Terms & Conditions

For Driver

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.

1. Subscription Agreement

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.

2. Parties to the Agreement

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.'

3. Background and Purpose

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.

4. Agreement Terms

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:

  1. Any breach or alleged breach by the Driver Service Provider of their obligations, responsibilities, representations, or warranties under the Subscription Agreement and/or Driver Service Provider T&C.
  2. Violation of any service level commitments as provided in Exhibit B.
  3. Infringement or unauthorized use of Vhingo's intellectual property rights, including but not limited to infringement of intellectual property rights related to the Service Provider App or Portal.
  4. Any breach of the confidentiality obligations imposed on the Driver Service Provider under this Agreement or Driver Service Provider T&C.
  5. Violation of applicable laws and the terms of licenses and permits issued by transport authorities.
  6. Breach of Vhingo policies by the Driver Service Provider.
  7. Any harm to Vhingo's reputation and goodwill is directly attributable to the Driver Service Provider.
  8. Damage, unauthorized use, or loss of the Service Provider App on the Mobile device.
  9. Death, fraud, theft, misconduct, negligence, or deficiency in the provision of Driver Services by the Driver Service Provider.
  10. Any negligent act or omission during the provision of Driver Services.
  11. Misrepresentations made during Driver Services.
  12. Personal injury or property damage to Portal users, including but not limited to motor accident claims asserted against Vhingo.
  13. Civil or criminal offenses under the law or in the opinion of Vhingo.
  14. Failure of the Driver Service Provider to make tax payments in accordance with applicable laws.

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

  1. 1. In compliance with this Agreement, any notifications, requests, or other forms of communication, whether required or permissible, must be in written form and can be transmitted through any of the following means to the receiving Party at the specified addresses within this Agreement:
    1. i. Through electronic mail. For the purpose of this sub-clause, the Parties' electronic mail addresses are as follows, unless communicated otherwise by the Parties to each other:
      Vhingo: info@vhingo.com
      Driver Service Provider: As provided upon attachment.
    2. ii. Via SMS to the mobile number at: Vhingo: Not Applicable Driver Service Provider: As provided upon attachment.
    3. iii. Hand-delivered with a written acknowledgment of receipt by the receiving Party.
    4. iv. Sent by registered mail.
  2. 2. If the notice is delivered through the methods specified in clauses XII(1)(iii) and (iv) by either Party, it will be considered as delivered on the third day of the notice date.

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.

Exhibit A: Particulars The Provider of Independent Driver Services

Personal Information:

  1. a) Full Name:
  2. b) Permanent Domicile:
  3. c) Current Residence:
  4. d) Telephone Number:
  5. e) Email Address:
  6. f) Bank Details: Bank Name, Account Holder Name, Account Details and IFSC
  7. g) Beneficiary Details (Nominee):
  8. h) Emergency Contact Details (Family Members):
  9. i) Any Additional Records or Pertinent Details as Mandated by Vhingo

Required Documents:

  1. a) A passport-size photograph in the dimension of 2-inch x 2-inch (51 mm x 51 mm).
  2. b) A valid driver's license.
  3. c) An authenticated copy of the PAN Card bearing the name of the Driver
  4. d) Proof of residence validation, including a utility statement, ration card, or passport, is required from both the Driver and the Drivers working for the Service Provider on the Vhingo.
  5. e) Any supplementary documentation as dictated by the exacting prerequisites of Vhingo.
Exhibit B: Terms and Conditions of the Driver Service Provider and Independent Driver

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

  1. 1. Upon the reception of a Service Request, the allocation of the booking shall fall within the domain of the Driver. The notification shall transpire on the Device or through such other modalities as may find Agreement between the Driver and Vhingo at intervals hence.
  2. 2. The Driver, as part of their obligations, shall diligently fulfill each and every booking associated with the Services. In the event of any modifications, variations, or deviations that bear the potential to influence the seamless delivery of the Service, immediate communication through short message service or telephonic calls to Vhingo is mandated.
  3. 3. When the need for any form of support arises in connection with the Portal, Application, Service Requests, the Service, or any other facet contained therein, the Driver is encouraged to liaise with the Vhingo call center.
  4. 4. Upon the Driver's receipt of a Service Request on the Driver App, Vhingo may proceed to furnish the Customer with a photograph of the Driver, the mobile phone number of the Driver, and any other pertinent information. Such details, as necessitated by Applicable Laws or considered relevant by Vhingo, shall provide the Customer with the requisite identification parameters.
  5. 5. Once the booking secures its allocation, Vhingo will provide essential Customer data to the Driver. This Information is indispensable for the Driver to execute the Service to the satisfaction of the Customer. It is worth noting that this Information retains its status as confidential, as delineated in Clause 13 below.
  6. 6. Notably, in cases where the Driver identifies as female, the acceptance of Service Requests shall remain off-limits from 20:00 hours in the evening until 08:00 hours in the morning.

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

  1. 1. The Driver must ensure that they possess proficiency in the language employed by the Driver App / Portal. They should select the language that aligns with their highest level of comprehension from those supported by the Driver App / Portal.
  2. 2. The Service dispensed via the Portal by the Driver is expected to meet the highest industry standards and comply with Vhingo's spoken and written requisites. The Driver bears responsibility for any loss sustained by Vhingo and/or the Customer resulting from the Driver's negligence during service provision.
  3. 3. The Driver is required to maintain awareness and remain apprised of factors such as bandhs, strikes, curfews, traffic disruptions, meteorological conditions, and similar circumstances that may impede the Service. The Driver is obliged to expeditiously report such exigencies to Vhingo and promptly disclose any of the catastrophes above they may encounter.
  4. 4. Delivery of the Service to the Customers by the Driver necessitates courtesy, efficiency, and punctuality.
  5. 5. The Driver is entrusted with the responsibility of preserving and renewing all licenses and documentation essential for furnishing services to Portal users.
  6. 6. While rendering Services, the Driver is prohibited from partaking in or facilitating any unlawful or illicit activities.
  7. 7. The Driver, or any Independent Driver Service Provider, is strictly prohibited from permitting unauthorized individuals to operate the Customer Vehicle. Vhingo retains the authority to take discretionary actions in the event of any violation by the Driver or the Independent Driver Service Provider, which may encompass, but not be restricted to, termination and/or the initiation of legal proceedings.
  8. 8. The Driver, as well as any Independent Driver Service Provider, must prioritize the safety and security of the Customers, themselves, and the Vehicle at all times. Any deviation from the prescribed provision of the Service, as stipulated in these Driver T&Cs, including, though not confined to, accidents and damage to life or property, should be promptly reported to Vhingo.
  9. 9. The Driver acknowledges that a breach of the Subscription Agreement or these Driver T&C carries the potential to inflict significant and irreparable harm upon Vhingo. Consequently, in the event of such a breach, in addition to any other available remedies, Vhingo retains the right to seek specific performance and injunctive relief.
  10. 10. The Driver is responsible for ensuring that the Device is exclusively employed for the purpose of delivering Service in accordance with the provisions set forth in these Driver T&C. It is imperative that the Device remains readily available and operational during the performance of services on the Portal and is not subject to prolonged periods of inactivity or disuse.
  11. 11. Upon the assignment of a Booking following a Service Request, the Driver must ensure their arrival prior to the scheduled pickup time.
  12. 12. The Driver is responsible for confirming that the Customer settles both the Total Ride Fee and any applicable surcharge, fee, or levy dictated by Applicable Law. In instances where the Customer opts for cash payment, the Driver Service Provider is tasked with collecting the Total Ride Fee and remitting the Convenience Fee, as well as any Cancellation Fee (if pertinent), to Vhingo, following the exclusive procedure established by Vhingo.
  13. 13. The Driver must possess an operational mobile phone number and the capability to comprehend text messages dispatched by Vhingo. This is vital for access to Customer information and the transmission of Customer feedback.
  14. 14. In the unfortunate event that the Driver engages in theft or tampering with the Customer's possessions, they shall bear sole responsibility for any resulting Customer claims. Vhingo retains the discretionary right to annul the Driver's registration and deactivate their Portal access. Notably, Vhingo shall not be held liable for any loss of or damage to the Customer's property.
  15. 15. The Driver acknowledges and accepts that Vhingo exclusively assumes the responsibility for resolving any payment-related disputes between the Customer and the Driver. In case of any conflicts, the Driver is obligated to solicit guidance from Vhingo. The Driver consents to the final and binding nature of Vhingo's determinations in the scenarios mentioned above.
  16. 16. The Driver must ensure their availability for mandatory training sessions organized by Vhingo, as dictated by Applicable Law, or as deemed necessary by Vhingo at any given time.
  17. 17. Throughout the journey, the Customer Vehicle falls under the sole purview of the Driver. Any loss or damage to the Vehicle arising from third-party actions, regardless of the cause, is the Driver's responsibility and accountability.
  18. 18. The Driver shall conduct themselves with prudence, adhering to traffic regulations and all prevailing Applicable Laws. This includes the obligation to wear a seat belt and abstain from the consumption of alcohol, cigarettes, bidis, or any other form of intoxicants while fulfilling their Service obligations. Possession of a valid driving license is a fundamental requirement. Personal calls are strictly prohibited, except in cases of emergencies, provided such communication does not compromise the Vehicle's safety or infringe upon traffic regulations. The Driver shall take all calls from the Customer and Vhingo only after safely parking the Vehicle at an appropriate location, ensuring minimal disruption to surrounding traffic and strict adherence to traffic rules.
  19. 19. The cancellation of allocated Bookings is strictly forbidden, except in extraordinary situations supported by a justifiable rationale furnished by the Driver. Prompt notification to Vhingo is mandatory in cases of booking cancellation or refusal. Moreover, the Driver consents to the possibility of reduced Driver Proceeds due to such cancellations or refusals, whether partially or in their entirety.
  20. 20. The Driver bears absolute responsibility for various critical facets including but not limited to:
    1. a) Failure to fulfill a Service Request that the Driver has accepted.
    2. b) Failure to adhere to scheduled Customer pickup times and locations.
    3. c) Acts or omissions by the Driver encompassing reckless and negligent driving, as well as any form of verbal, physical, or harassing behavior.
    4. d) Violations or non-compliance with Applicable Laws.
    5. e) Inflicting damage or disruption upon Vhingo's property or any misconduct towards Vhingo representatives. Misconduct is expansively defined and covers the use of offensive language, physical harm, and indecent gestures.
    6. f) Posing physical and/or mortal peril to Customers while using the Service or in connection with it.
    7. g) Delays extending beyond 10 (ten) minutes for Customer(s).
    8. h) Overcharging Customers exceeding the Total Fee indicated on the meter.
  21. 21. The Driver shall not, either directly or indirectly, engage in activities that tarnish Vhingo's reputation or cause any form of inconvenience to Vhingo. Nor shall the Driver become a source of negative publicity for Vhingo.
  22. 22. The Driver hereby assents that any Customer complaints related to the Driver's conduct shall be considered a breach of the Driver's obligations outlined herein. In such instances, Vhingo shall bear no responsibility. In the event of a significant complaint concerning the Driver, Vhingo reserves the unilateral right to promptly terminate the Driver's Account, providing written notice to the Driver to this effect.
  23. 23. The Driver shall maintain comprehensive records pertaining to the Services rendered and payments garnered. Upon reasonable notice, Vhingo may conduct an audit or, alternatively, may designate a competent, impartial auditor to scrutinize the Driver's financial documentation, ensuring the accuracy of payments received by the Driver. In the event such an audit exposes any discrepancies concerning payments collected and remitted to Vhingo, Vhingo reserves the prerogative, alongside other potential remedies, to demand that the Driver expeditiously remits to Vhingo an amount commensurate with the identified discrepancy. Vhingo may also seek additional fines from the Driver in such cases. It is imperative to note that the audits shall be borne by Vhingo; notwithstanding, if the audit uncovers an underpayment by the Driver in excess of 5% (five percent) concerning the collection and submission of payments to Vhingo, the Driver shall, in addition to meeting the payment obligations detailed above, promptly reimburse Vhingo for all reasonable third-party audit fees.
  24. 24. The Driver shall wearVhingo's uniform during the provision of driver services through the Vhingo portal.

6. Intellectual Property And Usage Restrictions: Content Published On The Portal / Driver App

  1. 1. The entirety of Content, encompassing text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, herein referred to as "Content," which includes, without limitation, the design, structure, selection, coordination, expression, "look and feel," and arrangement of said Content, residing within the confines of the Portal / Driver App, is the rightful property, under the umbrella of ownership, control, or licensing, of Vhingo. This intellectual property is fortified by the protective bastion of Applicable Law.
  2. 2. The Driver, except when explicitly sanctioned by these Driver T&C, is strictly prohibited from:
    1. A. Engaging in acts such as copying, reproducing, modifying, damaging, disassembling, decompiling, reverse engineering, or creating derivative works, which may include but are not limited to translations, transformations, adaptations, or any other recast or altered versions derived from the Portal / Driver App or any of its components.
    2. B. Tampering with or attempting to disable any security measures integrated into the Portal / Driver App or developing or employing workarounds for such measures.
    3. C. Transmitting spam or unsolicited messages that breach applicable laws or storing material that infringes upon, is obscene, threatening, libelous, or in any way unlawful or tortuous, including Content harmful to children or violative of the privacy rights of third parties.
    4. D. Disseminating or storing materials containing software viruses, worms, trojan horses, or any other malicious computer code, files, scripts, agents, or programs.
    5. E. Employing the Portal / Driver App in a manner that infringes upon or misappropriates the intellectual property rights or personal rights of a third party.
    6. F. Using any device, software, or routine with the intent to disrupt or attempt to disrupt the proper functioning of the Portal / Driver App or any activities conducted on Vhingo's servers.
    7. G. Copying, selling, sub-licensing, or assigning the Portal / Driver App and the rights delineated in these Driver T&Cs, unless prior written consent is obtained from Vhingo.
    8. H. Merging or amalgamating the Portal / Driver App with any other technology not supplied by Vhingo.

    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.

  3. 3. Within the confines of the Portal / Driver App, certain Information has been intentionally rendered accessible by Vhingo for the purpose of downloading. To utilize this Information, You are required to adhere to the following stipulations:
    1. A. The language of any proprietary notice included in these documents must remain intact in all copies of said documents.
    2. B. Usage of this Information is permissible exclusively for Your personal, non-commercial informational purposes. Under no circumstances should You copy or disseminate this Information on any networked computer or broadcast it through any media.
    3. C. No alterations or modifications should be made to the provided Information.
    4. D. You must refrain from making any additional representations or warranties concerning these documents.
  4. 4. The exclusive mantle of responsibility shall cloak You in regard to any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, or other materials disseminated to the Portal / Driver App, from now on referred to as "Posted Content." However, this mantle is not wielded over Content constrained or forbidden by Applicable Laws or Content that breaches a third party's proprietary rights. Subject to these parameters, Posted Content shall metamorphose into the rightful property of Vhingo, complete with worldwide, perpetual, and transferable rights granted by You. The expanse of these rights is extensive and limitless, encompassing but not limited to promotional and advertising applications across any medium, present or yet to be discovered. This even extends to the creation of derivative works that may incorporate Posted Content.
  5. 5. By authorizing Vhingo to utilize Posted Content, You forego any claim to financial remuneration or other forms of compensation for its deployment by Vhingo. Vhingo pledges its use of this Information in strict compliance with the Driver T&C, encompassing all Vhingo Policies. You hereunder affirm, with unwavering conviction, that You possess the essential rights to all Posted Content and the Information that flows from You, holding the requisite authorization to contribute such Posted Content and Information to the Portal. It should be noted that irrespective of the Content within this section, any liabilities stemming from the Posted Content on the Portal shall be Your exclusive burden to bear.

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:

  1. Your Eligibility: You assert your eligibility for enrolling on the Portal / Driver App and the creation of an Account, as delineated within these Driver Terms and Conditions.
  2. Authority and Compliance: You profess the possession of the necessary power and authority to deliver and execute the responsibilities prescribed herein.
  3. Legal Harmony: It is warranted that your compliance with the obligations neither constitutes a breach nor an infringement of any provision within existing contracts, legal statutes, regulations, judicial proclamations, or directives to which you are a signatory.
  4. Ownership and Compliance: It is asserted that you hold rightful ownership of the Vehicle or have been vested with the requisite authority. Hence, you must adhere to customer directives regarding Vehicle usage during service delivery.
  5. Statutory Accordance: You confirm possession of all rights, licenses, and permits as mandated by Applicable Laws, ensuring alignment with the terms outlined in the Driver Agreement and these Driver Terms and Conditions. Any violations of laws, rules, or regulations in the execution of obligations within these Driver Terms and Conditions fall within your sphere of responsibility and liability.
  6. Moral Uprightness: Your record remains unblemished by any convictions in courts of India or other nations for offenses encompassing moral turpitude. Furthermore, you do not engage in any ongoing litigations that might have a material impact on your obligations as stipulated in these Driver Terms and Conditions.

Commitments during the Term:

  1. Adherence: You undertake to consistently adhere to these Driver Terms and Conditions, the Zero Tolerance Policy, and the Vhingo Policies. These norms may be subject to application in your context as they evolve over time.
  2. Legal Observance: You vow to execute your services in full observance of all Applicable Laws.
  3. Intellectual Property: You pledge to uphold the sanctity of intellectual property rights, whether they be owned by Vhingo or any third party. You assume full accountability for any breaches or violations related to these rights.
  4. Ethical Dealings: You assume complete responsibility for abiding by Vhingo Policies. You must adopt appropriate mechanisms to prevent any proffering of illicit inducements, in the form of bribes or gifts, whether monetary or otherwise, during any interactions with Vhingo, customers, or other affiliated parties.

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

  1. 1. The parties to these Driver T&Cs have the authority to terminate them by providing the other Party with a written notice that is delivered seven business days in advance. This type of termination may occur without the need to provide a detailed justification for the ultimate decision.
  2. 2. The entities involved in these Driver Terms and Conditions have the power to terminate them in the event that a party other than the Party proposing the termination violates any substantial obligations, guarantees, or other stipulations specified in these Driver Terms and Conditions. This course of action may be taken within five days of the Party in violation being notified of the breach. In the event that the transgression is not remedied within five days, termination will result.
  3. 3. Upon the occurrence of the termination described in Clauses 12.1 and 12.2 of these Driver T&C, the Driver's registration on the Portal shall be deemed invalid. Additionally, the Driver will have their account terminated, which will result in their ineligibility to utilize the Portal in the future.
  4. 4. In the event of the expiration or premature termination of these Driver T&C:
    1. i. The Driver shall be obligated to remit all outstanding dues and obligations to Vhingo.
    2. ii. Vhingo may, at its own discretion, refund the Subscription Amount after making necessary deductions for the outstanding sums, penalties, and Suspect Charges that the Driver owes to Vhingo under these Driver T&C.
    3. iii. Following the discontinuation of your registration, Vhingo will reconcile the Driver Proceeds due to you for the services provided to customers via the Portal and for other undertakings specified in the Subscription Agreement, up to the termination date.
    4. iv. Both parties shall expeditiously return any property and materials, including devices, and confidential information and materials provided by one Party to the other Party in accordance with these Driver T&C and/or the Subscription Agreement between the parties. In cases where it is impossible to return confidential information in a tangible form, the Party shall obliterate the confidential information supplied by the other Party.
    5. v. The parties shall cease all actions that may imply an ongoing association between them and discontinue all marketing and other activities outlined in these Driver T&C and/or the Subscription Agreement. Concerning the use of uniforms, upon the termination or conclusion of the Subscription Agreement and the Driver T&C, the Driver must ensure that Vhingo branding affixed or displayed on T-shirts, uniforms, or equipment, if any, is not used. Vhingo explicitly disclaims all liabilities, whether they are of a civil, criminal, tortious, or any other nature, that may arise due to the continued use of any branding by the Driver after the expiration or termination of the Subscription Agreement and Driver T&C.
  5. 5. The expiration or early termination of this Agreement will not harm or undermine any rights that the Parties may have acquired prior to the expiration or termination.
  6. 6. Notwithstanding the previous information, if your registration is terminated according to any of the provisions mentioned above, it will not restrict or impact any other recourse (such as a claim for compensation) that Vhingo may have resulting from the incident that led to the termination right.

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

  1. A. Complete Agreement:
    The Parties herewith concur that the Subscription Agreement, its accompanying Exhibits, and these Driver T&C, Commercial Term Segment, Vhingo's Policies, the Zero Tolerance Policy, and any additional policy that Vhingo periodically communicates to the Driver constitute the comprehensive accord between them. This accord shall take precedence and annul all preceding exchanges, whether spoken or written, between the involved parties regarding the essence of this Agreement.

    In the event of any inconsistency or contradiction between the Driver T&C and any other agreement inked between the parties, the stipulations set forth in the Driver T&C shall reign supreme unless otherwise agreed in writing with explicit reference to the specific Clause to be amended under these Driver T&C.
  2. B. Status of Independent Contractors:
    The affiliation established under the Driver T&C entails that of autonomous contractors and not associates, franchisees, or co-entrepreneurs. No workers, advisors, subcontractors, or representatives of one Party shall be considered or categorized as employees, advisors, contractors, or agents of the other Party. Furthermore, they cannot obligate the other Party through contracts or any other means unless explicitly prescribed herein. For all intents and purposes, the Driver shall not be construed as an employee of Vhingo or any of its Affiliates. Vhingo bears no responsibility toward the Driver or any governing authority for payroll-related taxations associated with the performance of Services outlined herein, including but not limited to deductions or other levies concerning state or central income taxes, social security benefits, or unemployment benefits.
  3. C. Transfer of Rights:
    The Driver is precluded from assigning these Driver T&C or any associated rights, interests, or obligations to a third party without obtaining the prior written consent of Vhingo. In contrast, Vhingo holds the discretion to unilaterally allocate these rights, interests, or obligations to any eligible entity.
  4. D. Unforeseeable Circumstances:
    If either Party encounters delays or is unable to fulfill its obligations under the Driver T&C due to unforeseeable circumstances, commonly known as "force majeure," it shall not be considered a breach of the Agreement. Force majeure encompasses incidents beyond the reasonable control of the defaulting Party, such as governmental actions, natural disasters, fires, explosions, civil unrest, warfare, and insurrections. However, You must notify Vhingo in writing within seven days of the occurrence of a force majeure event. You are expected to make diligent efforts to mitigate or eliminate the cause of non-performance and resume your obligations once the impediments posed by force majeure have been resolved. Suppose a force majeure event extends for seven consecutive days following Vhingo's receipt of the notice above. In that case, Vhingo is vested with the authority to terminate these Driver T&C.
  5. E. Communication Protocol:
    All notifications, solicitations, and any other correspondences mandated or permissible hereunder must be transcribed in writing. Such documents may be dispatched through any of the ensuing methods to the designated Party at the addresses delineated within this Driver T&C:
  6. F. Relinquishment:
    Each Party has the option to independently or simultaneously exercise any right, power, or remedy as it sees fit. Any failure or delay by any Party in exercising a right, power, or privilege under this Agreement will not be considered a waiver of that right, power, or privilege. Furthermore, any single or partial exercise of a right, power, or privilege will not prevent any future exercise of that right, power, or privilege or the exercise of any other rights, powers, or privileges by the same Party.
  7. G. Severance Clause:
    Any stipulation that is proscribed or rendered unenforceable within a specific jurisdiction shall, concerning that jurisdiction, be deemed inefficacious to the extent of the proscription or unenforceability, without compromising the integrity of the remaining segments hereof or impinging upon the validity or enforceability of that provision in any other jurisdiction.
  8. H. Modification/Amendment:
    Vhingo reserves the absolute right to revise or amend these Driver T&C at its sole and unequivocal discretion.
CODE OF CONDUCT: NON-VIOLATION POLICY

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:

    1. Don’t Ask for Tips: The Driver is prohibited from actively requesting 'tips' from the Customer. The Driver is prohibited from pressuring the Customer for change. 2. Don’t Waste Customer’s Time: The Driver is not allowed to stop for personal reasons while traveling. 3. Personal hygiene: The Driver is required to consistently wear a tidy Vhingo outfit and badge while on duty. The Driver must uphold personal hygiene standards. 4. Customer Service: The Driver is required to welcome customers both when picking them up and when dropping them off. The Driver is responsible for handling the luggage at both the pickup and drop-off locations. 5. Vehicle Cleanliness: The Driver is responsible for maintaining the cleanliness of the Customer's Vehicle throughout the trip. 6. Disturbing Customer: The Driver is prohibited from playing music at a volume higher than the mid-level of the stereo or using any type of earphone device to listen to music. The Driver must refrain from using the horn unnecessarily. The Driver is prohibited from initiating personal conversations with customers and must refrain from engaging in any form of hostile behavior toward them. 7. Smoking, tobacco, pan, masala, and food items are strictly prohibited. The Driver must refrain from smoking inside the Vehicle. The Driver is prohibited from consuming any masala, chewing gum, or other food items while a ride is ongoing. 8. Monetary Adequacy: The Driver shall ensure he possesses an ample supply of change, thereby enabling him to refund any surplus to the Patron continuously. 9. Genuine Communication: The Driver shall refrain from initiating counterfeit or unanswered calls to the Patron's contact number. The Driver's sole purpose for making contact shall be to inform the Patron of his impending arrival at the designated terminus. The Driver shall refrain from unwarranted utilization of the Patron's contact particulars following the completion of the journey. 10. Route Proficiency: The Drivers must exhibit proficiency in route knowledge. The Driver must opt for shorter routes when feasible instead of unnecessarily elongated ones. Drivers should not disrupt the journey with multiple stops due to unfamiliarity with the routes.
  1. 11. Punctuality in Commencement: The Driver is obligated to reach the pickup locale prior to the scheduled pickup time. Additionally, the Driver must duly notify the Patron of his arrival at the pickup point.
  2. 12. Mobile Connectivity: The Driver's mobile Device must remain active while logged into the Vhingo Portal, ensuring that every call from the Patron is received. The Driver should not deliberately station the Vehicle in an area lacking network connectivity while the Customer is temporarily absent for personal matters.
  3. 13. Maintain Politeness: The Driver is strictly prohibited from engaging in disputes, using offensive language, or raising his voice in the presence of female Patrons. The Driver must diligently adhere to both the Customer's directives and those issued by the Vhingocabs Call Centre.
  4. 14. Restriction on Mobile Device Utilization: The Driver is forbidden from using mobile devices for non-emergency purposes while operating a vehicle. This prohibition extends to activities such as sending SMS, engaging in video calls, voice calls, MMS, and downloading. However, this restriction is not applicable to incoming calls from Vhingo representatives and the Customer.
  5. 15. Truthful Communication with Vhingo: The Driver must refrain from disseminating false information regarding the Vehicle's location to Vhingo representatives. Moreover, the Driver shall not misreport meter readings. Punctually, the Driver is required to furnish accurate opening and closing odometer readings as mandated by Vhingo representatives.
  6. 16. Follow the Speed Limits: The Driver is prohibited from exceeding the speed thresholds as follows: i. 50 Kilometers per hour within urban areas; ii. 60 Kilometers per hour on state highways; and iii. 80 Kilometers per hour on national highways. In the event that any other prescribed speed limit on a particular road is lower than the speed thresholds delineated in (i), (ii), and (iii) above, the Driver is obligated to adhere to the lower limits as specified. Furthermore, the Driver is expected to refrain from abrupt braking and from executing sharp turns that might inconvenience the Customer.
  7. 17. Driving License (DL): During their duty hours with Vhingo, it is an essential requirement for drivers to possess and maintain a valid Driving License (DL) along with all other pertinent documents.
  8. 18. While providing driving services, the Driver is strictly prohibited from taking rest or sleeping inside the Customer's Vehicle without the express consent of the Customer.
  9. 19. The Driver is not authorized to independently reject any booking at the time of allocation unless explicitly permitted by Vhingo.
  10. 20. Once the Driver has accepted a duty, logged in, and commenced the Service, it is incumbent upon them not to decline a booking or refuse Service to a customer. Furthermore, they are not allowed to switch off their mobile Device under any circumstances.
  11. 21. Device Misuse: The Driver is expected to ensure that the Device, as defined in the Driver T&C (Terms and Conditions), is not subjected to any form of misuse.
  12. 22. Traffic Rules: The Driver is bound by the obligation to comply with all traffic regulations, including the adherence to traffic signals. They must maintain all legally required documents and consistently wear a seat belt while operating the Vehicle.
  13. 23. Deceptive Practices or Malicious Completion of Service: The Driver is required to adhere to the most optimal and expeditious route for reaching the destination. They must abstain from any acts of misrepresentation, misleading route information, or tampering with duty-related documents in an attempt to inflate the fare.
  14. 24. Prohibition of Alcohol or Narcotic Substance Use: While actively engaged with the Vhingo Portal, drivers are strictly prohibited from the consumption or influence of alcohol or narcotic substances.
  15. 25. Discourteous or Discriminatory Conduct: Drivers are obligated to refrain from any behavior that may be characterized as abusive towards customers, including engaging in conversations that cause discomfort during the journey. Discrimination against customers on the grounds of sex, race, caste, creed, religion, disability, or nationality is unequivocally forbidden.
  16. 26. Handling Disputes and Customer Inconvenience: In case of misunderstandings or verbal disputes between the Driver and the Customer, it is incumbent upon the Driver to promptly conclude the trip, even if it occurs mid-journey. If the Vehicle experiences a breakdown, the Driver is required to strictly adhere to the instructions provided by the Customer for further guidance.
  17. 27. Impact on Brand Image: Any actions or conduct by the Driver that directly or indirectly impairs the company's reputation and brand image are deemed unacceptable.
  18. 28. Weight Restrictions: Drivers must never exceed the manufacturer's specified maximum weight limit for the Vehicle.
  19. 29. Fitness for Duty: Driving is forbidden if the Driver is in a medical condition that impairs their ability to operate the Vehicle safely.
  20. 30. Unauthorized Passengers or Cargo: Drivers must not accept bookings for purposes or individuals not authorized by Vhingo. In such instances, they should promptly notify Vhingo and cancel the booking.
EXHIBIT-C: COMMERCIAL TERMS SECTION

Details of the subsequent commercial terms will be relayed by Vhingo on a periodic basis:

  1. Platform Subscription Charges for the utilization of Vhingo's technological platform (in Indian Rupees).
  2. Performance Incentives
  3. The Commission to be remitted to Vhingo (stated as a percentage) - [To be communicated by Vhingo as and when necessary].

Key Provisions:

  1. i. All disbursements to the Driver Service Provider will be effectuated through NEFT/RTGS, among other modes, as mutually concurred upon periodically.
  2. ii. The possibility of an Incentive allocation to the Driver Service Provider by Vhingo will remain open, subject to regular evaluations factoring in all outstanding obligations, penalties, fees, interests, claims, expenditures, etc. To expound, both parties acknowledge and assent that the sums above exclusively serve the purpose of computing the Incentive's value.
  3. iii. By virtue of this accord, you bestow upon Vhingo the authority to effectuate deductions from the Driver Service Provider Proceeds, encompassing the following: a) Tax Deduction at Source (TDS) in compliance with the Income Tax Act, 1961, as applicable; b) service tax and other relevant levies; and c) any other sums owed to Vhingo by the Independent Driver Service Provider, in accordance with the governing statutes.
  4. iv. The stipulations contained in this segment of Commercial Terms are amenable to adjustments, with due notice provided to the Driver Service Provider through SMS or by telephone on their registered mobile number.
  5. v. The Driver Service Provider hereby acknowledges that any concessions offered to Portal users, if applicable, will be determined by Vhingo on a situational basis. These determinations will be communicated to the Driver Service Provider by Vhingo. The fee displayed on the Device, configured by Vhingo for Settlement between the Driver Service Provider and Vhingo, shall be conclusive and obligatory for the Independent Driver Service Provider. The Driver Service Provider is expected to accept this without objection.
  6. vi. Vhingo reserves the prerogative to alter the rates and stipulations of payment between the Driver Service Provider and Vhingo, as stipulated in the Commercial Term Segment, at any given juncture. Notice of such modifications will be provided to the Independent Driver Service Provider.
  7. vii. Regardless of the contents of this Agreement, in cases where Vhingo possesses valid grounds to suspect fraudulent incurring of charges or debits pertaining to the Fee ("Suspect Charge"), Vhingo retains the right to debit an amount equivalent to the Suspect Charge from the Subscription Amount. In the event that the Subscription Amount is inadequate to cover this deduction, Vhingo is empowered to request the Driver Service Provider to remit the Suspect Charge in cash to Vhingo.
  8. Viii: Credit Limit: As defined by Vingho
  9. IX. Settlements: If a Settlement is required due to a violation of this Agreement or the Driver Service Provider T&C, Vhingo will swiftly send a detailed report to the Driver Service Provider over SMS, email, or post. This report will provide a comprehensive analysis of the quantities and justifications that are essential components of the Settlement. The Driver Service Provider is required to promptly transfer these sums to Vhingo within a limited timeframe of seven (7) days from the date of receiving the Settlement particulars. Suppose the Driver Service Provider fails or refuses to fulfill their payment obligation within the specified seven-day period. In that case, Vhingo has the unrestricted right to deduct the settlement amounts from the subscription amount without any additional communication with the Independent Driver Service Provider. Suppose the Subscription Amount is not enough to meet the complete Settlement Total. In that case, Vhingo will swiftly collect the remaining balance from the Independent Driver Service Provider.
EXHIBIT-D ELIGIBILITY CRITERIA
  1. i. The Driver Service Provider must possess the legal competence to engage in contractual obligations as defined by the Indian Contract Act, 1872.
  2. ii. The Driver Service Provider is mandated to maintain a bank account compliant with the 'Reserve Bank of India KYC standards.
  3. iii. The Driver Service Provider should not have a record of criminal convictions within the preceding 10 years.
  4. iv. The Driver Service Provider must uphold an unblemished reputation and character and must never have been convicted of an offense involving moral turpitude. Furthermore, no warrant, summons, FIR, or any other legal process must have been initiated against the Driver Service Provider's name by any court of law, governmental authority, or law enforcement agency. In addition, no pending legal proceedings should relate to the Driver Service Provider, and the Driver Service Provider should have never been convicted of (a) operating a motor vehicle under the influence of narcotics or alcohol or (b) any recognizable offense under the Code of Criminal Procedure, 1973, including fraud, sexual offenses, using a motor vehicle to commit recognizable offenses, or any crime involving property damage, theft, acts of violence, or acts of terrorism.
  5. v. The Driver Service Provider must provide identity proof and a valid driver's license as mandated by the Motor Vehicles Act, 1988, and its associated regulations. Alternatively, the Driver Service Provider must furnish identity documents and Driver's licenses for the drivers intended to be employed for Driver Services, as required by the Motor Vehicles Act, 1988, and its corresponding regulations.

For User

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.

1. Definitions:
  1. "Vhingo," "we," "our," and "us" shall collectively refer to the entity known as Vhingo Pvt. Ltd.
  2. The term "you," in reference to yourself or yourselves, and the term "your" shall pertain to an individual or individuals, hereinafter referred to as the User, who satisfies the specified eligibility criteria as outlined below.
  3. "Application" refers to the software application provided by Vhingo, which is downloaded and installed by the User on a single mobile device, specifically a smartphone.
  4. "Service Provider" or "Service Providers" shall herein refer to the individual(s) who have been engaged by the User through the utilization of our Website/Application.
  5. The term "Force Majeure" shall be defined in accordance with the provisions stated in Clause VII.
  6. "Service" or "Services" shall herein refer to the provision of temporary private Service Provider solutions through the Application/Website, as specifically defined in Clause I.
  7. "User" or "Users" shall be defined as stated in Clause III; and
  8. The term "Website" shall refer to the online Platform accessible through the URL http://www.vhingo.com/index.

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.

2. Services Description:
  1. 2.1. Mahsha Web Services Pvt Ltd. operates 'Vhingo' a technology-driven electronic platform service dedicated to fulfilling on-demand services, including Booking Cars, Auto, and mini Buses; Booking Logistics Vehicles For Goods and parcels; Hire a Driver; and Car Rentals.
  2. 2.2. Vhingo empowers commuters and passengers to procure drivers/rental cars/logistic vehicles/mini-busses for point-to-point pickups and drop-offs, both within and beyond city boundaries, accessible through the mobile Application and the website. The Service's primary purpose is to provide you with valuable information and a mechanism for securing vehicles and drivers for point-to-point and round-trip journeys, transporting goods and parcels, and all at your request. As a user, you grant the chosen driver/vehicle owner the authority to manage your Vehicle and make decisions on your behalf during a timeframe you specify.
  3. 2.3. The Service Providers offering their services on the Vhingo platform are independent individuals and entities who have chosen to affiliate themselves with Vhingo. Each Service Provider undergoes a thorough screening and training process before being listed on the Vhingo platform. At no point should a Service Providers present themselves as an employee of Mahsha Web Services Pvt Ltd or Vhingo. The user terms and conditions explicitly state that individuals and vehicle owners are independent Service Providers and not employees of Mahsha Web Services Pvt Ltd or Vhingo.
  4. 2.4. Listed Services Include:
    1. 2.4.1. Book Cars, Auto, & Mini Buses:
      Our Platform facilitates the reservation of various forms of transportation, including automobiles, auto-rickshaws, and mini-buses. This Service grants users the ability to arrange transportation for their personal or business needs, all while adhering to our established booking and usage terms.
    2. 2.4.2. Book Logistics Vehicles For Goods & Parcels:
      Streamline and enhance your logistical processes by leveraging our Platform to acquire a wide variety of vehicles specifically designed for the effective conveyance of packages and merchandise. Our Service grants users access to an extensive collection of logistics vehicles, including vans and trailers, all of which are subject to distinct terms and conditions.
    3. 2.4.3. Hire A Driver:
      Our Service provides you with skilled and reliable drivers who may fulfill various driving needs, such as chauffeuring personal vehicles, serving as designated drivers for special events, or driving for commercial purposes. All drivers are bound by legally enforceable agreements.
    4. 2.4.4. Car Rentals:
      By utilizing our car rental Service, customers can enjoy the convenience and freedom of mobile transportation. Select from a wide range of vehicles, each subject to specific rental agreements. Our Platform provides car rental services for both short-term leisure and extended commitments. These services are governed by legally binding terms and conditions to ensure clarity and accountability. Experience the freedom of the open road while enjoying the benefits and responsibilities outlined in our comprehensive contractual Agreement.
  5. 2.5. Operational Approach
    1. a. In its modus operandi, 'Vhingo' strives to create a unified arena for Service providers and customers. This enables customers to place requests for a broad spectrum of professional driver services, logistics vehicles, cars, and other vehicle types to cater to their commuting, goods transportation, and diverse transport-related needs.
    2. b. Within this dynamic e-commerce framework, customers are seamlessly connected with Service Providers, granting them access to a wide array of services. The availability of drivers and vehicles in proximity to the customer's location at the time of the request is integral to the process.
    3. c. Customers initiate requests for point-to-point commutes or round trips through electronic means, either via the mobile app or Vhingo's online website. The option for request placement via phone service is also available.
    4. d. As the commute nears completion, customers receive notifications regarding the services rendered, either via the app or email. Payment for these services can be settled through two convenient channels:
      1. I. Direct cash payment to the Driver
      2. II. Online payment options facilitated by Vhingo
    5. e. In cases where customers opt for online payments through the app, Vhingo promptly disburses the collected proceeds to the respective Service Providers.
    6. f. As a token of appreciation for utilizing Vhingo's electronic Platform, Service Providers are subject to a reasonable convenience fee, which is administered by Vhingo. Vhingo adheres to the responsibility of remitting any applicable taxes to the respective government authorities and dutifully submits periodic returns in accordance with the GST laws.
3. USE OF SERVICE, APPLICATION AND WEBSITE:

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.

4. USER ELIGIBILITY AND AGREEMENT:

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.

5. REGISTRATION:

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.

6. SERVICE-WISE TERMS AND CONDITIONS

As a precondition to your use of the Services, you represent and warrant that the information you provide to Vhingo is accurate and complete.

  1. 6.1. Car Rentals
    Upon consenting to this Agreement, as well as the distinctively stipulated pricing schedule and additional terms and conditions, the lessee is granted the authorization to initiate a reservation. This reservation process adheres to the protocols separately established by the Vhingo. During this reservation, it is imperative for the lessee to explicitly delineate the following components: the preferred vehicle model or class, the designated commencement date and time for the rental period, the specific location for rental commencement, the intended duration of the rental, the predetermined return location, the identity of the assigned Driver, any specific accessory requests, such as toddler seats, and any other pertinent terms and conditions associated with the rental process. These stipulated parameters collectively constitute the "Rental Conditions" hereafter referred to in this document.

    Upon the Renter's successful reservation, Vhingo shall extend an offer to rent out the Rental Cars available through Service Providers. Upon making a reservation, Vhingo reserves the right to request payment of a designated reservation fee, which the Renter is obligated to pay in accordance with Vhingo's request.
  2. 6.1.2. Car Rental Terms and Conditions:
    1. 6.1.2.1. Eligibility:
      1. Minimum age requirement: 18 years or older
      2. Documents that are necessary and mandatory:
    2. For individuals who hold Indian citizenship
      1. Driver's License
      2. Current Invoice for Electric Power (Voter Identification Card may be provided as an optional and supplementary document)
      3. Provision of Aadhaar Card Number and Copy
      4. All documents must be transmitted via an email address.
    3. For Citizens from Other Countries:
      1. An International Driving Permit (IDP) and a copy of your Passport are required.
      2. Proof of local residency
      3. Credit card that meets the necessary requirements for validity.
      4. A Credit Card with a predetermined security deposit limit of Rs. 20,000 (Rupees Five Thousand Only) is required in order to proceed. Suppose the User does not provide the original copies of the mentioned documents during the vehicle delivery. In that case, the Vhingo retains the right to refuse the delivery of the Vehicle and terminate this Agreement. Under the given circumstances, the lessee will be subject to a fee of Rs. 1,000 or the rental amount, whichever is lower.
  3. 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:

  4. 6.1. Car Rental Services on Vhingo Platform
  5. 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:

    • • For Indian citizens: Driver's License, current utility bill (or Voter ID as optional), Aadhaar Card copy, and all documents submitted via email.
    • • For Non-Indian citizens: International Driving Permit (IDP), Passport copy, local residency proof, and a credit card with a Rs. 5,000 security deposit limit. Failure to present original documents at vehicle pickup allows Vhingo to refuse delivery and terminate the Agreement, incurring a fee of Rs. 1,000 or the rental amount, whichever is lower.

    6.1.2.2 General Terms and Conditions:

    • • Duration and Delivery: The rental period begins upon vehicle possession and ends upon return. Vehicles must be returned to the original pickup location.
    • • Duration and Delivery: The rental period begins upon vehicle possession and ends upon return. Vehicles must be returned to the original pickup location.
    • • Accessories: With additional charges, GPS and child seats are available upon request.
    • • Late Return Policy: A one-hour grace period is allowed; subsequent hours incur late charges.
    • • Rental Extension: Extensions must be notified in advance, with one hour free and additional charges thereafter.
    • • Rental Extension: Extensions must be notified in advance, with one hour free and additional charges thereafter.
    • • Rental Extension: Extensions must be notified in advance, with one hour free and additional charges thereafter.
    • • Vehicle Cleanliness: Strict prohibitions on using the Vehicle for transporting pets or goods that could damage the interior or exterior. Renters are liable for cleaning or repair costs.

    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:

    • • Ensuring the Vehicle is used per the stipulated purposes and is not subjected to misuse or illegal activities.
    • • Reporting any issues or damages incurred during the rental period to the owner immediately.
    • • Returning the Vehicle in the same condition it was received, barring normal wear and tear.

    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.

  6. 6.2. Logistics Vehicles for Goods & Parcels Terms and Conditions
    1. 6.2.1. Eligibility and Agreement
      1. Minimum age requirement: 18 years or older
      2. These terms of use are applicable to all individuals who use the Platform, as well as their representatives and any legal entities that are either represented by the User or represent the User.
      3. The User(s) are solely responsible for adhering to all state laws, regulations, statutes, acts, and codes. Vhingo will not assume any responsibility or liability in any circumstance if the User fails to comply with the same.
    2. 6.2.2. Definition Specific to Logistics Vehicles for Goods & Parcels:
      1. The term "Service Provider" refers to the individual or entity that owns or operates a vehicle that has been hired by the User to utilize our services.
      2. The term "vehicle" refers to the means of transportation designated explicitly for the conveyance of commodities.
      3. The term "goods and parcels" encompasses the tangible items, such as goods, parcels, freight, or boxes, that require transportation when utilizing our services.
      4. The terms "receiver" and "consignee" designate the individual who is responsible for accepting the delivery of the goods.
      5. Any term that is not explicitly defined in these Terms & Conditions will be interpreted according to its commonly accepted meaning in India and in alignment with the principles and intentions of these terms of use.
    3. 6.2.3.General Terms and Conditions
    4. 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
      1. Duration of the entire journey, starting from the commencement of the trip until the products are fully unloaded at the drop-off location. The User is responsible for all charges incurred during the time spent loading and unloading.
      2. The fare shown at the conclusion of the trip is obligatory, and the user/recipient is responsible for promptly paying the whole amount upon the trip's conclusion.
      3. If there are toll charges, a fare will be levied for both entry and return trips.
      4. Vhingo has the authority to adjust the fares and modify the parameters at its own discretion, and this will apply to both customers and drivers. Prior to making a reservation, it is imperative for the User to thoroughly verify the presented estimated pricing. Nevertheless, the ultimate price at the conclusion of the trip may vary and will be determined by various factors, such as the length of the route or any delays caused by traffic or other unforeseen circumstances.
      Goods Loading and Unloading
      1. Our charges and rates do not encompass the expenses related to labor for loading and unloading. Our sole offering is vehicle rental services.
      2. The User shall be responsible for the loading and unloading of products, bearing all associated charges and costs.
      3. We are not responsible for any damage to the items under any circumstances. The User must ensure that neither the Vehicle nor any of its components or materials sustain any harm throughout the process of loading and unloading their items.
      4. The User will be held responsible for any damage caused to the Vehicle throughout this process by themselves or their associates/employees/staff, and will be required to fund the costs of repair.
      Cancellation

      Please refer to Refund and cancellation here: Click Here

      Insurance
      1. Our rates exclude any fees associated with insuring the items. However, the buyer must obtain insurance for the products being transported. Neither we nor the Driver shall have any responsibility for insurance or the safety of items.
      2. Vhingo bears no responsibility for any damages or injuries to the User's products, premises, or individuals, whether temporary or permanent, partial or complete, resulting from an accident that occurs during the booking process.
      Prohibited Items
      1. CARGO refrains from transporting or engaging in any services associated with goods that, in our exclusive judgment, are deemed prohibited, restricted, or dangerous Goods.
      2. The User acknowledges and agrees not to request our services for the transportation or handling of such types of goods.
  7. 6.2.4. User Responsibilities:
    The User agrees and assures Vhingothat:
    1. 1. The reservation encompasses no items falling within the category of Prohibited Items, nor does it include any items subject to restrictions stipulated by pertinent regulations. The User hereby commits to furnishing Vhingo with any requisite Dangerous Goods declaration in a manner that is both accurate and in strict accordance with all prevailing laws, rules, and regulations. Additionally, it is imperative to note that neither the User nor the consignee represent individuals or organizations with whom Vhingo or the User are legally proscribed from engaging in trade under any extant laws or regulations.
    2. 2. The User affirms that all statements, information, and documents pertaining to the booking shall be accurate and truthful. Furthermore, the User acknowledges that should any false or fraudulent statements be made regarding the booking or its contents, the User may be subject to civil claims and/or criminal prosecution, which could encompass penalties such as forfeiture and sale of the items in question.
    3. 3. Vhingo has the legal authority to transport and deliver the items to the specified address at the designated drop place.
    4. 4. The User has fully adhered to all relevant laws and regulations.
    5. 5. By accepting this Agreement, you agree to compensate and protect us from any legal responsibilities, costs, damages, or expenses, including legal fees, that we may incur as a result of your violation of any of these warranties, representations, and guarantees. This applies even if we unintentionally accept a booking that violates any of your obligations.
  8. 6.3. Hire a Driver Service Terms & Conditions
    1. 6.3.1. Eligibility & Agreement
      1. You must be at least 18 years old to use our Service.
      2. You are responsible for ensuring the accuracy and completeness of the information you provide to Vhingo.
      3. These User Terms and Conditions ("Terms") govern your use of the Vhingo platform and services ("Service"), which enable you to hire a driver for various transportation needs. By using Vhingo, you agree to comply with these Terms.
    2. 6.3.2. Definition & Policies
    3. Hire a Driver Policy Definition and Meaning
      Representation & Warranty
      1. Your information for Vhingo must be accurate and complete.
      2. Vhingo's hire-a-driver Service is for Commercial and non-commercial private cars within city and out station booking..
      3. Vhingo may verify your provided information and reject the Service without stating the reasons.
      4. Use authorized means to access the Service.
      5. Verify the correct Application or Website for your device.
      6. Vhingo isn't liable for incompatible devices or incorrect downloads.
      7. Vhingo can terminate Service for unauthorized devices.
      8. Confirm your legal right to operate the Vehicle.
      9. Ensure your Vehicle meets safety standards and statutory requirements.
      10. You're solely responsible for vehicle condition, legal compliance, injuries, and damages.
      11. Maintain your Vehicle's functionality.
      12. If your Vehicle fails during Service, you're responsible for fees for repair, and neither Vhingo nor the Driver is liable.
      13. You can authorize the Driver to operate your Vehicle.
      14. Have insurance coverage for the Vehicle you use.
      15. In case of an accident, comply with legal requirements and contact your insurer.
      16. Vhingo bears no responsibility for such matters.
      17. You authorize us to use your 'Sensitive personal data or information.'
      18. All data provided is considered ours to use as we see fit.
      19. Comply with all applicable laws related to these matters.
      20. You're solely responsible for any violations.
      Account Registration
      1. To use our Service, you must create an account. You agree to provide accurate and up-to-date information during the registration process.
      2. You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree not to share your account information with others.
      Service Usage
      1. You may use the Vhingo platform to hire drivers for your transportation needs. You agree to provide clear and accurate instructions to the Driver, including pickup and drop-off locations.
      2. You acknowledge that the Driver provided through Vhingo is an independent contractor, not an employee of Vhingo.
      Payment
      1. You agree to pay the Driver the agreed-upon fare, which will be calculated based on the distance traveled, time taken, and any additional services.
      2. Payments are made directly to the Driver using the payment methods accepted by Vhingo. You agree to pay all applicable fees and taxes.
      Payments are made directly to the Driver using the payment methods accepted by Vhingo. You agree to pay all applicable fees and taxes.
      1. You may cancel a booking at any time before the Driver arrives. Cancellation fees may apply, and refunds are subject to Vhingo's refund policy.
      User Conduct
      1. You agree not to use the Service for any unlawful, abusive, or fraudulent purposes.
      2. You must treat drivers and other users with respect and courtesy. Any form of harassment, discrimination, or abusive behavior will not be tolerated.
      Privacy
      1. Vhingo collects and uses your personal information in accordance with our Privacy Policy. By using our Service, you consent to such collection and use.
      Termination
      1. Vhingo reserves the right to terminate or suspend your account at its discretion, with or without cause.
      Disclaimers and Limitations of Liability
      1. Vhingo provides the Service "as is" and does not make any warranties, express or implied, regarding the quality, safety, or accuracy of the Service.
      2. Vhingo is not liable for any damages, including but not limited to direct, indirect, incidental, or consequential damages, arising from your use of the Service.
      Changes to Terms and Conditions
      1. Vhingo may update these Terms at any time. It is your responsibility to review these Terms periodically for changes.
7. Limitation of Liability

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.

8. Intellectual Property Rights

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.

9. User Account Management and Offers

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.

Section 9: Car Rental Policy for Renters

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.

10. External Links

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.

11. Termination of User's Accounts

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.

12. Terms & Conditions for Use of Services:

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.

  1. 12.1. Types of Services
    1. 12.1.1. Logistic Vehicles for Goods & Parcels
      Vhingo provides logistical vehicle services for the transportation of goods and parcels, connecting Users with logistics service providers. The availability of vehicles and logistical options may vary based on the User's requirements and the service provider's availability.
      The User can make logistics requests through the Vhingo platform, specifying the type of goods or parcels, quantity, destination, and any other relevant details.
    2. 12.1.2. Cars, Autos, and Mini-buses
      Vhingo provides booking services for cars, mini-buses, and autos, connecting Users with transportation service providers. The availability of vehicles is subject to the User's location and the service provider's availability.
      The User can make bookings through the Vhingo platform, specifying the desired vehicle type and other relevant details.
    3. 12.1.3. Car Rentals
      Vhingo provides car rental services, allowing Users to rent vehicles for specific periods. The availability of vehicles and rental options may vary based on location and the User's requirements.
      Users can make car rental bookings through the Vhingo platform, specifying the type of Vehicle, rental duration, and any other relevant details.
    4. 12.1.4. Hire a Driver
      Vhingo provides driver-on-hire services, allowing Users to hire drivers for specific periods. The drivers provided are experienced and licensed to operate vehicles safely.
      Users can make driver-hire bookings through the Vhingo platform, specifying the date, time, and any other relevant details.
  2. 12.2. Payment Obligations
  3. Service Payment
    Logistic Vehicles for Goods & Parcels
    1. The User is responsible for paying the fees for the logistical services, which may vary based on factors such as the size and weight of the goods or parcels, the distance of transportation, and any additional services requested.
    2. Additional charges, including but not limited to tolls, parking fees, and other applicable surcharges, may be incurred and are the responsibility of the User.
    Cars, Autos, and Mini-buses
    1. The User is responsible for paying the fare for the selected transportation service. The fare may vary based on factors such as distance, time, and vehicle type.
    2. The User is responsible for any additional charges, such as tolls, parking fees, and other relevant levies, that may be incurred.
    Car Rentals
    1. The User is responsible for paying the rental fees for the selected Vehicle. Rental fees may vary based on factors such as the type of Vehicle, rental duration, and any additional services or features requested.
    2. The User is responsible for any additional charges that may arise, such as gasoline prices, tolls, parking fees, and other relevant surcharges.
    Hire a Driver
    1. The User is responsible for paying the fees for the hired Driver's services. Fees may vary based on factors such as the duration of hire and any additional services requested.
    2. Additional charges, including but not limited to fuel costs, tolls, parking fees, and other applicable surcharges, may be incurred and are the responsibility of the User.
  4. 12.3. User Conduct
    1. The User hereby consents to utilize Vhingo's services exclusively for legitimate reasons and in strict adherence to all relevant laws and regulations.
    2. The User is required to exhibit respectful behavior towards the transportation Service Provider and their Vehicle, refraining from any actions that may result in vehicle damage or harm to the Driver.
  5. 12.4. Limitation of Liability
    1. Vhingo shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses.
    2. Vhingo's liability shall be limited to the maximum extent permitted by applicable law. In no event shall Vhingo's total liability to the User exceed the total amount paid by the User for the specific Service, giving rise to the liability.
  6. 12.5. Cancellation and Refund Policy
  7. 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.

  8. 12.6. Governing law
    1. This Agreement is governed by and construed in accordance with the laws of the jurisdiction in which Vhingo operates, without regard to its conflict of law principles.
    2. By using Vhingo's booking services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. Please ensure you review and understand these terms before using our services. If you do not agree with any part of this Agreement, please refrain from using the services.
13. Indemnity

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.

14. Jurisdiction

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.

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