In case you encounter any difficulty understanding the content of this document, please reach out to Vhingo via email at info@vhingo.com. Your acceptance of this document will be considered valid once you click the "I accept" button on the Vhingo website and app.
This document hereby serves as an electronic record, as defined and governed by the
Information Technology Act, 2000, and its relevant regulations, including the provisions
related to electronic records in various statutes amended by the Information Technology Act,
2000.
This electronic document is produced by an automated computer system. It does not
necessitate the inclusion of any physical or digital signatures. By selecting the "I accept"
button on this electronic contract, you hereby provide your explicit consent to be legally
obligated by the terms and conditions outlined in this subscription agreement, which
encompasses all accompanying exhibits. Prior to commencing the utilization of the Portal, it
is imperative that you have thoroughly perused and fully grasped all the stipulations
contained within this subscription agreement and its accompanying exhibits. By engaging in
the action of clicking the "accept & continue" button on this electronic contract, you are
hereby indicating your explicit consent and Agreement to be legally bound by all the terms
and conditions set forth within this document. If you decline to accept any of the terms
stated herein, please refrain from utilizing the Portal or accessing any of the services
offered therein. By accepting and agreeing to this Subscription Agreement, you hereby enter
into a legally binding agreement with Vhingo pertaining to the utilization of the services
provided by the Portal.
This Agreement, from now on referred to as the "Agreement," is entered into by and between
Mahsha Web Services Pvt Ltd., a corporation with its principal place of business located at
[GROUND FLOOR, 183A, KH. NO. 1240, PREM NAGAR-2, NEW DELHI, North West Delhi, Delhi,
110041], including its representatives, successors-in-interest, affiliates, and assigns
(collectively referred to as "Vhingo"), on the ONE PART, and a service provider who is a
driver, desiring to be listed on the Vhingo Platform/Portal for the purpose of rendering
driver services to the users of said Portal. The service provider responsible for providing
driver services has confirmed that they satisfy the requirements for eligibility as
specified in Exhibit D and adhere to all applicable laws pertaining to the provision of
driver services via the Portal. Henceforth, the entity providing driver services shall be
designated as the "Service Provider" or "E-Commerce Participant" by the counterparty.
Individually, Vhingo and the Driver Service Provider will be referred to as "Party" and
collectively as "Parties." The aforementioned collective exhibits, specifically identified
as 'A,' 'B,' 'C,' and 'D,' shall henceforth be denoted as 'Exhibits.'
Vhingo functions as a technology-driven electronic platform service, enabling the prompt
accessibility of drivers to customers/users of the Vhingo portal/Platform who are in need of
driver services. The scope of Vhingo's offerings encompasses a technologicallyoriented
product, inclusive of all subsequent enhancements and software facilitating the utilization
of the application, as well as any other designated URL provided by Vhingo ("Portal"). The
Portal, as mentioned above, serves as a comprehensive registry and consolidation platform
for duly registered Driver Service Providers.
On the basis of the representations and assurances provided by the Driver Service Provider,
Vhingo has agreed to list the Driver Service Provider on the Portal ("Service Provider
App"). This enables the Driver Service Provider to offer Driver Services ("Driver Services")
through the 'Service Provider's App,' in accordance with the terms and conditions laid out
herein.
The following document outlines the terms and conditions of the Agreement between the parties involved. This Agreement sets forth the rights, obligations, and responsibilities.
I. Scope and Responsibilities
By virtue of executing this Agreement and furnishing the particulars delineated in Exhibit
A, hereinafter referred to as the "Registration Data," it shall ensure that the Driver
Service Provider shall be duly registered with Vhingo. This registration hereby grants the
Driver Service Provider the requisite eligibility to possess an online account on the
Service Provider's App ("Account") for the purpose of providing Driver Services through the
Service Provider's App.
The Driver Service Provider's registration with Vhingo shall always be subject to compliance
with the requirements outlined in Exhibit D and Exhibit B, respectively. Additionally, the
Driver Service Provider with Vhingo shall adhere to other specific details and documents
concerning the Driver Service Provider, as detailed in Exhibit A. The Driver Service
Provider hereby acknowledges and consents to the collection, storage, and sharing of Aadhaar
card information and any related data with Third Party Vendors and/or Government Authorities
for the onboarding and background verification process.
The Driver Service Provider hereby acknowledges and consents to the fact that all rights,
duties, and liabilities of both the Driver Service Provider and Vhingo shall be subject to
the provisions outlined in this Agreement and the Driver Service Provider Terms and
Conditions, which can be accessed at Vhingo's official premises ("Driver Service Provider
T&C"). Please be advised that an annexed copy of the Terms and Conditions for the Driver
Service Provider, hereinafter referred to as the "IDSP T&C," has been included as Exhibit B
to this Agreement. The undersigned Driver Service Provider hereby declares that they have
thoroughly perused and comprehended the provisions delineated in this Agreement and the
Driver Service Provider Terms and Conditions and hereby express their satisfaction and
acceptance of said terms.
I. Scope and Responsibilities
When it comes to registering on the Service Provider App, Driver Service Providers must
ensure that their mobile mobile devices match the specifications and functionalities as
specified and communicated by Vhingo in the Commercial Term Segment of Exhibit C. Driver
Service Providers must provide their own mobile mobile devices for this purpose.
Furthermore, it is a binding agreement that these mobile devices remain powered on
throughout the entire duration of service without any exceptions whatsoever. The provisions
concerning the usage of the Mobile device are outlined as follows:
a. To register on the Service Provider App, the Driver Service Provider is required to
furnish their own Mobile device. This Mobile device should adhere to the specific model and
functionality criteria communicated by Vhingo. Upon verification by Vhingo that the provided
Mobile device meets their stipulated requirements and specifications, Vhingo will extend
support to the Driver Service Provider in installing the Service Provider App.
Furthermore, Vhingo will provide guidance on the proper utilization of the Mobile device
concerning the Service Provider App and Portal, if necessary. In the unfortunate event of
the Mobile device being stolen, it is incumbent upon the Driver Service Provider to promptly
block, suspend, or deactivate the Service Provider App and their Account.
In such a situation, the Driver Service Provider should visit Vhingo's designated offices
with a new Mobile device for the installation of the Service Provider App. Any associated
fees for this service will be determined by Vhingo in accordance with clause II(4) of this
Agreement.
b.Driver Service Providers must use Non-VhingoMobile devices in strict accordance with the
terms outlined in their Agreement. This includes abiding by specific model and functionality
criteria communicated by Vhingo. Driver Service Providers mustn't employ Non-VhingoMobile
devices for any illegal or unlawful activities. The mobile devices should only be used for
authorized purposes.
The Driver Service Provider holds full responsibility for any violations of the law
committed while using the Mobile device. This includes infractions related to transportation
laws, safety regulations, and any other legal breaches that may occur during their
operations. Misuse of the Mobile device or its associated SIM card falls under the exclusive
responsibility of the Driver Service Provider. This entails ensuring the proper and lawful
use of these components, as any misuse may lead to legal repercussions.
c.Should the Service Provider App encounter any operational irregularities on the Mobile
device, the Driver Service Provider is required to promptly deliver the Mobile device to
Vhingo's specified offices. The purpose of this delivery is to address issues related to the
malfunctioning of the Service Provider App and its compatibility with the Mobile device.
d. In the unfortunate event that the Mobile device becomes irreparably damaged due to
actions or oversights of the Driver Service Provider, immediate action is required. The
Driver Service Provider is obliged to exclusively visit Vhingo's designated offices with a
replacement Mobile device to facilitate the installation of the Service Provider App on the
new Mobile device.
In this scenario, Vhingo reserves the right to levy fees for the reinstallation of the
Service Provider App on the Mobile device, with the fee amount to be determined by Vhingo.
If, for any reason, the Driver Service Provider is unable to provide a new Mobile device,
Vhingo retains the prerogative to terminate this Agreement, including its associated
Exhibits, with immediate effect.
e. Vhingo is committed to providing comprehensive support to the Driver Service Provider.
This includes the installation of the Service Provider App and other programs, encompassing
a wide array of software, applications, and content, as determined solely by Vhingo.
Moreover, Vhingo will offer detailed guidance and training to the Driver Service Provider in
utilizing the VhingoMobile device(s) whenever deemed necessary.
III. Representation and Warranties
a. In affirming their commitment, the Driver Service Provider not only represents but also
explicitly warrants that they possess the necessary power and authority to effectively
fulfill and execute the obligations mandated by this Agreement.
b. The commitment made by the Driver Service Provider extends to representing and affirming
that their involvement in and execution of the transactions outlined in this Agreement,
along with the Driver Service Provider T&C, shall not present any conflicts with applicable
laws, regulations, guidelines, rules, or any judicial, official, governmental, statutory, or
regulatory directives and judgments, whether interim or final. Moreover, this commitment
will not create any conflicts with any existing contracts to which the Driver Service
Provider is a signatory.
C. In a clear and unambiguous declaration, the Driver Service Provider affirms their
commitment not to employ the Mobile device for any illicit or unlawful activities.
d. The Driver Service Provider firmly asserts and guarantees that the Service Provider,
under the laws of India, has never been found guilty by any Indian court for a cognizable
offense or an offense that carries a potential prison term exceeding three years.
IV. Declarations and Warranties
a. By accepting these terms, you acknowledge that Vhingo's role is distinctly limited to (a)
the management and operation of the Portal and the Service Provider App, functioning as a
marketplace exclusively for the display of Driver Services as unilaterally determined by
Vhingo; (b) serving as an online booking platform that facilitates the delivery of Driver
Services by the Driver Service Provider to Portal users; and (c) the collection of payments
through third-party payment gateways to enable transactions between Driver Service Providers
and Portal users.
It's important to note that Vhingo functions solely as an intermediary, providing online
marketplace services. The Service Provider App serves as a platform through which Driver
Service Providers can offer their Driver Services to users upon execution of the Agreement
and the registration and acceptance of customer terms and conditions on the Portal.
b. Vhingo unequivocally disavows and will continue to disavow any and all representations
and warranties to the Service Provider. This includes any representations, whether explicit
or implicit, regarding the condition, suitability, quality, merchantability, and fitness for
any specific purposes concerning the VhingoMobile device(s), the Service Provider's App, and
Portal, as well as the services accessible through the Service Provider App on the Portal.
In line with this, Vhingo categorically disclaims any and all potential liabilities, whether
they be civil, criminal, tortious, or of any other nature, that might arise as a result of
the use and access of the Service Provider's App and Portal.
c. Subject to the extent permitted by applicable laws, Vhingo explicitly renounces and will
persist in renouncing any and all responsibilities. This includes liabilities of any nature,
whether they be civil, criminal, tortious, or otherwise, that might arise as a consequence
of the Driver Service Provider's (a) breach of relevant laws governing the provision of
Driver Services; (b) breach of the terms stipulated by the transport authorities in licenses
and permits; (c) breach of the Driver Service Provider T&Cs; or (d) failure to fulfill the
duty of care owed to the users of the Portals.
d. Vhingo cannot provide a warranty to the Driver Service Provider regarding the continuous
availability of the Service Provider App on the Portal, irrespective of time or location.
Nor can Vhingo guarantee uninterrupted usage of the VhingoMobile device(s) and Service
Provider App on the Portal. The Driver Services facilitated through the Service Provider App
on the Portal may experience occasional interruptions, technical glitches, or potential
exposure to viruses or other malicious software. Additionally, Vhingo cannot assure that any
defects will be promptly corrected.
V. Payment Terms
As part of the Agreement wherein Vhingo shares the Driver Service Provider's information on the Portal and facilitates the offering of Driver Services through the Service Provider App on the Portal, a series of payments, meticulously detailed in the Commercial Terms Segment presented in Exhibit C, will be orchestrated. These payments, known as "Fees," will be duly settled and processed in accordance with the methods outlined in the Commercial Terms Segment, also enclosed in Exhibit C.
VI. Confidentiality
The Driver Service Provider acknowledges the obligations set forth in this Agreement,
specifically pertaining to the confidential information of Vhingo and its affiliates, as
shared by Vhingo. The Driver Service Provider commits to maintaining the utmost
confidentiality of all data and other confidential information provided by Vhingo and
pledges not to disclose or make such information available to any third party.
The scope of confidential information includes, but is not limited to, all information,
whether communicated verbally or in writing, revealed by Vhingo or Portal users,
encompassing Portal users' details (comprising Personal Information and sensitive personal
information as defined in the Information Technology (Reasonable Security Practices and
Procedures and Sensitive Personal Information) Rules, 2011), contact information, market
insights, all associated work products and documents, the contents of the Service Provider
App/Portal, or any other information, regardless of its form, whether already received or to
be received by the Driver Service Provider.
Furthermore, it is essential to emphasize that this Confidential Information must never be
disclosed to any entity engaged in a business similar to that of Vhingo ("Competitor").
Should Vhingo become aware of the Confidential Information being disclosed to a Competitor
or used to its advantage, Vhingo reserves the right to claim direct and indirect damages
incurred due to such actions.
VII. License and Proprietary Rights
a. License Grant: In accordance with the stipulations outlined in this Agreement, Vhingo
extends a restricted, non-exclusive, non-transferable, non-sublicensable, and non-assignable
license to the Driver Service Provider for the duration of this Agreement. This license is
specifically granted for the use of the Service Provider App on Vhingo's Portal, with the
sole intention of offering Driver Services to Portal users and facilitating the settlement
of Fees between Vhingo and the Driver Service Provider. It is important to note that all
rights not explicitly conferred upon the Driver Service Provider remain the exclusive
property of Vhingo.
b. Ownership: The Portal, Service Provider App, and Confidential Information, encompassing
but not confined to all intellectual property rights such as the company name, logos,
product and service designations, trademarks, service marks, or any other distinctive
symbols of ownership ("Vhingo Intellectual Property"), shall unequivocally remain the
exclusive property of Vhingo, as the prevailing Party between the Driver Service Provider
and Vhingo.
It is imperative to clarify that neither this Agreement, the Driver Service Provider T&C,
nor the Driver Service Provider's utilization of the Portal and Service Provider App imparts
or bestows upon the Driver Service Provider any rights: (a) with regard to the Portal and
Service Provider App, aside from the restricted license granted previously; or (b) to employ
or make reference to Vhingo's Intellectual Property in any manner whatsoever.
c.The Driver Service Provider solemnly agrees that they shall refrain from duplicating,
transcribing, or creating any replicas of Vhingo Intellectual Property, regardless of the
form or method, and shall not engage in the act of copying, reverse engineering, or any
attempts to unveil the composition, underlying information, structure, or concepts of said
Vhingo Intellectual Property.
VIII. Compensatory Damages Clause
a. The Driver Service Provider hereby agrees and commits to indemnify and absolve Vhingo, along with other parties designated by Vhingo, Vhingo affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from any and all losses, damages, liabilities, claims, costs, penalties, and expenses (including, but not limited to, reasonable attorney's fees) incurred due to the following reasons:
b. The Driver Service Provider has a legal responsibility to compensate and release Vhingo
from any financial harm, losses, fees, or charges that Vhingo incurs as a result of
complaints made by users of the Portals over unsatisfactory Driver Services.
C, Regardless of any provisions in this Agreement,it is crucial to emphasize that, in
accordance with relevant laws, the total liability of Vhingo under this Agreement or Driver
Service Provider T&C, regardless of whether it arises from contract (including indemnity),
tort (including negligence or breach of statutory duty), misrepresentation, restitution, or
any other grounds, with respect to the implementation or expected implementation of this
Agreement, will be limited to INR 5,00,000.
IX. Specific Restitution
The Driver assumes full liability for any and all accidents or events involving the Customer Vehicle during the provision of Driver Services. Vhingo will not be held responsible for any liabilities arising from accidents or events, regardless of whether they involve the customer's vehicle or another vehicle. Moreover, the Driver shall bear exclusive responsibility for any additional expenditures related to the vehicle, such as maintenance fees and fines for traffic infractions. Vhingo shall bear no responsibility or liability for these expenses. It is essential to mention that if there is a repeated accident occurring within a span of 12 months, Vhingo will swiftly enforce a prohibition on the Driver.
X. E-Agreement
This Agreement, along with multiple Exhibits and the Terms and Conditions for Driver Service Providers (which will be in electronic format), is the whole Agreement between the Parties. This Agreement takes precedence and overrides all previous discussions, whether spoken or written, concerning the subject matter. Any arrangement or understanding that conflicts with or goes beyond the provisions of this arrangement or the Driver Service Provider T&C will not be legally binding on any Party concerned.
XI. Term & Termination
The duration of this Agreement is set for a term of 5 (five) years. It will be subject to
automatic renewal unless the Parties agree differently. The Agreement can be terminated by
any party with written notice, given at least 7 (seven) business days in advance. No
specific reason for termination needs to be provided. Vhingo has the authority to promptly
discontinue this Agreement if the Driver Service Provider violates any terms stated in it.
Upon termination of this Agreement, the Driver Service Provider's registration with Vhingo
will be canceled, their Account will be terminated, and they will no longer have access to
the Service Provider App on Vhingo's Portal.
XII. Notice
XIII. The Nature of Relationship Between Parties
a. During the entire term of this Agreement, the Driver Service Provider will operate as an
autonomous service provider, maintaining an independent position. They are explicitly
prohibited from acting as, being seen as, or being construed as an agent or employee of
Vhingo. The relationship between the Parties is primarily characterized by a
principal-to-principal dynamic. Under no circumstances or for any reason may any part of
this Agreement be interpreted as creating an employer-employee connection between the Driver
Service Provider and Vhingo. As a result, the Driver Service Provider will not qualify for
any employee benefits, including both statutory and non-statutory benefits provided by
Vhingo to its employees. The benefits encompass salaries, vacation money, sick leave,
retirement benefits, social security, worker's compensation, health or disability benefits,
and any other employee perks. The Driver Service Provider is accountable for ensuring the
payment of any relevant taxes associated with their role as an independent service provider
or participant in E-commerce.
b. The Driver Service Provider explicitly agrees not to take on or establish any obligation
or responsibility, whether stated clearly or indirectly, on behalf of or in the name of
Vhingo. The Driver Service Provider does not possess the jurisdiction to form, modify, or
terminate contractual relationships between Vhingo and any third party, nor do they have the
ability to act on behalf of Vhingo or legally obligate Vhingo in any manner. Any acts
performed by the Driver Service Provider on behalf of Vhingo that are deemed to go beyond
the specified duties and responsibilities described in this Agreement will be considered
unauthorized and unlawful. In such instances, the Driver Service Provider shall bear
personal responsibility for their acts.
XIV. Dispute Resolution Under Governing Law
a. In the event of any dispute between the Driver Service Provider and Vhingo arising from
or related to this Agreement, the matter shall be submitted to arbitration in accordance
with the Arbitration and Conciliation Act, 1996 (Indian). The arbitration proceedings shall
be presided over by a sole arbitrator appointed by Vhingo, and the arbitration shall take
place in Delhi. The arbitration proceedings will be conducted in the English language, and
the arbitrator's decision will be final and binding upon both Parties.
b. This Agreement shall be governed by and construed in accordance with the laws of India.
Except as otherwise provided in clause XII (1), the courts in Delhi shall have exclusive
jurisdiction over matters pertaining to this Agreement.
c. In addition to the remedies mentioned above, Vhingo reserves the right to seek interim
injunctions, restraining orders, or any other equitable relief deemed necessary by a court
of competent jurisdiction to prevent the Driver Service Provider from breaching any of the
covenants and obligations outlined in this Agreement. These injunctive remedies are
supplementary and do not negate any other legal or equitable rights and remedies available
to Vhingo.
XV. Amendment
Vhingo has the authority to modify the terms of this Agreement and the attached Exhibits as it sees fit. Vhingo will inform the Driver Service Provider of any such changes in accordance with the methods outlined in section XI.
Personal Information:
Required Documents:
The ensuing Terms and Conditions, as delineated herewith, shall be expressly applicable in a
subsequent manner: In the event that an Independent Driver Service Provider, acting as an
individual, extends their services directly to customers, these Articles and Conditions
shall be construed in a manner conducive to the solitary Driver Service Provider.
Meaning and Definitions:
The words that are described and capitalized in these Driver T&C will all mean what is
written below. Any words that aren't explained here will have the meanings given to them in
the Subscription Agreement.
Terminology | Meaning |
---|---|
Acceptance: | "Acceptance" is defined as your affirmative act of selecting the checkbox adjacent to the phrase "ACCEPT & CONTINUE" positioned at the conclusion of these Driver Terms and Conditions. Through this act, you manifestly acknowledge the Driver Terms and Conditions and any subsequent alterations. |
Account: | "Account" denotes the profile established by Vhingo, a prerogative exercised exclusively by Vhingo, following the Driver's submission of Registration Data, which is subsequently scrutinized and verified by Vhingo. |
Applicable Laws | The term "Applicable Laws" encompasses and embraces the entirety of relevant statutes, legislative enactments, parliamentary edicts, legal provisions, mandates, canons, directives, codes, bylaws, decrees, notifications, counsel, doctrines, guidelines, policies, instructions, mandates, and pronouncements from any authoritative governing body, adjudicatory institution, commission, or tribunal, within the territorial confines of India. |
Booking | "Booking" is herein defined as the designated Service Request. |
Business Day | The terminology "Business Day" designates a day when financial institutions within the city of operation are accessible. |
Cancellation Fee | The "Cancellation Fee" is the prescribed charge remittable by the Patron for the annulment of a Booking, which the Patron had previously solicited. |
City of Operation | The "City of Operation" signifies the urban locale in which the Subscription Agreement is formally contracted between the Driver and Vhingo. |
Commercial Term Segment | Within the scope of the Subscription Agreement, the "Commercial Term Segment" delineates Exhibit C, elaborating upon the commercial stipulations governing the Services dispensed by the Drivers. |
Convenience Fee | The term "Convenience Fee" signifies the remuneration made by the Customer for the utilization of the technological amenities and services tendered by Vhingo. A Convenience Fee will be levied for each Service Request initiated by the Customer via the Portal. |
Customer | The term "Customer" is ascribed to any individual who initiates a Service Request on the Portal and has accepted the Customer's Terms of Utilization and Privacy Protocol of the Portals, as may be applicable. |
Customer’s Terms of Use | "Customer's Terms of Utilization" is tantamount to the Customer's Terms and Conditions, which are obtainable on the Vhingo Portal and dictate the conditions for acquiring the Service. |
Device | "Device" encompasses the VhingoMobile App or the Non-VhingoApp, contingent on the context, employed for the execution of the Services. |
Driver | "Driver" or "You" or "Your" or "Yourself" denotes an individual who holds an Account with Vhingo and, in the circumstance of Operator Drivers, includes the Operator Drivers, as necessitated by compliance with these Stipulations. |
Driver’s App | The "Driver’s Application" pertains to the electronic interface accessible through the Vhingo Portal, enabling access to the Chauffeur's Account. Login credentials (comprising User Identification and Code of Access) for the Chauffeur Application are dispensed by Vhingo. |
Driver Proceeds | The term "Driver Proceeds" alludes to the final sum received by the Driver subsequent to the deduction of Vhingo's commission and any other applicable deductions stipulated in the Commercial Terms Segment or communicated through other means. |
Fare | "Fare" pertains to the remuneration due to the Independent Driver Service Provider, as is also displayed on the Device upon the fulfillment of the Service. The Driver grants Vhingo the prerogative to assess and modify the fare in accordance with prevailing market conditions. |
Information | The word "Information" encompasses the particulars provided by the Driver at the juncture of entering into the Subscription Agreement and/or at any other time during and subsequent to the Driver's enrollment on the Driver Application via the Portal, coupled with the successful creation of an Account. |
Mansha Web Services Pvt Ltd. | "Vhingo," denoted by "We," "Us," or "Our," signifies Mahsha Web Services Pvt Ltd., an incorporated company with its registered office located at GROUND FLOOR, 183A, KH. NO. 1240, PREM NAGAR-2, NEW DELHI, North West Delhi, Delhi, 110041 India. This reference, unless contextually contradictory or otherwise indicated, encompasses all its successors, affiliates, and duly authorized assignees. |
Parties and Party | The term "Parties" collectively designates both the Driver and Vhingo, while "Party" singles out either of them. |
Portal | "Portal" pertains to the features within the Vhingo mobile application or other software mobile applications, including the Driver App, which is owned, licensed, and under the jurisdiction of Vhingo. Additionally, it encompasses any other URLs specified by Vhingo at various times. |
Service | The term "Service" encompasses the act of driving a customer's Vehicle, commencing from the designated pickup location as indicated on the Device and culminating with the conveyance of the Customer and their Vehicle to the drop-off location specified by the Customer during the placement of their Service Request, which is subsequently accepted by the Driver. |
Total Fare | The "Total Ride Fee" constitutes an amalgamation of the fare, the Convenience Fee, any Additional Fee if applicable, and the Cancellation Fee if such an event arises. These components are displayed on the Device, and additional charges may be relevant as specified. |
Subscription Agreement | The "Subscription Agreement" signifies the contractual accord reached between Vhingo and the Driver. Under this Agreement, the Driver Service Provider commits to delivering Driver Services in compliance with the stipulations outlined within these Driver T&Cs, subject to modifications and amendments as necessary. |
Subscription Amount | The "Subscription Amount" corresponds to the monetary sum tendered by the Driver at the point of subscribing to Vhingo's Portal if such a requirement exists. |
Policies | “Vhingo Policies” means the “Privacy Policy,” Zero Tolerance Policy & such other policies (including any amendments thereof), which Vhingo may issue and make applicable to the Driver from time to time and make available to the Driver on the Driver’s request. |
Term | “Term” means the period commencing from the date of acceptance of the Driver T&C by the Driver up to the date of termination of the Subscription Agreement and/or these Driver T&C. |
Driver T&C | “Terms and Conditions” or “Driver T&C” refers to these Driver T&Cs, which are available at the Portal and may be amended from time to time. |
Wallet | “Wallet” shall mean the prepaid payment instruments available for payments in the Vhingo Portal. |
1. DRIVER T&C'S RELEVANCE
The relevance and applicability of these Driver Terms and Conditions (T&C) are intricately
tied to a web of legal documents, which includes but is not limited to the Subscription
Agreement, Commercial Term Segment, the Zero Tolerance Policy, and the comprehensive array
of Vhingo Policies. These documents, when collectively scrutinized, shall be construed as
having been integrated by reference into these Driver T&C. This integration subsequently
manifests as a comprehensive and exhaustive understanding binding the Parties involved.
In consenting to the Driver T&C, you are inherently acknowledging and embracing the entirety
of the Subscription Agreement, along with its assorted Exhibits. Furthermore, the broad
scope of Vhingo Policies and any other policy that Vhingo may, at its discretion, make
applicable to you during various intervals are also acknowledged and accepted to the fullest
extent feasible.
Furthermore, your acceptance also entails a comprehensive comprehension and the granting of
consent for the collection, retention, and dissemination of your Aadhaar card and any
extracted information therefrom. This Information, in a mode compliant with privacy and data
protection regulations, may be shared with Third Party Vendors and/or Government
Authorities. This sharing occurs within the context of the onboarding process and the
requisite background verification procedures.
2. THE EXPANSE OF SCOPE
It is incumbent upon you to acknowledge and concur that Vhingo's role is one of restraint,
confined to functioning as a marketplace and an electronic commerce platform. This role
exclusively revolves around the management and operation of the Portal, subject to Vhingo's
unilateral decision on how to present the Service. This unilateral stance extends to the
collection of payments, whether by cash or Wallet, in order to facilitate the intricate web
of transactions between you and the discerning Customers.
In this context, Vhingo serves as an intermediary, specializing in the provisioning of
online marketplace services. The Portal, in this light, transforms into a stage where your
Service is proffered to the Customers. Under the framework of this arrangement, the contract
for availing the Service establishes itself as an exclusive pact between you, the determined
Driver, and the discerning Customer. Vhingo's obligations or liabilities, or the lack
thereof, never intermingle with this contractual alliance at any given time.
The Driver firmly corroborates and assumes the mantle of responsibility by affirming that
Vhingo does not, in any capacity, exercise ownership or control over the Customer's Vehicle
when it is navigated by a Driver during the execution of the Service as mentioned above for
the benefit of the Customer. In no capacity does Vhingo bear the liability or responsibility
in the face of any insufficiency or deficiency that may permeate the Service provided by the
Driver to the Customer. Vhingo refrains from presenting any representations or warranties
concerning the quality of the Service disseminated by you, the Service Provider.
3. REQUESTS FOR SERVICES
4. CORRESPONDENCE
As you employ the Driver App on Vhingo's Portal or transmit emails or other data,
Information, or correspondence to Vhingo, it is incumbent upon you to recognize that such
interaction constitutes electronic communication with Vhingo. Hence, your explicit
understanding is what this called for, and you extend your consent to periodically receive
communications through electronic records from Vhingo as and when deemed necessary. Vhingo,
at its discretion, may utilize various modes for these communications, including but not
limited to electronic means or any other suitable modality.
Furthermore, your deliberate concurrence is with this solicited to permit Vhingo to contact
you through your registered phone number and/or email ID. By doing so, you assent to being
reachable by Vhingo through telephone calls and SMS notifications. It is integral to clarify
that any communication thus received from Vhingo should not be classified as spam, nor does
it entail unsolicited communication that runs afoul of your enrollment in the 'national do
not call registry.'
With your registration under Vhingo, you, by the same token, consent to (i) furnish
Information that falls within the purview of Vhingo's legal obligations, as mandated by Know
Your Customer norms under Applicable Laws, encompassing, among other things, your Permanent
Account Number (PAN); and (ii) adopt a stance of due diligence and stay apprised of the
Applicable Laws that may carry implications affecting your responsibility as a Driver.
It is incumbent upon you to acknowledge and confirm that your Information may traverse
geographical boundaries, possibly being transferred or archived on a server located outside
of India or the nation in which you are situated. This arrangement is set in motion to
facilitate the fulfillment of Vhingo's obligations pursuant to these Driver T&C.
5. DRIVER'S RESPONSIBILITIES
6. Intellectual Property And Usage Restrictions: Content Published On The Portal / Driver App
These terms and conditions reflect the contractual agreements and obligations between Vhingo and the Driver, with the aim of preserving intellectual property rights and maintaining the integrity of the Portal / Driver App.
7. RESERVED RIGHTS OF VHINGO
Vhingo, by virtue of its prerogative, retains certain privileges. It is incumbent upon the Driver to heed these provisions. Notice may be served to the Driver, as deemed necessary, whereby the Information linked to the Driver on the Portal / Driver App may be delisted or expunged.
8. TERMS OF PRIVACY
Your Information, including data of a sensitive financial nature, is the subject of
retention and processing by Vhingo. The compass of this data management adheres to the
statutes set forth in the Information Technology Act of 2000 and the accompanying Rules,
along with the forthcoming Privacy Policy of Vhingo. You will be duly informed of the
specifics of this policy through channels of text messages and/or electronic mail. Suppose
You raise objections to the prescribed utilization of Your Information in accordance with
legal parameters and Vhingo's Privacy Policy. In that case, it is advisable to discontinue
further engagement with and registration on the Portal / Driver App.
In addition to the preceding, Vhingo holds the entitlement to disclose Your particulars to
other entities within its corporate group and may do so in obedience to the mandates of
government bodies, official directives, or requests originating from said bodies. These
disclosures may also transpire if necessitated by legal proceedings through a court process
or other official channels. Your particulars, as mentioned, remain within the purview of
such disclosures, all in conformity with the law.
9. REPRESENTATIONS AND WARRANTIES
In the realm of commitments and affirmations, you, as the subject, declare and affirm the following:
Commitments during the Term:
Section 8: Car Rental Policy for Vehicle Owners
8.1 Introduction to Car Rental Services on the Vhingo Platform
8.1.1. The Vhingo platform hereby facilitates a marketplace model, serving as a digital intermediary for vehicle owners ("Owners") to list their vehicles ("Vehicles") for rent and for renters ("Renters") to browse and book such Vehicles through the Vhingo user application ("User App"). This section delineates the policies, terms, and conditions applicable to Owners regarding the rental of Vehicles.
8.2 Responsibilities and Liabilities of Vehicle Owners
8.2.1. Vehicle Listing and Availability: Owners are obligated to accurately list Vehicles on the Vhingo driver application ("Driver App"), providing comprehensive details including, but not limited to, Vehicle type, model, year of manufacture, rental charges, and any other pertinent rental terms or restrictions.
8.2.2. Pricing and Charges Disclosure: Post-booking, Owners are required to explicitly communicate all applicable charges to Renters, including but not limited to rental rates, late return fees, fuel charges, and any other ancillary costs, via chat or call through the Vhingo platform.
8.2.3. Rental Agreement: Owners are responsible for drafting a clear and comprehensive rental agreement ("Rental Agreement") to be shared with the Renter upon booking confirmation. This Rental Agreement must comply with all applicable laws and regulations and explicitly detail the terms of the rental, including rental period, charges, usage restrictions, and return policy.
8.3 Exclusions of Vhingo Liability
8.3.1. Vhingo's Role: Vhingo acts solely as a facilitator by providing a platform for Owners to list and Renters to book Vehicles. Vhingo does not assume any role in the execution or enforcement of the Rental Agreement between the Owner and the Renter.
8.3.2. Non-Liability for Charges, Theft, or Damage: Vhingo shall not be held responsible for any late charges, vehicle theft, damage to the Vehicle during the rental period, or any disputes arising between the Owner and the Renter regarding the rental terms or conditions.
8.3.3. Assistance and Support: While Vhingo is exempt from liability for disputes arising from rental agreements, it commits to providing reasonable assistance to both Owners and Renters by furnishing location details and any other information that may aid in resolving issues that arise during the rental period.
8.4 Pricing and Fee Structure
8.4.1. Platform Fee: Vhingo will levy a platform fee ("Platform Fee") on each transaction processed through the Vhingo platform. The Platform Fee structure will be communicated to Owners through the Vhingo platform and may be subject to revisions.
8.4.2. No Involvement in Pricing Negotiations: Vhingo explicitly excludes itself from any pricing negotiations between Owners and Renters. The determination of rental charges and other related fees remains the sole responsibility of the Owner, subject to disclosure and agreement with the Renter as per section 8.2.2.
8.5 Amendments to Car Rental Policy
Vhingo reserves the right to amend or update this Car Rental Policy at any time. Such amendments will be effective immediately upon posting on the Vhingo platform or by direct communication with the owners. Owners are encouraged to review the Car Rental Policy periodically to stay informed of any changes.
8.6 Acknowledgment and Acceptance of Terms
By listing a Vehicle on the Vhingo platform, Owners acknowledge and agree to comply with the terms and conditions set forth in this Car Rental Policy and any amendments thereto. Failure to adhere to these terms may result in suspension or termination of the Owner's account on the Vhingo platform.
9. DISCLAIMER
When it comes to clarifications and disavowals, it is crucial to understand that Vhingo
explicitly rejects and will continue to reject any statements and guarantees to the
Customer. These warranties, if they exist at all, cover many categories, including
condition, suitability, quality, merchantability, and fitness for any discernible objectives
related to the Services given by the Driver through the Portal.
Vhingo's disclaimers extend to the realms of technology and service provision. The assurance
of unerring, uninterrupted access to the Portal or Driver App and the seamless delivery of
Services across temporal and geographical bounds within the Portal remain unattainable
assurances. The oft-anticipated imperfections, whether technological or operational, cannot
be entrusted to a swift rectification by Vhingo.
At the same time, Vhingo's Portal and the many technical advances that Vhingo has made to
the Device are provided "AS IS" and "AS AVAILABLE." Through this unique foundation, Vhingo
is making a clear statement that they are not responsible for any damages or guarantees.
Among these are stated, implied, and statutory warranties, but they are not limited to
those.
These disclaimers include, but go beyond, any guarantee of merchantability or fitness for a
particular purpose. They also include claims about correctness, completeness, or any other
contractual promise that comes from the way the contract was performed or dealt with. Also,
there are no guarantees that Vhingo's Portal, the Driver App, or any other technology on the
Driver's Device will work with each other. There may be differences in the final results and
performance of the Portal and Driver App depending on the type of Device being used.
10. PRIVACY AND SECRECY
By agreeing to these Driver Terms and Conditions, you recognize that you will be granted
access to confidential information belonging to Vhingo and its affiliated entities, as given
by Vhingo. You agree to maintain the confidentiality of all data and other privileged
information belonging to Vhingo and refrain from selling or disclosing such information to
any third parties.
Unless otherwise specified, Vhingo will have sole ownership of customer data, and you are
prohibited from using or distributing this data for personal purposes, save for the purpose
of these Driver Terms and Conditions. You must maintain confidentiality of this data at all
times. Confidential information encompasses a range of data, such as customer details,
market information, work products, documents related to work, the contents of the Portal,
Driver App, or any other information that Vhingo treats as confidential. It also includes
any other information, whether communicated verbally or in writing, that you receive or will
receive and agree to treat as confidential, either explicitly or implicitly.
11. INDEMNIFICATION AND LIMITATION OF LIABILITY
Understand that you promise to protect and defend Vhingo, along with its related entities,
successors, agents, appointees, and all of their leaders, executives, staff, partners,
representatives, and messengers, from any financial setbacks, harm, legal claims expenses,
fines, and costs (including, without restrictions, fair fees for lawyers).
This commitment arises from (i) any breach or alleged violation of your duties, performance,
or adherence to your position, duties, functions, obligations, promises, or guarantees under
the Driver T&C; (ii) any violation of Vhingo's rules or other rules offered by Vhingo; (iii)
any damage to Vhingo's reputation and favorable public image; (iv) any allegations of
infringing a third party's intellectual property through the Driver's misuse of Vhingo's
intellectual property in an unauthorized way as per these Driver T&C; (v) the Driver's
misconduct or unauthorized access to data on the Portal or allowing the transfer of such
data to Vhingo's competitors or its related entities or any third party; and (vii)
fraudulent activities, negligence, and wrongdoing by the Driver.
You shall bear responsibility for compensating and safeguarding Vhingo against any financial
harm, losses, expenses, and costs incurred by Vhingo as a result of any grievances from
Customers regarding subpar services. Moreover, in addition to Vhingo's right to
indemnification under the terms of these Driver T&C, Vhingo shall also possess other legal
recourses available according to the applicable laws.
In no circumstance shall Vhingo assume responsibility for any losses arising from or
connected to these Driver T&C as part of any claim brought by the Driver against Vhingo, be
it under contract, tort, or any other basis, provided that such losses could have been
mitigated by the Driver using reasonable efforts. Furthermore, Vhingo shall not be
accountable to the Driver, whether in contract, tort, or any other form, for indirect,
special, incidental, exemplary, punitive, or consequential damages of any nature, even if
informed about the potential for such damages. Despite any contrary provisions contained
elsewhere in the Agreement, Vhingo's total cumulative liability to the Driver or anyone
asserting a right through the Driver shall not exceed INR 500.
Vhingo bears no responsibility or liability for any loss or damage incurred by the Driver
due to the utilization of Vhingo's services, whether directly or indirectly. Such losses may
arise from various circumstances, including but not limited to damage caused by a Customer's
failure to adhere to instructions, malfunctions, or the total or partial failure of network
terminals, data processing systems, computer tele-transmission, or telecommunications
systems. These situations may occur beyond Vhingo's control or that of any associated
parties or organizations.
The Driver is also accountable to Vhingo for any losses resulting from the Driver's
negligence or any unlawful actions or omissions while performing the Service. It is worth
noting that Vhingo shall not be liable for any direct or indirect losses incurred by the
Driver if a Customer fails to appear within a stipulated time, even if Vhingo has agreed to
the timing, or if the Customer has forewarned Vhingo of their potential non-compliance with
the schedule.
12. TERMINATION OF DRIVER REGISTRATION
13. DISPUTE RESOLUTION
In the event of a dispute between You and Vhingo, pertaining to these Driver T&C, such a
dispute shall be referred for arbitration under the Indian Arbitration and Conciliation Act,
1996, with a sole arbitrator designated by Vhingo. The arbitration process will be conducted
in Delhi, with proceedings taking place in the English language. The arbitrator's judgment
will be ultimate and binding upon both parties.
These Driver T&C will be subjected to the laws of India, with exclusive jurisdiction
residing in the courts of Bangalore as per Clause 15.1. Furthermore, Vhingo retains the
right to seek interim injunctions, restraining orders, or other equitable remedies as
necessary to prevent any breach of Your commitments and obligations, as determined by a
competent court. These injunctive measures are cumulative and supplement any other legal or
equitable remedies available to Vhingo.
14. OTHERS
The Driver must strictly follow the STRICT NON-VIOLATION POLICY, which may be changed, and any changes will be communicated to the Driver through SMS or email. Follow these guidelines:
Details of the subsequent commercial terms will be relayed by Vhingo on a periodic basis:
Key Provisions:
We hereby extend our most sincere greetings and invite you to avail yourself of the
opportunity to access and utilize our Mobile Application and/or website.
This document hereby affirms its status as an electronic record, in accordance with the
definition provided by the Information Technology Act, 2000, and its corresponding rules and
provisions. Moreover, it duly recognizes the modifications implemented to the statutes
mentioned above as per the provisions of the Information Technology Act, 2000, particularly
with regard to electronic records. This document has been duly published in accordance with
Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011. The rule
above requires the publication of regulations, rules, privacy policy, and Terms of Use for
the purpose of accessing or utilizing the http://www.vhingo.com/index website and Vhingo
applications designed for mobile and handheld devices.
These terms and conditions of use (from now on referred to as the "Terms of Use") of the
Vhingo website and mobile Application (hereinafter referred to as the "Platform") establish
a legally binding agreement (hereinafter referred to as the "Agreement") between Mahsha Web
Services Pvt Ltd., a company duly registered with its registered offices at [GROUND FLOOR,
183A, KH. NO. 1240, PREM NAGAR-2, NEW DELHI, North West Delhi, Delhi, 110041],and any
individual(s) accessing the Platform. By accessing and utilizing the website and/or mobile
Application, it is hereby acknowledged and consented to that you shall adhere to, as well as
be legally obligated by, the Terms of Use.
Should you find yourself in disagreement with the Terms of Use, we kindly request that you
refrain from accessing and utilizing this Website / Application (as subsequently defined) or
our Service by any other means available.
The present Terms of Use are subject to potential modifications at our sole discretion and
at any given time. The User is hereby obligated to periodically examine and assess these
Terms and Conditions.
In the event that you continue utilizing the Service subsequent to receiving notice of a
modification, whether through direct communication or publication on our
Website/Application, you thereby grant your explicit consent to abide by the altered
procedures in accordance with the existing terms herein. Therefore, we kindly urge you to
thoroughly examine and assess these Terms of Use on every occasion you engage in the access
and utilization of the Website/Application. The Website/Application provides Users with
certain content and features at no cost. Notwithstanding any provisions to the contrary,
Vhingo hereby asserts its prerogative to discontinue access to specific sections or
functionalities of the Website/Application at its sole discretion, without limitation as to
the grounds or the necessity of prior notification.
The Vhingo Application and the Website provide users with the ability to submit requests for
various services, including but not limited to booking cars, auto vehicles, mini-busses, and
logistics vehicles for the transportation of goods and parcels.
The GPS receiver, to be affixed onto the mobile device (smartphone) where the Application or
the Website has been duly downloaded, shall duly ascertain your whereabouts and transmit
said location data to the appropriate Service Providers. Vhingo reserves the right to
exercise its sole and absolute discretion in determining whether to accept or decline any
request for the provision of the Service. Vhingo retains full authority to determine whether
or not to utilize the Application / Website for the purpose of receiving leads generated
through the Application / Website. Upon acceptance of a request by Service Providers, the
Application / Website shall duly notify you and furnish pertinent details pertaining to the
Service Providers, encompassing their names, vehicle types, and contact information, either
through telephonic means or via a written message. The Application / Website provides users
with the ability to monitor the Service Providers' real-time progress toward the designated
pickup location.
Service Providers will make reasonable efforts to connect you with a Service Provider to
access the Services, provided that there are Service Providers available in or near your
location at the time of your service request.
Vhingo expressly disclaims any responsibility for the provision of transportation services.
The responsibility of providing transportation lies with the User. Vhingo serves as an
intermediary between the Service Providers and yourself. The Services provided by the
Service Providers to you are subject to the Agreement that will be entered into between the
Service Provider and you. Vhingo shall not, under any circumstances, be a party to said
Agreement. Vhingo hereby absolves itself from any and all responsibility regarding the
Service Providers, including any allegations of employment or any indirect liability arising
from the Service or any other matter.
The term "User" refers to any individual or business entity/organization that operates within
the legal framework of India or other countries. These Users have the lawful authority to
utilize and possess the rights to use the Services offered by Vhingo. Our Services are
exclusively accessible to individuals or entities capable of entering into legally
enforceable agreements in accordance with the relevant legislation. Accordingly, it is
imperative that any individual utilizing our Services must not fall under the category of a
minor as defined by Indian Law. In other words, all User(s) must meet the minimum age
requirement of 18 years in order to be deemed eligible to access and utilize our Services.
Users are hereby informed by Vhingo that it is imperative to comply with the relevant laws
when accessing the Website/Application. Vhingo reserves the right to deny the provision of
the Service to any individual at any given moment, at its own discretion.
This Agreement governs the use of all Services provided on the Website/Application, along
with any other relevant terms and conditions that may apply.
In order to utilize the Services, you must complete the registration process and furnish your full name, contact number, email address, and any other requisite information. For a comprehensive understanding of the utilization of your personal information, we kindly request you to refer to our Privacy Policy and familiarize yourself with our established practices.
As a precondition to your use of the Services, you represent and warrant that the information you provide to Vhingo is accurate and complete.
Please be advised that individuals who possess a non-Indian Driving License must have an International Driving Permit (IDP) in their possession at the time of car delivery. Please refer to the table below:
6.1.1. Introduction and Reservation Process:
The Vhingo platform serves as a conduit, enabling vehicle owners ("Owners") to list their vehicles ("Vehicles") for rent and renters ("Renters") to conveniently browse and book these Vehicles through the Vhingo user application ("User App"). By accepting this Agreement, along with the specific pricing schedule and terms provided by Owners, Renters are empowered to make reservations under the conditions set forth by Vhingo. Such reservations must clearly specify rental conditions, including but not limited to the Vehicle model or class, start date and time, pickup location, rental duration, return location, the identity of any assigned driver, any requests for additional accessories like child seats, and all pertinent rental terms ("Rental Conditions").
6.1.2. Obligations upon Reservation:
Following a successful reservation, Vhingo will present an offer to rent the selected Vehicle, subject to the availability and terms specified by the Service Providers. Vhingo may request a reservation fee, payable by the Renter, in compliance with Vhingo's stipulations.
6.1.2 Car Rental Terms and Conditions:
6.1.2 Car Rental Terms and Conditions:
Age Requirement: Minimum of 18 years.
Mandatory Documentation:
6.1.2.2 General Terms and Conditions:
6.1.2.3. Refund Policy
The Refund Policy will be clearly defined by each vehicle owner within their rental Agreement, specifying conditions under which refunds are applicable, including but not limited to cancellations by the Renter, vehicle unavailability, or discrepancies in the listed vehicle condition. Vhingo will facilitate the refund process as per the Agreement but does not dictate the terms of refunds.
6.1.2.4. Responsibilities of Renters
Renters are responsible for adhering to all terms outlined in the Rental Agreement, including:
6.1.2.5. Responsibilities of Owners
Owners must ensure that their vehicles are in good, roadworthy condition, compliant with all relevant laws and regulations, and adequately insured. Owners are also responsible for providing a clear and comprehensive Rental Agreement that defines all rental terms, including pricing, rental period, use restrictions, and return conditions.
6.1.2.6. Dispute Resolution
In the event of a dispute between a renter and an owner, Vhingo will offer support in facilitating communication and resolution based on the information and documentation provided by both parties. However, Vhingo is not a party to the Rental Agreement. It thus is not responsible for resolving such disputes beyond providing platform support.
6.1.2.7. Modifications to the Vehicle
Renters are not permitted to make any modifications, alterations, or additions to the Vehicle without the explicit written consent of the owner.
6.1.2.8. Insurance
Renters and owners are advised to ensure that suitable insurance coverage covers all aspects of the rental period. Vhingo does not provide insurance for vehicles rented through its platform and is not liable for any claims, damages, or disputes arising from a lack of or inadequacy in insurance coverage.
6.1.2.9. Platform Usage Fee
Vhingo charges a platform usage fee for each successful transaction made through the Vhingo platform. This fee is separate from and in addition to any rental charges agreed upon between the Renter and the owner. The specific details of the platform usage fee will be communicated to both parties when booking.
6.1.2.10. Termination of Services
Vhingo reserves the right to terminate the services offered to any renter or owner found to violate these terms and conditions, engage in illegal activities, or cause harm to the Vhingo platform or its users. Termination will be executed at Vhingo's discretion and may be without prior notice, depending on the severity of the violation.
6.1.2.11. Changes to the Car Rental Policy
Vhingo may update or modify this Car Rental Policy to reflect changes in legal requirements, platform features, or service offerings. Renters and owners will be notified of significant changes via the Vhingo platform or email. Continued platform use after such changes indicates acceptance of the new terms.
6.1.2.12. Contact and Support
For any questions, concerns, or support needs related to the Car Rental Policy or any aspect of the Vhingo platform, users are encouraged to contact Vhingo's customer support team through the provided contact channels on the platform. Vhingo is committed to providing timely and helpful assistance to ensure a positive rental experience for all platform users.
Final Acknowledgment
By engaging in car rental transactions through the Vhingo platform, both renters and owners acknowledge having read, understood, and agreed to all terms and conditions specified in this Car Rental Policy, including any future amendments. Compliance with these terms is essential for maintaining the integrity and functionality of the Vhingo car rental service.
Logistics Vehicles for Goods & Parcels Policies | Meaning and Definition |
---|---|
Distance Calculation | The distance traveled by the Vehicle between the pickup and drop destinations along the chosen route. |
Fare Calculation |
|
Goods Loading and Unloading |
|
Cancellation |
Please refer to Refund and cancellation here: Click Here |
Insurance |
|
Prohibited Items |
|
Hire a Driver Policy | Definition and Meaning |
---|---|
Representation & Warranty |
|
Account Registration |
|
Service Usage |
|
Payment |
|
Payments are made directly to the Driver using the payment methods accepted by Vhingo. You agree to pay all applicable fees and taxes. |
|
User Conduct |
|
Privacy |
|
Termination |
|
Disclaimers and Limitations of Liability |
|
Changes to Terms and Conditions |
|
The information, guidance, and/or services proffered to you via the Website/Application are
primarily purveyed for the overarching objective of bestowing general insights. They should
not be misconstrued as legal counsel. Vhingo diligently endeavors to ascertain the precision
and currency of the Website/Application and its contents. However, Vhingo extends no
warranty regarding the flawless absence of errors, imperfections, malware, or viruses within
the Website/Application. It does not assert that the Website/Application is absolutely
infallible, entirely contemporaneous, or unerring.
Vhingo disclaims all responsibility for any ensuing harm attributed to the utilization or
the inability to utilize the Website/Application, including damages stemming from malware,
viruses, or any inaccuracies or omissions inherent in the information presented on the
Website/Application.
Furthermore, Vhingo shall not be held accountable for any resulting damages due to the
employment or the inability to employ electronic channels of correspondence with the
Website/Application. This encompasses but is not confined to, harm precipitated by mishaps
or delays in the transmission of electronic communications, the interception or alteration
of electronic communications by external entities or software programs designed for
electronic communications, as well as the proliferation of viruses.
Notwithstanding any contradictory clauses and subject to the constraints delineated by
applicable law, Vhingo's cumulative liability shall at no point exceed the total
remuneration for the Services rendered.
The Service Provider assumes full responsibility for the quality of the Services requested
via the Application, as they are the ones who ultimately provide the transportation services
to you. Vhingo shall not be held liable for any damages, losses, or claims arising from the
Services rendered by the Service Provider or any actions, behaviors, conduct, or negligence
on the part of the Driver.
We hereby disclaim any responsibility for any inability or delay in carrying out the
Services due to circumstances beyond our control, including but not limited to unforeseen
events, uncontrollable forces of nature, and compliance with legal or governmental
requirements. Such circumstances shall be deemed as Force Majeure and absolve us from any
liability.
We have implemented a comprehensive array of measures to curtail the risk of online
fraudulent activities, ensuring the utmost security and confidentiality of the data
entrusted to us. However, it is imperative to acknowledge that in the rarest of instances
where there is an intrusion into our fortified computer servers or those belonging to third
parties, we cannot be held culpable except as mandated by the pertinent legislation.
It is imperative to underline that the accuracy and reliability of any information or
advertisements (referred to as "Content") hosted on the Vhingo Website/Application are not
vouched for or endorsed. Vhingo refrains from guaranteeing the quality of products,
information, or materials showcased or acquired through advertisements or other promotions
associated with the Service.
The content and materials available on our website, including but not limited to text,
graphics, logos, images, software, and any other materials related to the Services, are the
property of Vhingo or its licensors. All such materials are protected by copyright,
trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, and non-transferable license to access and use
these materials for personal and non-commercial purposes. This license does not grant you
any ownership or rights to the content and materials. Any unauthorized use, reproduction, or
distribution of our intellectual property is strictly prohibited and may result in legal
action.
Vhingo maintains the right to gather user data, including personal information such as the
User's name and contact details, to facilitate the provision of services or the utilization
of its Platform for service requests. It is essential to emphasize that all user information
collected is done so in a legitimate and trustworthy manner. Any misuse or fraudulent
representation of identity or contact information will result in the immediate termination
of services or the User's access to the Platform, with no prior notice provided to the
individuals involved.
User accounts associated with specific contact numbers and email addresses are both created
and owned by Vhingo. It is important to note that any promotional discounts and offers
accrued by users can be rescinded without prior notification if there is any suspicion of
irregular account activity or malicious intent on the part of the User.
In situations where the system encounters difficulties in verifying the unique identity of a
user based on a valid mobile number or email address, the associated account will be placed
under indefinite suspension. Vhingo, as the service provider, retains the full discretion to
suspend a user's account under such circumstances and is not under any obligation to share
any account-related information.
9.1 Introduction to Car Rental Services for Renters
9.1.1. The Vhingo platform offers a comprehensive digital marketplace that allows renters ("Renters") to browse, select, and book vehicles ("Vehicles") listed by vehicle owners ("Owners") for rent through the Vhingo user application ("User App"). This section outlines the policies, terms, and conditions applicable to Renters with regard to renting Vehicles.
9.2 Renters' Responsibilities and Liabilities
9.2.1. Booking and Rental Agreement: Renters are obliged to review all Vehicle details, rental charges, and terms as provided by the Owner on the Vhingo platform before booking a Vehicle. Upon booking, Renters agree to abide by the terms of the rental agreement ("Rental Agreement") provided by the Owner, which includes but is not limited to the rental period, charges, and Vehicle usage restrictions.
9.2.2. Charges and Payments: Renters must pay all rental charges, including but not limited to rental fees, late return fees, fuel charges, and any other ancillary costs, as communicated by the Owner post-booking, in accordance with the Rental Agreement.
9.2.3. Vehicle Care and Return: Renters are responsible for maintaining the Vehicle in good condition throughout the rental period and must return the Vehicle to the designated location by the agreed-upon time, in accordance with the Rental Agreement.
9.3 Exclusions of Vhingo Liability
9.3.1. Non-Liability for Disputes: Vhingo acts only as a facilitator by providing a platform for Owners to list and Renters to book Vehicles. Vhingo shall not be held responsible for any disputes arising between the Owner and the Renter regarding the Rental Agreement, including but not limited to disputes over rental terms, charges, Vehicle condition, or return.
9.3.2. Assistance and Support: Although Vhingo is not liable for resolving disputes, it will offer reasonable assistance to both Renters and Owners by providing necessary information, including location details, to help address issues that arise during the rental period.
9.4 Cancellations and Refunds
9.4.1. Cancellation Policy: Renters must adhere to the cancellation policy as stipulated by the Owner in the Rental Agreement. Cancellations must be communicated through the Vhingo platform within the timeframe specified in the Rental Agreement to qualify for a refund, if applicable.
9.4.2. Refunds: The eligibility for and the amount of any refunds due to cancellations or disputes shall be determined according to the terms of the Rental Agreement. Vhingo will facilitate the refund process as per the agreement between the Owner and the Renter but does not determine refund eligibility or amounts.
9.5. Amendments to Car Rental Policy
Vhingo reserves the right to modify or update this Car Rental Policy anytime. Such changes will become effective immediately upon posting on the Vhingo platform or through direct communication with Renters. Renters are encouraged to review this Car Rental Policy periodically to stay informed of any updates.
9.6 Acknowledgment and Acceptance of Terms
By booking a Vehicle through the Vhingo platform, Renters acknowledge and agree to comply with the terms and conditions outlined in this Car Rental Policy and any amendments to that. Non-compliance with these terms may result in cancellation of the booking or additional charges as specified in the Rental Agreement.
The Application/Website provides links to third-party sites for the convenience of users.
Vhingo has no control over the content and resources supplied by these sites.
Vhingo enables Users to access material, products, or services provided by other parties via
hyperlinks (such as word links, banners, channels, or other means) to the websites of these
third parties. It is advisable to carefully review the terms and conditions as well as the
privacy policies of these websites prior to accessing them in order to fully understand the
terms and conditions governing your use of these websites. The Users recognize that Vhingo
lacks authority over third-party websites and does not oversee these websites.Vhingo will
not assume responsibility or liability for any third-party website, including its content,
products, or services.
Vhingo reserves the authority to refuse access to particular users for any or all of its
services, with or without advance notification or reason. This step is implemented with the
primary goal of protecting the interests of Vhingo and the broader community of users that
interact with the Website or Application. Moreover, Vhingo has the authority to limit,
reject, or create different levels of access to the Website or Application and its features
for different user profiles.
We have the absolute right to terminate your account or access to the Website or Application
at our discretion, at any time, with or without prior notice. We reserve the right to take
action without any legal responsibility in the following situations: (i) if you violate the
terms outlined in the "Terms of Use"; (ii) if you provide us with misleading or false
information; (iii) if law enforcement agencies or government entities request it; (iv) if
unexpected technical or security problems arise; (v) if we make significant changes or stop
providing the Services or any of its parts; and/or (vi) if your use of our Website or
Application disrupts others' ability to use it.
Upon termination, your account will become inactive, thereby withdrawing your access to the
account and any related information or material. Any unlawful effort to create additional
accounts with the intention of accessing and using the Website or Application without
explicit written approval from Vhingo is strictly forbidden.
This Agreement remains legally binding and capable of being enforced for the entire duration
of your account with us. After your account is terminated, it is important to emphasize that
certain restrictions stated in the "Terms of Use" will continue to be in effect and
enforceable. These provisions include but are not restricted to, topics concerning
Intellectual Property Rights, Prohibited Uses, and Indemnification. It is crucial to
recognize and consent that we will not be responsible to you or any third party for the
execution of any of these actions under any circumstances.
Irrespective of the termination of this Agreement, you are obligated to comply with the
terms specified in this Agreement about your previous use of this Website or Application and
any related matters.
The Agreement applies to all Users of Vhingo Services. By using the Services provided by Vhingo, you consent to abide by the subsequent terms and conditions.
Service | Payment |
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Logistic Vehicles for Goods & Parcels |
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Cars, Autos, and Mini-buses |
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Car Rentals |
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Hire a Driver |
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Vhingo's cancellation and refund policy is outlined on our website. Users are encouraged to review this policy to understand the terms and conditions governing cancellations and refunds.
The User is obligated to protect, compensate, and absolve Vhingo and its affiliates from any
liability in the event of any infringement or violation of the Terms of Use or any relevant
legislation or regulation, regardless of whether it is included in this Agreement. This
encompasses any behaviors or activities that violate the stated terms and conditions that
govern the utilization of Vhingo's services or any legal responsibilities.
The User agrees to defend, indemnify, and hold Vhingo and its affiliates harmless from any
claims, costs, damages, losses, liabilities, and expenses arising from the use or misuse of
the Application/Website or Service. This includes any actions or activities on the Vhingo
platform that result in legal claims or disputes.
This Indemnity Policy serves to emphasize the User's responsibility for their actions and
conduct while using Vhingo's services. Users are expected to comply with the Terms of Use
applicable laws and respect the rights of third parties. Failure to do so may result in
legal claims or disputes, for which the User assumes responsibility.
By using Vhingo's services, the User acknowledges their acceptance of this Indemnity Policy
and their commitment to defending, indemnifying, and holding Vhingo and its affiliates
harmless in accordance with the outlined terms.
The courts in Delhi, India, will have the exclusive authority to handle any issues that may arise from using Vhingo's Services or any agreements between Vhingo and the User, as stated in the Terms of Use.