This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.tharinimobility.com (hereinafter referred to as the “Website ” is owned by Tharini Mobility Private Limited
For the purpose of these Terms and Conditions, wherever the context so requires, the term:
i. “Invoice” shall mean the invoice provided to the User after the User makes the payment for availing the Services through the Platform.
ii. Platform shall mean the Website through which the Services are provided.
iii. Rental Period shall mean the period for which the Services (as defined below) are availed by the User. This period shall be calculated from the time the User collects the Vehicle and up to the time the User returns the Vehicle.
iv.Services shall mean the services provided by Tharini Mobility i.e. renting of the Vehicles to the Users.
v. User shall mean any person who has agreed to become a member on the Platform by providing registration data while registering on the Platform as a registered user using the computer systems.
vi. Vehicle shall mean the vehicle rented by the User from Tharini Mobility along with all its parts including but not limited to, tires (including spare tire), tools, vehicle documents, accessories and equipment.
User s use of the Platform and Services are governed by the following terms and conditions (“Terms and Conditions“) as applicable to the Services including the applicable policies which are incorporated herein by way of reference. If the User avails the Services of Tharini Mobility, the User shall be subject to the aforesaid policies that are applicable to such Services. By availing the Services, the User shall be contracting with Tharini Mobility and these Terms and Conditions including the policies constitute Users binding obligations, with Tharini Mobility
For the purpose of these Terms and Conditions words importing the singular include the plural and vice versa, pronouns importing a gender include each of the masculine, feminine and neuter genders, and where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have the corresponding meanings.
Throughout theseTerms and Conditions, Tharini Mobility prior written consent means a communication coming from Tharini Mobility legal department, specifically in response to the User s request, and specifically addressing the activity or conduct for which the User seeks authorization.
When the User avails any of the Services, User will be subject to the rules, guidelines, policies, terms, and conditions applicable to the Services, and they shall be deemed to be incorporated into these Terms and Conditions and shall be considered as a part of these Terms and Conditions. Tharini Mobility reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to the User. It is the User s sole responsibility to review these Terms and Conditions periodically for updates or changes and in any event prior to availing the Services. The User s act of availing the Services following the posting of changes shall be deemed to mean that the User accepts and agrees to the revisions.
1.1. The Services are available only to persons who can enter legally binding contracts under Indian Contract Act, 1872 and are above the age of 18 years, holding a valid driver s license, without previous criminal records and without any restrictions on driving due to any medical conditions or any other restrictions imposed under any law including but not limiting to the Motor Vehicles Act, 1988, as amended from time to time.
1.2. Persons who are not-competent to contract within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, and person of unsound mind are not eligible to use the Platform or avail the Services.
1.3. Any person under the age of 18 shall not register as a User of the Platform and shall not transact on or use the Platform.
1.4. Tharini Mobility reserves the right to terminate any User s membership and/or refuse to provide such User with access to the Platform and/or initiate appropriate action against any User if it is brought to Tharini Mobility s notice or if it is discovered that such User is not eligible to use the Platform and/or avail the Services.
- RESPONSIBILITIES OF THE USER
2.1. The Vehicle shall be self-driven by the User only and the User shall not assign/sub-rent/license the Vehicle to any other person whatsoever.
2.2. The User through whose account the Services are availed shall be responsible for compliance of these Terms and Conditions and other laws, such User shall be liable for all losses including but not limited to claims, actions, demands, damages, penalties, fines, liability arising in case of contravention with these Terms and Conditions or any law.
2.3. The User shall present the original photo identity documents as well as the driving license uploaded on the Platform while availing the Services, at the time of obtaining delivery of the Vehicle, failing which Tharini Mobility shall be entitled to refuse the delivery of the Vehicle and cancel the Services. In such an event both booking amount and security amount shall be forfeited and no refund will be made.
2.4. GPS navigation device and/or child safety seat may be made available on prior request with additional charges, subject to availability. User shall be responsible to install the child safety seat in a secure manner and verify the safety of the child safety seat. Tharini Mobility will not be liable for any injury, damages or any other occurrence as a result of child restraints not being correctly fitted or used.
2.5. The User will provide contact details of an emergency contact while availing the Services on the Platform.
2.6. The User will intimate Tharini Mobility, about the destination where the Vehicle will be driven and the route taken to reach such destination.
2.7. The User shall return the Vehicle, to the agreed return location and on the date and time specified in the Invoice, unless the User requests and Tharini Mobility agrees to an extension in writing, or sooner upon demand being made by Tharini Mobility.
2.8. Upon the User’s request, Tharini Mobility may provide for a pick up facility of the Vehicle from the User, the charges for such facility will be as mentioned in the Invoice or as intimated by Tharini Mobility to the User while processing such request.
2.9. The User shall ensure that the Vehicle at the time of return is in proper operating condition, undamaged and clean.
2.10. In event of any damage caused to the Vehicle, other than normal wear thereof, the User agrees to repair and/or replace the damaged Vehicle part at his own expense with a new Vehicle part of the same dimension/branding an authorized service center for such Vehicle as intimated by Tharini Mobility and after obtaining prior approval from Tharini Mobility.
2.11. In case of loss or damage to any of the papers or documents pertaining to the Vehicle during the Rental Period, the User will pay Tharini Mobility all the expenses incurred by it in applying for such documents and the User will also be liable to pay a fine upon demand.
2.12.The Vehicle, including the odometer of the Vehicle shall not be damaged or tampered with, and in case of such damage or tampering, the User shall be liable for cost of replacement of the same. Tharini Mobility judgement on the damage and/or tampering with the Vehicle, the odometer shall be final.
2.13. The User shall not damage, tamper, remove or make any changes to the registered number plate of the Vehicle. In case of violation of this requirement, the User shall be liable to pay such penalties as imposed by Tharini Mobility at its sole discretion. Additionally, Tharini Mobility reserves the right to take legal recourse against the User as deemed fit by Tharini Mobility.
2.14. No smoking is permitted inside the Vehicle. Failure to comply with this requirement may lead to the immediate cancellation of the Services, without a refund. Moreover, the User may be held liable for the charges related to cleaning the Vehicle, as well as any damage caused by burns to any part of the Vehicle including without limitation the seats and/or the carpets (flooring).
2.15. The User’s acceptance of delivery of the Vehicle will be considered as the User’s acknowledgment of having received the Vehicle in good condition. The User shall be solely liable for cost of all fuel consumed during the Rental Period.
2.16. User is permitted a buffer of 30 (Thirty) minutes for returning the Vehicle subject to payment of late returning charges as mentioned in the Invoice and as intimated on the Platform at the time of availing the Services, post which next hour rental will be applicable, as the case may be.
2.17.The User shall return the Vehicle in the same good order and condition, as had been delivered to the User. The decision of Tharini Mobility in respect of the order and condition of the Vehicle and Vehicle Parts shall be final.
2.18. The vehicle will be returned to Tharini Mobility with same fuel quantity as was provided. In the event User does not provide the fuel as has been mentioned, Tharini Mobility shall have the right to charge the User for the deficit quantity of the fuel.
2.19. If the Vehicle requires cleaning or washing after the User has returned it, the User will be held liable for the cleaning or washing expenses. The decision of Tharini Mobility in respect of the need for cleaning or washing the Vehicle shall be final.
2.20. The User shall take all necessary steps to protect the interest of Tharini Mobility and of its insurance company and shall ensure that the Vehicle is not used for any purpose not permitted by the terms and conditions of the relevant policy of insurance nor do or allow to be done any act or thing where by any such policy of insurance may be avoided nor taken outside any territorial limit stipulated in such policy of insurance. The User shall further participate as an insured under an automobile insurance policy. The User is bound by and agrees to the terms and conditions thereof. The User agrees further to protect the interests of Voler and its insurance company, at its entire cost and expense, in case of an accident or theft by doing the following, as applicable:
a)Taking reasonable steps to secure medical attention to the injured person and ensuring that a registered medical practitioner immediately attends the injured person and renders medical aid to him.
b) Notifying the police immediately if another party s guilt has to be ascertained, or if any person is injured.
c) Not admitting liability or guilt or giving money to any persons involved in the accident before obtaining the written consent of Tharini Mobility
d) Give on demand by a police officer any information required by him or, if no police officer is present, report the circumstances of the occurrence to the nearest police station and in any case within 24(Twenty Four) hours of the occurrence.
e) Contacting Tharini Mobility immediately by telephone or e-mail and forwarding a copy of FIR (if applicable) and/or summons complaint or paper in relation to such loss even in case of slight damage; further completing Tharini Mobility s accident report, including diagram as required on return of Vehicle.
f) Provide all assistance to Tharini Mobility r, in claiming insurance from the insurance company by providing all the necessary information and/or documents required by Tharini Mobility including but not limited to date, time and place of accident, particulars of the persons injured or killed in the accident and name of the driver and the particulars of his driving license.
g) Pay Tharini Mobility on demand, any expense incurred by it in repairing or replacing the car, regardless of the insurance coverage.
h) Obtaining names and addresses of the parties involved in the accident, and of witnesses.
i) Not abandoning the Vehicle without prior written approval of Tharini Mobility
2.21. The User agrees that the Vehicle shall not be operated:-
a)To transport goods or animals in violation of customs regulations or in any other illegal manner.
b)To carry passengers or property for a consideration express or implied.
c)To propel or tow any vehicle or trailer.
d) In motor sport events (including racing, pace making, rallying, reliability trials, driving lessons speed testing, off-roading events and any other events of similar nature).
e) The User will not decorate the Vehicle and/or affix any ornament, ribbons, flowers or any such decorative item on the exterior as well as inside of the Vehicle.
f)By the User or any other person under the influence of alcohol or drugs or with a blood alcohol concentration above the limit prescribed by the applicable law.
g) By any person other than the User; in the case of a breakdown or accident, by a motor vehicle mechanic provided that he is duly qualified and licensed and holds a valid driving license.
h) Outside geographical boundaries of the Republic of India without the written consent of Tharini Mobility,
i) To drive the Vehicle in off-road areas, hilly terrains, water bodies and/or terrorism/naxal affected areas.
j) User will not take the Vehicle to any area which has recently witnessed or is an area which is prone to riots, naxal or terrorist attacks. User will exercise his judgement and at all times during the Rental Period use the safest and most appropriate routes while driving the Vehicle.
2.22. That User shall during the Rental Period:
a)Always lock the Vehicle when not in use and ensure that it is adequately protected against damage due to adverse weather conditions, arson, riot, theft, etc.
b) Not allow any person other than personnel of an authorized service center without the prior authorization of Tharini Mobility to carry out any work of any nature in any manner on the Vehicle.
c) Not hold him/her out as or purport to act as the agent of Tharini Mobility for any purpose whatsoever.
d) Be fully responsible for any loss or damage caused to the Vehicle howsoever occasioned other than normal wear and tear. The User shall give immediate notice to Tharini Mobility and subsequently confirm in writing by sending through speed post/courier and also e-mail within 24 (Twenty Four) hours of any loss or damage caused to the Vehicle or any break down, malfunction or other failure thereof. The obligations of the User hereunder shall not be prejudiced by the existence of any policy of insurance in respect thereof. The User shall not continue to use the Vehicle in the event of damage to or a breakdown of the Vehicle if to do so would or might cause further damage to the Vehicle.
e) Not permit any pets inside the Vehicle.
f) Not consume any food inside the Vehicle.
g) Neither remove nor change or tamper with the number plate, any name or other mark identifying the ownership of the Vehicle.
h)Neither use nor allow the Vehicle to be used for any illegal purposes or for any purpose of which it is not suitable or desirable.
i)Neither use nor allow anyone to carry passengers more than permitted by the registration paper.
j) Acknowledge that the Vehicle is and shall be throughout the period of its hiring be the sole property of Tharini Mobility and/or its affiliates and all rights thereto shall vest in Tharini Mobility and/or its affiliates.
k) Inform Tharini Mobility about the location of the Vehicle at timely intervals as mentioned in the Invoice.
2.23. The User shall adhere to the following rules while driving the Vehicle:
a) User shall not drive the Vehicle in any public place at a speed exceeding the maximum speed or below the minimum speed prescribed for such place for the Vehicle.
b) The User shall drive the Vehicle in conformity to the driving regulations made by the central Government or directions given by the police officer, including but not limited to The Motor Vehicles Act, 1988, the Central Motor Vehicle Rules and/or 1989, the Rule of the Road Regulations, 1989.
c) The User shall not park the Vehicle or remain at rest in the Vehicle in any place in such a manner, which may cause obstruction, danger or undue inconvenience to other users of the public place or adversely affects the safety of the Vehicle.
d) The User shall at the approach of an unguarded railway level crossing, halt the Vehicle and the User or any other person shall walk to railway crossing and ensure that no train or trolley is approaching from either side before crossing the railway crossing.
e) The User shall halt the Vehicle and remain stationary, when required to do so by a police officer in event the Vehicle is involved in an accident.
f) The User shall halt the Vehicle and remain stationary, when required by a person in charge of an animal who apprehends that the animal is or being alarmed by the Vehicle.
g) The User shall provide all information regarding the name and address and the driving license held by the User to any police officer when asked for the same.
2.24. In the event that the User is in violation of the requirements stated in Clause 2.21, 2.22 and 2.23, Tharini Mobility shall be entitled to impose on the User a minimum fine/penalty of INR 10000 (Rupees Ten Thousand only).
2.25. The User is personally liable to pay to Tharini Mobility on demand, the charges for pick-up service, drop service, fuel and miscellaneous charges at the rates specified in Invoice.
2.26. Tharini Mobility shall be at liberty to adjust/deduct/set off all the above expenses mentioned in this Clause 2 from the Security Deposit (as defined below).
- DISCLAIMER REGARDING SERVICES
3.1. The User acknowledges that the use of the Services is at his sole risk. Tharini Mobility disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness of the Services offered by it.
3.2. Tharini Mobility shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use of the Services or due to Tharini Mobility failure to provide the Services at all, for any reason whatsoever whether or not beyond the control of Tharini Mobility
- ROAD SIDE ASSISTANCE AND REPLACEMENT VEHICLE
Road side assistance and/or a replacement vehicle may be provided in accessible areas (subject to availability of resources and vehicle in similar segment in the city) in such cases where the Vehicle develops such a problem that restrains the User from its use. Tharini Mobility shall make all efforts to ensure that the Vehicle manufacturer or a third party partner of Tharini Mobility r provides road side assistance to the User in such cases. Tharini Mobility s decision related to replacement of the vehicle shall be final. However, Tharini Mobility provides no guarantee that such replacement vehicle will be made available.
- VOLER S RIGHTS
5.1. The User understands that Tharini Mobility has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, Tharini Mobility can (and the User hereby expressly authorizes Tharini Mobility to) disclose any information about the User to law enforcement or other government officials in accordance to law and including but not limited to the Information Technology(Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009, the Information Technology (Procedure for Safeguards for Blocking for Access of Information by Public) Rules, 2009, the Information Technology (Procedure and Safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, or any other law as V Tharini Mobility, in its sole discretion, believes is necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
5.2. The User understands that Tharini Mobility has the right at all times to track the Vehicle, using GPS, primarily for security reasons and/or for any other reasons deemed necessary by Tharini Mobility.
5.3. In the event of any breach by the User of any of the terms and conditions hereof, Tharini Mobility may without notice repossess the Vehicle and for such purpose may enter upon premises where the Vehicle may be situated and remove the same and the User shall be responsible for and shall indemnify Tharini Mobility against all actions, claims, costs and damages consequent upon or arising from such repossession and removal.
5.4.The User understands that Tharini Mobility has the right at all times to retain the credit/debit card/internet banking/e-wallet details of the User in order to satisfy any claim that may arise in the future due to any reason attributable to the User.
6.1. Such charges are subject to revision at any time at Tharini Mobility s sole discretion. The User shall be intimated the revised charges at the time of making the payment.
6.2. In case an extension of the Rental Period is permitted by Tharini Mobility as per User’s request an additional charge as intimated to the User at the time of availing the Services on the Platform and as mentioned on the Invoice provided for the extended period shall be payable.
6.3. Any fine arising from parking, traffic or driving violation will be charged along with 100% surcharge on such amount, VAT/Service Tax at applicable rates will be charged extra. Any increase in tax or the incidence of new taxes will be charged directly from the User in addition to the rental charges.
6.4. All charges including but not limited to parking charges, towing charges, impounding charges and toll charges during the Rental Period shall be borne by the User.
6.5.If the User intends to pay the dues and/or charges of V Tharini Mobility by credit/debit card/internet banking/e-wallet, then the User’s action of proceeding to pay for availing the Services after being notified of these Terms and Conditions and any other terms that may be sent to the User by email constitutes authority for Tharini Mobility to compute and debit the final total charges the User’s account with the specified card issuing organization. The rate of exchange used on any currency conversion shall be conclusively determined by Tharini Mobility as per prevalent market rates for purchase of foreign currency at a full-fledged money exchange.
6.6. The User authorizes Tharini Mobility to adjust/deduct/set off all charges for use of the Vehicle and/or any damage and/or any liability that may arise due to the User availing the Services directly from the Security Deposit.
6.7.At the time of return of the Vehicle to Tharini Mobility by the User, if Tharini Mobility detects any damage in the Vehicle, Tharini Mobility shall intimate to the User details of such damage and the cost payable for such damage. If the User fails to pay such cost even after intimation from Tharini Mobility within 7(Seven) days, it shall be deemed acceptance by the User of his liability to pay for such damage and on such happening, the User authorizes Tharini Mobility to adjust/deduct/set off cost of such damage from the User using the credit/debit card/internet banking/e-wallet details of the User provided to Tharini Mobility at the time of availing the Services on the Platform.
6.8. The User hereby understands and agrees that refund of balance of Security Deposit or any inadvertently charged amount to user s credit/debit card/internet banking account/e-wallet shall be released/credited to user scredit/debit card/internet banking account/e-wallet by the concerned bank. Tharini Mobility shall not be responsible for any delay by the concerned bank in this regard.
6.9. Payment of any charges/fees payable for availing the Services shall not be allowed to be made in cash.
6.10. Without limiting the generality of the foregoing, the User hereby accepts the following terms and Tharini Mobility entitlement to charge any one or more of the following additional amounts or surcharges from the User for any non-compliance of the terms and conditions provided herein and applicable to the User, in addition to the charges payable by the User for procuring the Services:
|Sr. No.||Action / Non-Compliance||Additional Amounts / Surcharge|
|1.||Failure to return the car at the scheduled location||Rs. 1,500|
|2.||Return of car delayed beyond the scheduled time||Rs. 400 per hour for every hour beyond the scheduled time|
|3.||Performing any unauthorized activity such as carrying arms and ammunition, any intoxication, commercial activity||Rs. 5,000 plus User will be held liable for any legal action arising out of these activities|
|4.||Violation of traffic regulations||Rs. 1,000
In addition, the actual fine charged due to traffic violation will be charged from the User
|5.||Smoking in the car||Rs. 2000 or the repair amount, whichever is higher|
|6.||Any loss of car accessories such as [Baby seat, Tablet etc.]||Rs. 5000 or actual cost of the accessory, whichever is higher|
|7.||Not keeping the car clean and/or littering in or dirtying the car||Rs. 1000 or the cleaning cost of the car, whichever is higher|
|8.||Tampering with the devices such as GPS etc.||Rs. 5000 plus the actual cost of the repair or the fitment will be charged from the User|
|9.||Driving at a speed above maximum speed limit of 125 km per hour||Warning will be issued on first violation|
|On second violation, Rs. 1000 will be charged|
|For subsequent violations, Rs. 1500 will be charged per violation|
|In case of over speeding above 150 km per hour, Rs. 1500 will be charged and the user will face expulsion from membership|
|10.||Causing any damage to the car||Upto Rs. 5000 shall be charged as damage cost|
|11.||Causing external branding on the car||Rs. 5,000 will be charged plus any expenses arising out of repair cost or such damages will be charged to the User|
|12.||Failure to submit original documents||Forfeiture of Security Deposit and booking amount|
|13.||Failure to return car keys||Rs. 2000 will be charged plus any replacement cost incurred will be charged to the User|
|14.||Towing or impounding of the car due to User s fault||Full towing/impounding cost on actuals shall be charged from the User|
|15.||Driving under the influence of alcohol||100% of vehicle damage shall be charged. The additional charges payable shall be over and above the Security Deposit.|
|16.||Any intentional damage such as continuing to drive after accident or under extreme conditions or rash driving etc.||100% of vehicle damage shall be payable. The additional charges payable shall be over and above the Security Deposit.|
|17.||The User not driving himself (only the account holder of the present booking is allowed to drive)||100% of vehicle damage shall be charged. The additional charges charged shall be over and above the Security Deposit.|
- SECURITY DEPOSIT
At the time of delivery of the Vehicle to the User, Tharini Mobility shall have the right to block an advance deposit at a rate as intimated at the time of availing the Services on the Platform and as provided in the Invoice (“Security Deposit”). This will be treated as a security deposit and in case of any unpaid dues as per these Terms and Conditions and/or damage to the Vehicle, the unpaid dues, penalties under Clause 6.11 and/or cost of damage will be adjusted/deducted/set off from the Security Deposit.
- CANCELLATIONS AND REFUNDS
8.1. Tharini Mobility reserves the right of refusing delivery of the Vehicle to the User or to cancel a reservation made by the User for the reasons as stated in the Tharini Mobility r Cancellation and Reschedule Policy provided on www.volercars.com
8.2. In an event wherein cancellation is done by Tharini Mobility for reasons other than mentioned on Cancellation and Reschedule policy, Tharini Mobility shall refund the booking amount. Tharini Mobility cannot be held liable for cancellations due to fog, earthquake, floods, fire, riots, strike or circumstances beyond its control and in such cases, only booking amount will be refunded. Tharini Mobility shall in all such cases endeavor to inform the User about such cancellation together with reasons thereof at the earliest. Parties hereby agree that under no circumstance the liability of Tharini Mobility shall exceed the Vehicle rental charges.
8.3.In an event wherein cancellation is done by Tharini Mobility due to unforeseen circumstances, Tharini Mobility will Endeavour to provide the User with an alternate vehicle from the list of available vehicles at that given point of time. In the event where the tariff for the alternate vehicle is higher than the one reserved by the User, the reservation for the alternate vehicle, shall not be deemed to be confirmed until the User accepts the revised tariff. In the event, where the tariff for the alternate vehicle is lower than the one reserved by the User, the difference in final tariff will be reimbursed to the User.
8.4. In case of daily rental, if the booking is cancelled 24(Twenty Four) hours prior to the scheduled pick up time, 20 (Twenty) Percent of the Total Trip cost as cancellation charges will be applied. If the booking is cancelled within 24(Twenty Four) hours of the scheduled pick up time, 50 (Fifty) percent of the Total Trip cost will be charged and if booking is cancelled on pick up time, it will be treated as no show and no amount will be refunded.
8.5. There shall be no refund on cancellation of Vehicles under hourly rental.
8.6. In case of no show, no amount will be refunded to the User. For the avoidance of doubt a no show shall mean the event wherein the User does not claim delivery of the Vehicle within 4 (Four) hours of the pre-decided delivery time.
8.7. No modifications in the reservation by the User are permitted later than 3 (Three) hours before the Vehicle pickup or delivery time, as the case may be. Permitted modifications, along with the charges applicable on such modifications, shall be as mentioned in the Tharini Mobility cancelation and reschedule
- COLLECTION OF PERSONAL DATA
9.1. By availing the Services through the Platform, the User authorizes Tharini Mobility to collect personal information (including but not limited to, name, contact preferences telephone number, mailing address, e-mail address, Vehicle use data, location tracking, driver s record, personal identification documents, driver s license, vehicle history report from all applicable entities and authorities) ( Personal Information ) and other non-Personal Information about the User and use and/or disclose the same if Tharini Mobility believes 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, including investigation of potential violations thereof, or (d) protect against harm to the rights, safety of the Vehicle or other properties of Tharini Mobility, its users or the public as required or permitted by law, (e) to protect Tharini Mobility against third-party claims. Tharini Mobility may also provide and/or disclose such information to any other trusted businesses or persons for the purpose of processing personal information on behalf of Tharini Mobility. Tharini Mobility shall however, not be liable for any misuse of any personal or non-Personal Information of the User by any third party.
9.2.By availing the Services, the User agrees that the information provided on the Platform may be stored, processed and transmitted manually/electronically by Tharini Mobility. The User also agrees to provide accurate information on the Platform while availing the Services and shall be liable for any damages and disputes arising due to the inaccuracy of the information.
- TRADEMARK, COPYRIGHT AND RESTRICTION
10.1. The Platform is controlled and operated by Tharini Mobility.. All material on the Platform, including artwork, computer code, design, structure, selection, co-ordination, expression, the look, feel and arrangement of the content on the Platform, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Platform is solely for the User’s personal, non-commercial use. The User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and also, the User must not assist any other person to do so.
10.2. Voler respects the intellectual property of others. In case any person feels that his intellectual property has been infringed, he can write to Tharini Mobility at. info@Tharini Mobility.com
11.1. The User hereby releases and agrees to indemnify Tharini Mobility r from and against any liability for loss or for damage to any property (including costs relating thereto) left, stored or transported by the User or any other person in or upon the Vehicle before or after return of the Vehicle.
11.2. The User shall be solely responsible for and shall keep Tharini Mobility fully indemnified against any loss, theft, damage, costs, accident or injury (including death) to persons or property, including loss, theft, damage, accident of the Vehicle, accruing in connection with the Vehicle or as a result of the negligent use thereof and against any breach of obligation by the user of the Vehicle.
11.3. The User shall keep Tharini Mobility fully indemnified including its directors, employees and shareholders against all losses, liabilities, costs actions, claims, any fines or penalties imposed ( Losses ) in respect of these Terms and Conditions or arising out of or in connection with use of the Vehicle including Losses on account of any third party liability, damage to the vehicle, accidents, illegal use of the Vehicle, misrepresentation or breach of its obligations by the User.
11.4. The User hereby acknowledge that for the purposes of the Motor Vehicles Act, 1988, the User shall be liable in respect of the Vehicle for any of the offences which may be committed under the applicable law and for any liability with respect to the use of the Vehicle including but not limited to any challans, penalties, third party liability, accidents and the User shall indemnify against any losses, damages, costs and liabilities etc., in this regard.
- LIMITATION OF LIABILITY
12.1. In no event shall Tharini Mobility be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms and Conditions and the Services, even if the User has been informed in advance of the possibility of such damages.
12.2. Subject to the above and notwithstanding anything to the contrary contained in these Terms and Conditions, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of Tharini Mobility towards any User, regardless of the form of claim, be INR
12.3. The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein.
- LIQUIDATED DAMAGES
The User acknowledges that Tharini Mobility has agreed to provide the Services on the representations and warranties set out herein and the covenants provided by the User. In the event that the Vehicle is damaged, stolen or destroyed on account of any of the representations or warranties provided by the User being untrue or due to the breach of any covenants of the User. Tharini Mobility r, in its sole discretion, regardless of any insurance coverage will be entitled to seek as damages for the same in the nature of liquidated damages (not being penalty), (a) an amount of INR 5000 (Rupees Five Thousand only) or (b) sum of the following, (i) 100% losses incurred by Tharini Mobility in repairing and restoring the Vehicle; and (ii) 100% value of the Vehicle, whichever may be higher.
- APPLICABLE LAW
- JURISDICTION FOR DISPUTE RESOLUTION
15.1. Any dispute or disagreement arising out of these Terms and Conditions including but not limited to issues relating to the rights and liabilities of both the Users and/or Tharini Mobility, interpretation of these Terms and Conditions, and all such other issues arising out of these Terms and Conditions shall be referred to a sole arbitrator appointed by Tharini Mobility.
15.2. The arbitration proceedings will be governed by the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in Kolkata, India and conducted in English.
15.3. The Terms and Conditions will be enforceable, and any arbitration award will be final, and judgement thereon may be entered in any court of competent jurisdiction.
15.4. To the extent permitted under the Arbitration and Conciliation Act, 1996 the User agrees that all claims, differences and disputes arising under or in connection with or in relation to these Terms and Conditions and the Services, or any transaction entered into on or through the Platform or the relationship between the User and Tharini Mobility shall be subject to the exclusive jurisdiction of the courts at Kolkata and the User hereby accedes to and accepts the jurisdiction of such courts.
- CONTACT US
Please send any questions or comments (including all inquiries related to copyright infringement) regarding this Platform to info@Tharini Mobility.com
- GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below