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Terms of Service

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 THE COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURE.

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 GOVERN TERMS AND CONDITIONS FOR AVAILING BIDRYDE SERVICES AND THE USE OF THE SERVICES OFFERED THROUGH WEBSITE www.bidryde.in AND MOBILE APPLICATION UNDER THE NAME AND STYLE OF ‘BIDRYDE’ (COLLECTIVELY REFFERED AS “ PLATFORMS ”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE, REGISTERING ON THE WEBSITE, ACCESSING ANY MATERIALS, INFORMATION, OR SERVICES AVAILABLE THROUGH THE WEBSITE. DO NOT USE THIS WEBSITE OR ANY BIDRYDE SERVICES OFFERED THROUGH THE PLATFORMS IF YOU DO NOT AGREE WITH THESE TERMS

The Site and App (each a "Platform") are owned and operated by Bidryde Mobility Technologies Private Limited, a company incorporated under the Companies Act of 2013 with a registered office at Nyn Arcade, Lumbini Enclave Plot 108, Gachibowli, Euro School, Gachibowli, Hyderabad – 500032 (also referred to as "Bidryde", "we", "us", or "our"). Access to and use of the Platform and its services are subject to our general Platform terms (the "General Terms"), privacy policy (the "Privacy Policy"), fee policy (the "Fee Policy"), and service-specific terms.

These Terms of Service, including specific terms and conditions applicable to Hosts and Lessees and Add-on Services ("Agreement"), when read along with the Privacy Policy, Fee Policy, and other applicable policies ("Governing Policies"), create the legally binding terms and conditions under which Bidryde offers to you or the entity you represent ("you", "User", or "your") the Bidryde Services (defined below), including your access to and use of Bidryde Service

Please read each of the Governing Policies thoroughly to ensure that you comprehend each provision before using or registering on the Platforms or gaining access to any content, information, or services. If you do not concur with any of its terms, you may not use the Platform or any services offered through it. The Effective Date of the Governing Policies is when you select a "I Agree" button or checkbox presented with these terms or, if earlier, when you use any of the Platform's services (the "Effective Date"). To better serve you, our Platform is continuously evolving, and we reserve the right to modify or discontinue the Platforms at any time and without notice, at our sole discretion.

ELIGIBILITY

The Bidryde Services are restricted to users who are at least 18 years old and who meet the specific criteria listed below. It is expressly forbidden for anyone who does not meet these requirements to utilise the Bidryde Services.

Criteria for Host/Vehicle Eligibility

  • The Host must have legitimate passport, Aadhar number and/or other form of government issued identification document.

  • The vehicle(s) proposed for listing must be eligible non-transport or private personal use vehicles registered exclusively in your name. At the time of listing, the vehicle(s) in dispute should not be subject to any pending insurance claims and/or other ongoing litigations, legal claims, or other claims that may arise from tort or law.

  • Your vehicle must be registered, located in the Indian state in which it is to be listed, and have a legitimate registration certificate issued by a regional transport authority in accordance with the Motor Vehicles Act, 1988 ("MVA").

  • Your vehicle must be less than seven years old and satisfy all legal requirements for registration and use in the state in which it is registered.

  • Your vehicle must be clean, well-maintained, and equipped with essential accessories, such as a safety device, in accordance with the maintenance, component, and safety standards/equipment specifications attached hereto as Annexure I.

  • You must adhere to our exclusivity policy, which stipulates that the vehicle you list on the Platform must be shared exclusively on the Platform and cannot be listed on any other car sharing/leasing platform.

  • The Motor Vehicle Act of 1988 stipulates that your vehicle must have Third-Party Comprehensive Insurance as a minimum requirement.

  • Your vehicle must have fewer than 80,000 kilometers on the odometer and never have been declared a total loss.

  • You must have In-Vehicle Devices installed in your vehicle to ensure safety and vehicle tracing.

Lessee eligibility criteria

  • The Lessee must possess a legitimate driver's license issued by the appropriate Indian government authority.

  • The Lessee must possess a legitimate passport, Aadhar number, or other government-issued identification.

  • The Lessee must be legally solvent and have a minimum monthly income of at least INR 30,000, as evidenced by a six-month bank account statement.

  • The Lessee must not have possessed any recent vehicle accidents within the past year, significant traffic violations within the past year, more than two recent moving violations, or a history of non-payment or failure to pay.

  • The Lessee must have a spotless criminal history, including but not limited to no felony(s), No violent crime(s), theft(s), or drug-related offense(s).

REGISTERATION AND ACCOUNT CREATION

To access and use the Bidryde Services, you must open an account on the Platform with a valid email address by providing certain complete and accurate information and documentation, such as your name, date of birth, an email address and password, and other identifying information as may be required to open the account on the Platform. Each user is restricted to one account on the Platform. Please review the list of documents that you will be required to submit as part of the Platform's registration procedure. Bidryde may request the submission of additional documents, as it deems necessary for the facilitation of Bidryde Services, on an as-needed basis.

For Hosts:

1. Registration Certificate.

2. Pollution Under Check Certificate.

3. Car Insurance.

4. Current Address Proof. (Rent Agreement/Company Allotment Letter etc.)

5. Valid Government ID Card (Aadhar, Voter’s ID, Passport etc)

6. PAN Card

For Lessee:

1. Valid Driver’s License.

2. Valid Government ID Card (Aadhar, Voter’s ID, Passport etc)

3. Cancelled Cheque in name of the Host

4. Current Address Proof. (Rent Agreement/Company Allotment Letter etc.)

After creating an account with us, you are responsible for maintaining the secrecy of your username, password, and other information used to register and sign in to our Platform, and you are fully responsible for all activities that occur under this username and password. Please notify us immediately at support@bidryde.in of any unauthorised use of your account or any other breach of security. You agree that any information you provide when interacting with us or third-party service providers will be accurate, complete, and up-to-date. You acknowledge that the information you provide is neither confidential nor proprietary, and that it does not violate the rights of any third party.

By registering on the Platform, each applicant, i.e., the Host and the Lessee, authorizes Bidryde to verify the documents submitted by such applicant through the Platform, and Bidryde reserves the right to do so at its sole discretion. Bidryde may, at 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. You authorize Bidryde to request, receive, use, and store such information in accordance with our Privacy Policy. Moreover, Bidryde reserves the right, at its sole discretion, to suspend or terminate the Bidryde Services for any registered user whose account is still active. Bidryde may provide any necessary information to Hosts, insurance companies, or law enforcement agencies in order to facilitate the filing of a stolen vehicle claim, insurance claim, vehicle repossession, or legal action.

EACH HOST AND LESSEE ACKNOWLEDGES AND AGREES THAT: (1) NEITHER BIDRYDE NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORISED TRANSACTION MADE USING ANY USERNAME OR PASSWORD; AND (2) THE UNAUTHORISED USE OF YOUR USERNAME AND PASSWORD FOR YOUR PLATFORM ACCOUNT MAY CAUSE YOU TO INCUR LIABILITY TO BOTH BIDRYDE AND OTHER USERS.

USE OF OUR SERVICES

Bidryde Services: Bidryde Services is a marketplace function of the Platform, as described in greater detail below. Bidryde Services connect vehicle proprietors ("Hosts"/ "Lessors") with customers in temporary need of a vehicle on a leasehold basis ("Lessee") for personal use. Bidryde does not lease or otherwise deal with such vehicles and only provides a service connecting Hosts and Lessees in order for them to engage into a Lease Agreement (as defined below). You acknowledge and agree that Bidryde is not a party to the Lease Agreement between you as the Host and you as the Lessee, nor is it a transportation service, agent, or insurer. Bidryde disclaims responsibility for the actions of Users of the Bidryde Services, over which it has no control.

The objective of Bidryde Services is to establish and provide a robust marketplace of reputable Hosts and Lessees. Although Bidryde Services facilitates the transaction between Hosts and Lessees, we cannot guarantee the quality or safety of the vehicles listed on the Platform, nor can we guarantee the accuracy or veracity of any listings, nor can we guarantee that Hosts and Lessees will complete a transaction, including the fulfilment of payment obligations.

Services Information : While you may use certain sections/features of the Platform without enrolling with us, you must register to create an account in order to access the Bidryde Services. Subsequently, only Hosts and Lessees who meet the eligibility requirements (described below) will be permitted to use the services in accordance with the terms and conditions of this Agreement.

Bidryde Services include (a) the marketplace feature of the Platform that allows Hosts and Lessees meeting the applicable eligibility criteria listed below to connect for leasing of a 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/sanitation, vehicle delivery, on-road assistance, and prospective Lessee due diligence. and vehicle usage/location tracking ("Add-on Services"); (iii) web interfaces, feeds, mobile device software applications, applications for third-party web sites and services, and any other mobile or online services and/or applications owned, managed, or provided by Bidryde. Bidryde makes every effort to be as precise as feasible when describing the Bidryde Services. Bidryde does not, however, warrant that the Bidryde Services, information, or other Platform content is accurate, complete, dependable, up-to-date, or error-free. There may be typographical errors or inaccuracies on the Platform, and it may not be complete or current.

Bidryde reserves the right to rectify, change, or update any information, errors, inaccuracies, subjective conclusions, interpretations, views, opinions, or even human error at any time (including after an order has been submitted) and without prior notice. Please note that such errors, inaccuracies, or omissions may also relate to Bidryde Services and availability. The user of Bidryde's services shall not hold Bidryde liable for any loss or injury arising from the use of these services

VEHICLE ONBOARDING & LISTING BY THE HOST

Once a user account has been created, Hosts can onboard and list their vehicle(s) for leasing on the Platform by following the steps available at https://www.bidryde.in/host Each listing shall have a defined start time and end time (the period between the Start Time and the End Time shall be referred to as the "Listing Period"), as well as a choice of Designated Location (as detailed below).

Listings can be created at least 3 hours in advance via the Platform. The Host must ensure that the vehicle is available for reservations at the Designated Location during a Listing. Each Listing Period has a minimum duration of 24 hours and a maximum duration of 3 months.

Listing Cancellation / Rescheduling: Host reserves the right to terminate or reassign a listing at any time. Cancellation or rescheduling of a Listing under certain conditions will incur fees as specified in the Fee Policy

Designated Location: The vehicle must be positioned at the location designated by the Host. The host is responsible for ensuring the vehicle is positioned in a tidy, secure, and easily identifiable area (a "Designated Location"). The Host is permitted to specify up to two (2) Designated Locations within the city limits. The Host must provide Bidryde with specific directions to the Designated Location(s) in order for Delivery Partners to locate and access the vehicle. If a Designated Location has restricted access, the Host must ensure that Delivery Partners can access the location to facilitate a seamless pickup.

For the use of the listing service, you must permit Bidryde personnel/representatives to appraise your vehicle and implement the In-Vehicle Device in your vehicle to guarantee its complete safety. After installation or fitting of the In-vehicle Device, your vehicle will be returned to the location you specify. You expressly agree not to tamper with or remove these In-Vehicle Devices. You further agree and acknowledge that such installed In-vehicle Devices may require minor changes from time to time, and you agree to provide full access to the vehicle to Bidryde or any other party designated by Bidryde for the purpose of modifying such devices. In the event that you remove or otherwise tamper with the In-vehicle Devices, you agree to pay Bidryde the actual cost of each affected In-vehicle Device. Bidryde reserves the right to deduct the aforementioned amount from the amount it will pay you. Both the Host and Lessee acknowledge and agree that Bidryde shall not be liable for any consequential damages resulting from the unauthorized removal and/or tampering of an In-Vehicle Device by either party. For the purposes of this Agreement, "In-Vehicle Devices" refers to the various devices selected by Bidryde to be installed in the vehicle for the security, safety, tracking, and health monitoring of the vehicle.

Host hereby expressly consents to any consequential loss and warranty loss, such as OEM "Original equipment Manufacture" warranty, that you may incur as a consequence of installing the In-vehicle Device in the vehicle. Bidryde will compensate the Host for any consequential losses to the electrical wiring that may be covered by the OEM's Electrical Warranty and occur during the Lessee's use of the vehicle as a result of the same. Bidryde will not provide any recompense if this Agreement or your account is terminated for any other reason. Other than the In-Vehicle Devices, you will not install any additional devices in the vehicle for customer privacy, GPS, or any other purpose. upon termination of this Agreement for any reason. Bidryde will be authorised to remove the In-Vehicle Device affixed in the vehicle, and if you fail to do so for a reason attributable to you, you will be penalised according to the Fee Schedule.

In addition, you acknowledge and agree that Bidryde 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 the installation of an In-Vehicle Device in your Vehicle. You hereby agree and expressly approval that Bidryde may collect the aforementioned data until the In-Vehicle Device is removed from the Vehicle.

upon completion of the vehicle enrollment procedure, the Vehicle will be listed on the Platform. Your Host listing page will also include your city and area information where the vehicle is located, your listing description, your public profile photo, your responsiveness in replying to Lessees' inquiries, and any additional information you share with other users via the platform.

By listing a vehicle, Hosts agree to (i) provide true and accurate information and represent 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; (iii) maintain only one active listing, per vehicle; (iv) accurately represent any claims or allegations of damage; and (v) work in good faith to resolve any disagreement with Bidryde and the Lessees.

ONLINE BOOKING AND TERMS OF VEHICLE USAGE

After creating an account on the Platform, the Lessee will receive conformation from Bidryde that the account was successfully created. The verified Lessees can then view the listed vehicles on the Platform and submit a reservation request for your vehicle via the Platform.

The Lessee will be able to (i) book the trip starts at any time of the day, subject availability, and (ii) select a trip start time within the next three hours of booking.

Upon receiving a booking request for a vehicle, Bidryde confirms the booking and communicates the final booking details to the Host and Lessee via email, text message, or platform message.

By approving these terms pertaining to the online booking procedure, the parties acknowledge and concur that (i) each of the Host and Lessee accepts the terms for listing the vehicle on the Bidryde Platform and utilising the Bidryde Services. (ii) Bidryde is merely a facilitator, and any arrangements made between Host and Lessee through this Platform or otherwise are solely at their own expense and risk.

Vehicle Usage :The vehicle shall be driven exclusively by the Lessee and used prudently and carefully solely for the Lessee's personal use within the territory specified in the Lease Agreement ("Permitted Territory"), in strict compliance with the applicable Laws of India and the terms of the Lease Agreement ("Permitted Use").

Other than the Permitted Use, all other uses of the vehicle, including those listed in the Lease Agreement (by the Lessee and/or any other person(s) directly or indirectly acting through, authorised by, or on behalf of the Lessee), are strictly prohibited ("Prohibited Uses") and will result in immediate termination of the Lease and Bidryde Services without notice to the Lessee. The Prohibited Uses must be described in greater detail in the Lease Agreement between the Host and Lessee.

LEASE OF VEHICLE

Upon the Host's acceptance of the booking, both the Host and the Lessee will be required to legally enter into a standard lease agreement (also known as a "Lease Agreement") in order to formally implement the terms and conditions as well as the commercials for such booking. This is done to guarantee that the Host complies with the requirements of the relevant legislation.

Bidryde will assist both the Host and Lessee with electronic execution and record keeping as part of its Bidryde Services. The Lessee acknowledges and agrees that the voyage cannot commence until the Lease Agreement has been properly executed on our Platform.

The Host hereby acknowledges and agrees that, by accepting the terms of these Host Terms and Conditions, all Lease Agreements that are executed over the platform with any Lessee for the Host's vehicle bear the Host's express consent and shall constitute a legally binding agreement between the Host and the Lessee. Additionally, the Host acknowledges and agrees that he/she is aware of the terms of all such lease agreements and the corresponding registration details that have been executed via the Bidryde Platform for the specific journey. As soon as the Lessee executes the Lease Agreement on the platform, the Host will receive an email containing a copy of the executed Lease Agreement and booking information.

The Lease Agreement will cover all terms of lease as agreed between the Host and the Lessee (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, Lessee's obligations, dispute resolution, etc. Upon execution of the Lease Agreement and delivery of the Vehicle to the Lessee, the Host shall convey the vehicle to the Lessee (defined as "Lessee") according to the terms and conditions contained therein ("Lease Agreement")

By utilising a separate Lease Agreement or otherwise displaying terms relating to the lease as part of the online booking process, the parties acknowledge and agree that (i) such separate Lease Agreement is directly between the Lessee and the Host; (ii) the Bidryde is not a party to such separate Lease Agreement; (iii) Lease Agreement executed, is solely at the parties' own risk and expense; and (iv) nothing in the Lease Agreement, on the Platform, or in this Agreement serves as a substitute for legal counsel, and (v) the parties are hereby advised to retain local legal counsel to prepare, review, and revise the Lease Agreement as necessary to ensure compliance with applicable laws. In the event of any inconsistency between the terms of a separate Lease Agreement and those of this Agreement, the terms of this Agreement shall govern.

DELIVERY OF VEHICLE

As soon as the Lease Agreement is executed, the Host shall:

  • Have the vehicle cleaned, sanitised, and kept ready for delivery (including servicing and routine maintenance) in accordance with our maintenance, component and safety standards/equipment specifications in Annexure I, or opt for Bidryde's Add-on Service in this regard, details and terms of which are available on the website.

  • Maintain 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"), in a state of eagerness for delivery.

  • Ensure that the vehicle is handed over to the delivery partner at the Designated Location and at the specified time.

The Lessee may choose to pick up the vehicle, vehicle key(s), and vehicle documentation from the Designated Location on the Delivery Date, or they may opt for our Delivery Add-on Service (contactless vehicle delivery to your doorsteps). Bidryde provides home delivery to lessee's, any risk or damage to the vehicle in transit to the Lessee's location will be regarded as an accident and the repair will be covered by the insurance policy.

The Lessee must be physically present to accept or receive delivery of the vehicle. The Lessee must inspect the vehicle prior to accepting delivery and shall be presumed to have satisfied himself as to its condition, fitness for use, and compliance with any applicable safety standards. After the car has been delivered, any defects will be addressed in accordance with the terms of the Lease Agreement.

Cancellation of Booking / Reduction of Booking Period: In accordance with the Fee Policy, the Lessee must rescind a booking or reduce the booking period for which the vehicle has been reserved in advance. Moreover, if the Lessee refuses and/or is unable/unwilling to accept delivery of the vehicle for any reason, the booking will be automatically cancelled and any Lease Rental paid in advance will be forfeited to compensate the Host for the costs, charges, expenses, and losses incurred by the Host as a result of such action by the Lessee, in accordance with the Fee Policy. In the event that the Lessee suffers a loss due to non-delivery, delay in delivery, or delivery failure, the Lessee will not hold Bidryde responsible for such loss.

OFFLINE ARRANGEMENTS

Any instances where the Host and the Lessee 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 wrongfully benefit from Bidryde Services or any other services on the Platform, including without limitation the additional insurance coverage (hereafter referred to as "Offline Arrangements"), shall be deemed to be in violation of Please be advised that such Offline Arrangements are not permitted for listed vehicles. Any such offer to lease a listed vehicle outside of the Platform, made to or by either Party (Host or Lessee), must be reported promptly to Bidryde. If you fail to comply with these requirements, you may be subject to a variety of actions, including limitations on your access to Bidryde Services and other services, restrictions on listings, account suspension, the application of Facilitation Fees, and the recovery of our expenses incurred in monitoring and enforcing the policy. In addition, Offline Arrangements are expressly excluded from any insurance coverage or claims offered by Bidryde, and Bidryde shall in no event be liable for any damages (direct or indirect), consequential losses, or loss of profit/business incurred by the Host or Lessee entering into such an arrangement.

OBLIGATIONS OF HOST

In connection with its use of or access to the Bidryde Services, the Host shall not, and hereby agrees that it will not, 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

  • "stalking" or harassing any other Lessee or Host of Bidryde community or user of the Platform

  • accumulating or storing personally identifiable information about other members or associates of the Bidryde community, except as expressly agreed / permitted herein.

  • physically or verbally abusing or

  • using our Services to transmit, distribute, publish, or submit any information pertaining to any other person or entity, including, but not limited to, photographs of others without their consent, personal contact information, or credit, debit, calling card, or account numbers.

Checklists help us ensure that all information regarding the vehicle, the trip, and the customer experience is captured, allowing us to provide superior service to Hosts and Lessees. Consequently, Host is accountable for completing:

"Car Ready Checklist" within 12 hours of the listing's beginning time. The listing is promptly removed if the Host fails to fill it within the specified timeframe.

"Booking End Checklist" within 12 hours of the booking end time or the beginning time of the following booking. If the Host fails to complete the checklist within the above-mentioned timeframes, the most recent information available to Bidryde (e.g., from the Lessee checklist) will be considered final for the closure of the engagement.

OBLIGATIONS OF LESSEE

Both parties are responsible for ensuring compliance with the terms of the Lease Agreement throughout the Lease Term and until the vehicle is returned to the Host in excellent operating condition. In addition to the Lessee's other obligations and covenants under the Lease Agreement, with respect to the use of the Vehicle during the aforementioned time period, the Lessee shall:

  • at his or her expense, maintain the vehicle's hygiene, condition, and appearance in the same operating condition as it was on the date the Lease Term began.

  • use the Vehicle only for the Permitted Use in accordance with the Host's manual instructions provided as part of the Vehicle Documentation, applying the same degree of care when using the vehicle as would ordinarily be exercised if the vehicle belonged to the Lessee, and strictly refrain from Prohibited Use of Vehicle and other requirements as specifically outlined in the Lease Agreement under the Section "Terms of Vehicle Usage"

  • Ensure the Vehicle Documentation is in the vehicle and in a secure location. If these documents are lost or stolen, the Lessee will be charged the cost of obtaining duplicates, which will be paid to the Host along with all other charges for damages and Lease Rental due to the Host.

RETURN / REPOSSESSION OF VEHICLE

Upon the expiration of the Lease Term or earlier termination of the Lease Agreement (except termination on account of theft or total destruction/loss of the vehicle), the Lessee is responsible for returning the vehicle at his or her own expense and in almost the same order and condition as the Vehicle was at the time of the beginning of the Lease Term, with the exception of normal wear and tear, along with the Vehicle Documentation, the vehicle's key, key fob, in-vehicle devices, and any other starting device in its designated position in the vehicle to the Specified Location within the period specified in the Lease Agreement.

However, in case:

  • If the Lessee returns the vehicle anywhere other than the Designated Location, the Lessee will be responsible for paying the expense of transporting the car back to the Designated Location from the place where it was returned.

  • if the Lessee does not return the car within the stipulated term, the Lessee will be charged the late return penalty mentioned in our Fees Policy until such time as the car is returned to the Host, in addition to the fees, expenses, charges, and so on paid by the Host for repossession of the vehicle. if the Lessee does not return the Vehicle within the specified period, the Lessee will be charged the late return penalty specified in our Fees Policy.

  • If the returning vehicle has been damaged in any way, other than what is considered normal wear and tear, the Lessee will be responsible for paying a penalty for such damages at the rate provided in our Fees Policy, as well as the approximate costs, expenditures, and charges for restoring the vehicle to its initial condition.

  • If the Lessee loses any item that was provided with the vehicle, including but not limited to 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 Lessee will be charged with (a) Lease Rental (pro-rated on an 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.

  • If the Lessee's actual usage of the vehicle is higher than the Agreed Mileage, the Lessee is responsible for paying the excess mileage penalty according to the rate that is outlined in our Fees Policy.

DISPUTE RESOLUTION

During the Lease Term, all occurrences of accident, damage, larceny, traffic violations, and seizure involving or involving the vehicle shall be addressed by the parties in accordance with the terms of the Lease Agreement, including any alleged damage or other issues. In addition, the hosts and lessees agree to accurately represent any claims or allegations of damage and to work together in good faith to resolve any dispute in accordance with the terms of the lease agreement.

INSURANCE

The Lessee is responsible for all costs associated with any hazards and resulting damage to the vehicle, including, but not limited to, larceny, partial or complete devastation, etc. In doing so, the Lessee will be required to purchase trip protection plans/insurance through the Platform, and will be required to do so at an additional cost (Damage Protection Fee) to the Lease Rental. Lessee acknowledges and agrees to comply with the terms and conditions of the trip protection plan/insurance, including, but not limited to, its coverage, exclusions, and invocation procedure.

All insurance claim payments shall be made to the Host via the Platform or to designated workshops. The Platform will aid the Lessee in the administration of insurance claims.

The Host acknowledges and agrees that he/she will not act in a manner that is contrary to or detrimental to the Platform or the Lessee, and that he/she will provide complete cooperation and participation in the event that a claim is filed under the trip protection plan/insurance.

The Host also understands and agrees that if he/she refuses, interferes with, or prevents the administration of the claim in any way, or if he/she repossesses the vehicle that is undergoing maintenance/repair due to the invocation of insurance, he/she forfeits all rights to claim damages from the Lessee/insurance company, as applicable. In such a circumstance, neither Bidryde nor the Lessee will be liable to compensate for any damages, and they will be absolved of all liabilities.

The Lessee shall not do or omit to do or permit or suffer any act that might or could adversely affect or void such insurance and shall at all times extend full cooperation so that claims can be administered and filed with the insurance company efficiently.

The Host also acknowledges and agrees that the vehicle shall not be covered by any travel protection plan/insurance for the events listed below, including but not limited to those listed below. if:

  • The damage occurred while the vehicle was in Host's possession or as a result of intentional or negligent acts committed by Host.

  • Any damage resulting from normal vehicle wear and tear or depreciation in quality or value, including but not limited to self-heating, electrical arcing or discharge, etc.

  • Any specific exclusions listed by the insurer for such a travel protection plan or insurance.

In the event of a total loss, the Host understands and agrees to be bound by the depreciation level prescribed by law or by the relevant insurance company in accordance with market practise.

The Lessee also acknowledges and agrees that certain damages/incidents enumerated below are not covered by such travel protection policies, and that the Lessee will be held personally responsible for all costs and damages.

The following items are not covered by a trip protection plan or insurance:

  • Any intentional act of vehicle damage committed by the Lessee or any of his/her co-drivers.

  • Any damage to the vehicle caused by the lessee's negligence or reckless driving.

  • The Lessee tested positive for alcohol in blood or breath or for the use of illegal substances or other stimulants.

  • The lessee used the vehicle in violation of the law or traffic regulations (excessive acceleration, driving in restricted areas, illicit use for racing/commercial purposes, etc.).

In the event of damage, theft, or destruction of the Vehicle, the Lessee shall promptly notify the Platform and provide all documentation and information, including but not limited to information about the accident, assistance in filing of FIR or other relevant details as may be required to file a claim with the company offering the trip protection plan/insurance, with the assistance of the Platform.

Consequently, the Lessee is responsible for paying the Host the amount of loss and/or damage not covered by the trip protection plan/insurance, as well as the following:

If there is damage:

The difference, if any, between the actual cost of repairing vehicle damage and the amount recovered or to be recovered under the Vehicle Insurance.

In the event of utter loss or larceny of the Vehicle:

  • The difference between the claim amount received under the trip protection plan or insurance and the vehicle's book value at the time of its larceny or total loss.

  • If the vehicle's usage at the time of its theft/total loss exceeds the Agreed Mileage (described below), the excess mileage will be charged at the rate outlined in the Fee Policy.

  • other cost/expense incurred by the Host in relation to the vehicle's assessment loss and the possibility of its restoration.

  • any other charges remaining unpaid by the Lessee in accordance with the Lease Agreement.

In notwithstanding the fact that such an additional trip protection plan or insurance was purchased, under no circumstances shall Bidryde 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, regardless of whether or not the loss or damage can be attributed to the parties.

WARRANTIES OF THE PARTIES

Warranties provided by Hosts:

Each Host affirms and warrants to Bidryde the following:

  • Host is the singular legal, beneficial, and registered owner of the listed vehicle(s).

  • The vehicle you offer for listing on the Platform is in sound and safe condition, free of any known faults or defects that would effect its safe operation under normal use, and satisfies the eligibility requirements for vehicles outlined in this Agreement.

  • Host possesses the complete legal right, capacity, power, and authority to enter into and execute the Lease Agreement, Agreement, and General Policies, be contractually bound by and abide by all rights and obligations contracted under each of these documents,

  • There is no action, investigation, or other proceeding of any kind by a governmental authority or third party against the Host that would restrain, prohibit, or otherwise challenge the Lease, any listing of the vehicle on the Platform, Host's posts on the Platform, and/or a Lessee's use of the vehicle pursuant to the Lease Agreement.

Lessees’ Warranties:

Each Lessee represents and warrants that:

  • The Lessee is of legal driving age and possesses a valid driving licence for use and operation of the vehicle in accordance with applicable laws.

  • Host possesses the complete legal right, capacity, power, and authority to enter into and execute the Lease Agreement, Agreement, and General Policies, be contractually bound by and abide by all rights and obligations contracted under each of these documents,

  • There is no action, investigation, or other proceeding of any kind by a governmental authority or third party against the Host that would restrain, prohibit, or otherwise challenge the Lease, any listing of the vehicle on the Platform, Host's posts on the Platform, and/or a Lessee's use of the vehicle pursuant to the Lease Agreement.

WARRANTIES OF BIDRYDE

The Bidryde Platform and Services are supplied "AS IS." We make no representations as to the veracity, accuracy, dependability, or any other aspect of the Platform's content in terms of its use or the results of its use/depiction. Bidryde is not responsible for any loss incurred by the user as a consequence of directly or indirectly relying on the depiction of content on the Platform.

You acknowledge that access to the Platform is restricted to the terms outlined in the General Policies. Access to and use of the Platform and Bidryde Services on this basis may be interrupted by factors beyond our reasonable control, including, without limitation, the unavailability, inoperability, or interruption of the internet or other telecommunications services, or as a result of maintenance or other service work performed on the Platform.

Bidryde reserves the right to modify or discontinue any aspect or feature of the Platform, including, but not limited to, content, hours of availability, and apparatus required for access or use, at any time. In addition, the Platform may discontinue disseminating any information or information category. Bidryde assumes no responsibility and is not liable for any loss or injury whatsoever deriving out of or in connection with the Platform's accessibility or inaccessibility.

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 Bidryde, its employees or representatives (collectively referred to as "Information") are based on the user's background information. Bidryde takes reasonable precautions to ensure that the Information is accurate, but makes no warranty and assumes no responsibility for the Information's accuracy, completeness, suitability, or usefulness. If a user relies on the information provided by Bidryde or its agents/employees, he or she does so at his or her own risk. Bidryde, its employees, representatives, and affiliates are under no circumstances liable for the Information or the results of relying on the Information.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

PLEASE NOTE THAT BIDRYDE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE LEASING OF VEHICLE BY THE HOST AND TO THE LESSEE. BIDRYDE CANNOT AND DOES NOT CONTROL THE CONTENT OF ANY LISTINGS OR THE CONDITION, LEGALITY, OR SUITABILITY OF ANY VEHICLE LISTED ON THE PLATFORM. BIDRYDE IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY RELATED TO ALL LISTINGS AND VEHICLE. ANY LEASING OF THE LISTED VEHICLE, WHETHER UNDER THE LEASE AGREEMENT OR OTHERWISE, WILL BE COMPLETELY AT THE RISK OF THE LESSEE AND HOST

THE PLATFORM IS OFFERED "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 (a) BUSINESS INTERRUPTION; (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 KIND INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE PLATFORM; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS THAT 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 BIDRYDE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE CORRECTION OF DEFECTS OR ERRORS

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 10,000/-.

BIDRYDE MAKES NO CLAIMS REGARDING THE EFFICACY OF THE METHOD, AND THE RESULTS OF THE PRODUCTS AND SERVICES MAY VARY BASED ON THE USER. AT THEIR OWN RISK, THE USER USES THE PRODUCT AND SERVICES.

YOU AGREE THAT NO CLAIMS OR ACTIONS ARISING FROM OR RELATING TO YOUR 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 CLAIMS OR ACTIONS AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE REMEDY IS TO CEASE USING THE PLATFORM. WE HAVE NO OTHER OBLIGATION, RESPONSIBILITY, OR LIABILITY TOWARDS YOU.

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

USER’S INDEMNITIES

During the term of the Lease Agreement and/or this Agreement, both parties, i.e., the Hosts and the Lessees, shall indemnify, defend, hold harmless, and keep indemnified Bidryde, its parent and affiliates and their respective directors, officers, employees, shareholders, agents, attorneys, assigns and successors-in-interest (the "Bidryde Group") against any and 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 Lessee and litigation costs) or outgoings that Bidryde certifies as sustained or suffered or incurred by Bidryde or any member of Bidryde Group as a result of the occurrence of default under the Lease Agreement, this Agreement, and/or the General Policies.

  • any loss, cost, charge, claim, damage, expense or liability that Bidryde or any member of Bidryde Group may incur 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 false or misleading.

  • any losses, claims, damages, expenses, liability for any death, injury or damage to any person or property that Bidryde or any member of the Bidryde Group may suffer/ incur arising directly or indirectly from the listed vehicle or its use under the Lease Agreement, whether caused intentionally/ or as a result of reckless and negligent driving or any malicious act.

  • any claim for infringement of intellectual property rights arising in connection with the Bidryde Services and/or other services provided by Bidryde or any Bidryde Group member.

  • liability and costs incurred by Bidryde group in connection with any claim arising from your use of the platform or otherwise relating to the business we do on the platform (including, but not limited to, 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 a tool or service provided by a third party, any use of a tool or service offered by us that interacts with a third party website, including, but not limited to, a social media site, or any breach by you of these terms or the representations, warranties, and covenants you made here, including, but not limited to, legal fees and costs.

Each of the above indemnities is a different duty that continues even after this Agreement is over. The users also agree to help in the defence of any claim as much as is reasonable. Also, Bidryde holds the right, at our own cost, to take over the defense and control of any matter that you would normally be responsible for, and you cannot settle any matter without our consent in writing.

USER PRIVACY AND CONTENT

We recognise the significance of protecting your personal information and have formulated a PRIVACY POLICY to ensure that your information is properly safeguarded. We encourage you to peruse it in order to gain a deeper understanding of how to update and manage your information on the Platforms.

You are solely responsible for any information, photo, image, chat conversation, text, software, data, music, sound, graphics, messages, videos, or other content you send, upload, post, email, or otherwise make available to us ("User Content"). We will not be held responsible in any way for User Content.

You agree not to support, help, or involve others in sending, hosting, displaying, uploading, changing, releasing, updating, or sharing any information that:

  • that belongs to someone else and that the user has no right to use;

  • is highly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially or ethnically offensive, disparaging, related to or encouraging money laundering or gambling, or otherwise illegal in any way;

  • hurts young people in any way;

  • violates a patent, trademark, copyright, or other intellectual property right;

  • breaks any law that is currently in force;

  • deceives or misleads the recipient about where the message came from, or sends information that is highly offensive or dangerous;

  • pretend to be someone else;

  • includes software viruses or any other computer code, files, or programs that are meant to stop, destroy, or limit the functionality of any computer resource; and/or

  • threatens the unity, integrity, defence, security, or sovereignty of India, as well as friendly ties with other countries and public order, or if it incites someone to commit a crime or gets in the way of a crime investigation, or if it insults another country.

Bidryde is not responsible for examining at or evaluating User Content, and it doesn't take any responsibility or liability for User Content, either. Bidryde does not support or control the User Content that you send or post on the Platform. Because of this, Bidryde cannot ensure the truth, honesty, or quality of the User Content. You understand that if you use the Platform, you may be exposed to User Content that you find offensive, indecent, or otherwise unacceptable. Under no circumstances will Bidryde be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind you suffer as a result of using any User Content transmitted, uploaded, posted, emailed, or otherwise made available via the Platform. You agree not to bring legal action against Bidryde for any claimed or real infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You agree that Bidryde has the right (but not the duty) to refuse to post or remove any User Content and also has the right to change, reduce, or delete any User Content. Without limiting the generality of what has been said so far or any other part of these Terms and Conditions, Bidryde has the right to remove any User Content that violates these Terms and Conditions or is otherwise offensive. Bidryde also has the right to refuse service and/or close accounts of users who violate these Terms and Conditions or infringe on the rights of others without giving them advance notice.

If you want to delete your User Content from our Platform, send us an email at support@bidryde.in. We will ask you to include your first name, last name, user name/screen name (if you have one), email address associated with our Platform, the reason you want to delete the content, and the date(s) of the content you want to delete (if only specific content needs to be deleted). If you can't give us this information, we might not be able to handle your request to delete your information. Please give us up to 30 business days to handle your request to delete your account.

PLATFORM REGULATIONS & SECURITY

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, through the use of malware.

  • accessing information that is not intended for you or connecting onto a server or account that you are not authorised to access;

  • unauthorized attempts to investigate, monitor, or test the vulnerability of a system or network, or unauthorised attempts to violate security or authentication measures

  • interfering with service to any other user, host, or network, including, without limitation, by submitting a virus to the Site, overloading, "spamming," "mail bombing," or "crashing;"

  • sending unsolicited email, which may include promotions and/or advertisements for products and/or services; or

  • falsifying any header or portion of the header information in any email or newsgroup posting. Infractions of system or network security may give rise to civil or criminal liability.

Bidryde is permitted to investigate incidents that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are responsible for such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the Platform's normal functioning or any activity being conducted on the Platform. You further agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents made available by Bidryde on the Platform and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

THIRD-PARTY LINKS

References on the Platform to any names, marks, products, or services of third parties or hypertext links to such sites or information are provided solely for your convenience. This in no way constitutes or implies Bidryde endorsement, sponsorship, or recommendation of the third party, information, product, or service, or any association or relationship between Bidryde and the third party.

Bidryde is not responsible for the content of any third-party websites and makes no representations as to the content or veracity of the material found on such sites. If you choose to link to such third-party websites, you do so at your own risk. Bidryde assumes no responsibility for scrutinising or evaluating the offerings of any off-website pages or other websites accessible through links on the Platform. We are not responsible for the actions, content, products, or services of such pages and websites, including their privacy policies and terms and conditions. You should thoroughly examine the terms and conditions and privacy policies of all off-site pages and other websites you visit through the Platform.

TERMINATION OF THIS AGREEMENT / BIDRYDE SERVICES OR THE LEASE AGREEMENT

This Agreement will stay in effect as long as the party in question continues to use Bidryde Services through its Platform, or until either you or Bidryde ends it ("Term").

If you want to end this agreement, you can do so by (i) not using the Platform or the Bidryde Services; (ii) closing your account on the Platform for all of the listings or bookings of vehicles, if that option is available to you; or (iii) stopping to use the Platform. Any such termination won't get rid of your duty to pay for the Bidryde Services and/or any other services you've already gotten from us and/or the Platform, nor will it change any liability that may have come under the Governing Policies.

Also, Bidryde has the right to suspend or end this Agreement and stop providing Bidryde Services and/or other services (whether through the Platform or not) by giving you 30 (thirty) days' notice. But we can stop or end this agreement and the Bidryde Services at any time, with or without warning, if any of the following things happen:

  • We are required to do so by law (for example, if providing you with Bidryde Services is or becomes illegal) or if law enforcement or other government agencies ask us to.

  • We've decided that it's no longer good for business for Bidryde to offer you the Bidryde Services.

  • The User doesn't pay any of the payments or part of a payment, or any other payment required to be made to Bidryde hereunder and/or in relation to the Bidryde Services, or any other service provided by Bidryde, when they are due, and this continues for 15 (fifteen) calendar days after the due date of such payment.

  • The User doesn't keep any other promise, condition, or agreement that it made in the Governing Policies or in any other paper given to Bidryde in connection with this agreement.

  • If either party did something wrong or broke any of the terms, conditions, and responsibilities of this Agreement and/or the Governing Policies, the listing or booking would end.

  • The car is being used for a "Prohibited Use," which is something we decide on our own

  • Bidryde has chosen to end access to the Platform and/or the Bidryde Services (or any part of them), with or without a reason.

  • If Bidryde falls into unforeseen technology issues or problems that stop the Platform, the Bidryde Services, or any other services that Bidryde offers from working.

  • Any other similar unforeseen events.

Termination of Lease Agreement by the Host/Lessee:

According to the rules of the Lease Agreement, both the Host and the Lessee can end the Lease Agreement.

Effects of Termination:

In accordance with the terms of this Agreement and the Governing Policies, if this Agreement ends or a booking is over:

  • The Lessee must return the vehicle to the Host as soon as possible and without delay, as stated in the rules for car return and seizure.

  • The Lessee must pay the remaining Lease Rental (along with any late payment fees) and any other unpaid sums, fees, or costs that the Lessee owes under the Agreement and Governing Policies.

  • Any amounts still owed to the Host under the Agreement and Governing Policies are to be paid by the Host.

  • When the agreement ends, the Host must give Bidryde access to its car so that the In-car Device can be removed.

  • Upon return of the car, the Lessee shall be refunded the advance Lease Rental, if any, paid by the Lessee for the unexpired period of the booking period, subject to change against other outstanding due by the Lessee for the booking made by him/her;

  • If you or Bidryde decide to end this agreement, you must destroy all materials you downloaded or got in any other way from the Platform, as well as all copies of those materials, whether they were made the Governing Policies or otherwise.

INTELLECTUAL PROPERTY RIGHTS

The "Bidryde" name and logo, along with all related product and service names, design marks, and slogans, are trademarks, logos, or service marks ("Marks") of Bidryde Mobility Technologies Private Limited. All other Marks displayed on the Platform belong to their respective companies. No trademark or service mark license is granted in relation to the materials found on this Platform. Access to the Platform does not authorise the use of any Marks in any way. Marks displayed on the Platform, whether registered or unregistered, of Bidryde or others, are the intellectual property of their respective owners, and Bidryde shall not be held liable for any illicit, unauthorized use of the Marks.

Bidryde and its suppliers and licensors reserve all intellectual property rights in all text, programmes, products, processes, technologies, content, software, and other materials that appear on the Platform, including its design. The compilation (meaning collection, arrangement, and assembly) of the content on the Platform is the sole property of Bidryde and is protected by Indian copyright laws and international and treaties. The materials on the Platform may not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed, or modified in whole or in part, or in any other way, except for your own personal, noncommercial use. No right, title, or interest is conveyed to you as a result of any downloading, cloning, reproducing, duplicating, republishing, posting, transmitting, distributing, or modifying.

All materials, including images, text, illustrations, designs, icons, photographs, programmes, music clips, downloads, video clips, written and other materials that are part of the Platform ("Contents") are intended solely for personal, noncommercial use. The Contents and other downloadable materials displayed on the Platform may be downloaded or copied for personal use only. In addition, we grant you a limited, revocable, non-transferable, and non-exclusive licence to create a hyperlink to the Platform's homepage for personal, non-commercial purposes.

Any other use of the Contents on the Platform, including reproduction, modification, distribution, transmission, re-publication, display, or performance, is strictly prohibited. All Contents are copyrighted, trademarked, trade dressed, and/or other intellectual property owned, controlled, or licenced by Bidryde, any of its affiliates, or by third parties who have licensed their materials to Bidryde and are protected by Indian copyright laws and international treaties, unless Bidryde expressly states otherwise.

GOVERNING LAW AND JURISDICTION

This Agreement shall be interpreted in accordance with India's applicable laws. The Courts of Hyderabad will have exclusive jurisdiction over any disputes arising in this region.

Any dispute or difference regarding the interpretation or otherwise of this Agreement and/or the General Policies shall be referred to an arbitrator appointed by Bidryde, whose decision shall be final and binding on the parties hereto. Arbitration will be conducted in accordance with the 1996 Arbitration and Conciliation Act, as amended from time to time. The arbitration shall be conducted in Hyderabad.

Bidryde shall have the right to seek and obtain any injunctive, provisional, or interim relief from any court of competent jurisdiction to protect its Marks or other intellectual property rights or confidential information or to preserve the status quo pending arbitration, without prejudice to the particulars listed in the preceding clause.

ENFORCEABILITY CLAUSE

In the event that any portion of this Agreement is found to be invalid or unenforceable in accordance with applicable law, including or be so held by any applicable arbitral award or court decision, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then such unenforceability or invalidity shall not render the Agreement unenforceable or invalid as a whole; rather, the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue to be in effect.

GENERAL PROVISIONS

VEHICLE OWNERSHIP

The parties, specifically the Lessees, acknowledge that this Agreement only grants rental/usufruct/limited use rights over the vehicle, and that the Host will retain absolute and unencumbered ownership of the vehicle for all intents and purposes, including regulatory requirements under the applicable laws in India. The Lease Agreement (as defined below) shall cover the terms of the subsequent booking as agreed between the Host and the Lessee, including Damage Protection Fee (as defined below), liability for violations, theft/accident, confiscation of vehicle, insurance, issues pertaining to the use of the vehicles, and so on. This Agreement shall cover all terms of listing and using Bidryde Services. It is hereby clarified, and both the Host and Lessee acknowledge, that Bidryde is not the proprietor of the vehicles listed on its Platform and is merely a facilitator pursuant to the terms of this Agreement.

MILEAGE AGREEMENT

Agreed mileage of a vehicle for the booking period shall be as specified in the booking details on the Platform ("Agreed Mileage"), and if the actual use of the vehicle differs from the Agreed Mileage, charges towards the difference shall be paid by the Lessee to the Host or vice versa, in accordance with our Fee Policy at the time of expiry of the booking period or its earlier termination.

FACILITATION FEE

Bidryde may charge the Host a facilitation fee in lieu of providing Bidryde Services ("Facilitation Fee"). This Facilitation Fee is calculated as a certain percentage of the Rental (as detailed in the Fee policy). At the time of payout to Host, the Facilitation Fee is deducted from the Lease Rental.

DAMAGE PROTECTION FEE

If requested (displayed on the transaction page) at the time of vehicle reservation, the Lessee is required to pay a charge for insuring the vehicle during the voyage ("Damage Protection Fee"). Bidryde shall periodically facilitate this protection plan upon payment of the Damage Protection Fee.

PAY-OUT TO THE HOST

During the first three months following the vehicle's enrollment ("Initial Pay-out period"), the Host is only eligible for a payout based on the period of time the vehicle was listed on the Platform. This compensation shall be calculated on an hourly basis as a fixed sum, and shall vary as per according to the Fee Policy If Offered/Selected. After the Initial Pay-out Period, this model will be discontinued, and the Host will be compensated based on the Lease Rental paid by the Lessee, less any applicable Bidryde Facilitation Fee.

LEASE RENTAL

For Lessee: The Lessee is responsible for paying a fee ("Lease Rental") for leasing the vehicle, which includes any applicable taxes in effect. The fees are variable, based on vehicle type, booking distance and dates, location, etc., and are payable in accordance with the terms and timelines outlined in the Fee Policy. All such payments shall be made by the Lessee through the Bidryde Platform, and payment to Bidryde shall be treated as payment made directly to the Hosts by Lessees.

For Host: After the completion of the Initial Pay-out Period, the Host will be compensated on the basis of confirmed reservations and will receive the Lease Rental paid by the Lessee based on the hourly rate during the booking period. After deducting any Facilitation Fee, charges for any add-on services (if availed by Host), and applicable taxes (if any), the remainder shall be remitted to the Host.

This Lease Rental shall be remitted to the Host on a weekly basis, with amounts for the previous week (ending on Sunday) credited to the Host's account on the following Saturday.

OTHER PAYMENTS, REFUNDS, AND PENALTIES

1. In addition to the above-mentioned Lease Rental and Damage Protection Fee, the Lessee is also responsible for the following, as outlined in the Fee Policy:

  • Interest on delinquent payments and a reminder fee.

  • Additional Fees (if requested) for services such as home delivery or travel co-driver.

  • Cancellation, rescheduling, extension of booking period, late return, or returns to the incorrect location will incur fees according to the Fee policy.

  • Fees for the loss of keys, documents, unpaid tolls, and penalties for traffic violations.

  • Cost for any damages, which may include both the cost of reparation and insurance coverage as specified in the Fee Policy's standard rates.

2. The Lessee acknowledges and agrees that he/she shall be liable to pay such charges upon the occurrence of any of the above-mentioned event/s, and authorizes Bidryde to offset any amounts that may be due from Bidryde to the Lessee against any amounts that may be payable by the Lessee under this Agreement, as applicable.

3. Lessee further acknowledges and agrees that Bidryde shall have the right to prohibit Lessee from making subsequent bookings on the Platform until all outstanding fees in Lessee's account are paid in full.

4. The Lessees acknowledge and agree that Bidryde may assess additional fees for unsuccessful payments and returned/cancelled checks. The Lessee shall reimburse us for all collection costs, including collection agency fees, third party fees, and legal fees and costs.

5. As a Host, you comprehend, acknowledge, and agree that Bidryde may determine the booking/reservation fee for your vehicle in accordance with the Fee Policy. Bidryde will adjudicate the booking/reservation fee on your behalf, which includes processing the Lessee's [credit/debit card], retaining the Facilitation Fees and other add-on services fee, if applicable, commission, and remitting the remaining funds to you in accordance with this section.

6. Bidryde reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, if any account information is missing or mismatched, or if there has been a breach of this Agreement by you, pending Bidryde's reasonable investigation into such breach.

To ensure proper payment, both the Lessee and the Host are solely responsible for providing and maintaining accurate contact and payment information associated with your account, including, but not limited to, applicable tax information, and Bidryde shall in no event be held liable for any payment errors caused by incorrect information provided by you.

Notwithstanding anything contained herein, it is clarified that Bidryde shall in no way be responsible or liable for any direct/indirect penalties, charges, etc. imposed by any tax authorities on Host, and shall penalise and seek reimbursement from Host in the event such liability is extended to Bidryde as a result of Hosts default.

If you dispute any payment made pursuant to this agreement, you must notify Bidryde in writing within 5 days of such payment; failure to do so will result in your waiving any claim relating to such disputed payment. Payment shall be determined exclusively by the records kept by Bidryde.

In the event of a conflict between the terms of this clause and those of the Fee Policy, the Fee Policy terms shall prevail.

WAIVER

Our failure to require your performance of any provision of this agreement shall not effect our right to require such performance at any time thereafter, nor shall our waiver of a transgression of any provision of this agreement be construed as a waiver of the provision itself

ASSIGNMENT

The users may not assign (in whole or in part) this Agreement or any of their rights or obligations hereunder without Bidryde's prior written consent, which may be granted at Bidryde's sole discretion. Bidryde has the right to assign this Agreement or its obligations (in whole or in part). In such a case, the users are obligated to perform their respective obligations under or pursuant to this Agreement as if they were the assignee.

FORCE MAJEURE

This Agreement and its performance by Bidryde or the users are subject to the occurrence of an act of God. If performance of any service or obligation under the terms and conditions of the General Policies, including this Agreement or other third parties in fulfilment of transaction (for e.g. home deliveries of vehicles, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, pandemic, epidemic, lockdown, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this Clause, which are beyond the reasonable commercial control of Bidryde or its third parties performing such services as sub-contractor to Bidryde and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Bidryde shall be excused from such performance to the extent of and during the period of such Force Majeure Event. For the avoidance of doubt, a Force Majeure Event does not include any event that a party could have reasonably prevented through testing, work-arounds, or other diligence. Bidryde or the user may terminate the Agreement by written notice if the period of non-performance exceeds sixty days after receiving written notice of a Force Majeure Event.

ENTIRE AGREEMENT

Unless otherwise specified herein, the General Policies constitute the entire agreement between you and Bidryde with respect to the Platform and the Bidryde Services, superseding any prior or contemporaneous communications and proposals, whether electronic, oral, or written.

CHANGES TO OUR POLICY

Bidryde reserves the right to modify the Agreement's terms at any time and at its sole discretion. If Bidryde decides to make changes to the Agreement, it will post the updated version on the website and update the date it becomes effective, or it will provide you with notice of the changes in another manner. Any change or modification to the Agreement will take effect promptly from the date it is uploaded to the Platform. It is essential that you review the Agreement whenever we modify its terms and stay informed of the most recent terms of agreement because If you continue to use the Bidryde Host Services after we have posted a modified Agreement, you indicate your agreement to be bound by the terms of the modified Agreement. You may no longer use the Bidryde Services if you do not agree to be bound by the modified terms of the Agreement.

CONTACT ADDRESS FOR NOTICES

Unless otherwise specified, any notices or demands that need to be sent to the parties herein must be sent in writing by Registered Post Acknowledged Due, e-mail, or hand delivery to the addresses listed below:

Bidryde Mobility Technologies Private Limited,

Nyn Arcade,

Lumbini Enclave Plot 108,

Gachibowli, Euro School,

Gachibowli, Hyderabad – 500032 Email id: support@bidryde.in

As far as the law allows, any notice or electronic record that Bidryde sends to the user's phone number will be considered sufficient service of notice or electronic record.

MISCELLANEOUS

This Agreement and/or the General Policies shall not be interpreted as constituting any agency, partnership, or other form of joint venture between Bidryde and the users.

If You notice any discrepancies or have any complaints regarding this Agreement or other conditions of BIDRYDE's Privacy Policy, Fees Policy, etc., please contact: Mr. Bhanu Prakash is the grievance officer assigned under the Information Technology Act of 2000. His email address is compliances@bidryde.in.

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