have final responsibility to Car2Drive for all such Losses.
16.2 Notwithstanding anything contained in this Agreement, under no circumstance will Car2Drive be liable to any third-party for indirect, incidental, special, or consequential damages arising from or related to this Agreement or use of Car2Drive vehicles and availing of service by the User. The maximum limit of Car2Drive’s liability (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) to the User or to any third party under this Agreement, for any and all claims shall not in exceed the amount of Booking fees paid by the User and other sums arising out of this Agreement, at that time.
16.3 The responsibility to indemnify set forth in this Clause shall survive the termination of this Agreement for any reason with regard to any indemnity claims arising in relation to the performance hereof.
17.1 Car2Drive captures, stores, processes and uses the User’s personal data, including, but not limited to, name, e-mail id, internet protocol address, copy of driving license image and duly attested colour image of Voter ID or Passport on the letter head of the electoral officer and police officer respectively under whose jurisdiction the address falls), and any other additional address cum identity proof, image of the customer, the usage and Vehicle data which relate to the User, to the extent this is necessary for the administration and implementation of this Agreement and the use of Our Vehicle by the User.
17.2 Should third-party services be used, we have the right to forward the User’s Personal data to Our third-party service providers, to the extent it is required to fulfil Our objectives.
17.3 We have the right to provide User’s personal data to third parties for the purposes of providing individualized offers, services, and other customized information / products to the Users.
17.4 We shall implement and maintain reasonable procedures for protecting sensitive personal information in compliance with applicable law.
17.5 We shall have the right to disclose User information to Our parent company and to all companies controlled by Us or any of its affiliates and to any government body as required by the law/ or by directive/ or request from any government body or to any third party deemed fit and proper by Us, in our sole and absolute discretion.
18.2 Car2Drive shall also use Web beacon or other technologies, often in conjunction with cookies, to enhance its Service on a number of pages of Car2Drive’s App/Website. A non-identifiable notice of a visitor’s visit to a page on Car2Drive’s site is generated and recorded, and which may be processed by Car2Drive or by Car2Drive’s suppliers. To disable some of these features, Users may disable cookies in the web browser’s settings. Web beacon and other technologies will still detect visits to these pages, but the notices they generate are disregarded and cannot be associated with other non-identifiable cookie information.
18.3 Links to third party App/Websites: Car2Drive’s App/Website may contain links to third-party App/Websites, products, and services. Information collected by third parties may include things as location data or contact details, as governed by the privacy practices. Car2Drive encourages its Users to learn about the privacy practices of those third parties.
18.4 Information Security: Car2Drive takes precautions – including administrative, technical, and physical measures – to safeguard its Users personal information against loss, misuse or theft, as well as against destruction, alteration, disclosure and unauthorized access but does not guarantee the complete security of such personal Information.
19.1 By accessing and using the App/Website, you represent to Us that:
(i) You are not a minor (under the age of 18 years) under applicable laws and You have the authority to enter into legal contracts; and
(ii) the information You have provided to Car2Drive during the registration process and thereafter, including all information relating to use of Vehicle(s), whether or not posted on the App/Website, is to the best of Your knowledge, complete, truthful and accurate.
19.2 You also represent and warrant that You:
(i) shall not allow any person who is not a User on the Platform to drive the Vehicle;
(ii) while handing over the Vehicle or taking back the Vehicle or dealing with the Car2Drive’s Users/ other User, shall not do such acts which are unethical, unprofessional, inappropriate, engage in physically or verbally abusive or threatening conduct or which would in any manner bother or cause any harm, loss or injury (physical, mental, financial or otherwise) to Car2Drive’s Users.
(iii) shall not take from Car2Drive’s Users any form of payment in cash or ask for any other advances in kind.
(iv) shall always deal in a professional manner with Car2Drive’s agents, Users, other Users and employees.
(v) have the full right and absolute authority to execute this Agreement and list the Vehicle on the App/Website in accordance with the terms of this Agreement.
(vi) in connection with Your use of or access to the App/Website, shall not and You agree not to advocate, encourage, request, or assist any third party to:
(a) harm or threaten to harm, Car2Drive’s end customers or any other Users, including "stalk" or harass them, or
(b) collect or store any personally identifiable information except for purposes of transacting in accordance with this Agreement.
19.3 Car2Drive may, at its sole discretion, with immediate effect and without notice, restrict, suspend or terminate Your access to the App/Website, upon Your breach or alleged breach of any of the above representations and warranties.
20.1 Any Dispute, controversy or claims by or between, Car2Drive and the User, hereto arising out of or relating to or in connection with terms and conditions of this Agreement or transactions contemplated on App/Website, or the breach, termination, validity of any term under this Agreement shall be referred to a sole arbitrator Who shall be appointed by Car2Drive in accordance with the Indian Arbitration and Conciliation Act, 1996. Any arbitration proceedings or award rendered hereunder and the validity, effect and interpretation of this Agreement to arbitrate shall be governed by the Laws of India. The venue of arbitration shall be Hyderabad, and the award shall be rendered in the English Language. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
(i) Subject to Sub-clause (ii) below, the courts in Hyderabad have the exclusive jurisdiction for the purpose of hearing and determining any litigation, suit, action or proceedings and/or to settle any disputes arising out of or in any way relating to this Agreement or its formation or validity.
(ii) Nothing in this Clause shall (or shall be construed to) limit the right of Car2Drive to initiate proceedings against any User in accordance with Section 20 of the Civil Procedure Code, 1908.
(iii) Notwithstanding anything contained in the foregoing Sub-clauses, the jurisdiction in relation to criminal proceedings shall be governed in accordance with the provisions contained in Chapter XIII of the Code of Criminal Procedure, 1973.
20.3 Users agree to pay reasonable attorneys' fees and costs to Car2Drive, in any legal proceeding relating to this Agreement, including appeals, where the respective court or forum pronounces the order in favour of Car2Drive.
20.4 Users must not aid or encourage the filing of any third-party claim or lawsuit against Car2Drive and must cooperate fully with Car2Drive and Car2Drive’s insurer in the investigation and defense of any claim or lawsuit. In any proceeding involving the User and Car2Drive as co-defendants, should Car2Drive determine in its sole discretion that the User’s independent attorney has not aligned its defense with that of Car2Drive, Car2Drive shall be entitled to call upon the User to change his attorney to one advised by Car2Drive and the User shall accordingly change his attorney at his own cost.
20.5 User must immediately notify and deliver to Car2Drive every summons, complaint, document, or notice of any kind received by the User in any way relating to an accident, theft, or other circumstances related to the Vehicle.
21.1 This Agreement is intended for the benefit of the User and Car2Drive and no other party may claim rights hereunder, whether as a third-party beneficiary or otherwise.
21.2 Independent Contractors: Each party shall at all times be considered as an independent contractor and shall have no authority to assume or create any obligation whatsoever express or implied, in the name of the other party or to bind the other party in any way or manner. Nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party, or to create any fiduciary relationship between the parties.
21.3 Severability: If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, such provision shall be modified to the extent necessary to render it, as modified, valid and enforceable under applicable laws and such invalidity or unenforceability shall not affect the other provisions of this Agreement.
21.4 Entire Agreement: This Agreement (including but not limited to the web-links hereto representing the Agreement, Fee Policy, Eligibility Criterion, Commercial and Operating Terms, etc.) constitutes the full and entire understanding and agreement between the Parties with respect to the subject matter hereof, and any other written or oral agreements relating to the subject matter hereof existing between Car2Drive and User are expressly cancelled. You agree to not rely on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to entering into this Agreement.
21.5 No Waiver: No term contained in this Agreement may be changed or waived, except in writing signed by an expressly authorized representative of Car2Drive. No waiver of default by You of any of the terms and conditions of this Agreement shall be construed as a waiver of any prior or subsequent default of any of the obligations, terms and conditions in this Agreement.
21.6 Assignment or Transfer: The rights granted to Users under this Agreement are not assignable or transferable, in whole or part. Any attempt to transfer this Agreement without the written consent of Car2Drive shall be void and of no force and effect. Car2Drive reserves the right and can at its absolute discretion can assign the rights and obligations under this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
21.7 No Agency: Users will never be deemed to be Car2Drive’s agent, servant, or employee in any manner for any purpose whatsoever.
21.8 Further Assurance: Each party shall cooperate with the other party and execute and deliver to the other parties such instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights hereunder and the intended purpose of this Agreement and to ensure the complete and prompt fulfilment, observance and performance of the provisions of this Agreement and generally that full effect is given to the provisions of this Agreement.
21.9 Force Majeure: If performance of any Service or obligation under the terms and conditions of this Agreement or any other provisions of the policies of the App/Website, or other third parties in fulfilment of transaction (for e.g. home deliveries of vehicles, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this Clause, which are beyond the reasonable commercial control of Car2Drive or its third parties performing such services as sub-contractor to Car2Drive and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Car2Drive shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Car2Drive shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
21.10 Notices / Communications: When You use the App/Website or send emails or other data, information or communication to Car2Drive, you agree and understand that You are communicating with Car2Drive through electronic records and You consent to receive communications via electronic records from Car2Drive periodically and as and when required. Car2Drive will communicate with You by email or by notices on App/Website or electronic records on the App/Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
21.11 Feedback and Information: Any feedback You provide to Car2Drive shall be deemed to be non-confidential. Car2Drive reserves the right to use such information without any restriction. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of anybody including you and third parties; (ii) Car2Drive is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Car2Drive may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Car2Drive for the feedback under any circumstances.
To clarify, Car2Drive may at its discretion, make any modifications or changes to the App/Website, content and / or services based on such feedback, however Car2Drive shall not be obliged to do so. Further, in the event that Car2Drive makes any changes or modifications to the App/Website, content and / or services on the basis of any such feedback, you shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the App/Website, content and / or services. You expressly waive any and all rights in such changes or modifications to the App/Website, content and / or services, and assign to Car2Drive, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the App/Website, content and / or services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the App/Website, content and / or services.
22.1 Car2Drive may immediately suspend or terminate the use of its service by any User who does not meet Car2Drive’s driving eligibility requirements or for any unreasonable or inappropriate use of a Car2Drive vehicle, as determined by Car2Drive in its sole discretion or for violation of any of provisions mentioned in this Agreement.
22.2 This Agreement shall continue to apply until terminated in accordance with this Clause.
22.3 If You want to terminate Your agreement with Car2Drive, You may do so by (i) Accessing the App/Website; or (ii) Closing Your Account for all of the Bookings, where Car2Drive has made this option available to You, as the case may be.
22.4 We shall have the sole discretion to suspend or terminate this Agreement by providing 30 days’ prior notice to You. However, we may, at any time, with or without notice, suspend or terminate this Agreement if:
(i) We required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
(ii) the provision of the Services to You by Car2Drive is, in Our sole discretion, no longer commercially viable;
(iii) the Vehicle is being used for a commercial purpose and not for Your personal use, determined in Our sole discretion;
(iv) Car2Drive has elected to discontinue, with or without reason, access to the App/Website, the Services (or any part thereof);
(v) default in payment of Booking fees as per terms of this Agreement;
(vi) violation of any terms, conditions and obligations of this Agreement; or
(vii) in the event Car2Drive faces any unexpected technical issues or problems that prevent the App/Website and / or Services from working.
(viii) Other unforeseen circumstances.
22.5 The User hereby agrees that any violation by You of the Agreement will cause irreparable harm to Car2Drive, for which monetary damages may be inadequate, and You consent to Car2Drive obtaining any injunctive or equitable relief that Car2Drive deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies which Car2Drive may have at law or in equity.
22.6 Upon termination of the Agreement, the Booking shall end, and the User shall handover the Vehicle to Us. Car2Drive shall in no way be responsible for any liabilities in relation to the Vehicle.
22.7 Car2Drive may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Termination of Your Account may include: (i) removal of access to all offerings within the App/Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any content uploaded by You; and (iii) prohibiting further use of the Services.
22.8 You also agree that any violation by You of the Agreement will cause irreparable harm to Car2Drive, for which monetary damages may be inadequate, and You consent to Car2Drive obtaining any injunctive or equitable relief that Car2Drive deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies which Car2Drive may have at law or in equity.
22.9 Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Car2Drive chooses to terminate them.