Pay-out Cycle	Pay-out shall be disbursed to the Host on completion of the trip (within 12-24 hours) and any further charges and refunds shall be reconciled on a weekly basis.
Lease Rental & Pay-out to the Host	Bharat Car shall compute the rental of the vehicle (the “Lease Rental”) as follows: Lease Rental payable is calculated by ->= (Lease Rental taken from the Lessee throughout the booking period) minus (Bharat Self Drive Car Facilitation Fee) minus (Applicable GST/Income Tax) minus Additional charges for add-on services (if any opted by Host). : Facilitation Fee for Bharat Car shall be equal to 30 percent of the Revenue from Booking /Rental, with adjustments as provided elsewhere in the terms & conditions. For the above computation of Revenue, the revenue from Lessees shall include only the following amounts charged to the Lessee using the vehicle: Per hour tariff charged by Bharat Car (excluding any additional charges or penalties applied) for the actual number of hours Lessees have used the Vehicle (less any discounts given to the Lessees) Note: (i) Lease Rental calculated as above shall be inclusive of all applicable taxes. (ii) Bharat Car shall calculate the Lease Rental based on factors like vehicle type, trip duration etc, on behalf of the Host (iii) Any payments made to Host shall be net of deductions for applicable taxes as per prevailing regulations.
Signup Bonus	The Host shall be eligible for any signup bonus pertaining to the promotional offers applied at the time of signing up on the Platform. The signup bonus shall be credited to the Host soon after the Host has successfully served/completed at least 5 bookings on the Bharat Car Platform.
Referral Policy	Benefit – Both referrer and referee will get the referral bonus as applicable at the time when the referee registers for the Host program. The benefits can only be availed on successful onboarding of the referee and soon after the referee successfully served/completed at least 3 bookings on the Bharat Car Platform. on the platform and would be added with the next pay-out cycle as referral bonus for both the referrer and the referee. The referrer will not get the referral bonus if the referee has terminated from the program.

Any change in scheduled booking of vehicle after the listing on Bharat Self Drive Car Platform shall be governed by Host Strike Policy. Kindly refer the link for more details:https://www.bharatselfdrivecar.com/blog/hosting-standards-guidelines-to-be-followed-while-hosting-your-car/

Fuel (Fee chart by	Host shall ensure that the vehicle is refuelled to full capacity at the start of every booking. In case the Lessee returns the vehicle with lower fuel level than that at the time of trip start, the Lessee will be charged as per actuals and the same will be passed to the Host.
Cleaning	Host shall be responsible for ensuring that the Vehicle is provided to any Lessee in a clean condition. If Host does not provide the vehicle in a clean and hygienic condition to any Lessee, the Host is liable to pay a cleaning fee of up to INR 1000 (One Thousand) to compensate for the cleaning done by the Lessee.
Service & Maintenance	In the event the Vehicle meets with an accident while in the possession of the Guest, Bharat Car shall inform the Host about such incident. Bharat Car will assist the Host in getting the vehicle repaired at the garage owned by Bharat Cars. Bharat Car shall settle such cost of such repair directly and/or transfer the damage amounts recovered from Guest (if recovered, any).
Late Return Fee	For late delivery of the Vehicle post completion of a trip, the Host shall be entitled to Late Fee as imposed on the Lessee for such time until which the Bharat Car fleet executive retrieves the Host’s Vehicle or up to 8 hours (whichever is lesser). Thereafter, if the vehicle is still not returned the Host shall be entitled to Downtime as mentioned hereunder.
Exchange Policy	In the event that the Guest wishes to exchange the leased vehiclde due to explainable causes the same shall be informed to Bharat Car platform within 1 hour (one) after the trip starts and/or before completion of 10kms of the trip or whichever is earlier. Post one hour and completion of 10kms of the trip the exchange policy will cease to exist and thereafter Bharat Cars shall not be responsible for any exchange request made by the Guest.
Downtime	For the time during which the Vehicle is pending return to the Host but has already been retrieved by Bharat Car fleet executive, the Host shall be entitled to a downtime of INR 500 per day for a maximum of 15 days. For the time that a vehicle is in workshop due to an accident caused by a Lessee during a booking or if the Vehicle is unavailable due to theft, the Host shall be available for a downtime of INR 500 per day for the number of days the vehicle is in the workshop upto a maximum of 3 weeks. The Downtime conditions for accident and theft is more particularly provided under the Damage Policy . Downtime shall be credited to the Host in the next pay-out cycle.

Note: Please note that any payments owed by Hosts under this Fee Policy or other applicable policies will be deducted from the Pay-Outs . If the Pay-Outs does not cover such payments, the balance must be paid by the Host electronically within 24 hours of the booking end time or Listing Period (as applicable), as per Bharat Car’s payment instructions. All charges mentioned here are inclusive of GST wherever applicable.

C2C Terms and Conditions – Host & Renter

(i) TERMS AND CONDITIONS FOR HOST & Guest

Welcome to Bharat Car Host Services (“Bharat Car Host Services”) located at www.Bharat Car.com (the “Site”) and the mobile application (the “App”). The Site and App (each the “Platform”) are owned and operated by Bharat Car India Private Limited, a company incorporated under the Companies Act 1956, having its registered office at 005 G/F, Kothari Pole, Mamu Nayak Ni Pole, Gandhi Road (Ahmedabad) Ahmadabad City Ahmedabad Gujarat – 380001 India (also referred to as “Bharat Car”, “we,” “us,” or “our”). All access and use of the Platform and the services thereon are governed by our general Platform terms, (the “General Terms”), privacy policy available at https://www.bharatselfdrive.com/host-policy?tab=privacy (the “Privacy Policy”), fee policy (“Fee Policy”) and service specific terms.

These Terms of Service, including specific terms and conditions applicable to the Hosts and Guests and Add-on Services (this “Agreement”/ “Host T&C”) read together with the Privacy Policy, Fee Policy and other applicable policies (“Governing Policies”), collectively create the legally binding terms and conditions on which Bharat Car offers to you or the entity you represent (“you”, “User” or “your”) the Bharat Car Host Services (defined below), including your access and use of Bharat Car Host Services.

Please read each of Governing Policies carefully to ensure that you understand each provision and before using or registering on the website or accessing any material, information or availing services through the Platform. If you do not agree to any of its terms, please do not use the Platform or avail any services through the Platform. The Governing Policies take effect when you click an “I Agree” button or checkbox presented with these terms or, if earlier, when you use any of the services offered on the Platform (the “Effective Date”). To serve you better, our Platform is continuously evolving, and we may change or discontinue all or any part of the Platform, at any time and without notice, at our sole discretion.

(ii) PRIVACY PRACTICES

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy https://www.bharatselfdrive.com/host-policy?tab=privacy to ensure that your personal information is sufficiently protected. We encourage you to read it to better understand how you can update and manage your information on the Platform.

(iii) AMENDMENTS / MODIFICATIONS

Bharat Car reserves the right to change the particulars contained in the Agreement from time to time and at any time. If Bharat Car decides to make changes to the Agreement, it will post the new version on the website and update the date specified above or communicate the same to you by other means. Any change or modification to the Agreement will be effective immediately from the date of upload of the Agreement on the Platform. It is pertinent that you review the Agreement whenever we modify them and keep yourself updated about the latest terms of Agreement because if you continue to use the Bharat Car Host Services after we have posted modified Agreement, you are indicating to us that you agree to be bound by the modified Agreement. If you don’t agree to be bound by the modified terms of the Agreement, then you may not use the Bharat Car Host Services anymore.

(iv) BHARAT CAR HOST SERVICES

Bharat Car Host Services is a marketplace feature of the Platform more particularly described below. that helps owners of vehicles (“Hosts”/ “Lessors”) connect with users in temporary need of a vehicle on leasehold basis (“Guest”) for their personal use (“Bharat Car Host Services”). Bharat Car does not itself lease or deal with such vehicles in any manner whatsoever and only provides a service connecting the Hosts to the Guests so they may enter into a Lease Agreement (defined below). You understand and agree that Bharat Car is not a party to the Lease Agreement entered into between you as the Host of the vehicle or you as the Guest of the vehicle, nor is Bharat Car a transportation service, agent, or insurer. Bharat Car has no control over the conduct of the Users of the Bharat Car Host Services and disclaims all liability in this regard.

Bharat Car Host Services aims to establish and provide a robust marketplace of reliable Hosts and Guests. Although Bharat Car Host Services provides support for the transaction between Hosts and Guests, we do not guarantee the quality or safety of the vehicles listed on the Platform, nor can we guarantee the truth or accuracy of any listings, or whether Hosts and Guests will consummate a transaction, including the completion of any payment obligations.

(v) SERVICES INFORMATION

Bharat Car Host Services comprises of (a) the marketplace feature of the Platform https://www.Bharat Car.com/zap/subscribe/host that enables Hosts and Guests satisfying the applicable eligibility criteria listed below to connect with one another for leasing of vehicle for personal use; and (b) support/facilitation services for leasing including, among others, assistance with execution of the lease agreement, payment facilitation, vehicle cleaning/sanitization, vehicle delivery, on-road assistance, prospective Guest diligence and vehicle usage/location tracking (“Add-on Services”); and (iii) web widgets, feeds, mobile device software applications, applications for third-party web sites and services, and any other mobile or online services and/or applications owned, controlled, or offered by Bharat Car. Bharat Car attempts to be as accurate as possible in the description of the Bharat Car Host Services. However, Bharat Car does not warrant that the Bharat Car Host Services, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Platform may contain typographical errors or inaccuracies and may not be complete or current.

Bharat Car reserves the right to correct, change or update information, errors, inaccuracies, subjective conclusions, interpretations, views, opinions or even human error, or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies, or omissions may also relate to availability and Bharat Car Host Services. The user of the Bharat Car Host Services shall not hold Bharat Car liable for any loss or damage relating to the same.

(vi) USE OF BHARAT CAR HOST SERVICES

While you may use some section/features of the Platform without registering with us, to access the Bharat Car Host Services you will be required to register and create an account with us. Thereafter, only by the Hosts and Guests satisfying the applicable eligibility criteria (listed below) will be able to use the services subject to the terms and conditions of this Agreement.

(vii) ELIGIBILITY

The Bharat Car Host Services are intended solely for users who are 18 years or older and satisfy user specific criteria below. Any use of the Bharat Car Host Services by anyone that does not meet these requirements is expressly prohibited.

Host/Vehicle Eligibility Criteria
The Host must have valid passport and/or other form of government issued identification document.
The vehicle(s) proposed to be listed must be eligible non-transport or private personal use vehicle registered solely in your name. At the time of listing the vehicle(s) being listed should also not have any pending insurance claims and/or other on-going litigations, legal claims or any other claims that may arise in tort or law.
Your vehicle must be registered, located in the state in India where is sought to be listed and have valid registration certificate issued by relevant regional transport authority under Motor Vehicles Act, 1988 (“MVA”).
Your vehicle must be less than 8 years old and should meet all legal requirements of the state of its registration and usage.
Your vehicle must be clean, well maintained and have the basic accessories, including safety device as per our maintenance, component and safety standards/equipment specifications attached hereto as Annexure I.
You must abide by our exclusivity policy, which mandated that vehicle you list on Platform must be exclusively shared on the Platform and can’t appear on another car sharing/leasing platform.
Your vehicle must meet our minimum insurance requirements of having Third Party Comprehensive Insurance as is mandated under Motor Vehicle Act, 1988.
Your vehicle must have fewer than 100000 kilometers and have never been declared a total loss.
You must have fitment of the In-Vehicle Devices in your vehicle to ensure safety and tracking of the vehicle.

Guest Eligibility Criteria
The Guest must have a valid driving license issued by appropriate authority under Government of India.
The Guest must have valid passport, Aadhar number and/or other form of government issued identification document.
The Guest must be legally solvent with a minimum monthly income of not less than INR 25,000 as substantiated by bank account statement of 6 months.
The Guest must have no recent vehicle accidents in the last year, major traffic violations in the last 6 months, more than 2 recent moving violations and history of non-payment of failure to pay.
The Guest must have a clean criminal record, including but not limited to no felony(s), no violent crime(s), theft(s) or offence related to prohibited substance(s).

(viii) REGISTERING AND CREATING YOUR ACCOUNT

To access and use the Bharat Car Host Services, you shall have to open an account on the Platform with a valid email address by providing certain complete and accurate information and documentation including but not limited to your name, date of birth, , an email address and password, and other identifying information as may be necessary to open the account on the Platform. Each user may open and maintain only one account on the Platform

Please see below an indicative list of documents that you will be required to submit as part of the registration process on the Platform. Bharat Car may on a need basis request submission of additional documents as well, as it may deem necessary for facilitation of Bharat Car Host Services.

For Hosts:

Registration Certificate.
Pollution Under Check Certificate.
Car Insurance.(Comprehensive Insurance)
Current Address Proof. (Rent Agreement/Company Allotment Letter etc.)
Valid Government ID Card (Aadhar, Voter’s ID, Passport etc)
PAN Card

For Guest:

Valid Driver’s License.
Valid Government ID Card (Aadhar, Voter’s ID, Passport etc)
Cancelled Cheque in name of the Host
Current Address Proof. (Rent Agreement/Company Allotment Letter etc.)

Once you have created an account with us, you are responsible for maintaining the confidentiality of your username, password, and other information used to register and sign into our Platform, and you are fully responsible for all activities that occur under this username and password. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at Host.support.in@bharatcar.com If you interact with us or with third-party service providers, you agree that all information that you provide will be accurate, complete, and current. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party.

By registering on the Platform, each applicant i.e., the Host and the Guest authorizes Bharat Car and Bharat Car reserves the right, in its sole discretion, to verify the documents submitted by such applicant through the Platform. Bharat Car may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Bharat Car to request, receive, use, and store such information in accordance with our Privacy Policy. Further, Bharat Car reserves the right, at its sole discretion, to suspend or terminate the Bharat Car Services to any of the registered users while their account is still active for any reason whatsoever. Bharat Car may provide any information necessary to the Hosts, insurance companies, or law enforcement authorities to assist in the filing of a stolen car claim, insurance claim, vehicle repossession, or legal action.

EACH HOST AND GUEST ACKNOWLEDGES AND AGREES THAT NEITHER BHARAT CAR NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TOWARDS ANY: (1) USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USERNAME OR PASSWORD; (2) PERSONAL BELONGINGS WHICH IS CLAIMED BY GUEST TO BE LOST OR STOLEN ONCE THE BOOKING PERIOD ENDS; AND (3) THE UNAUTHORIZED USE OF YOUR USERNAME AND PASSWORD FOR YOUR PLATFORM ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH BHARAT CAR AND OTHER USERS.

(ix) ONBOARDING VEHICLE & LIsTING BY THE HOST

Once the user account is created, Hosts can onboard and list their vehicle(s) on the Platform for leasing by following the single steps available here https://www.Bharat Car.com/zap/subscribe/host .

Each such listing shall have a defined start time and end time (such period from the Start Time to the End Time being called the “Listing Period”) and choice of Designated Location (as specified below).

Listing can be created from the Platform at least 1 hour in advance. Host shall ensure the availability of the vehicle at the Designated Location for bookings during a Listing. Each Listing Period shall be for a minimum of 24 hours and a maximum period of 1 year.

Cancellation / Rescheduling of a Listing: Host shall have the right to cancel or reschedule a listing at any point of time. Charges, as stipulated in the Fee Policy shall be applicable on cancellation or rescheduling of a Listing under certain conditions.However, in case where there are multiple cancellations in Guest booking/s due to Host/s misdemeanour or unwarranted cancellations by the Host himself, Bharat Car at its sole discretion, shall have the right to terminate Host from its platform and delist any/all vehicles listed on the Platform by such Host

Designated Location: The vehicle shall be parked at Host’s own location. Host shall ensure that the vehicle is parked in a clean, safe and clearly identifiable location (a “Designated Location”). Host shall have the option of specifying up to 2 (two) Designated Locations within the city limits. Host shall provide Bharat Car detailed directions to the Designated Location(s) for ensuring that Guests are able to find and access the vehicle. If a Designated Location has restricted access, Host shall ensure that Guests are able to access the location for a booking to make the pickup process seamless.

For the use of listing service, you shall allow the personnel/representatives of Bharat Car to visit your premise for assessment of your vehicle and installing the In-Vehicle Device in your vehicle to ensure its complete safety. Upon installation / fitment of the In-vehicle Device the vehicle will be returned to the location designated by you. You hereby unconditionally agree not to tamper or remove such In-Vehicle Devices. You further agree and acknowledge that such installed In-vehicle Devices may require minor modification from time to time and you shall provide full access of the vehicle to Bharat Car or any other party appointed by Bharat Car for the purpose of modification of such devices. In case you remove or otherwise tamper the In-vehicle Devices, you shall be liable to pay Bharat Car the actual cost of such In-vehicle Device. Bharat Car further reserves the right to deduct the foregoing amount from amount to be paid by Bharat Car to you. Both Host and Guest acknowledge and accept that Bharat Car shall not be liable for any consequential damages arising due to such unauthorized removal and/or tampering of In-vehicle Device by either of the parties For the purpose of this Agreement, “In-Vehicle Devices” means and includes the various devices selected by Bharat Car to be installed in the vehicle for the security, safety, tracking and health monitoring of the vehicle.

Host hereby expressly consent to any consequential loss and warranty loss such as OEM “Original equipment Manufacture” warranty that you may suffer, as a result of fitment of the In-vehicle Device in the vehicle. Bharat Car will compensate the Host for any consequential losses to the electrical wiring as may be included in the Electrical Warranty provided by the OEM which occurs during the period the vehicle is in use by the Guest on account of the same. Notwithstanding the foregoing Bharat Car will not provide any compensation upon termination of this Agreement or your account for any other reason whatsoever. You will not fit any other devices in the vehicle other than the In-Vehicle Devices, whether for customer privacy, GPS or otherwise. Upon termination of this Agreement for any reason whatsoever, Bharat Car will be authorised to remove In-Vehicle Device installed in the vehicle and any failure to do so due to a reason attributable to you, will result in a penalty on you as per the Fee Schedule.

Further, you acknowledge and accept that Bharat Car collects GPS and driver behaviour related data through the In-Vehicle Devices and that the same will be collected even when you are using it for your personal use due to fitment of In-Vehicle Device in your Vehicle. You hereby agree and expressly consent that Bharat Car shall be allowed to collect such aforementioned data until removal of the In-Vehicle Device from the Vehicle.

Once the vehicle onboarding process is complete the Vehicle will be listed on the Platform. Your Host listing page will also include information such as your city and area detail where the vehicle is located, your listing description, your public profile photo, your responsiveness in replying to Guests’ queries, and any additional information you share with other users via the Platform.

Recovery of In-Vehicle Devices: The Host acknowledges and agrees that the ownership of these In-Vehicle Devices shall vest in Bharat Car at all times and the Host shall be entitled to use such devices on payment of the “Device Management Fee” as long as the Vehicle is listed on the Platform. Host acknowledges and agrees that Bharat Car shall at its discretion have the right to terminate/delist Host Vehicle from the Platform. Upon termination/delisting of his/her vehicle from the Platform, the Host shall make the vehicle available for removal of the In- Vehicle Devices. In the event Host fails to adhere to the reminder/requests of Bharat Car and evades requests to present the car for recovery/removal of devices to Bharat Car, the Host hereby unequivocally authorizes and consents to Bharat Car and its representatives can remove such devices with/without the Host’s presence upon termination/delisting of the vehicle. The Host understands and agrees that Bharat Car and/or its representatives may enter the vehicle, without further consent and take such steps as may be necessary for removal of these devices. Host shall not hold Bharat Car liable or accountable for any damages arising due to removal of such device.

By listing a vehicle, Hosts are agreeing to (i) provide true and accurate information and are representing that the information that they are providing is accurate; (ii) that the photos, contained in the listing are actual photos of the vehicle being advertised, and that they are not misrepresenting their vehicle in any way; (iii) maintain only one active listing, per vehicle, at a time; (e) truthfully represent any claims or allegations of damage; and (f) work in good faith to resolve any disagreement with Bharat Car and the Guests.

(x) ONLINE BOOKING

Once your account is created on the Platform, the Guest will receive confirmation of successful creation of Guest account from Bharat Car. Thereafter, the verified Guests can view the vehicles listed on the Platform and send a booking request for your vehicle via the Platform.

The Guest will be able to (i) book the trip to start at any time of the day subject to availability; and (ii) choose a start time of the trip from the next hour from the time of the booking.

Upon receipt of booking request in relation to a vehicle, Bharat Car shall confirm such booking and communicate details of the final booking with the Host and the Guest through an email, text message or message via the Platform confirming such booking.

By accepting these terms relating to the online booking process, the parties hereby acknowledge and agree that (i) each of the Host and Guest accept the conditions for listing the vehicle on the Bharat Car Platform and use of Bharat Car Services. (ii) Bharat Car is merely a facilitator and any arrangements entered into between Host and Guest through this Platform or otherwise is solely at their’ own risk and expense.

(xi) VEHICLE OWNERSHIP

The parties, specifically the Guests understand that this Agreement only grant rental/usufructuary/ limited rights of use over the vehicle, and all along the absolute and unencumbered ownership of the vehicle for all intent and purposes, including for regulatory requirement under the applicable laws in India, will remain with the Host. This Agreement will cover all terms of listing and availing of Bharat Car Host Services and the Lease Agreement (as defined under) shall cover the terms of the subsequent booking as agreed between the Host and the Guest, including Damage Protection Fee (defined below), liability for violations, theft/accident, confiscation of vehicle, insurance, issues related to the use of the vehicles, and so on. It is hereby clarified, and the Host and the Guest acknowledge that Bharat Car is not the owner of the vehicles listed on its Platform and is merely a facilitator as provided under this Agreement.

(xii) LEASE OF VEHICLE

Upon acceptance of the booking by the Host, the Host and Guest will be required to duly enter into a standard lease agreement (“Lease Agreement”) to formally execute the terms and conditions and commercials for such booking to ensure compliance with the requirements of applicable law. Bharat Car shall assist both the Host and the Guest with the electronic execution and record keeping as a part of its Bharat Car Host Services. The Guest understands and accepts that the trip cannot start unless the Lease Agreement is duly executed over our Platform.

The Host hereby acknowledges and agrees that by accepting the terms of this Host T&C, all Lease Agreements that are executed over the Platform with any Guest for the Host’s vehicle bear the Host’s express consent and such Lease Agreement shall constitute a binding agreement between the Host and the Guest. The Host also acknowledges and agrees that he/she is cognizant of the terms of all such lease agreements and the corresponding booking details that have been executed over the Bharat Car Platform for the particular trip. The Host shall receive a copy of the executed Lease Agreement through email along with the booking details soon after the same has been executed by Guest upon the Platform.

The Lease Agreement will cover all terms of lease as agreed between the Host and the Guest (collectively the “parties”) including Lease Rental, Damage Protection Fee (defined below), liability for any traffic and/or parking violations, theft/accident, confiscation of vehicle, insurance, issues related to the use of the vehicles, Guest’s obligations, dispute resolution and so on. Upon execution of the Lease Agreement and delivery of the Vehicle to the Guest, the Host shall constitute the demise of the vehicle to the Guest (defined as “Guest”, on the terms and conditions contained therein (“Lease Agreement”).

By utilizing a separate Lease Agreement or otherwise displaying terms relating to the lease as part of the online booking process, the parties hereby acknowledge and agree that (i) such separate Lease Agreement is directly between the Guest and the Host; (ii) the Bharat Car is not party to such separate Lease Agreement, (iii) Lease Agreement executed, is solely at the parties’ own risk and expense, (iv) nothing contained in the Lease Agreement, on the Platform or this Agreement is a substitute for the advice of a legal counsel and (v) the parties have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary the Lease Agreement to ensure compliance with applicable laws. If there is any conflict between the terms of a separate Lease Agreement and this Agreement, the terms of this Agreement shall prevail.

(xiii) OFFLINE ARRANGEMENTS

Any instances where the Host and the Guest enter into a lease, rental or similar/analogous arrangement involving the hiring/sharing/renting of the listed vehicle (by whatever name called) with an intention to circumvent the Platform, while using, attempting or intending to wrongly benefit from Bharat Car Host Services or any other services on the Platform, including without limitation, the additional insurance coverage (herein any such arrangement to be referred as (“Offline Arrangements”) shall be contravention of this Agreement. Please note that such Offline Arrangements are not permitted for vehicle/s listed on the Platform. If any such offer to lease a listed vehicle outside the Platform, is made to/by either Parties (Host or the Guest), the same should be reported to Bharat Car immediately. If you fail to follow these requirements, you may be subject to a range of actions, including limits on your access to Bharat Car Host Services and other services, restrictions on listings, suspension of your account, application of Facilitation Fees, and recovery of our expenses in policy monitoring and enforcement. Furthermore, Offline Arrangements are explicitly excluded from any Bharat Car offered insurance coverage or claims and Bharat Car shall in no case be held liable for any damages (direct or indirect), consequential losses, loss of profit/business as faced by Host or the Guest entering into such an arrangement.

(xiv) VEHICLE DELIVERY

Soon after execution of the Lease Agreement the Host shall:

have the vehicle is cleaned, sanitized and kept ready for delivery (including servicing and routine maintenance) as per our maintenance, component and safety standards/equipment specifications in Annexure I or opt for Bharat Car’s Add-on Service in this regard, details and terms available on the website
keep the vehicle Key(s), original documentation of the Vehicle, including the registration certificate, Vehicle Insurance policy, Pollution Under Control (PUC) Certificate and other mandatory documents, if any, prescribed by the relevant authorities under Applicable Laws (the “Vehicle Documentation”) ready for delivery.
ensure that the vehicle is delivered Guest at the Designated Location and at the specified time.
The Guest can opt to take delivery of the vehicle, vehicle key(s) and Vehicle Documentation from the Designated location on the agreed Delivery Date or opt for our Delivery Add-on Service (for contactless vehicle delivery to your doorsteps. If the Guest opts for home delivery of the vehicle, any risk, damages to the vehicle in transit to the Guest’s location will be treated as an accident case and the repair will be covered as per the insurance policy.

The Guest must be present in-person to take or receive the delivery of the vehicle. The Guest must examine the vehicle before accepting its delivery and shall deemed to have satisfied himself as to its condition and suitability for his/her purpose, and its compliance with any prescribed safety standards. After the delivery, any fault in the car shall be dealt with in accordance with the terms of the Lease Agreement.

Cancellation of Booking / Reduction of Booking Period: If the Guest wishes to cancel a booking or reduce the booking period for which the vehicle has been reserved, Guest must do so in advance, in pursuance of the Fee Policy. Furthermore, if the Guest refuses and/or is unable/unwilling for any reason to accept delivery of the vehicle, the booking shall be automatically cancelled and the any Lease Rental paid in advance shall stand forfeited to compensate the Host for the costs, charges, expenses, losses incurred by the Host arising out of such an action of the Guest, in pursuance of the Fee Policy. In case of any loss suffered by the Guest due to non-delivery, delay in delivery, failure in delivery, the Guest will not hold Bharat Car responsible for such loss.

(xv) VEHICLE USAGE TERMS

The vehicle shall be driven only by the Guest and used in a prudent and careful manner solely for Guest’s personal use within the territory specified in the Lease Agreement (“Permitted Territory”), in strict compliance with the requirements of the applicable Laws of India and the conditions of the Lease Agreement (the “Permitted Use”).

Other than the Permitted Use, all other uses of the vehicle including the usages as listed in the Lease Agreement (by the Guest and/or any other person(s) directly or indirectly acting through, authorised by or on behalf of the Guest), are strictly prohibited (the “Prohibited Uses”) and shall result in immediate termination of the Lease and Bharat Car Host Services without any notice to the Guest. The Prohibited Uses shall more particularly be described in the Lease Agreement between the Host and the Guest.Notwithstanding anything contrary to the above, Guest shall, at all times be liable to compensate Host during the Booking Period for any/all deliberate damages caused to the vehicle by Guests an/or any of his/her co-driver or any other person who was permitted to drive the vehicle by the Guest .

(xvi) FACILITATION FEE, DAMAGE PROTECTION FEE, FIXED PAYOUT AND LEASE RENTAL

Facilitation Fee:

Bharat Car shall be entitled to charge the Host a fee in lieu of provision of Bharat Car Host Services (“Facilitation Fee”). This Facilitation Fee shall be calculated as a certain percentage (more particularly described in Fee policy) of the Rental. The Facilitation Fee shall be deducted from the Lease Rental at the time of pay-out to Host.

Platform Fee:
Bharat Car shall be entitled to charge the Host a fee of INR 500 per month in lieu of the safety and operational expense of Host’s car (“Host Platform Fee”). The Platform Fee shall be deducted from the Lease Rental at the time of pay-out to Host.
Further, at the time of booking Guest shall pay a fee of INR 99 per booking (“Guest Platform Fee”) in lieu of the services provided to the Guest on Bharat Car Platform. The Platform Fees shall be payable by Guest in addition to the Damage Protection Fee payable at the time of booking a vehicle.
Damage Protection Fee:

At the time of booking a vehicle, the Guest shall have to pay upfront a fee for insuring the vehicle at the time of the trip and (“Damage Protection Fee”). Bharat Car shall facilitate such protection plan from time to time on payment of such Damage Protection Fee.

Pay-out to the Host:

For the first 3 months from onboarding of the vehicle (“Initial Pay-out period”), the Host shall be eligible to a pay-out solely on basis of the period for which the Host has listed the vehicle on the Platform This pay-out shall be calculated as a fixed amount on an hourly basis, shall vary as per the vehicle type and is calculated as per the parameters under the Fee Policy. After the Initial Pay-out Period, this model will be suspended, and the Host shall be paid on the basis of the Lease Rental as paid by the Guest post deduction of the Bharat Car Facilitation Fee as applicable.

Lease Rental

For Guest: The Guest shall be liable to pay a fee (“Lease Rental”) for leasing the vehicle and it shall be inclusive of the applicable taxes (if any) in force. The same is dynamic and subject to vehicle type, booking distance and dates, location etc, and shall be payable as per the terms and timelines mentioned in the Fee Policy. All such payments shall be made by the Guest over the Bharat Car Platform and payment to Bharat Car shall be considered the same as payment made directly to the Hosts by the Guests.

For Host: The Host shall be paid on the basis of bookings made and shall receive the Lease Rental paid by the Guest on the hourly tariff during booking period. The same shall be remitted to the Host, post deduction of any Host Platform Fee, Facilitation Fee, charges for any add-on services (if availed by Host), and applicable taxes (if any).

The Pay-out Cycle for remitting such Lease Rental to the Host shall be (within 14-24 hours) and any further charges and refunds shall be reconciled on a weekly basis and amounts for the previous week (ending on Sunday) shall be credited to Host’s account on the next working day.

Other payments, refunds, and penalties:
In addition to the above Lease Rental and the Damage Protection Fee, the Guest shall also be liable for the following as described in the Fee Policy:

Default interest and reminder fee for late payments.
Add-on Charges (if availed) for services like home delivery facility or addition of a co-driver for the trip.
Charges for cancellation, rescheduling, extension of booking period, late return or returns at wrong location shall be levied as per the Fee policy.
Charges for loss of keys, documents, unpaid tolls, traffic violation penalties.
Cost for any damages which may include both cost of repair as well as insurance cover as per the standard rates in the Fee Policy.

The Guest acknowledges and agrees that he/she shall be liable to pay such charges on occurrence of any of the above-mentioned event/s and and hereby authorizes Bharat Car, to set off any amounts as may be due from Bharat Car to the Guest against any amounts that may be payable by the Guest under this Agreement, as the case may be.
Guest also acknowledges and agrees that Bharat Car shall have the right to prohibit the Guest from making a subsequent booking on the Platform until all outstanding fees in the Guest’s account have been paid in full.
The Guests also understands and agrees that Bharat Car may charge additional fees for failed payments, returned/cancelled checks. The Guest will be responsible to reimburse us for all costs of collection, including collection agency fees, third party fees, and legal fees, and costs.
If you are a Host, you understand, acknowledge, and agree that Bharat Car may set the booking/reservation fee for your vehicle as per the Fee Policy. Bharat Car will adjudicate the booking/reservation fee on your behalf, which means processing the Guest’s [credit/debit card], retaining the Facilitation Fees and other add-on services fee, if any, commission and remitting such funds to you as provided in this section.
Bharat Car reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, in the event of any account information is lacking or mismatched or in the event of where there has been any breach of this Agreement by you, pending Bharat Car’s reasonable investigation of such breach.
To ensure proper payment, both Guest and the Host are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes, without limitation, applicable tax information and Bharat Car shall in no case be held liable on account of any error in payments due to information wrongly provided by you.
Notwithstanding anything contained herein, it is clarified that Bharat Car shall in no way be responsible or liable for any direct/indirect penalties, charges, etc. levied by any tax authorities on Host and shall penalize and seek reimbursement from the Host in the event such liability is extended to Bharat Car due to Hosts default
If you dispute any payment made hereunder, you must notify Bharat Car in writing within 5 days of any such payment; failure to so notify Bharat Car shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Bharat Car.
In the event of a conflict between this Clause and terms of the Fee Policy, the terms set forth in the Fee Policy shall prevail.

(xvii) HOST’S OBLIGATIONS

In connection with use of or access to the Bharat Car Host Services the Host shall not, and hereby agrees that it will not, nor advocate, encourage, request, or assist any third party in activity or otherwise, to harm or threaten to harm users of our community, including but not limited to, (i) “stalking” or harassing any other Guest or Host of Bharat Car community or user of the Platform (ii) collecting or storing any personally identifiable information about any other member or associate of Bharat Car community, other than as specifically agreed / allowed herein (iii) engaging in physically or verbally abusive or threatening conduct; or (iv) using our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers.

The Host is also bound to maintain car conditions and ensure continuity of his listings for agreed upon periods on our Platform. In this regard , the Host is additionally governed by Host Strike Policy , the failure to comply with which may lead to delisting of Host vehicle from the Bharat Car Host program.

Host further agrees and acknowledges that in case of any concerns including but not limited to the damages caused to the vehicle during the booking period shall only be raised by raising his/her concern via authorized ticket support process. If the Host refuses or denies to follow the due redressal mechanism continuously, Bharat Car shall at its sole discretion have the right to terminate such Host from the Platform. Further Bharat Car shall not be liable to entertain or make good for any such damage or other claims unless the same is duly routed through the authorized ticket support process.

Checklists help us ensure that all information regarding the vehicle, the trip and customer experience are captured so we can serve the Hosts and Guests better. Accordingly, Host shall be responsible for filling:

“Car Ready Checklist” within 12 hours of listing start time. If the Host fails to fill it within mentioned timelines, then the listing gets cancelled automatically.
“Booking End Checklist” within 12 hours of the booking end time or the start time of the next booking. If the Host fails to fill the checklist within the above stipulated timelines, then the last available information with Bharat Car (for e.g. from the Guest checklist) shall be deemed as final for the closure of the booking.

*(xviii)Guests OBLIGATIONS***

Both parties shall be responsible to ensure compliance with the provisions of the Lease Agreement at times during the Lease Term and until the return of the vehicle to the Host in good working condition. In addition to other obligations and covenants under the Lease Agreement, as regards the use of the Vehicle during the aforesaid period the Guest shall:

at his/her expense maintain the cleanliness, condition, and appearance of vehicle in as good an operating condition as it was on the commencement date of the Lease Term.
Use the Vehicle only for the Permitted Use in conformity with the Host’s manual instructions provided as part of Vehicle Documentation, applying the same degree of care when using the vehicle as would ordinarily be exercised if it belonged to the Guest and strictly refrain from Prohibited Use of Vehicle and other requirements as laid down more particularly in the Lease Agreement under the Section “Terms of Vehicle Usage”
Ensure the safekeeping and presence of the Vehicle Documentation in the vehicle. If these documents are lost or stolen, the Guest will be charged the cost of obtaining duplicates and be remitted to the Host along with all other charges for damages and Lease Rental as payable to the Host

(xix) ACCIDENT, THEFT, TRAFFIC VIOLATION AND CONFISCATION

All instances of accident, damage, theft, traffic violations and confiscation of or involving the vehicle during the Lease Term shall be handled by the parties in accordance with the provisions of the Lease Agreement, including alleged damage or other issues. The Hosts and the Guests further agree to honestly represent any claims or allegations of damage and to work in good faith with each other to resolve any disagreement in keeping with the terms of the Lease Agreement.

(xx) INSURANCE & DAMAGE PROTECTION

The Host shall maintain a minimum of third party comprehensive insurance as mandated by Motor Vehicles Act, 1988 for the vehicle with an insurance company of its choice (“Vehicle Insurance”).

The Guest shall be responsible for payment of all expenses associated with any risks and ensuing damage to the vehicle including without limitation theft, partial or total destruction etc. In doing so, the Guest shall be required to avail trip protection plans/insurance through the Platform and shall be required to avail so at requisite fee (Damage Protection Fee) over and above the Lease Rental. Guest acknowledges and agrees to abide to the terms and conditions pertaining to the trip protection plan/insurance, including without limitation its coverage, exclusions and process of invocation.

Bharat Car shall assist the Host in filing and administering such claims for damages, theft or loss of vehicle. Platform shall also assist the Guest in administration of claims with the Host.

Both Host and the Guest acknowledge and agree that the information gathered through the Booking Start/Pick-up Checklist and the Booking End/Drop Checklist is crucial to the Damage Protection process. Should the Host or the Guest fail to fill in these checklists, no claims of damage/repair etc shall be entertained or administered in absence of relevant proof collected through these checklists. The Guest shall not be allowed to contest claims from the Host/claim refunds and the Host shall not be allowed to raise claims in absence of such fully filled in checklists. In events of technical issues preventing the filling of checklist, the Host/Guest should immediately contact customer support for resolution.

The Host understands and undertakes that he/she shall not act in a manner contrary or prejudicial to the Platform or the Guest and extend his/her full cooperation and participation at the time of any such claim being invoked under the trip protection plan/insurance.

The Host also understands and agrees that in the event that the Host refuses, interferes, prevents the administration of the claim in any manner or repossesses the vehicle which is undergoing any maintenance/repair due to invocation of insurance, he/she shall forfeit any rights to claim damages from the Guest/ insurance company as the case maybe. Neither Bharat Car nor the Guest will be liable to make good any damages in such situation and shall stand discharged of all liabilities therein.

The Guest shall not do or omit to do or be done or permit or suffer any act which might or could prejudicially vitiate or affect any such damage protection plan and shall at all times extend full cooperation so that the claims can be effectively administrated.

The Host also understands and agrees that for the events including but not limited to the below listed, the vehicle shall not be protected under any trip protection plan/insurance. if:

The damage occurs when the vehicle was in possession of Host and/or occurs due to deliberate/negligent acts of the Host itself.
Any damage arising due to normal wear and tear of the vehicle or depreciation in quality or value of the vehicle as such including but not limited to self-heating, electrical arcing or leakage etc.
Any specific exclusions as maybe listed by the insurance company in such a trip protection plan/insurance.

In case of total loss of vehicle, the Host understands and agrees to bind themselves to the depreciation level as prescribed under law or as prescribed by the relevant insurance company in line with market practice.

The Guest also understands and agrees that certain damages/incidents as listed below are not covered under such trip protection plans and the Guest will fully and personally be held liable for all costs and damages.

The following shall not be covered under trip protection plan/insurance:

Any deliberate act of damaging the vehicle by the Guest or any of his/her co-driver.
Any damage to the vehicle due to negligence or rash driving on part of the Guest.
The Guest was tested with alcohol in blood or breath or used drugs and or other stimulants prohibited by the law.
The Guest used the vehicle in a manner that is in contravention of law or the traffic regulations (over speeding, driving in restricted areas or any other illegal usage for racing/commercial usage etc).

In the event of any damage, theft, or destruction of the Vehicle during the Guest shall promptly inform the Platform and render all documentation and information including but not limited to information about the accident, assistance in filing of FIR or other relevant details as maybe necessary to invoke a claim with the company providing the trip protection plan/insurance with the assistance from the Platform.

Accordingly, the Guest shall pay to the Host, the amount of loss and/or damage not paid under the trip protection plan/insurance and be liable for the following:

In case of Damage: The difference, if any, between the actual amount incurred in repairing the damage to the vehicle and the amounts recovered/to be recovered under the Vehicle Insurance.

In case of theft/total loss of the Vehicle: The shortfall between the claim amount received under the trip protection plan/insurance, and the book value of the vehicle at that time of its theft/total loss.

If usage of vehicle at the time of its theft/total loss exceeds the Agreed Mileage (defined below), charge of the excess mileage incurred as per the rate specified in Fee Policy.
For Retired Vehicles, damage protection compensation is not applicable and hence no payout shall be made for theft/ total loss of such Retired Vehicles.
other cost/expense incurred by the Host for/in respect of assessment loss suffered by the vehicle and possibility of its restoration.
other charges, if any, remaining unpaid by the Guest under the Lease Agreement.

Notwithstanding any such additional trip protection plan/insurance availed, under no circumstances shall Bharat Car be held liable towards the parties or a third party for any loss or damage that may be suffered by the parties or a third party, whether or not the same may be attributed to parties.

(xxi) VEHICLE RETURN / REPOSSESSION

Upon the expiry of the Lease Term or earlier termination of the Lease Agreement (except termination on account of theft or total destruction/loss of the vehicle), Guest must at his/her own cost return the vehicle in the almost the same order and condition, as the Vehicle was at the time of commencement of the Lease Term, except normal wear and tear, with Vehicle Documentation, vehicle’s key, key fob, in-vehicle devices and other starting device in its designated position in the vehicle to the Specified Location within the period specified in the Lease Agreement. The Guest is mandatorily required to fill up the Booking End/Drop Checklist for recording the car condition at the end of the trip. This will be followed by filling of a similar Booking End/Drop Checklist by the Host as and when the Host is returned the vehicle by the Guest.

If however, in case:

The Guest returns the vehicle at a place other than the Designated Location, the Guest will be charged the cost of transportation of the vehicle from such place to the Designated Location.
The Guest does not return the Vehicle within the specified period, Guest will be charged late return penalty specified in our Fees Policy till such time as the vehicle is returned the Host and also the costs, expenses, charges etc. incurred by the Host for repossession of the vehicle.
Damage cause to the returning vehicle, other than excepted wear and tear, the Guest will be charged penalty for such damages at the rate specified in our Fees Policy and approximate costs, expenses, charges for restoration of the vehicle to its original condition.
Any item provided with the vehicle is lost, including without limitation its key, key fob, in-vehicle devices, other starting device to the vehicle or any component(s) of the vehicle, Vehicle Documentation is missing, the Guest will be charged with (a) Lease Rental (pro-rated on hourly basis) until the missing item is returned safely to the Host; and (b) an inconvenience fee if the lost items are not returned and need to be replaced.
All such disputes shall be administered only by means of the information gathered through Booking Start/Pickup Checklist and the Booking End/Drop Checklist as duly filled in by both Host and the Guest. The Guest should ensure that these checklists are duly filled in to avoid any hassles and additional penalties for damages caused.

(xxii) WARRANTIES OF THE PARTIES

Hosts’ Warranties:

Each Host represents and warrants to Bharat Car that:

Host is the sole legal, beneficial and registered owner of the vehicle(s) listed on the Platform.
The vehicle you offer for listing on the Platform is in sound and safe condition and free of any known faults or defects that would affect its safe operation under normal use and meets the vehicle eligibility criteria mentioned in this Agreement.
Host has the full legal right, capacity, power and authority to enter into and execute the Lease Agreement, Agreement and General Policies, be contractually bound by and comply with all rights and obligations contracted under each of these documents.
There is no action, investigation or other proceedings of any nature whatsoever, by any governmental authority or third party against the Host, which would restrain, prohibit or otherwise challenge the Lease, any listing of the vehicle on the Platform, Host’s posts on Platform and/or or a Guests’s use of vehicle pursuant to the Lease Agreement.

Guests’ Warranties:

Each Guest represents and warrants that:

The Guest is above the legal driving age requirement and has a valid driving license for the use and operation of the vehicle in accordance with requirements of applicable laws.
The Guest has the full legal right, capacity, power, and authority to enter into and execute the Lease Agreement, this Agreement and the General Policies and be contractually bound by and comply with all rights and obligations contracted under each of these documents.
There is no action, investigation, or other proceedings of any nature whatsoever, by any governmental authority or third party against the Guest, which would restrain, prohibit, or otherwise challenge the transaction as contemplated by the Lease Agreement.

*(xxiii)WARRANTIES OF BHARAT CAR***

The Platform and Bharat Car Host Services are provided to you “AS IS”. We make no representations regarding the use of or the result of the use/depiction of the contents on the Platform in terms of their correctness, accuracy, reliability, or otherwise. Bharat Car shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the content on the Platform.

You acknowledge that the Platform is provided only on the basis set out in the General Policies. Your uninterrupted access or use of the Platform and Bharat Car Host Services on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on the Platform.

Bharat Car shall have the right, at any time, to change or discontinue any aspect or feature of the Platform, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Platform may discontinue disseminating any portion of information or category of information. Bharat Car does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Platform.

The postings on the Platform or on social networking sites, including the Platform’s Facebook page, or any information provided over chat or e-mails exchanged with Bharat Car, its employees or representatives (collectively referred to as “Information”) which are in furtherance of any communication made by the user with Bharat Car, its employees or representatives is based on the background provided by the user. While Bharat Car takes reasonable care to ensure that the Information is accurate, Bharat Car makes no representation and takes no responsibility for the accuracy, completeness, appropriateness, or usefulness of the Information. In the event any user relies on the Information provided by Bharat Car or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will Bharat Car, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.

(xxiv) USERS’ INDEMNITIES

During the subsistence of the Lease Agreement and/or this Agreement, both parties i.e., the Hosts and the Guests shall at all times, indemnify, defend, hold harmless and keep indemnified, Bharat Car, its parent and affiliates and their respective directors, officers, employees, shareholders, agents, attorneys, assigns and successors-in-interest (“Bharat Car Group”) against all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses arising out of or attributable to:

any losses, costs, charges or expenses (including between attorney and Guest and costs of litigation) or outgoings which Bharat Car shall certify as sustained or suffered or incurred by Bharat Car or any member of Bharat Car Group as a consequence of occurrence of default under the Lease Agreement, this Agreement and/or the General Policies.
any loss, cost, charge, claim, damage, expense or liability that Bharat Car or any member of Bharat Car Group may suffer as a result of any representation or warranty made by the parties in connection with the Lease Agreement, this Agreement and/or the General Policies Agreement being found to be materially incorrect or misleading.
any losses, claims, damages, expenses, liability for any death, injury or damage to any person or property that Bharat Car or any member of Bharat Car Group may suffer/ incur arising directly or indirectly from the listed vehicle or its use under the Lease Agreement, whether caused willfully/ or the result of rash and negligent driving or any malicious act.
any claim for breach of intellectual property rights arising in connection with the Bharat Car Host Services and/or any other services provided by Bharat Car or any member of Bharat Car Group.
liability and costs incurred by Bharat Car group in connection with any claim arising out of your use of the platform or otherwise relating to the business we conduct on the platform (including, without limitation, any potential or actual communication, transaction or dispute between you and any other user or third party), any content posted by you or on your behalf or posted by other users of your account to the website, any use of any tool or service provided by a third party provider, any use of a tool or service offered by us that interacts with a third party website, including without limitation any social media site or any breach by you of these terms or the representations, warranties and covenants made by you herein, including without limitation legal fees and costs.

Each of the above indemnity is a separate and independent obligation and continues after termination of this Agreement. The users also covenant to cooperate as fully as reasonably required in the defense of any claim. Further, Bharat Car hereby reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.

(xxv) TERMINATION OF THIS AGREEMENT / BHARAT CAR HOST SERVICES OR THE LEASE AGREEMENT

This Agreement shall continue to apply and shall remain valid till the time the concerned party continues to use Bharat Car Services through its Platform or is terminated by either you or Bharat Car (“Term”).

If You want to terminate this Agreement, You may do so by (i) not accessing the Platform or the Bharat Car Services; or (ii) closing Your account on the Platform for all of the listings or bookings of vehicles, as applicable, where such option is available to You, as the case may be; or (iii) discontinuing any further use of the Platform. Any such termination shall not cancel your obligation to pay for the Bharat Car Services and/or any other services already obtained from us and/ the Platform or affect any liability that may have arisen under the Governing Policies.

Additionally, Bharat Car shall have the sole discretion to suspend or terminate this Agreement and discontinue Bharat Car Services and/or services provided by us (through the Platform or otherwise) by providing 30 (thirty) days’ prior notice to you. However, we may, at any time, with or without notice, suspend or terminate this Agreement and Bharat Car Services if:

We required to do so by law (for example, where the provision of the Bharat Car Services to you is, or becomes, unlawful), or upon request by any law enforcement or other government agencies.
The provision of the Bharat Car Services to you by Bharat Car is, in our sole discretion, no longer commercially viable to us.
The User fails to make any of the payments or part thereof or any other payment required to be made to Bharat Car hereunder and/or in respect of the Bharat Car Services, or any other service provided by Bharat Car when due and such failure continues for a period of 15 (fifteen) calendar days after the due date of such payment.
The User fails to perform or observe any other covenant, conditions or agreement to be performed or observed by it under any of the Governing Policies or in any other document furnished to Bharat Car in connection herewith.
Termination of the listing or the booking on account of any wrongdoing of either party and/or violation of any terms, conditions and obligations of this Agreement and/or the Governing Policies.
The vehicle is being used for a Prohibited Use, as determined by us in our sole discretion.
Bharat Car has elected to discontinue, with or without reason, access to the Platform and/or the Bharat Car Services (or any part thereof).
In the event Bharat Car faces any unexpected technical issues or problems that prevent the Platform, the Bharat Car Services, and/or any other services provided by Bharat Car from working.
Any other similar unforeseen circumstances.

Termination of Lease Agreement by the Host/Guest:

Both the Host and the Guest may terminate the Lease Agreement as per the terms of the Lease Agreement.

Effects of Termination:

In case of termination of this Agreement or completion of a booking, in accordance with the terms hereunder and the Governing Policies:

The Guest shall promptly and without delay return the vehicle to the Host, as per the vehicle return / repossession terms mentioned herein.
The Guest shall pay, the outstanding Lease Rental (together with all late payment/charges thereon) and other unpaid sums/charges/costs payable by the Guest under the Agreement and Governing Policies.
The Host shall pay, any outstanding amounts due payable by the Host under the Agreement and Governing Policies.
The Host shall upon termination make its vehicle available to Bharat Car for removal of the In-Vehicle Devices, failing which Bharat Car shall have the right to recover the In- Vehicle devices as per the clause mentioned above (“Recovery of In-Vehicle Devices”).
Upon the return of the vehicle, the Guest shall be repaid the advance Lease Rental if any, paid by the Guest for the unexpired period of the booking period to the Guest subject to adjustment against other outstanding payable of the Guest for the booking made by him/her;
Upon any termination of this Agreement either you or Bharat Car, you must promptly destroy all materials downloaded or otherwise obtained from the Platform, as well as all copies of such materials, whether made under the Governing Policies or otherwise.

(xxvi) RECOMMENDATION OF PLATFORM

Any recommendation made to you on the Platform during the course of your use of the Platform is purely for informational purposes and for your convenience and does not amount to endorsement of the Bharat Car Host Services by Bharat Car or any of its associates in any manner.

(xxvii) USER CONTENT

The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (“User Content”), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that:

belongs to another person and to which the user does not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, 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;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer cod, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and/or
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Bharat Car shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. Bharat Car does not endorse or control the User Content transmitted or posted on the Platform by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by Bharat Car. You understand that by using the Platform, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Bharat Car be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Platform. You hereby waive all rights to any claims against Bharat Car for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You hereby acknowledge that Bharat Car has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, Bharat Car has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

If you wish to delete your User Content on our Platform, please contact us by email at Host.support.in@Bharat Car.com and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Platform, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.

(xxviii) INTELLECTUAL PROPERTY RIGHTS

The “Bharat Car” name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as “Marks”) of Bharat Car India Private Limited. All other Marks provided on the Platform are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Platform. Access to the Platform does not authorize anyone to use any Marks in any manner. Marks displayed on the Platform, whether registered or unregistered, of Bharat Car or others, are the intellectual property of their respective owners, and Bharat Car shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

Bharat Car and its suppliers and licensors expressly reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on the Platform, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Platform is the exclusive property of Bharat Car and are protected by the Indian copyright laws and International treaties. Consequently, the materials on the Platform shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of the Platform (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Platform for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Platform for personal, non-commercial use only. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on the Platform is strictly prohibited. Unless Bharat Car explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by Bharat Car, any of its affiliates or by third parties who have licensed their materials to Bharat Car and are protected by Indian copyright laws and international treaties.

(xxix) DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

PLEASE NOTE THAT BHARAT CAR HOSTSERVICES ARE INTENDED TO BE USED TO FACILITATE THE LEASING OF VEHICLE BY THE HOST AND TO THE Guest. BHARAT CAR CANNOT AND DOES NOT CONTROL THE CONTENT IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY VEHICLE LISTED ON THE PLATFORM. BHARAT CAR IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO, ANY AND ALL LISTINGS AND VEHICLE. ANY LEASING OF THE LISTED VEHICLE UNDER THE LEASE AGREEMENT OR OTHERWISE WILL BE DONE ENTIRELY AT THE GUEST’S AND HOST’S OWN RISK.FURTHER BHARAT CAR SHALL NOT BE LIABLE TOWARDS THE LOSSES, DAMAGES, COSTS INCURRED BY THE HOST OR THE GUEST IN ABSENCE OF THE DULY FILLED IN BOOKING START/PICKUP CHECKLIST AND THE BOOKING END/DROP CHECKLIST. BHARAT CAR SHALL ALSO NOT BE RESPONSIBLE FOR ANY TOTAL LOSS/THEFT CLAIMS UNDER DAMAGE PROTECTION PLAN FOR RETIRED VEHICLES.

THE PLATFORM IS PRESENTED “AS IS”. NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE PLATFORM OR ANY OF THE CONTENT, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PLATFORM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE PLATFORM; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE PLATFORM, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF BHARAT CAR. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PLATFORM OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED RUPEES 5,000/-.

BHARAT CAR MAKES NO CLAIM WITH RESPECT TO THE EFFICACY OF THE METHODOLOGY AND THE OUTCOME OF THE PRODUCTS AND SERVICES MAY VARY FROM USER TO USER. THE USER USES THE PRODUCT AND SERVICES AT THEIR OWN RISK.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE PLATFORM OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE PLATFORM, TERMINATION OF YOUR USE OF THE PLATFORM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN BHARAT CAR AND THE USERS OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT AND/OR BHARAT CAR HOST SERVICES AND/OR ADD-ON SERVICES AND/OR ANY OTHER SERVICES PROVIDED BY BHARAT CAR THROUGH THE PLATFORM OR OTHERWISE. THE TERMS OF THIS CLAUSE SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.

(xxx) LINKS AND THIRD-PARTY SITES

References on the Platform to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply Bharat Car endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between Bharat Car and those third parties.

Bharat Car is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk. Bharat Car does not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Platform. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Platform.

PLATFORM TERMS OF USE

This document is a legally binding document which will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will form part of the Governing Policies for availing the services offered through the website and https://www.Bharat Car.com/zap/subscribe/host mobile application under the name and style of “Bharat Car” (“Platform”).

(i) Background

The Platform is owned by Bharat Car services Car rental Private Limited, a company incorporated under the Companies Act,1956 having its registered office at having its registered office at 005 G/F, Kothari Pole, Mamu Nayak Ni Pole, Gandhi Road (Ahmedabad) Ahmadabad City Ahmedabad Gujarat – 380001 India (hereinafter referred to as “Bharat Car” or “we” or “us” or “our”, which expression unless the context may otherwise require to include its successors, liquidators and assigns) and the guest users or the registered users of the Platform, who is a natural or a legal person (hereinafter referred to as “User” or “you” or “your” or “yourself”).

Through this Platform, Bharat Car enables and facilitates the Users to list and lease vehicles directly with one another as per the terms and conditions of this document and other policies on the Platform, to the extent applicable. Bharat Car does not sell, hire, manage, and/or control the vehicle.

All of the provisions in these Terms of Use, together with Bharat Car Host Services Terms & Conditions – Host & Guest (available here), Privacy Policy (available here), and any other incorporated policies / agreements constitute the terms of the agreement between you and Bharat Car for the use of the Platform and services offered by Bharat Car thereon (together, the “Governing Policies”).

Please read these terms carefully before using or registering on the Platform or accessing any material, information or availing services through the Platform. If you do not agree with these Terms of Use, please do not use the Platform or avail any bookings or services being offered through this Platform. If you use or transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such use or transaction. It is hereby clarified that by accepting the Terms of Use for use of the Platform, You shall be contracting with Bharat Car and these Terms of Use as applicable, shall constitute your binding obligations, with Bharat Car.

We reserve the right, at our discretion, to change or modify these Terms of Use. You agree that the updated terms and conditions shall be effective from the date publication of the same on the Platform. It shall be your responsibility to periodically check for any changes to the Terms of Use and other policies on the Platform. We may require you to provide your consent to the updated agreement in a specified manner before any further use of the Platform and the Bharat Car services. If no such separate consent is sought, Your continued use of the Platform will constitute Your acceptance of such changes. You may decline such changes by discontinuing Your bookings or services, as the case may be, made on the Platform.

Subject to your acceptance and compliance of these Terms of Use, Bharat Car grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and applicable Governing Policies, as may be posted on the Platform from time to time.

(ii) Your Account and Registration Obligations

Eligibility: Only legal and natural individuals competent to contract under the existing law of the land, may use the Platform and avail services as provided by Bharat Car. Bharat Car reserves the right to terminate your registration and / or deny access to the Platform if it is brought to Bharat Car’s notice that you are not competent to contract as mentioned herein.

User Information: If you use the Platform as a registered user, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Platform registration form or provided by You as a visitor or user of a third-party site through which You access the Platform.

If you provide any information that is untrue, inaccurate, not current or incomplete or Bharat Car has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or You are trying to gain unlawful access to the Platform, it has the right to indefinitely suspend or terminate or block access of your registration with the Platform and refuse to provide you with access to the Platform.

You understand and agree that a third-party shall not be authorized to use your account You understand and acknowledge that allowing other individuals to use your credentials to avail Bharat Car services on the Platform, you will be held solely liable for any damages or liabilities arising out of such use caused to yourselves, other Users or Bharat Car without prejudice to their right to invoke legal action or proceedings against you and the other User to the full extent permissible under Indian law.

(iii) Fees and Taxes

You are responsible for paying all fees (if any) associated with the use of the Platform and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

(iv) Use of the Platform

You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following:

You are solely responsible for Your information, and the Platform acts only as a passive conduit for distribution and publication of Your information. You shall not host, display, upload, modify, publish, transmit, update or share/list(s) any information or item including but not limited to documents for identification or listing of the vehicle that are false, inaccurate and misleading or impersonating a person or belong to other person over which you have no right.
You are prohibited from assigning or transferring your account to any other user, person, or entity.
You agree that you shall not violate any applicable law for the time being in force in India.
You shall not use the app to post anything 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” or harmful to minors.
You shall not attempt to use any intellectual property rights of Bharat Car or a third-party partner linked to our Platform including any patent, trademark, copyright or other proprietary rights or trade secrets or rights of publicity or privacy.
You also shall not make use of any other computer code, software viruses, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
You shall not create liability for Bharat Car or cause Bharat Car to lose or disrupt (in whole or in part) the services of our service providers or other suppliers.
You shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the Governing Policies or any other applicable law for the time being in force in India.

(v) Privacy

The Platform collects, stores, processes and use Your information in accordance with Privacy Policy https://www.Bharat Car.com/policy#privacy. By using the Platform and/ or by providing your information, you consent to the collection and use of the information you disclose on the Platform in accordance with the Privacy Policy.

(vi) Payment Facility

Bharat Car may, either by itself or through its business partners, from time-to-time contract with third party payment service providers including banks to open nodal bank accounts under applicable Indian laws, to facilitate the payment between Users i.e. owners and Guests and for collection of fees and other charges on the Platform. These third-party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by applicable law for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.

(vii) Disclaimers

THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.

DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.

WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT, DEBIT CARDS OR ANY OTHER PAYMENT OPTION AVAILABLE ON THE PLATFORM.

YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S SERVICES.

WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.

WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(viii) Intellectual property

Bharat Car owns the intellectual property as available on the Platform. For any other information, and the material published on it including but not limited to user interface, layout format, and any content thereof Bharat Car may have non-exclusive limited right / license to use or produce the same on its Platform.

You recognize that Bharat Car or its affiliates is the registered owner of the word mark/device marks and the logo of Bharat Car products, including but not limited to its variants and agree that you shall not directly or indirectly, attack or assist another in attacking the validity of, or Bharat Car or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of Bharat Car’s intellectual property you shall report the same to Host.support.in@Bharat Car.com with all relevant information.

You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

(ix) Indemnity and Limitation of Liability

You shall fully indemnify, keep indemnified, defend and hold harmless Bharat Car and Bharat Car shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the Terms of Use or any applicable Bharat Car Governing Policies, or your violation of any law, rules or regulations or the rights of a third party.

Notwithstanding anything contained herein, Bharat Car’s entire liability and Your sole and exclusive remedy in any circumstance is limited to amount of fees, if any, paid by You on the Platform for the transaction under dispute. Other than the aforesaid, Bharat Car shall have no liability to You.

(x) General

These Terms of Use sets forth the entire understanding and agreement between You and Bharat Car with respect to the usage of the Platform.

If any clause of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Terms of Use.

In Bharat Car’s sole discretion, Bharat Car may transfer, assign or novate these Terms of Use without your prior express consent. However, the Platform on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts. You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

(xi) OtheComplaints

In the event you have any complaints or concerns with respect to the Site or our services, please contact our Customer Support by calling us on – 0806-897-2200 or mail at Host.support.in@Bharat Car.com

(xii) Governing Law and Dispute Resolution

These Terms of Use and This Agreement and the Governing Policies shall be exclusively governed and construed in accordance with the provisions of the laws of India. Any dispute, controversy or claim arising out of or relating thereto, the interpretation, existence, validity, the termination, rescindment or invalidity thereof, shall be settled by the competent Court in Bangalore.

Privacy Policy

THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THE TERMS “WE/US/OUR/BHARAT CAR” INDIVIDUALLY AND COLLECTIVELY REFER TO BHARAT CAR INDIA PRIVATE LIMITED AND THE TERMS “YOU/YOUR/YOURSELF” REFER TO THE USERS/MEMBERS UNDER MEMBERHSIP AGREEMENT.

THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND BHARAT CAR (BOTH TERMS DEFINED ABOVE).

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000; THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL & IRREVOCALBLE CONSENT TO BHARAT CAR FOR THE PURPOSES PRESCRIBED UNDER INCLUDING BUT NOT LIMITED TO PROVISIONS OF SECTIONS 43A, 72 AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.

This Privacy Policy (the “Policy”) sets out how BHARAT CAR collects, uses, protects & shares any information that you give to us, when you use this website i.e. www.Bharat Car.com including its m-application (the “Website”). BHARAT CAR is committed to ensure that your privacy is protected to all possible, reasonable and commercial extent, as your privacy on the Internet is of the utmost importance to us. Because we gather certain types of information about You in order to provide, protect, maintain and improve our services, We feel You should fully understand the Policy surrounding the capture and use of that information and solicit Your full attention towards it.

By providing us your Information or by making use of the facilities provided by the Website, You hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by BHARAT CAR, as specified under this Policy. You further represent and warrant that such collection, use, storage and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person.

This Policy is a legally binding contract between You and BHARAT CAR, whose Website, You use or access or You otherwise deal with. This Policy shall be read together with the other terms and condition of the Website viz, Membership Agreement and Fees Policy being displayed on the website
www.Bharat Car.com.

(i) Collection, Storage and Use of Personal Information:

When You apply for or maintain an account with BHARAT CAR, We collect certain personally identifiable information (“Personal Information”), such as: Your name, age, gender, photograph, contact preferences telephone number, mailing address, including but not limited to permanent and current residential addresses, e-mail address, financial information, internet protocol address, history of Your transactions ( booking and payment history), any other items of sensitive personal data or information, as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000, identification code of Your communication device which You use to access the Website, any other information that You provide during Your registration, use of availing of services via Website and other relevant documents viz; driving license and additional address cum identity proofs, as prescribed under the Membership Agreement of BHARAT CAR. By providing information to create a user account or complete Your user profile, You expressly and voluntarily accept this Policy and You shall be deemed to have voluntarily consented to authenticate Yourself with a government issued photo identity document which also contains your address, other than driver’s licence, (hereafter “Government-issued ID”) and hereby give Your voluntary consent for seeding identification details as provided in Government-issued ID to all Membership requirements and to provide Your identity information for authentication for the purpose of availing of the Services and to enforce any breach committed by you of the Memberships Agreement through police, government/enforcement authority or court of law.

In pursuit of excellence in the services offered few other personal information that We collect includes the following:

Vehicle Use Data: Vehicles will contain hardware that gathers and transmits information about vehicle use. This is done as a security measure against accident or theft and also to provide You with valuable services and information, such as other drivers’ data.

Location Tracking: To prevent theft, and to allow us to locate You in case of emergency, accident, lock-out, etc., We track the location of your vehicle. Your location information will be confined to BHARAT CAR’S service, and we endeavour not to make your location or movements’ public unless it is required under personal, medical and legal (recovery and insurance) exigencies. As part of our service, the location of your vehicle may be released to insurance companies, the police, courts, tribunals or similar law enforcement agencies, in the course of an investigation and/or accident claim, and to provide assistance in emergencies. Information regarding the location of each vehicle on BHARAT CAR’s Website is also transmitted to BHARAT CAR.

Driver and vehicle Information: As a member of BHARAT CAR’s Website, you authorize us to access Your driver’s record, vehicle travelled history report pertaining to Your ride/trip from all applicable entities and authorities’. Moreover, You authorize all DMVs, RMVs, auto mechanics and all other entities and interested parties to release information to us regarding Your driving record and vehicle travel history.

You have the right to request to BHARAT CAR to discontinue the use of Your personal information. To withdraw Your consent to our collection and processing of Your information in future, You may do so by closing your account. However, the registered mobile number and transactional details shall be collected and stored in an anonymized manner data for accounting and security purposes. Should you choose to sign up your account using the existing number in our database, first time user (“FTU”) discount benefits shall not be applicable to YOU and/or on YOUR account. Please note that in case there is an outstanding payable at your end or if there is an ongoing/upcoming booking or listing on Bharat Car Platform made by you, to withdraw your consent or seek deletion of data collected or being processed by us you shall have to clear the payables or complete/cancel the booking/listing (as the case maybe).

As you access and use our services we collect information such as, but not limited to – phone number, email address, device make-details and IP address. We may disclose to third party services like Get Simpl certain information to ensure fraud prevention and PayLater check out experience. The information may also be disclosed to third party vendors like call centers and customer care vendors for the purpose of carrying out services as provided by Bharat Car. Please refer to the third party privacy policy for more details.

(ii) Collection and Use of Non-Personal Information

We also collect non-personal information – data in a form that does not permit direct association with any specific individual, including browser You use, usage details and identifying technologies. We may use, transfer, collect and disclose non-personal information for any purpose. If We do combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.

Aggregate Information: We may share non-personally identifiable information (such as referring/exit pages, anonymous usage data, and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain BHARAT CAR’s services.

Third-party ad servers or ad networks may serve advertisements on the Website. These third-party ad servers or ad networks may automatically receive Your internet protocol address, when they serve ads to Your Internet browser. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. However, please note that if an advertiser asks BHARAT CAR to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad-server may conclude that You fit the description of the audience they are trying to reach. BHARAT CAR’S Policy does not apply to, and we cannot control the activities of, third-party advertisers.

(iii) Cookies:

We use various technologies, including “cookies”, to collect non-identifiable information. A cookie is a piece of data that any website can send to Your browser, which may then be stored on Your computer as an anonymous tag that identifies Your computer but not You. To enhance Our Service, some BHARAT CAR pages use cookies, sent by BHARAT CAR or its third party vendors, or other technologies. You may control the effect of cookies through Your browser settings, however some features of BHARAT CAR’s Service may not work properly if Your use of cookies is disabled.

We may also use Web beacon or other technologies, often in conjunction with cookies, to enhance Our Service on a number of pages of BHARAT CAR’s Website. A non-identifiable notice of a visitor’s visit to a page on BHARAT CAR’s site is generated and recorded, and which may be processed by us or by Our suppliers. To disable some of these features, You may disable cookies in Your 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.

(iv) Information Sharing:

BHARAT CAR only shares Personal Information with third parties in the following limited circumstances:

i) To provide other businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on Our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.
ii) We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request including to law enforcement and in response to a court order, (b) detect, prevent, or otherwise address fraud, technical or security issues, (c) enforce applicable terms and conditions of the Website including but not limited to Membership Agreement, Privacy Policy and Fees Policy, which may be further extended to investigation of potential violations thereof, or (d) protect against harm to the rights, safety or property of BHARAT CAR, its Users or the public as required or permitted by law.

iii) To protect and recover BHARAT CAR’s assets viz; vehicles/ outstanding.

iv) To protect Ourselves against third-party claims.
v) We reserve the right to transfer any/all personal information We have about You in the event that We sell or transfer all or a portion of Our business or assets.
vi) We partner with outside companies to provide You with additional services related to BHARAT CAR, such as ride-sharing, referral programmes or parking benefits. When You purchase, register, or otherwise express interest in a product or service offered by a third party through BHARAT CAR or sponsored on Our Website, You consent to Our sharing your personal information with those parties. Participation in rewards programs, discount offers, contests, or other programs that involve third parties, authorizes BHARAT CAR to share Your personal information with those parties. A third party’s use of Your information is bound by contracts and agreements between BHARAT CAR and the third party. We only share information reasonably needed to provide additional services, and such shared information may be bound by other privacy arrangements. By sharing this information, You agree that BHARAT CAR is not liable or responsible for the actions or inactions of third parties.

vii) BHARAT CAR may transfer/disclose/share information to those parties who support Our business, such as providing technical infrastructure services, analysing how Our services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, or conducting academic research and surveys.

(v) Links to Third-Party Websites:

This Website may contain links to third-party websites, products, and services. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage You to learn about the privacy practices of those third parties. We cannot be responsible for these policies.

(vi) Information Security & Retention:

We take precautions – including administrative, technical and physical measures – to safeguard Your personal information against loss, misuse or theft, as well as against destruction, alteration, disclosure and unauthorized access. For this purpose, BHARAT CAR adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems, where BHARAT CAR stores Your Personal Information., provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release BHARAT CAR from any claim of damages under contract or under tort.

When You use Our services or post on the Website, some of the Personal Information You share is visible to other users and can be read, collected, or used by them. You are responsible for such Personal Information You choose to submit in these instances. For example, if You list Your name and email address on the Website, that information is public. Further, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password.

BHARAT CAR may share Your Information with third parties under a confidentiality arrangement, which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the purposes defined under the respective confidentiality arrangements. However, BHARAT CAR is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. BHARAT CAR is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on the Website).

Notwithstanding anything contained in this Policy or elsewhere, BHARAT CAR shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).

A “Force Majeure Event” shall mean any event that is beyond the reasonable control of BHARAT CAR and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond reasonable commercial control of BHARAT CAR), power or electricity failure or unavailability of adequate power or electricity.

While We will endeavour to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information. Please exercise reasonable caution when determining what Personal Information You disclose via the Website.

You agree that all Personal Information shall be retained till such time required for the purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.

(vii) Updates to the Policy:

Please note that this Policy may change from time to time. We will post any Policy changes on the Website and without prior notice to You. Please review the Policy each time You use the Website. By Your continued use of the Website, You impliedly consent to the terms of the revised/updated Policy, if any.

(viii) Grievance Officer:

If You find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of Your Personal Information under this Policy or any terms of BHARAT CAR’s Membership Agreement, Privacy Policy, Fees Policy etc. please reach out to our grievance officer at grievance.officer@Bharat Car.com.

(ix) Miscellaneous:

While BHARAT CAR may retain any correspondence sent by You, it does not intend to collect or save any information from children 15 years of age and younger.

BHARAT CAR reserves the right to remove or edit content, refuse service, terminate accounts, or cancel plans or orders at its sole discretion.

Damage Policy

(i) OVERVIEW

This policy is applicable to all Hosts onboarding their vehicles on the Bharat Car Platform. This Damage policy covers for:

a) Damages and costs of repair of the luxurious and non-luxurious vehicles (hereinafter “Vehicles”) which gets damaged during the booking period. Click herefor details of luxurious vehicles).
b) A compensation for total loss of vehicle due to theft or accident only to the extent the same is covered under this policy explicitly.
c) This damage policy is only limited to the extent of damages to the vehicle (internal and external) and does not provide for any third-party liability/injury reimbursements.

(ii) APPLICABILITY AND EXCLUSIONS:

This policy is strictly applicable to the following damages:
Damages related to accident/vandalism amounting to Immediately Repairable Damages:

Bharat Car shall only provide the Host with either the reimbursement for cost of repair for any damages or facilitate the repair as per its estimates at its designated partner workshops/garages for such major damages that arise due to an accident, collision etc which directly impacts the drivability of the vehicle (hereinafter referred to as “Immediately Repairable Damages and/or IRD”) while the vehicle was under the Guest’s possession during and/ or after booking period. The IRD shall also be inclusive of damages/cost arising out due to IoT device/IVD malfunctions. Notwithstanding anything contrary to the foregoing, this policy shall not be applicable if any IRD is/are caused to vehicles: (a)where the vehicle was not picked by Guests during the booking period; (b) if the vehicle was not picked up by the Bharat Car fleet after the booking period ends and was directly collected by the Host from the Guest. Compensation for Stolen/totally damaged vehicles

Any damages/costs arising due to IoT device/ IVD malfunctions would be taken care of by Bharat Car irrespective of the repair cost.

Additionally, under this policy Bharat Car shall also cover for certain minor damages which do not affect the car from serving a booking immediately and/or affect the Guest experience (hereinafter referred as “Non-Immediately Repairable damages and/or NIRD”). However, such NIRD shall be covered by Bharat Car only if:

The total number of such NIRDs has crossed a total of 5 unique damages occurred while the vehicle was under the Guests possession.
Where such NIRD/s is followed by an IRD caused in the upcoming bookings, the current NIRD (even if the same doesn’t accumulate to a total of 5 NIRDs) maybe repaired along with the IRD.

iii. Compensation for Stolen/totally damaged vehicles (excluding cases where police investigation indicates that such accidents or theft was carried out by ulterior motive by the Hosts and/or by their representative)

The classification of the repairs required have been bifurcated as per the normal wear and tear issues (Maintenance issues) and those caused due to accident/vandalism (“Accident/Damage”). The tentative list of the repairs that may arise and allocation of responsibility for the Host and Bharat Car in respect of the same are provided here.

This policy does not apply to the following:

Damages related/ due to wear and tear/ maintenance of the vehicle:

Any costs incurred by the Host in replacing any parts or repairing any damages during regular maintenance/servicing of the vehicle or such damage/replacement is a result of normal wear and tear of the vehicle (irrespective of the vehicle being on a trip or not). Irrespective of the damage being an IRD or NIRD, it shall be the Host’s responsibility to bear costs for such wear and tear related damages.

NIRDs not affecting drivability of the Vehicle:

Any single instance of NIRDs under Clause 2.A.ii will not be taken for repair immediately or individually unless they accumulate as per the provisions of 2 A ii.

iii. Permanent Exclusions:

The Hosts understands and agrees that Bharat Car shall not be liable to compensate Host in any manner whatsoever under this Damage Policy if:

Any loss or damage is caused to the vehicle as a result of war, terror attacks, hostilities

Willful damages are caused to the vehicles by the Hosts;

Any third-party damages which are covered under the third-party insurance of Host vehicle and where such insurance has expired and was not renewed.

Any consequential losses to the vehicle which are in possession of Hosts including but not limited to any loss resulting from:

short circuit, self-heating, electrical arcing or leakage due to any cause apart from the accident /fault of the Guest
Electrical or mechanical breakdown due to operation in flooded area not arising from the usage of Guest.

Any damage arising due to normal wear and tear in the due course of usage of the vehicle and/or arising out of any manufacturing defects present in the said vehicle;

Any direct or indirect damage arising out of or resulting from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste;

Any damage caused to the vehicle outside the jurisdiction of India;

Any damage to tires, covering coat, decals, logos or dashboard, unless such damage were caused at an accident/collision at the same time and from the same cause resulting in the damage of other parts of the vehicle and such were declared IRDs as per this Policy.

Third Party Liability:

Any injury/damages to a third party are not covered under this policy. For the same, the Host is expected to maintain a comprehensive third-party insurance for the vehicle being listed on Bharat Car Platform. Any claims for the same will not be accepted by Bharat Car.

(iii) DAMAGE REDRESSAL PROCEDURE:

In order to report damages or request repair, the Host may follow the procedure as under:

3.1 Immediately Repairable Damages

a) The Host must raise a damage/repair request for the IRD via the app within 24 hours from the end of booking period/ time when car is handed over to the Host. The Host may do so by reporting the same in the Booking End Checklist or raising a general request in the Help & Support section of the App.
b) The Host should note that such request can only be raised if the vehicle has not been used for travel by Host or other person between the time period when the booking ends and such a request being raised by the Host. Bharat Car shall not accept any damage requests if any such request is raised after the vehicle has been moved or used for travel by the Host or any other person.
c) The Host understands and agrees that in case he/she fails to report the damage in the above-mentioned timelines or uses the vehicle before reporting damages, he shall waive his right to claim any such damages/repairs from Bharat Car as the case maybe.
d) In the event that during the pendency of the booking period, the vehicle has been stolen and/or the accident or collision has resulted in total loss of vehicle, Bharat Car shall extend its support in reporting such theft/accident and compensate the Host to the extent as provided under Clause 4 C of this policy.
e) The Host should also share clear and identifiable images of such damages with description at the time of raising such damage/repair request.
f) Upon receipt of such a request Bharat Car shall assess the damage from the picture and description shared by the Host.

g) In doing so Bharat Car may engage/ seek opinion of its designated/ partner workshops and identify if the damage is Immediately Repairable or Not Immediately Repairable.
h) Upon classification of the damage as per Clause 2 A. i., the Host may proceed to either opt for Bharat Car Driven Repairs as per procedure or under Clause 4 A and if the same is not favorable for him/her the Host may choose to repair the vehicle on his own only after due approvals from Bharat Car as per Clause 4 B.
i) During such time when the vehicle is damaged and/or in repair at Bharat Car designated workshop, the Host shall be entitled to a downtime payment as more particularly described in Clause 4 A (ii).

3.2 For Not Immediately Repaired Damages (NIRDs)

a) For NIRDs, the Host shall report the NIRD along with the proof of same via the app within 24 hours from the end of booking period/ time when car is handed over to the Host. He/she may thereafter continue listing on the Platform.

b) If the Host subsequently faces a similar experience(s) where the car undergoes another IRD due to an accident/ collision or vandalism during a booking, and such damages caused to the vehicle falls under the purview of Clause 2.A.i, then the NIRD reported (where not accumulating to a total 5 unique instances)shall be dealt as per Clause 3.1 of this policy and all the pending damages, and their related tickets shall be resolved thereto.
c) If the subsequent damages caused to the vehicle do not fall under the purview of Clause 2.A.i (do not qualify as IRD), the vehicle will be allowed to continue on the listing until the cumulative number of tickets raised for such NIRD is five (5) or more times and thereby starts affecting the listing/ guest experience

(iv) PROCEDURE FOR REPAIR AND HANDLING TOTAL LOSS/THEFT:

The Host may choose to get the repairs done through Bharat Car or may carry out the same upon the approval of Bharat Car.

Repairs by Bharat Car:

The Host understands and agrees that if he/she opts for Bharat Car driven repairs, he/she shall not be entitled to any compensation/costs for damages. Under this the Host shall be handed over the repaired vehicle. Any disputes as to the repair quality may be raised by the Host as per terms of Clause 5.

Procedure for Bharat Car Driven repairs:

If the damages are categorized as per Clause 2.A.i as IRD, Bharat Car executive shall within 24 hours of such confirmation pick up the damaged vehicle and transport it for requisite repairs to the designated/partner workshop. For NIRDs Bharat Car executive shall within 24 hours of the occurrence of the accumulated 5th NIRD, pick up the vehicle and follow the same procedure for carrying out requisite repairs as may be applicable to IRD’s

Repairs may require a long or short repair time depending upon the nature of the damage. The duration required for repairs shall be confirmed by Bharat Car

to the Host as per the timelines prescribed by the designated/partner workshop in the estimates/quotations provided by them.

The Host understands that such designated/ partner workshops may or may not be OEM authorized workshops. In case the Host is not in favour of getting repairs from Bharat Car designated/partner workshop, he must inform Bharat Car and shall comply with the procedure. Any objection post car pickup will not be accepted, and any repairs made thereafter will be considered as final. Bharat Car shall not be liable for any further compensation/damages in such a situation.

Upon completion of the repair, the vehicle will be dropped off at the Host’s designated location and the Host may continue earning from the vehicle listed on Bharat Car Platform.

Repairs by the Host:

Upon damage categorization, if the Host is not in favour of repairs being made by designated/partner workshop, the Host may arrange to repair the vehicle on his own as per the procedure hereunder:

Upon reporting the damage, Bharat Car shall share the estimates/quotations from its designated/partner workshops for overall repair. This estimate shall be considered as the upper ceiling of damage/cost that shall be reimbursed by Bharat Car to the Host. Bharat Car shall not accept any requests beyond such estimates/quotations.

Bharat Car may request for a physical inspection to check for internal damages (if any) before approval of the estimates/quotations.

iii. Upon Bharat Car’s approval of the damage request, the Host may get the vehicle repaired at a workshop of his/her choice.

Thereafter, upon completion of repairs within 24 hours of such repair, the Host must submit to Bharat Car the images and videos for the newly replaced parts which are duly time stamped. Along with images, the Host is mandatorily required to submit the copies of bills for the repairs made.

Upon submission of all such proofs, Bharat Car shall review the documents and upon approval of the same, pass on the reimbursement up to the extent of estimates/quotations as under Clause (i).

Upon approval, the reimbursement shall be passed on to the Host in the next pay-out cycle for the Lease Rental.

vii. Where the NIRD has been repaired by the Host, the reimbursement shall only be passed on to the Host, after such 5 NIRDs have accumulated and the cost of repair of which have been borne by the Host.

Handling Total Loss/Theft cases
In the event a vehicle is stolen or totally damaged, the Host understands and agrees that soon after such an incidence has been reported to the Host and the Host thereafter chooses not to administer claims as per this Damage Policy, and instead chooses to encash his own insurance policy, Bharat Car shall not be liable to compensate the Host as per the Damage Policy hereunder. The Host agrees to waive his/her right to make any claims against Bharat Car and Bharat Car shall stand discharged of all claims/liabilities that have or may have arisen against Bharat Car.

If the Host chooses to administer his claims under this Damage Policy for events of theft /where the Vehicle has been used for any criminal activities /where the Vehicle is not recovered he/she acknowledges, agrees and undertakes to take full responsibilities for filing FIRs/complaints/declarations and making such complaints/reports of theft and all such cases with the relevant transport and judicial authorities or any other legal formalities as may be deemed necessary. The Host also agrees to extend full support to Bharat Car by furnishing all relevant documents (including but not limited to FIR/Complaint Copy, NOC, RC, Chassis no., etc.) as and when requested by Bharat Car.

Host hereby acknowledges and understands that the due procedure of law for institution and resolution of such case/s (mentioned above) takes substantial time. All settlement with respect to such cases (including but not limited to theft) shall only be undertaken post 120 (one twenty) working days from the date of receipt of such claim by Bharat Car, subject to the Host completing all necessary legal formalities specifically filing of FIR, blocking RC, or any other legal formalities as may be deemed necessary. At all times during the above-mentioned period, Bharat Car shall guide and assist Host/s with all such necessary legal formalities.

After filing of such a complaint/report, Bharat Car shall initiate the process for compensating the Host for such loss. Such compensation shall be subject to depreciation applicable to the vehicle.

The Host shall be compensated as per the Insurance Declared Value as per the Motor Vehicle Act, 1988 of the Vehicle (IDV) as prescribed hereunder. The compensation shall be passed on to the Host after deduction of certain mandatory deductibles as per insurance law like- compulsory excess, claims charges and salvage (in case of total loss claims).

For non-luxury vehicles:

AGE OF VEHICLE ( From Date of Registration)	% OF DEPRECIATION (from Ex Showroom Price)
Not exceeding 6 months	5%
Exceeding 6 months but not exceeding 1 year	15%
Exceeding 1 year but not exceeding 2 years	20%
Exceeding 2 years but not exceeding 3 years	30%
Exceeding 3 years but not exceeding 4 years	40%
Exceeding 4 years but not exceeding 5 years	50%
Exceeding 5 years but not exceeding 6 years	60%
Exceeding 6 years but not exceeding 7 years	70%
Exceeding 7 years but not exceeding 8 years	80%
Exceeding 8 years but not exceeding 9 years	90%
Exceeding 9 years but not exceeding 10 years	95%
Above 10 years	100%

For luxurious vehicles:

AGE OF VEHICLE ( From Date of Registration)	% OF DEPRECIATION (from Ex Showroom Price )
AGE OF VEHICLE ( From Date of Registration)	% OF DEPRECIATION (from Ex Showroom Price )
Not exceeding 6 months	5%
Exceeding 6 months but not exceeding 1 year	15%
Exceeding 1 year but not exceeding 2 years	20%
Exceeding 2 years but not exceeding 3 years	30%
Exceeding 3 years but not exceeding 4 years	40%
Exceeding 4 years but not exceeding 5 years	50%
Exceeding 5 years but not exceeding 6 years	55%
Exceeding 6 years but not exceeding 7 years	60%
Exceeding 7 years but not exceeding 8 years	65%
Exceeding 8 years but not exceeding 9 years	70%
Exceeding 9 years but not exceeding 10 years	75%
Exceeding 10 years but not exceeding 11 years	80%
Exceeding 11 years but not exceeding 12 years	85%
Exceeding 12 years but not exceeding 13 years	90%
Exceeding 13 years but not exceeding 14 years	95%
Exceeding 14 years but not exceeding 15 years	95%
Exceeding 15 years	100%

The Host understands and agrees that prior to receiving such compensation as per the Schedule, the Host shall be required to sign a settlement agreement acknowledging such settlement terms and receipt of compensation after necessary formalities have been concluded by the Host. The Host shall also have to subrogate all the rights in the vehicle and authorize and enable Bharat Car in further sale of such vehicle (if recovered by the Bharat Car) by transferring/canceling the registration certificate, other ownership documents and signing such transfer deeds as he/she may be instructed to by Bharat Car to facilitate such sale. In case of a total damage, the Host shall be required to dispose/sell the salvage of the vehicle on his/her own for settlement of the compensation as per this Damage Policy.

(v) CONTESTING THE REPAIRS:

In the case where the repairs have been carried out by Bharat Car, our executive will report all the repairs made at the time of dropping the vehicle at the designated location.

The Host must verify the repairs by means of a visual inspection/test drive as maybe necessary for determining the efficacy of such repairs.

iii. The Host understands and agrees that any objection to the quality of repairs/replacement can only be raised at the time of drop off of the vehicle and up to 24 hours from such drop off. Bharat Car shall not be liable to accept any claims/disputes as raised by the Host w.r.t such repairs after such time period has elapsed

Downtime Compensation

The Host shall be eligible for the following Downtime only for instances mentioned below.

Sr. No.	Instances Eligible for Downtime	Amount of Downtime Compensation	Maximum Downtime payable Period
1.	Handling of total loss/theft under clause 4 C	INR 500 per day	Upto 4 weeks

The amount shall only become payable 36 hours after the vehicle is taken to the designated workshop.

iii. No Downtime is provided to the Host if the Host Vehicle is out of production since the spare parts are not available/extremely difficult to procure for such vehicles. Regardless, the Host will still qualify for compensation under 4 A and 4 C in such cases.

This policy forms a part of the governing policies present on the Bharat Car’s website. All the terms mentioned herein along with the other Governing Policies listed on the website shall form the part and parcel of the Terms and Conditions for Host & Lessee mentioned on the website. It is hereby deemed that the Host/s has accepted the terms of this Damage Policy at the time of registering his/her vehicle on Bharat Car Hosts Services Platform.

Save big with our self drive cars

Contact

5A Vardan Tower, Lakhudi Rd, Vithalbhai Patel Colony, Nathalal Colony, Navjivan, Ahmedabad, Gujarat 380014

info@bharatselfdrive.com

+91 9638794665

Explore

Bharat Car Service PVT LTD