Terms & Conditions
Zonecar Vehicle Lease – Terms and Conditions
These Terms and Conditions ("Agreement") govern the lease arrangement facilitated by Zonecar between the Host (vehicle owner) and the Guest (vehicle lessee) through the Zonecar platform. By using our platform and services, all parties agree to the following:
1. Role of Zonecar
Zonecar is a vehicle lease facilitation platform, connecting Hosts who list their vehicles for lease and Guests who seek vehicles for emergency or funding purposes.
Zonecar does not own any vehicles listed on the platform. All listed vehicles are owned and maintained by individual Hosts.
2. Host Obligations
Hosts voluntarily list their vehicles on the Zonecar platform for leasing.
Hosts are responsible for providing accurate details, documents, and condition reports of their vehicle(s).
Hosts agree to cooperate with Guests once contact details are shared by Zonecar for lease discussion or handover.
3. Guest Obligations
Guests must provide valid identification and purpose for lease.
Guests agree to pay a commission to Zonecar upon initiation of the lease.
Guests are required to deal directly with the Host for vehicle inspection, negotiation, and lease execution.
Guests are fully responsible for the care and return of the vehicle as per mutual agreement with the Host.
.
4. Commission Structure
Zonecar will charge the Guest a 30% commission on the total lease amount.
This commission is non-refundable and payable upfront before Host details are shared.
Once payment is confirmed, Zonecar will share the Host's contact details for further lease arrangements.
5. Disclaimer and Liability
Zonecar is not liable for any disputes, damages, or agreements made between the Guest and the Host after the contact details have been shared.
All lease terms (including duration, payment schedule, vehicle use, etc.) are to be mutually agreed upon by the Host and the Guest.
Zonecar is not responsible for the condition, performance, legality, or insurance status of the vehicle.
Any loss, accident, or legal issues arising from the lease are to be handled between the Host and Guest.
6. Lease Agreement Responsibility
A formal lease agreement between the Host and the Guest is recommended but not managed by Zonecar.
Zonecar encourages both parties to keep signed copies and photographic evidence of vehicle condition before and after the lease.
7. Termination of Use
Zonecar reserves the right to remove any Host or Guest from the platform for violation of these terms, misuse, fraud, or complaints.
8. Governing Law
These terms are governed by the laws applicable in the jurisdiction where the vehicle is registered.
By continuing to use the Zonecar platform for leasing purposes, both Guests and Hosts acknowledge and accept the above terms.
COMPREHENSIVE VEHICLE LEASE AGREEMENT
The displayed vehicle lease price includes:
1. Vehicle maintenance charges
2. Vehicle service charges (e.g., insurance, pollution certificate)
3. Vehicle cleaning charges
4. Customer handling charges (e.g., delivery and return)
5. Zonecar platform fee
6. Zonecar convenience fee (inclusive of GST and tax)
7. Zonecar parking fee for host
8. Zonecar insurance charges
9. Delivery and return charges (optional)
Terms and Conditions
- The above amount is strictly non-refundable for the entire lease tenure.
- The price is exclusively applicable to the above-mentioned categories.
- The vehicles offered are for lease purposes only and not for rental.
Vehicle Usage
- The leased vehicle is for personal use only, allowing customers to drive
with family, relatives, and friends.
- After the lease period, the customer must return the vehicle.
Prohibited Actions
- Selling or sub-leasing the vehicle is strictly prohibited.
- Lending the vehicle to others is not allowed.
Vehicle Classification
Please note that the vehicle you have selected is a LEASE VEHICLE and
not a rental vehicle. When inquiring about vehicle details, please refer to it
as a LEASE VEHICLE. By proceeding, you acknowledge and agree to
these terms and conditions.
Students (not accepted)
Individuals under the age of 22 (not accepted below 22)
Eligibility Restriction
Students and individuals under the age of 22 are strictly prohibited from
renting/leasing our vehicles.
Consequences of Non-Compliance
If a student or individual under 22 years of age books a vehicle, the entire
rental amount will be forfeited and is strictly non-refundable.
By proceeding with the booking, you acknowledge and confirm that you
meet the eligibility criteria.
Mandatory Requirements for Local Resident/Working Customers
To confirm your car booking, please note the following:
Documents and Vehicle Drop-off
1. Original Driving Licence: You must submit your original driving licence
at the pick-up location.
2. Two-Wheeler/Bike Drop-off: You must drop your two-wheeler/bike at
the designated pick-up location.
These requirements are compulsory and must be fulfilled at the
time of pick-up.
Mandatory Requirements for Other district/state/country Customers
To confirm your car booking, please note the following:
Documents
1. Original Driving Licence: You must submit your original driving licence
at the pick-up location.
2. Original Passport: You must submit your original passport at the pick-up
location.
3. Other country people show their visa or resident card compulsory
Security Deposit
1. Refundable Security Deposit: A refundable security deposit of ₹5,000 to
₹15,000 is mandatory and must be paid at the pick-up location.
Terms and Conditions
Please find below all the policy details regarding the lease agreement
Contents
Comprehensive Vehicle Lease Agreement
Introduction
Definition and Interpretation
Agreement to Lease
Terms of Vehicle Usage
Lease Term
Delivery of
the Vehicle
Lease Rental
RentalPolicy
Theft and Accident
Traffic Violation and Confiscation
Insurance Addition, Maintenance and Repair
Obligations of the Lessee
Termination
Repossession/Return of the Vehicle
Confidentiality
Indemnity
Miscellaneous
Vehicle Condition Guidelines.
INTRODUCTION
This Vehicle Lease Agreement is made and effective from the date of booking as reflected in the booking date
on the App and Website (the “ Agreement ”)
BETWEEN
The “ Lessor ” (which expression shall, unless repugnant to the context or meaning thereof, be deemed to m
and include his/her heirs, executors, administrators and assigns) of the ONE PART and details of which shall be
provided in the App and Website at the time of booking.
AND
The “ Lessee ” (which expression shall, unless repugnant to the context or meaning thereof, be deemed to m
and include his/her heirs, executors, administrators, and assigns) of the OTHER PART as shall be captured the
booking details ; The Lessor and the Lessee shall be hereinafter collectively referred to as “ Parties ” and
individually as the Party ”.
WHEREAS:
The Lessor is the sole legal, beneficial, and registered owner of the Vehicle(details of which are captured in the
App & Website ). The Lessor had listed the Vehicle for leasing on the Platform (defined below) subject to the
terms and conditions specified therein.
Lessee, a user of the Platform, wishes to lease the Vehicle from the Lessor and the Lessor is willing to lease
it to the Lessee, on the terms and conditions of this Agreement. NOW THEREFORE IT IS AGREED as
follows:
Definition and Interpretation
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
“Applicable Laws” means all applicable Indian statutes, enactments, acts of the state legislature or parliament,
laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and
orders of any governmental authority, statutory authority, tribunal, board, court, as may be applicable. Without
prejudice to the generality of the foregoing, Applicable Laws shall include laws, regulations, rules and/or
ordinances of lawfully constituted authorities relating to the possession, use, storage and transport of the Vehicle,
including the MVA.
“Motor Vehicles Act” or “MVA” means Motor Vehicles Act, 1988, rules and regulations prescribed thereunder,
as now enacted or as the same may from time to time be amended, replaced or re-enacted;
“Platform” means website and mobile application by the name and style of Zonecar Host Services , owned and
operated by Zonecar which includes its marketplace feature/section that provides a platform for connecting
vehicle owners with persons interested in leasing vehicles for personal use.
“Vehicle” means the vehicle together with all its components, accessories and devices as described in the
booking details in the App and Website.
“Permitted Territory” shall mean the entire territory of India excluding Jammu and kashmir and also problem
cited places at that particular time according to Zonecar premises.
In this Agreement, unless the context otherwise requires:
Headings used are for convenience and ease of reference only, are not part of this Agreement and shall not be
relevant to or affect the meaning or interpretation of this Agreement.
Words denoted in any gender shall include all genders and terms denoting people or persons shall include both
natural and legal persons (such as company) and vice versa;
The terms of this Agreement shall be deemed to be binding on both Parties based on their respective conduct
notwithstanding any error or defect in the execution of this Agreement; and
A reference to a clause or schedule is a reference to a clause of or schedule to this Agreement and a reference to
this Agreement includes any of its schedules. All schedules to this Agreement and the terms thereof shall be an
integral part of this Agreement.
Agreement to Lease
Based on the covenants, assurances and representations of the Lessee recorded herein, the Lessor hereby grants
on lease and Lessee hereby takes on lease the Vehicle, subject to the terms and conditions of this Agreement.
The Lessee expressly understands and agrees that this Agreement is a lease only and all along the absolute and
unencumbered ownership of the Vehicle for all intent and purposes, including for regulatory requirement under
the MVA, shall remain with the Lessor. Nothing stated herein shall be construed to be a transfer to the Lessee
of any ownership right, title or interest in the Vehicle, or even a right to the Lessee to demand such transfer. It is
hereby clarified that during the Lease Term, the Lessee shall have the beneficial possession of the Vehicle as a
Lessee pursuant to this Agreement.
During the Lease Term, the Lessee shall hold the Vehicle as a trustee of the Lessor and shall, at its expense,
protect and defend the title of Lessor in the Vehicle against creditors of or any person(s) claiming through
Lessee.
Terms of Vehicle Usage
The Lessee hereby agrees and covenants that the Vehicle shall be used in a prudent and careful manner solely
for the Lesseeʼs personal use within the Permitted Territory and to that extent shall be driven only by the
Lessee, in strict compliance with the requirements of the Applicable Laws (the “ Permitted Use ”).
The Lessee further agrees and acknowledges that other than the Permitted Use, all other uses of the Vehicle
including the usages listed below (by the Lessee and/or any other person(s) directly or indirectly acting
through, authorized by or on behalf of the Lessee), are strictly prohibited (the “ Prohibited Use s”) and
constitute a material breach of this Agreement:
Commercial use for any purpose whatsoever including usage for transportation services (goods and/or
passengers) involving hire and/or reward.
For providing driving lessons.
For sports, adventure and/or participation in races, rallies, other competitive events, endurance tests and similar
events.
For towing, pushing, or propelling any trailer or any other vehicle.
For commission of any crime, illegal and/or unlawful activity(ies).
For storage of any combustible, noxious or hazardous goods or any other good(s) which owing to its weight
and/or structure adversely affect and/or damage the Vehicles, its interior, engine and/or any of its parts thereto
and/or any other vehicle(s), person(s)/object(s) in such vehicle and/or pedestrian(s) passing the Vehicle.
Taking the Vehicle outside the Permitted Territory.
Any use(s) or activity(ies) that puts the Vehicle at a greater risk of damage.
Any use that contravenes the terms and conditions of this Agreement, terms of the insurance relating to the
Vehicle and/or the requirements of all Applicable Laws.
Lease Term
The lease of the Vehicle to the Lessee shall be for a term commencing from the Delivery Date and shall end as
per booking end date as indicated in the App and Website. Includes extensions expressly provided herein (the “
Lease Term ”).
The Lease Term may be extended for such period and on such terms and conditions as may be mutually agreed
upon by the
Parties.
Delivery of the Vehicle
On execution of this Agreement and subject to payment of Lease Rental by the Lessee on the Platform, the
Lessor shall notify the Lessee that the Vehicle is ready for delivery. The Lessee shall take delivery of the
Vehicle from the location notified in writing by the Lessor (the “ Designated Location ”) together with the
Vehicle Key(s), =+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 ”) on the date and time mutually agreed by the
Parties, as per the date requested in the booking details in the App and Website (the “Booking Start Date ”). In
the event the Lessee requests for delivery of the Vehicle to the Lessee’ address/location, the Lessor may choose
to deliver or arrange for the Vehicle to be delivered to the location notified by the Lessee with assistance from
the Platform as per the delivery charge specified in the Fee Policy mentioned on the Platform. along with the
Vehicle Documentation on the Delivery Date].
For the security, safety, tracking and health monitoring of the Vehicle, certain devices may be installed by the
Lessor in the
Vehicle prior to its delivery to the Lessee (“ In-Vehicle Devices ”). The Lessee agrees and acknowledges that
the In-Vehicle Devices may require minor modification from time to time and the Lessee shall provide full
access of the Vehicle to the Lessor, or any other person appointed by the Lessor for the purpose of modification
of such devices with reasonable prior written notice. If the Lessee installs certain devices for
safety,security,health monitoring and tracking of the leased vehicle the Lessee should take full responsibility for
the devices on his own accountability,the Lessor is not responsible for any damage expected to the devices
which are installed by the Lessee.
The lessor will not take any responsibility of the vehicle if the Lessee books the vehicle directly from the owner
or any other third party .
If the Lessee desires to get the Vehicle delivered at the location notified by him/her, any risk, damages to the
Vehicle in transit to such location shall be treated as an accident case and the repair will be covered as per the
provision of Clause 10 below (Insurance).
The Lessee shall remain present in-person to [take]/ [receive] the delivery of the Vehicle, shall produce his/her
original Four wheeler driving licence and TWO WHEELER BIKE COMPULSORY (Date of Manufacture :
Within 5 years), furnish copies of such driving license, his/her recent passport size photograph and an
additional address proof document (voter ID, Aadhar card, or valid passport) and sign the necessary documents
(viz., delivery receipt) at the time of delivery, which will serve as an evidence of delivery and acceptance of the
Vehicle. Further, the Lessee shall inspect the Vehicle (exterior walk-around and an interior look-over of the
Vehicle) prior to taking delivery and shall be deemed to have satisfied himself/herself as to its condition, fitness
for Lessee's personal use and compliance with specified safety standards. Any fault/defect detected in the
Vehicle thereafter shall be dealt with in accordance with the provisions of Clause 11 below (Addition,
Maintenance and Repair).
If the Lessee fails to take the delivery of the Vehicle on the Booking Start Date for any reason whatsoever, the
subsequent attempts to deliver the Vehicle to the Lessee will be charged as per the Fee Policy . The Lessee
hereby agree and acknowledge that in case regardless of such failure to take the delivery of the Vehicle by the
Lessee and consequent delay in takeover of the Vehicle by the Lessee, the Lease Term shall commence from
the Booking Start Date. Provided that in case of failure of the Lessee to take delivery or Lessor to provide
delivery the non-defaulting Party shall have the right to terminate this Agreement in accordance with Clause 14
below.
Lease Rental
As security for the prompt and full payment for leasing of the vehicle and all other sums payable by the Lessee
hereunder, and the faithful and timely performance of all provisions of this Agreement, and any extensions or
renewals thereof, the Lessee shall deposit the Lease Rental in advance a sum more particularly described in the
Fee Policy/booking details on the App and website (“ Lease Rental ”) with the Lessor through the Platform
simultaneously with the execution of this Agreement. The same shall be payable through the Platform and shall
be retained by Platform until the vehicle is returned to the Designated Location on Booking End Date.
If the Lessee terminates this Agreement before taking delivery of the Vehicle or refuses and/or is
unable/unwilling for any reason to accept delivery of the Vehicle in accordance with Clause 5 above, the Lessor
shall be entitled to terminate this Agreement in accordance with Clause 14.1 below and any advance Lease
Rental shall stand forfeited to compensate the Lessor for the costs, charges, expenses, losses incurred by the
Lessor arising out of such an action of the Lessee. Likewise, if the Lessor refuses and/or is unable/unwilling for
any reason to give delivery of the vehicle in accordance with Clause 5 above, the Lessee shall be entitled to
terminate this Agreement in accordance with Clause 14.2 below and the Lease Rental as paid in advance shall
be promptly refunded to the Lessee.
On the expiration or earlier termination of this Agreement and return of the Vehicle to the Lessor (except where
the Vehicle is stolen or its completely destroyed due to accident or damages), or any extension or renewal
thereof, provided Lessee has paid all the Lease Rental and all other amounts payable by him/her hereunder and
fully performed all other
provisions of this Agreement.Lease Rental In lieu of the lease of the Vehicle and related services hereunder, the
Lessee shall pay to the Lessor a lease rental fee specified in the booking details on the App and Website (the “
Lease Rental ”) at the time of booking the vehicle in advance for the Lease Term through the Platform.
The Lessee hereby agrees and acknowledges that the Lease Rental comprises of the charges towards (i) usage
of the Vehicle for a pre-agreed mileage as specified in Booking details on the App and Website (“ Agreed
Mileage ”); (ii) Platform usage fees; (iii) maintenance and repair cost; (iv) insurance/ trip protection charges;
and (v) delivery charges, if applicable. In the event the usage of Vehicle exceeds the Agreed Mileage, the
excess mileage will be charged as per the rate specified in the Fee Policy. The difference between the actual
usage i.e., lesser, or greater than the Agreed Mileage shall be determined and settled i.e., paid by the Lessee to
the Lessor or vice versa at the time of expiry or termination of the Lease Term.
Lessee shall be liable to pay any outstanding Lease Rental or other charges accruing due to Lessee exceeding
Agreed Mileage or otherwise and shall be chargeable in accordance with the Fee Policy and may also incur
penalties or late payment charges for prolonged default in clearing such outstanding amount as mentioned in
the Fee Policy.
Any other payments made by the Lessor on behalf of the Lessee pertaining to the Vehicle, under this
Agreement or otherwise shall be promptly reimbursed by the Lessee to Lessor on receipt of written notice in
respect thereof from the Lessor together with documentary proof of such payments or at the option of the
Lessor, to set off against amounts, if any, from the Lessor to the Lessee.
Rental Policy
1. Customers are required to submit their original driving license for verification and as part of the agreement.
2. Additionally, they must provide either:
A two-wheeler vehicle as collateral (ownership documents may also be required for verification) / A refundable
security deposit of ₹5,000 to ₹10,000, depending on the terms and conditions agreed upon.
Theft and Accident
Lessee will be solely responsible for safety measures/ precautions against any damage, accident, or criminal
activity on/of the Vehicle and subject to provisions of Clause 10 ( Insurance ) the Lessee assumes sole
financial liability in respect of: in case the Vehicle is damaged, destroyed or stolen, however caused, or
occasioned; and for all other risks and liabilities, including personal injury or death and property damage,
arising with respect to the Vehicle, howsoever arising.
The Lessee hereby agrees and acknowledges that under no circumstances shall
the Lessor be held liable to the Lessee and/or any third party(ies) for any (i) any
loss or damage that may be suffered by the Lessee or any third party(ies) arising
from the above events or risks, howsoever caused, or occasioned; and (ii)
indirect, incidental, special, or consequential damages arising from or related to
the use of Vehicle by the Lessee or his/her co-passenger or family members.
In the event of damage, accident or theft of the Vehicle or any part and/or accessory thereof, the Lessee:
shall immediately, but in no event later than [24] hours from the occurrence of damage, accident, or theft, notify
the Platform and the Lessor all details of the damage, accident or theft in writing;
extend full support and cooperation to the Lessor in reporting the damage, accident or theft to the nearest police
station and obtain a copy of the first information report (“ FIR ”);
In case of damage or accident, after filing the FIR and notifying the damage or accident to the Lessor, as per
Lessorʼs instruction take the Vehicle to the nearest workshop specified by the Lessor for repair or assessment of
repairability.
In case of failure to fulfill its obligation under this Clause 8.2, the Lessee shall be solely liable for all costs,
damages and/or consequences arising as a result thereof.
In the case of:
theft, accident or damage resulting in complete destruction/loss of the Vehicle, the Lessee shall be liable to pay
the monthly Lease Rental till such time as the claim in respect of such theft, accident or damage under the trip
protection plan /insurance is settled by the insurance company. Thereafter, upon payment of the claim amount
by the insurance company, the Lessor shall reconcile the accounts with the Lessee, subject to setoff or adjustment
of all amounts that may be due from the Lessee to the Lessor under this Agreement.
accident or damage resulting in partial or repairable damages in the Vehicle, the Lessee shall be liable to
continue to pay the Lease Rental in accordance with this Agreement, including for the period during which the
Vehicle is deposited with any workshop for repair work.
Notwithstanding anything contained herein, in the case of an accident or damage resulting in partial or
repairable damages to the Vehicle or in case of theft where the Vehicle is recovered before or after the claim
amount under the trip protection plan/insurance is received from the insurance company:
the Lessor may in its sole discretion depending on the condition of the Vehicle, opt not to continue the lease of
Vehicle and terminate this Agreement under Clause 14.1 below and the Lessee shall be liable to promptly pay
all unpaid dues under the Agreement to the Lessor, including without limitation the Excess Mileage Charges;
the Lessee shall not be entitled to terminate the Agreement and where the Lease Term is about to expiry the
same will stand extended, until the settlement of the trip protection plan/insurance claim and/or conclusion of
the police investigation and/or proceeding(s) by any other competent authority(ies) with respect to the damage,
accident or theft of the Vehicle. Traffic Violation and Confiscation
During the Lease Term and until the return of the Vehicle in good working order/condition to the Lessor, the
Lessee is solely responsible for use of the Vehicle in compliance with traffic rules and regulation, including
payment of toll charges. Accordingly, the Lessee shall be solely liable for all traffic violations involving the
Vehicle during the aforesaid period (the “ Traffic Violation ”) and cost, penalty, fines and/or charges imposed in
respect thereof, including fines for late payment, toll evasion/ interstate taxes or any processing fees added by
the relevant regulatory authority(ies). The Traffic Violation includes, but is not limited to, unauthorized parking,
excess speeding, breaking red light, photo enforcement, and toll violations.
The Lessee shall notify/report all Traffic Violations to the Lessor in writing together with all details, as soon as
possible, not being later than 24 hours prior to expiry of period prescribed for taking necessary action in respect
thereof under Applicable Laws (for example, if the case is being taken to court). Thereafter, the Lessee shall
forthwith pay the relevant fine/s to the authority concerned and provide Lessor with the proof of such payment.
In the event the Lessee fails to do so, the Lessor shall have the right at its sole discretion to pay such amounts
and the Lessee shall reimburse the Lessor for the same at the earliest. The Lessee shall also be responsible if the
Vehicle is confiscated, seized or impounded during the Lease Term and until the return of the Vehicle in good
working condition to the Lessor, for any reason attributable to the Lessee (“ Confiscation ”). In such cases
the Lessee shall notify/report the Confiscation to the Lessor in writing together with all details, as soon as
possible, not being later than 24 hours prior to the expiry of the period prescribed for taking necessary action in
respect thereof under Applicable Laws. The Lessee shall provide full support, assistance and cooperation to the
Lessor then take all necessary steps/actions, to have the Vehicle released from the relevant authorities. In case
Lessor assists in the release of the Vehicle from Confiscation, including payment of fines, charges, penalty, and
fees imposed by relevant authority and all the costs and expenses incidental thereto. In the event the Lessee fails
to provide its support and/or pay for the cost involved in having the Vehicle released from Confiscation, the
Lessor shall have the right (at its sole discretion) to take necessary steps to secure the release of the Vehicle at its
own expense. In such cases the Lessee shall promptly reimburse the Lessor for all cost/expense incurred for
release of the Vehicle.
Notwithstanding anything to the contrary stated herein, in case of Confiscation (i) if the Lease Term is about to
expire prior to release of the Vehicle, the Lease Term will stand extended in accordance with the terms of this
Agreement; and (ii) the Lessee shall not be entitled to terminate the Agreement, until the Vehicle has been duly
released, fines/charges/conditions, if any, imposed for release of Vehicle by the relevant authorities has been
paid or satisfied/fulfilled and necessary documentary evidence reflecting conclusive disposal of the matter is
received by the Lessor.
Insurance
The Landlord shall at its own expense during the Lease Term and until the Vehicle is delivered back in good
working condition, comprehensively insure the Vehicle with an insurance company of its choice (“ Vehicle
Insurance ”).
The Vehicle Insurance will provide primary third-party liability protection, which will be to the extent of claims
/ liabilities covered by the Vehicle insurer on the Vehicles for any/ all claims and/or liabilities arising during the
use or operation of the Vehicle by the Lessee.
This shall not however cover the Own Damage and the Lessee will be responsible for any associated costs and
charges directly/indirectly personally attributable to the Lesseeʼs default with the terms of this Agreement.
However, it is hereby clarified that if this third-party liability protection is extended by the
Lessor, it will not be applicable if the liability arises due to Lesseeʼ negligence, or breach of applicable terms
under this Agreement.
The liability protection under the Vehicle Insurance applies only to claims of third-party bodily injury, death, or
property damage, other than to the Vehicle, arising from the use of the Vehicle as permitted by this Agreement
and Applicable Laws. Any such protection excludes any claim made by the Lessee or co- passenger or Lesseeʼ
or co-passengersʼ immediate family members who permanently live with the Lessee or were traveling with the
Lessee at the time of incident. This obligation may be limited to the extent the Vehicle Insuranceʼs coverage
applies. The Lessor shall in no event be liable to the Lessee and/or the co-passenger(s) for any indirect, special,
punitive, or consequential damages (including lost profits) arising from or related to the Vehicle, its use, or this
Agreement.
In case of damage, theft, or destruction or any damage total or partial of the Vehicle during the Lease Term and
until the return of the Vehicle to the Lessor in good working condition, subject to the Lessee fulfilling its
obligations in respect thereof under Clause 8 above, the Lessee shall be liable for any costs that may be
incurred for rectification/repair of the Vehicle due to such damages.
Incase of a total loss or theft, the Lessee shall promptly notify the Platform and the Lessor of the same and shall
assist the Lessor in filing of complaint (in case of theft) or invoking such insurance claims by providing all
required documentation and details of the accident or damages to ensure that the Lessor may effectively
administer the claims from the insurance company. The Lessorʼs decision in that regard shall be final and
binding on both Parties. In cases where the Lessor decides not to file the claim, repair expenses shall be borne
by the Lessee. except in cases of theft, total loss, and/or situations where the Lessor is unable to claim
insurance due to actions (or lack thereof) attributable to the Lessee.
The expenses associated with (a) any risks and ensuing damage to the Vehicle, which are not fully covered by
the Vehicle Insurance; (b) risks which are not borne by the Lessor in terms hereof shall be borne by the Lessee.
Accordingly, the Lessee shall pay to the Lessor the amount of loss and/or damage not paid under the Vehicle
Insurance and be liable for the following: Damage to the Vehicle: The difference, if any, between the actual
amount incurred in repairing the damage to the Vehicle and the amounts recovered/to be recovered under the
Vehicle Insurance.
Theft/total loss of the Vehicle: (a) The shortfall between the claim amount received under the Vehicle
Insurance, and the book value of the Vehicle at that time of its theft/total loss; (b) if usage of Vehicle at the time
of its theft/total loss exceeds the Agreed Mileage, charge of the excess mileage incurred as per the rate
specified in the Fee Policy ; (c) other cost/expense incurred by the Lessor for or in respect of assessment loss
suffered by the Vehicle and possibility of its restoration; and (d) other charges, if any, remaining unpaid by
Lessee under this Agreement.
Notwithstanding the above in case the insurance claim for damages/loss to the Vehicle under the Vehicle
Insurance is repudiated or not admitted by the insurance company due to the mishandling/ negligence/ fault/
rash driving/ any other illegal and unlawful use of the Vehicle by the Lessee; or any third-party claims rejected
due to negligence/ misconduct/ rash driving/ other unlawful or illegal act on part of the Lessee causing
irreparable damage, the Lessee shall be solely liable to incur all the related damages, losses, costs and
expenses.
Addition, Maintenance and Repair
The Lessor shall through its authorized agent/service provider (“ Authorized Service Provider ”) perform the
necessary and required routine maintenance on the Vehicles and upon request from the Lessor, the Lessee shall
provide to the Authorized Service Provider all details on the Vehicleʼs usage, including the reading of the
distance indicator (“ Odometer ”), tyre quality and battery condition of the Vehicle. Any defect/discrepancy in
the Odometer shall be duly reported by the Lessee to the Lessor to ensure the mileage is being duly recorded.
All repair and/maintenance of the Vehicle, including shall be undertaken by the Lessee subject to the provisions
of Insurance under Clause 10 in accordance with the terms of this Agreement or with prior written
consent/confirmation of the Lessor. Subject to requirements of Clause 8.2 above, all incidents requiring repair
of the Vehicle must be reported to the Lessor and in accordance with the Lessorʼs instruction taken to the
workshop for repair. The Lessee shall be responsible to pay for towing, repairs, and other expenses if the
incident results from a breach of this Agreement and/or use of the Vehicle by the Lessee in violation of terms of
this Agreement and/or its user manual.
All parts and accessories that are replaced or added to the Vehicle during the Lease Term and until the Vehicle
is returned to the Lessor, shall be the sole and exclusive property of the Lessor and the Lessee shall not have
any rights in respect thereof, including right to be compensated therefor.
Obligations of the Lessee
11.25 During the Lease Term and until the return of the Vehicle to the Lessor in good working condition, the
Lessee shall:
at his expense maintain the cleanliness, condition, and appearance of Vehicle in as good an operating condition
as it was on the commencement date of the Lease Term. Any liability arising out of not conforming with this
requirement shall be solely to the cost and account of the Lessee.
use the Vehicle only for the Permitted Use in conformity with the ownerʼs manual instructions provided as
part of Vehicle Documentation, applying the same degree of care when using the Vehicle as would ordinarily
be exercised if it belonged to the Lessee and shall strictly refrain from: Prohibited Use of the Vehicle;
an imprudent, negligent, or abusive or abnormal use of the Vehicle; driving
the Vehicle under the influence of drugs, alcohol or any other substance or
intoxicant; driving in contravention of speed limits as prescribed by
competent authority.
permitting use of Vehicle by other person(s) and/or selling, transferring, alienating, assigning, licensing or
granting/creating any rights or interest, of any nature whatsoever, over the Vehicle; driving the Vehicle outside
the Permitted Territory; driving the Vehicle while using a mobile phone or any other mobile communication
device in any manner whatsoever, including while sending an SMS, emailing, using a cell phone with or without
a hands-free device, otherwise using a mobile communication device that may distract the Lessee from driving
or otherwise engaging in similar activities that may be prohibited by the Applicable Laws;
burning any substance including tobacco, incense etc.
inside the Vehicles; use of tobacco, cigarettes, cigars, and
alcohol inside the Vehicle; transportation of animals in the
Vehicle;
transporting more passengers than the prescribed seating capacity of the Vehicle by manufacturer of the
Vehicle; use of the Vehicle for any kind of activity by any person which will affect the normal conditions
or materially impair its value and/or use; any unreasonable, unwarranted, illegal, unethical or inappropriate
use of the Vehicle; and jump starting the Vehicle without the prior written consent of the Lessor.
maintain valid driving license and keep it effective and in force at all times during the subsistence of this
Agreement and till the Vehicle is delivered back to Lessor in good working condition as per the requirements
of this Agreement promptly notify the Lessor in case of any expiration, suspension or revocation of his/her
driving license, or any tickets/citations/conviction related to any Traffic Violation, including but not limited to
driving under the influence of drugs or alcohol, driving while intoxicated, reckless driving, exceeding the
speed limit, or sending an SMS while driving.
maintain effective control of the Vehicle and keep the Vehicle in a secure and suitable environment when not in
use; take all necessary actions to duly secure the Vehicle from external factors while parking it or leaving it
parked, including human or general known adverse weather conditions, by closing its windows and locking the
Vehicle either by way of the central locking system or manual locking, as the case may be; comply with the
terms of this Agreement and Applicable Laws. This includes, rules or regulations relating to use of seat belt,
permitted speed/weight limit, child restraint and instructions relating to the same being displayed/
communicated by the authorities through marks or sign boards;
not perform, or allow any person to perform, any work in or upon or make modifications, changes, alterations
or repairs to the Vehicle, except as expressly provided under this Agreement; not tamper and/or remove the In-
Vehicle Devices and in case the Lessee removes or otherwise tamper the devices, pay to the Lessor the actual
cost of the In-Vehicle Devices.
allow the Lessor or his/her representatives to inspect the Vehicle at all reasonable times with prior notice of at
least 4 hours to inspect the Vehicle and the In-Vehicle Devices and shall grant reasonable access to the
premise where the Vehicle is kept for such inspections;
keep the Vehicle free from any liens, claims, charges and encumbrances, of any nature whatsoever; keep the
Lessor fully informed of all material matters relating to the Vehicle and/or Lessorʼs right/title/interest in the
Vehicle; deliver the Vehicle at the end of the Lease Term or on earlier termination of the Agreement at such
address as the Lessor requires, or if necessary, allow Lessor or its representatives access to the site or any
premises where the Vehicle is located for the purpose of removing the Vehicle;
not do or permit to be done anything which could invalidate the Vehicle Insurance or the trip protection
plan/insurance; and ensure the safekeeping and presence of the Vehicle Documentation in the Vehicle. If
these documents are lost or stolen, the Lessee will bear the cost of obtaining duplicates and/or the
inconvenience fee as per the Fee Policy and the same shall be remitted to the Lessor along with all other
charges for damages and Lease Rental as payable to the Lessor Representations and Warranties
The Lessor hereby represents and warrants to the Lessee that:
Lessor is the sole legal, and registered owner of the Vehicle;
Lessor has the full legal right, capacity, power and authority to enter into and execute this Agreement, be
contractually bound by and comply with all rights and obligations contracted under this Agreement; and
There is no action, investigation or other proceedings of any nature whatsoever, by any governmental authority
or third party against the Lessor, which would restrain, prohibit or otherwise challenge the lease of the Vehicle
to the Lessee as contemplated by this Agreement. Further the Lessor also represents that there are no pending
insurance claims and/or other on- going
litigations, legal claims or any other claims that may arise in tort or law at the time of
listing the Vehicle The Lessee represents and warranties to the Lessor that:
Lessee is above the legal driving age requirement and has a valid driving license for the use and operation of
the Vehicle in accordance with requirements of Applicable Laws;
Lessee the full legal right, capacity, power, and authority to enter into and execute this Agreement, be
contractually bound by and comply with all rights and obligations contracted under this Agreement; and there
is no action, investigation, or other proceedings of any nature whatsoever, by any governmental authority or
third party against the Lessee, which would restrain, prohibit, or otherwise challenge the transaction as
contemplated by this Agreement. Except as expressly provided in this Agreement, the Lessor makes no
warranty or representation, express or implied, as to the fitness, safeness, design, merchantability, condition,
quality, capacity or workmanship of the Vehicle.
Termination
The Lessor may terminate this Agreement at any time , by canceling the booking over the Platform. The
cancellation by Lessee is subject to certain charges that the Lessee may incur and are more particularly
described in the Fee Policy. Provided that the Lessor shall be entitled to terminate this Agreement immediately
with written notice to the Lessee at any time during the Lease Term, including the Lessor Lock-in Period in the
following cases:
The Lessee refuses and/or is unable/unwilling for any reason to accept delivery of the Vehicle in accordance
with Clause 5 above.
Prohibited Use of the Vehicle by the Lessee or any other third party during the Lease Term;
Lessee ceasing to hold valid driving license, for any reason whatsoever and/or Lesseeʼ driving license being
revoked, detained, impounded and/or suspended by concerned authorities;
failure by Lessee to abide by the terms of this Agreement and/or observe the covenants or fulfill his/her
material obligations hereunder; the Lessee is placed in mandatory liquidation or has a receiver or other
administrator appointed in respect of his/her assets; in case of an accident or damage of the Vehicle, resulting in
partial or repairable damages in the Vehicle or in case of theft where the Vehicle is recovered before or after the
claim amount under the trip protection plan/insurance is received from the insurance company;
the Lessee is entering into or proposing to enter into any arrangement for the benefit of its creditors; and
Lessee becomes subject to any event analogous to, or enters into any arrangement analogous to, any of those
events or arrangements specified in (v), (vi) and (vii) of this clause 14.1.
In case of termination of this Agreement on account of expiry of the Lease Term or under clauses 14.1 above:
the Lessee shall pay to the Lessor, the outstanding Lease Rental (together with all late payment/charges
thereon) and other unpaid sums/charges/costs payable by the Lessee under this Agreement, including without
limitation the payables under Clause 15 below;
Upon the return of the Vehicle to the Lessor in accordance with Clause 15 below, the Lessor shall (a) instruct
the Platform to return to the Lessee the advance Lease Rental, if any, paid by the Lessee for the unexpired
period of the Lease Term to the Lessee subject to adjustment against other outstanding payable of the Lessee
under this Agreement; (c) except in case of termination under Clause 14.1(i), return to the Lessee the entire
advance Lease Rental or then remaining balance of the Lease Rental, as the case may be, without interest,
provided the Lessee has no other amounts payable by him/her hereunder and fully performed all other
provisions of this Agreement; the Parties shall be regarded as discharged from any further obligations under
this Agreement. Provided that termination and/or expiry of this Agreement shall not relieve either Party of any
obligation or liability accrued prior to the date of return of the Vehicle to the Lessor in accordance with Clause
15 below; and the Parties shall be entitled to pursue any additional or alternative remedies provided by law or
equity.
Repossession/Return of the Vehicle
Upon the expiry of the Lease Term, or earlier termination of this Agreement (except termination of the
Agreement on account of theft or total destruction/loss of the Vehicle), the Lessee shall, at its own cost and
expense, and without any delay, return the Vehicle with the Vehicle Documentation, Vehicleʼs key, key fob, in-
Vehicle Devices and other starting device to the Vehicle in its designated position in the Vehicle at the
Designated Location. The Lessee agrees and covenants that at the time of its return the Vehicle shall be in the
almost the same order and condition, as the Vehicle was at the time of commencement of the Lease Term, except
normal wear and tear, as per the guidelines set out under (“ Vehicle Condition Guidelines ”) appended as
Schedule 1 to this Agreement. In case, the Lessee returns the Vehicle at a place other than the Designated
Location the Lessee shall be liable to reimburse the Lessor all costs incurred in transporting the Vehicle from
such place to the Designated Location;
the Lessee does not return the Vehicle within the specified period, the Lessor (directly or through its Authorized
Service Provider) shall be entitled to take necessary steps to repossess the Vehicle after giving reasonable notice
to the Lessee and the Lessee hereby irrevocably authorizes Lessor and its Authorized Service Provider to take
physical possession of the Vehicle as aforesaid. In such cases the Lessee shall be liable to a pay late return
penalty specified in the Fee Policy till the date the Vehicle is returned to or repossessed by the Lessor as also the
costs, expenses, charges etc. incurred by the Lessor for repossession of the Vehicle; damage to the Vehicle at the
time of the return, other than excepted wear and tear as per the Vehicle Condition Guidelines. In such cases the
Lessee shall be liable to a pay penalty for such
the Vehicle is returned, but its key, key fob, in-Vehicle Devices, other starting device to the Vehicle or any
component(s) of the Vehicle, including the accessories fitted as original equipment on the Vehicle (except
where the components are replaced or repaired during the Lease Term in accordance with this Agreement)
and/or any of Vehicle Documentation is missing, the Lessee shall be charged with inconvenience fee and or
penalty/ cost of replacement for such parts and documentation as maybe provided in the Fee Policy. The Lessee
shall also remain responsible for the payment of charges against the usage of the Vehicle during such period.
The actual usage of Vehicle by the Lessee exceeds the Agreed Mileage, the excess mileage charge as per the
rate specified in the Fee Policy shall be paid by the Lessee to the Lessor.
damages at the rate specified in Fee Policy and all the costs, expenses, charges etc. incurred by the Lessor to
restore the Vehicle to its original condition.
If required by any relevant regional transport authorities/ statutory transport offices, the Lessee agrees to sign
on such required documents on return of the Vehicle at the end of Lease Term. In turn, the Lessor confirms that
the Lessee will not be responsible for any claims or damages incurred after the Vehicle is returned to the
Lessor. Confidentiality
The Parties agree that there will be sharing, and exchange of confidential personal and sensitive personal
information between them. To safeguard such information each party (“ Receiving Party ”) agrees to protect the
confidential information of the other party (“ Disclosing Party ”) received by it hereunder as the Receiving
Party would protect its own, or any diligent person or entity would protect information of this nature.
The Receiving Party agrees to use the confidential information only for the purpose of and in performance of
its rights and obligations under this Agreement.
The obligation not to disclose confidential information shall survive notwithstanding the termination of this
Agreement and at no time will the either Party be permitted to disclose confidential information of the other
party, except to the extent at or after the time of disclosure or acquisition, the confidential information is in the
public domain in the form supplied otherwise than through a breach of this Agreement by the Receiving Party.
Indemnity
The Lessee shall indemnify and hold harmless the Lessor and the Authorized Service Provider against all costs,
charges, expenses, losses, damages, liabilities or claims suffered by the Lessor directly or indirectly, on account
of any willful default, misconduct, negligence, fraud, violation of Applicable Laws or any breach of the terms of
this Agreement by the Lessee.
Lesseeʼs obligation to indemnify the Lessor hereunder shall survive the expiration, cancellation or termination
of this Agreement. The Lessee waives any immunity Lessee may have under any Applicable Law from its
obligation to indemnify the Lessor under this Agreement.
Miscellaneous
All payments under this Agreement, including without limitation the Lease Rental and the Damage Protection
Fee shall be made through the Platform in accordance with the payment policies specified on the Platform.
This Agreement shall not be construed insofar as creating an association, partnership, joint venture or
corporation between the Parties, or as imposing any obligation or liability of a corporate nature to either party.
Neither party has the right, power or authority to sign any agreement, bind, or in any manner act on behalf of or
as a representative or agent of the other Parties, unless expressly established otherwise herein.
The Lessee shall not assign any of its rights under this Agreement or delegate the performance of any of his
duties hereunder, without the prior written consent of the Lessor.
Notices, demands or other communication required or permitted to be given or made under this Agreement,
shall be in writing and delivered personally or sent by courier or by email to the intended recipient at their
address set forth in this Agreement, or to such other address or email address, as either Party may from time to
time duly notify to the other.
Under no circumstances shall the Lessor be liable to the Lessee in contract, tort or otherwise for any loss of
profits or business, or any special, incidental, indirect, exemplary, punitive or consequential damages, arising
from or as a result of this Agreement, even if the Lessor has been advised of the possibility of such damages.
This Agreement, its Schedules the Fee Policy, the Terms & Conditions for Host & Lessee on Platform and any
other documents referred to herein (in each case, to the extent not inconsistent with this Agreement) constitute
the entire and only agreement between the Parties relating to the subject matter hereof and supersedes and
extinguish any prior drafts, agreements, undertakings, representations, warranties and arrangements of any
nature whatsoever, whether or not in writing, relating thereto.
This Agreement shall be governed and construed in accordance with the laws of the India and the courts of
Bangalore shall have sole and exclusive jurisdiction in case of any disputes, claims and questions arising under
or pursuant to this Agreement. In case of any change in Applicable Laws that has an effect on the terms of this
Agreement, the Parties agree that the Agreement may be reviewed, and if deemed necessary by the Parties,
renegotiated in good faith.
If during the Lease Term and until the return of the Vehicle to the Lessor in accordance with Clause 15 above,
any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, such illegality,
invalidity or unenforceability shall not affect or impair the legality, validity or enforceability of any other
provisions of this Agreement. In addition, in such an event the Parties shall negotiate in good faith to modify
this Agreement so as to affect the original intent of the Parties as closely as possible with respect to those
provisions which were held to be invalid, illegal or unenforceable.
Any amendment of or modification to this Agreement shall be effective only if mutually agreed in writing and
executed by a duly authorized representative of each Party.
Any tolerance by any Party with respect to the anticipation or delay in the performance of the obligations
assumed by the Parties will not constitute novation, amendment or a waiver of any term set forth in this
Agreement.
This Agreement may be executed by electronic means (including .PDF) and in any number of counterparts,
each of which when executed and delivered, shall constitute an original, but all of which together shall
constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same
counterpart.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT TO BE DULY
EXECUTED
CONDITION VEHICLE GUIDELINES
Your vehicle must follow all laws and regulations for safety, condition and operation. You should get a vehicle
mechanical and safety inspection at least once a year. An inspection would include the vehicleʼs most critical
safety items including brakes, steering parts, tires and lights.
Complete maintenance requirement list below - Visual overview and
legal registration: RC Copy
Valid insurance Brake tests:
Parking brake
Service brake, 3mm or more (25% of the life of the brakes or more, typically) Exhaust system:
Undamaged exhaust system components/muffler
No visible blue or black smoke Steering and suspension
Steering wheel and box
Suspension/front end
Springs
Shocks
Vehicle height Horn
Sound horn to test for adequate signal
The horn must be securely fastened to the vehicle Glazing, glass, and windshield wipers
Windshield, no cracks; no chips in the line of sight
Windshield wipers and washer in working order
Windows, no cracks
Tint to legal specifications Engine and powertrain
Engine, including all subcomponents
Cooling system
Lubrication system
Electrical and electronic management systems
Transmission, including clutch, torque converter, and
similar components All fluids and lubricants
No check engine light, warning lights, or recalls Visibility and
lighting devices Headlight aim
Headlights and rear lights working, no bulbs burned out
Hazard lights, directionals/stop/reverse lights, and license plate light(s)
Reflectors
Rearview mirror
Mirrors (general) Tires and wheels
4/32” or greater tread depth (50% or higher of tread, typically)
Six years old or newer
No cuts, gouges, bulges, or bubbles in the sidewall Seat belts and airbags
No airbag warning lights or recalls
No safety restraint system (SRS) or occupant classification system (OCS) warning
lights or recalls Body, including all seals and panels
No hanging body panels
No damage to the floor pan, cowl panel, or structural pillars
TERMS OF USE
FEE POLICY
TERMS & CONDITIONS
PRIVACY POLICY
DAMAGE POLICY
PLATFORM TERMS OF USE
This document is a legally binding document which will be effective upon your acceptance of the
same (directly or indirectly in electronic form or by means of an electronic record) and will form part
of the Governing Policies for availing the services offered through the website and
https://www.zonecar.in/in/ mobile application under the name and style of “zonecar” (“Platform”).
Background
The Platform is owned by zonecar India .
Through this Platform, zonecar enables and facilitates the Users to list and lease vehicles directly with
one another as per the terms and conditions of this document and other policies on the Platform, to
the extent applicable. zonecar does not sell, hire, manage, and/or control the vehicle.
All of the provisions in these Terms of Use, together with zonecar Host Services Terms & Conditions –
Host & Lessee (available here), Privacy Policy (available here), and any other incorporated policies /
agreements constitute the terms of the agreement between you and zonecar for the use of the
Platform and services offered by zonecar thereon (together, the “Governing Policies”).
Please read these terms carefully before using or registering on the Platform or accessing any
material, information or availing services through the Platform. If you do not agree with these Terms
of Use, please do not use the Platform or avail any bookings or services being offered through this
Platform. If you use or transact on the Platform, You shall be subject to the policies that are applicable
to the Platform for such use or transaction. It is hereby clarified that by accepting the Terms of Use
for use of the Platform, You shall be contracting with zonecar and these Terms of Use as applicable,
shall constitute your binding obligations, with zonecar.
We reserve the right, at our discretion, to change or modify these Terms of Use. You agree that the
updated terms and conditions shall be effective from the date publication of the same on the
Platform. It shall be your responsibility to periodically check for any changes to the Terms of Use and
other policies on the Platform. We may require you to provide your consent to the updated
agreement in a specified manner before any further use of the Platform and the zonecar services. If
no such separate consent is sought, Your continued use of the Platform will constitute Your
acceptance of such changes. You may decline such changes by discontinuing Your bookings or services,
as the case may be, made on the Platform.
Subject to your acceptance and compliance of these Terms of Use, zonecar grants you a personal,
non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting
these Terms of Use, you also accept and agree to be bound by the other terms and conditions and
applicable Governing Policies, as may be posted on the Platform from time to time.
Your Account and Registration Obligations
Eligibility:
Only legal persons or natural individuals competent to contract under the existing law of the land,
may use the Platform and avail services as provided by zonecar. zonecar reserves the right to
terminate your registration and / or deny access to the Platform if it is brought to zonecar’s notice
that you are not competent to contract as mentioned herein.
User Information:
If you use the Platform as a registered user, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Platform registration form or provided by You as a visitor or user of a third-party site through which You access the Platform.
If you provide any information that is untrue, inaccurate, not current or incomplete or zonecar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or You are trying to gain unlawful access to the Platform, it has the right to indefinitely suspend or terminate or block access of your registration with the Platform and refuse to provide you with access to the Platform.
You understand and agree that a third-party shall not be authorized to use your account You understand and acknowledge that allowing other individuals to use your credentials to avail zonecar services on the Platform, you will be held solely liable for any damages or liabilities arising out of such use caused to yourselves, other Users or zonecar without prejudice to their right to invoke legal action or proceedings against you and the other User to the full extent permissible under Indian law.
Fees and Taxes
You are responsible for paying all fees (if any) associated with the use of the Platform and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
Use of the Platform
You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following:
You are solely responsible for Your information, and the Platform acts only as a passive conduit for distribution and publication of Your information. You shall not host, display, upload, modify, publish, transmit, update or share/list(s) any information or item including but not limited to documents for identification or listing of the vehicle that are false, inaccurate and misleading or impersonating a person or belong to other person over which you have no right.
You are prohibited from assigning or transferring your account to any other user, person, or entity.
You agree that you shall not violate any applicable law for the time being in force in India.
You shall not use the app to post anything grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" or harmful to minors.
You shall not attempt to use any intellectual property rights of zonecar or a third-party partner linked to our Platform including any patent, trademark, copyright or other proprietary rights or trade secrets or rights of publicity or privacy.
You also shall not make use of any other computer code, software viruses, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
You shall not create liability for zonecar or cause zonecar to lose or disrupt (in whole or in part) the services of our service providers or other suppliers.
You shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the Governing Policies or any other applicable law for the time being in force in India.
Privacy
The Platform collects, stores, processes and use Your information in accordance with Privacy Policy https://www.zonecar.in/ policy privacy. By using the Platform and/ or by providing your information, you consent to the collection and use of the information you disclose on the Platform in accordance with the Privacy Policy.
Payment Facility
zonecar may, either by itself or through its business partners, from time-to-time contract with third party payment service providers including banks to open nodal bank accounts under applicable Indian laws, to facilitate the payment between Users i.e. owners and lessees and for collection of fees and other charges on the Platform. These third-party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by applicable law for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
Disclaimers
THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT, DEBIT CARDS OR ANY OTHER PAYMENT OPTION AVAILABLE ON THE PLATFORM.
YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S SERVICES.
WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE
MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES,
REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Intellectual property
zonecar owns the intellectual property as available on the Platform. For any other information, and the material published on it including but not limited to user interface, layout format, and any content thereof zonecar may have non-exclusive limited right / license to use or produce the same on its Platform.
You recognize that zonecar or its affiliates is the registered owner of the word mark/device marks and the logo of zonecar products, including but not limited to its variants and agree that you shall not directly or indirectly, attack or assist another in attacking the validity of, or zonecar or its affiliates proprietary rights in, the licensed marks or any registrations thereof,
or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of zonecar’s intellectual property you shall report the same to Host support @zonecar.in with all relevant information.
You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Indemnity and Limitation of Liability
You shall fully indemnify, keep indemnified, defend and hold harmless zonecar and zonecar shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the Terms of Use or any applicable zonecar Governing Policies, or your violation of any law, rules or regulations or the rights of a third party.
Notwithstanding anything contained herein, zonecar’s entire liability and Your sole and exclusive remedy in any circumstance is limited to amount of fees, if any, paid by You on the Platform for the transaction under dispute. Other than the aforesaid, zonecar shall have no liability to You.
General
These Terms of Use sets forth the entire understanding and agreement between You and zonecar with respect to the usage of the Platform.
If any clause of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Terms of Use.
In zonecar's sole discretion, zonecar may transfer, assign or novate these Terms of Use without your prior express consent. However, the Platform on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts. You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
Other Complaints
In the event you have any complaints or concerns with respect to the Site or our services, please contact our Customer Support mail at Host support in@zonecar.in
Governing Law and Dispute Resolution
These Terms of Use and This Agreement and the Governing Policies shall be exclusively governed and construed in accordance with the provisions of the laws of India.