This document is a legally binding document which will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will form part of the Governing Policies for availing the services offered through the website and https://www.zoomcar.com/zap/subscribe/host mobile application under the name and style of “Zoomcar” (“Platform”).

The Platform is owned by Zoomcar India Private Limited, a company incorporated under the Companies Act,1956 having its registered office at having its registered office at Ground Floor, Enzyme Tech Park #4 Building, Domlur Service Rd 13, HAL Old Airport Rd Domlur 1st Stg, ISRO Colony Bengaluru - 560071 (hereinafter referred to as “Zoomcar” or “we” or “us” or “our”, which expression unless the context may otherwise require to include its successors, liquidators and assigns) and the guest users or the registered users of the Platform, who is a natural or a legal person (hereinafter referred to as “User” or “you” or “your” or “yourself”).

Through this Platform, Zoomcar enables and facilitates the Users to list and lease vehicles directly with one another as per the terms and conditions of this document and other policies on the Platform, to the extent applicable. Zoomcar does not sell, hire, manage, and/or control the vehicle.

All of the provisions in these Terms of Use, together with Zoomcar Host Services Terms & Conditions – Host & Lessee (available here), Privacy Policy (available here), and any other incorporated policies/agreements constitute the terms of the agreement between you and Zoomcar for the use of the Platform and services offered by Zoomcar thereon (together, the “Governing Policies”).

Please read these terms carefully before using or registering on the Platform or accessing any material, information or availing services through the Platform. If you do not agree with these Terms of Use, please do not use the Platform or avail any bookings or services being offered through this Platform. If you use or transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such use or transaction. It is hereby clarified that by accepting the Terms of Use for use of the Platform, You shall be contracting with Zoomcar and these Terms of Use as applicable, shall constitute your binding obligations, with Zoomcar.

We reserve the right, at our discretion, to change or modify these Terms of Use. You agree that the updated terms and conditions shall be effective from the date publication of the same on the Platform. It shall be your responsibility to periodically check for any changes to the Terms of Use and other policies on the Platform. We may require you to provide your consent to the updated agreement in a specified manner before any further use of the Platform and the Zoomcar services. If no such separate consent is sought, Your continued use of the Platform will constitute Your acceptance of such changes. You may decline such changes by discontinuing Your bookings or services, as the case may be, made on the Platform.

Subject to your acceptance and compliance of these Terms of Use, Zoomcar grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other

terms and conditions and applicable Governing Policies, as may be posted on the Platform from time to time.

Eligibility:

Only legal and natural individuals competent to contract under the existing law of the land, may use the Platform and avail of services as provided by Zoomcar. Zoomcar reserves the right to terminate your registration and / or deny access to the Platform if it is brought to Zoomcar’s notice that you are not competent to contract as mentioned herein.

User Information:

If you use the Platform as a registered user, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Platform registration form or provided by You as a visitor or user of a third party site through which You access the Platform. 

If you provide any information that is untrue, inaccurate, not current or incomplete or Zoomcar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or You are trying to gain unlawful access to the Platform, it has the right to indefinitely suspend or terminate or block access of your registration with the Platform and refuse to provide you with access to the Platform.

You understand and agree that a third-party shall not be authorized to use your account You understand and acknowledge that allowing other individuals to use your credentials to avail Zoomcar services on the Platform, you will be held solely liable for any damages or liabilities arising out of such use caused to yourselves, other Users or Zoomcar without prejudice to their right to invoke legal action or proceedings against you and the other User to the full extent permissible under Indian law.

You are responsible for paying all fees (if any) associated with the use of the Platform and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following:

1. You are solely responsible for Your information, and the Platform acts only as a passive conduit for distribution and publication of Your information. You shall not host, display, upload, modify, publish, transmit, update or share/list(s) any information or item including but not limited to documents for identification or listing of the vehicle that are false, inaccurate and misleading or impersonating a person or belong to other person over which you have no right.
2. You are prohibited from assigning or transferring your account to any other user, person, or entity.
3. You agree that you shall not violate any applicable law for the time being in force in India.
4. You shall not use the app to post anything grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" or harmful to minors.
5. You shall not attempt to use any intellectual property rights of Zoomcar or a third-party partner linked to our Platform including any patent, trademark, copyright or other proprietary rights or trade secrets or rights of publicity or privacy.
6. You also shall not make use of any other computer code, software viruses, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
7. You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
8. You shall not create liability for Zoomcar or cause Zoomcar to lose or disrupt (in whole or in part) the services of our service providers or other suppliers.
9. You shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the Governing Policies or any other applicable law for the time being in force in India.

The Platform collects, stores, processes and use Your information in accordance with Privacy Policy https://www.zoomcar.com/policy#privacy. By using the Platform and/ or by providing your information, you consent to the collection and use of the information you disclose on the Platform in accordance with the Privacy Policy.

Zoomcar may, either by itself or through its business partners, from time-to-time contract with third party payment service providers including banks to open nodal bank accounts under applicable Indian laws, to facilitate the payment between Users i.e. owners and lessees and for collection of fees and other charges on the Platform. These third-party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by applicable law for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.

THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.

DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.

WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT, DEBIT CARDS OR ANY OTHER PAYMENT OPTION AVAILABLE ON THE PLATFORM.

YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S SERVICES.

WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.

WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Zoomcar owns the intellectual property as available on the Platform. For any other information, and the material published on it including but not limited to user interface, layout format, and any content thereof Zoomcar may have non-exclusive limited right / license to use or produce the same on its Platform.

You recognize that Zoomcar or its affiliates is the registered owner of the word mark/device marks and the logo of Zoomcar products, including but not limited to its variants and agree that you shall not directly or indirectly, attack or assist another in attacking the validity of, or Zoomcar or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of Zoomcar’s intellectual property you shall report the same to [email protected] with all relevant information.

You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You shall fully indemnify, keep indemnified, defend and hold harmless Zoomcar and Zoomcar shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the Terms of Use or any applicable Zoomcar Governing Policies, or your violation of any law, rules or regulations or the rights of a third party.

Notwithstanding anything contained herein, Zoomcar’s entire liability and Your sole and exclusive remedy in any circumstance is limited to amount of fees, if any, paid by You on the Platform for the transaction under dispute. Other than the aforesaid, Zoomcar shall have no liability to You.

These Terms of Use sets forth the entire understanding and agreement between You and Zoomcar with respect to the usage of the Platform. 

If any clause of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Terms of Use. 

In Zoomcar's sole discretion, Zoomcar may transfer, assign or novate these Terms of Use without your prior express consent. However, the Platform on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts. You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

In the event you have any complaints or concerns with respect to the Site or our services, please contact our Customer Support by calling us on - 0806-897-2200 or mail at [email protected]

These Terms of Use and This Agreement and the Governing Policies shall be exclusively governed and construed in accordance with the provisions of the laws of India. Any dispute, controversy or claim arising out of or relating thereto, the interpretation, existence, validity, the termination, rescindment or invalidity thereof, shall be settled by the competent Court in Bangalore.

- All rates mentioned above are inclusive of GST wherever applicable.

- Handover pursuant to the original booking, extensions and modifications are subject to availability of the vehicle.

- If a Lessee is violating the law or any applicable Zoomcar policies, for example by over-speeding or driving drunk, the Lessee will be responsible for all damage, liability, and fines and could face legal action.

- KYC - Lessee’s profile on this Platform should be verified before the start of the booking. (Driving License & National Id/Passport along with a live Selfie)

- Zoomcar will not be responsible for any property left in the vehicle after the booking is ended.

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy https://www.zoomcar.com/policy#privacy to ensure that your personal information is sufficiently protected. We encourage you to read it to better understand how you can update and manage your information on the Platform.

Zoomcar reserves the right to change the particulars contained in the Agreement from time to time and at any time. If Zoomcar decides to make changes to the Agreement, it will post the new version on the website and update the date specified above or communicate the same to you by other means. Any change or modification to the Agreement will be effective immediately from the date of upload of the Agreement on the Platform. It is pertinent that you review the Agreement whenever we modify them and keep yourself updated about the latest terms of Agreement because if you continue to use the Zoomcar Host Services after we have posted modified Agreement, you are indicating to us that you agree to be bound by the modified Agreement. If you don’t agree to be bound by the modified terms of the Agreement, then you may not use the Zoomcar Host Services anymore.

Zoomcar Host Services is a marketplace feature of the Platform more particularly described below. that helps owners of vehicles (“Hosts”/ “Lessors”) connect with users in temporary need of a vehicle on leasehold basis (“Lessee”) for their personal use (“Zoomcar Host Services”). Zoomcar does not itself lease or deal with such vehicles in any manner whatsoever and only provides a service connecting the Hosts to the Lessees so they may enter into a Lease Agreement (defined below). You understand and agree that Zoomcar is not a party to the Lease Agreement entered into between you as the Host of the vehicle or you as the Lessee of the vehicle, nor is Zoomcar a transportation service, agent, or insurer. Zoomcar has no control over the conduct of the Users of the Zoomcar Host Services and disclaims all liability in this regard.

Zoomcar Host Services aims to establish and provide a robust marketplace of reliable Hosts and Lessees. Although Zoomcar Host Services provides support for the transaction between Hosts and Lessees, we do not guarantee the quality or safety of the vehicles listed on the Platform, nor can we guarantee the truth or accuracy of any listings, or whether Hosts and Lessees will consummate a transaction, including the completion of any payment obligations.

Zoomcar Host Services comprises of (a) the marketplace feature of the Platform https://www.zoomcar.com/zap/subscribe/host that enables Hosts and Lessees satisfying the applicable eligibility criteria listed below to connect with one another for leasing of vehicle for personal use; and (b) support/facilitation services for leasing including, among others, assistance with execution of the lease agreement, payment facilitation, vehicle cleaning/sanitization, vehicle delivery, on-road assistance, prospective Lessee diligence and vehicle usage/location tracking (“Add-on Services”); and (iii) web widgets, feeds, mobile device software applications, applications for third-party web sites and services, and any other mobile or online services and/or applications owned, controlled, or offered by Zoomcar. Zoomcar attempts to be as accurate as possible in the description of the Zoomcar Host Services. However, Zoomcar does not warrant that the Zoomcar Host Services, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Platform may contain typographical errors or inaccuracies and may not be complete or current.

Zoomcar reserves the right to correct, change or update information, errors, inaccuracies, subjective conclusions, interpretations, views, opinions or even human error, or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies, or omissions may also relate to availability and Zoomcar Host Services. The user of the Zoomcar Host Services shall not hold Zoomcar liable for any loss or damage relating to the same.

While you may use some section/features of the Platform without registering with us, to access the Zoomcar Host Services you will be required to register and create an account with us.

Thereafter, only by the Hosts and Lessees satisfying the applicable eligibility criteria (listed below) will be able to use the services subject to the terms and conditions of this Agreement.

The Zoomcar Host Services are intended solely for users who are 18 years or older and satisfy user specific criteria below. Any use of the Zoomcar Host Services by anyone that does not meet these requirements is expressly prohibited.

Host/Vehicle Eligibility Criteria:

• The Host must have valid passport, Aadhar number and/or other form of government issued identification document.
• The vehicle(s) proposed to be listed must be eligible non-transport or private personal use vehicle registered solely in your name. At the time of listing the vehicle(s) being listed should also not have any pending insurance claims and/or other on-going litigations, legal claims or any other claims that may arise in tort or law.
• Your vehicle must be registered, located in the state in India where is sought to be listed and have valid registration certificate issued by relevant regional transport authority under Motor Vehicles Act, 1988 (“MVA”).
• Your vehicle must be less than 7 years old and should meet all legal requirements of the state of its registration and usage.
• Your vehicle must be clean, well maintained and have the basic accessories, including safety device as per our maintenance, component and safety standards/equipment specifications attached hereto as Annexure I.
• You must abide by our exclusivity policy, which mandated that vehicle you list on Platform must be exclusively shared on the Platform and can’t appear on another car sharing/leasing platform.
• Your vehicle must meet our minimum insurance requirements of having Third Party Comprehensive Insurance as is mandated under Motor Vehicle Act, 1988.
• Your vehicle must have fewer than 70000 kilometers miles and have never been declared a total loss.
• You must have fitment of the In-Vehicle Devices in your vehicle to ensure safety and tracking of the vehicle.

  
  

• The Lessee must have a valid driving license issued by appropriate authority under Government of India.
• The Lessee must have valid passport, Aadhar number and/or other form of government issued identification document.
• The Lessee must be legally solvent with a minimum monthly income of not less than INR 30,000 as substantiated by bank account statement of 6 months.
• The Lessee must have no recent vehicle accidents in the last year, major traffic violations in the last 1 year, more than 2 recent moving violations and history of non-payment of failure to pay.
• The Lessee must have a clean criminal record, including but not limited to no felony(s), no violent crime(s), theft(s) or offence related to prohibited substance(s).

To access and use the Zoomcar Host Services, you shall have to open an account on the Platform with a valid email address by providing certain complete and accurate information and documentation including but not limited to your name, date of birth, , an email address and password, and other identifying information as may be necessary to open the account on the Platform. Each user may open and maintain only one account on the Platform.

Please see below an indicative list of documents that you will be required to submit as part of the registration process on the Platform. Zoomcar may on a need basis request submission of additional documents as well, as it may deem necessary for facilitation of Zoomcar Host Services.

For Hosts:

1. Registration Certificate.

2. Pollution Under Check Certificate.

3. Car Insurance.

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

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

6. PAN Card

For Lessee:

1. Valid Driver’s License.

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

3. Cancelled Cheque in name of the Host

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

Once you have created an account with us, you are responsible for maintaining the confidentiality of your username, password, and other information used to register and sign into our Platform, and you are fully responsible for all activities that occur under this username and password. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at [email protected] If you interact with us or with third-party service providers, you agree that all information that you provide will be accurate, complete, and current. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party.

By registering on the Platform, each applicant i.e., the Host and the Lessee authorizes Zoomcar and Zoomcar reserves the right, in its sole discretion, to verify the documents submitted by such applicant through the Platform. Zoomcar may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Zoomcar to request, receive, use, and store such information in accordance with our Privacy Policy. Further, Zoomcar reserves the right, at its sole discretion, to suspend or terminate the Zoomcar Services to any of the registered users while their account is still active for any reason whatsoever. Zoomcar may provide any information necessary to the Hosts, insurance companies, or law enforcement authorities to assist in the filing of a stolen car claim, insurance claim, vehicle repossession, or legal action.

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

Once the user account is created, Hosts can onboard and list their vehicle(s) on the Platform for leasing by following the single steps available here https://www.zoomcar.com/zap/subscribe/host . 

Each such listing shall have a defined start time and end time (such period from the Start Time to the End Time being called the “Listing Period”) and choice of Designated Location (as specified below). 

Listing can be created from the Platform at least 1 hour in advance. Host shall ensure the availability of the vehicle at the Designated Location for bookings during a Listing. Each Listing Period shall be for a minimum of 24 hours and a maximum period of 6 months. 

Cancellation / Rescheduling of a Listing: Host shall have the right to cancel or reschedule a listing at any point of time. Charges, as stipulated in the Fee Policy shall be applicable on cancellation or rescheduling of a Listing under certain conditions. 

Designated Location: The vehicle shall be parked at Host’s own location. Host shall ensure that the vehicle is parked in a clean, safe and clearly identifiable location (a “Designated Location”). Host shall have the option of specifying up to 2 (two) Designated Locations within the city limits. Host shall provide Zoomcar detailed directions to the Designated Location(s) for ensuring that Lessees are able to find and access the vehicle. If a Designated Location has restricted access, Host shall ensure that Lessees are able to access the location for a booking to make the pickup process seamless. 

For the use of listing service, you shall allow the personnel/representatives of Zoomcar to visit your premise for assessment of your vehicle and installing the In-Vehicle Device in your vehicle to ensure its complete safety. Upon installation / fitment of the In-vehicle Device thevehicle will be returned to the location designated by you. You hereby unconditionally agree not to tamper or remove such In-Vehicle Devices. You further agree and acknowledge that such installed In-vehicle Devices may require minor modification from time to time and you shall provide full access of the vehicle to Zoomcar or any other party appointed by Zoomcar for the purpose of modification of such devices. In case you remove or otherwise tamper the In-vehicle Devices, you shall be liable to pay Zoomcar the actual cost of such In-vehicle Device. Zoomcar further reserves the right to deduct the foregoing amount from amount to be paid by Zoomcar to you. Both Host and Lessee acknowledge and accept that Zoomcar shall not be liable for any consequential damages arising due to such unauthorized removal and/or tampering of In-vehicle Device by either of the parties For the purpose of this Agreement, “In-Vehicle Devices” means and includes the various devices selected by Zoomcar to be installed in the vehicle for the security, safety, tracking and health monitoring of the vehicle. 

Host hereby expressly consent to any consequential loss and warranty loss such as OEM “Original equipment Manufacture” warranty that you may suffer, as a result of fitment of the In-vehicle Device in the vehicle. Zoomcar will compensate the Host for any consequential losses to the electrical wiring as may be included in the Electrical Warranty provided by the OEM which occurs during the period the vehicle is in use by the Lessee on account of the same. Notwithstanding the foregoing Zoomcar will not provide any compensation upon termination of this Agreement or your account for any other reason whatsoever. You will not fit any other devices in the vehicle other than the In-Vehicle Devices, whether for customer privacy, GPS or otherwise. Upon termination of this Agreement for any reason whatsoever, Zoomcar will be authorised to remove In-Vehicle Device installed in the vehicle and any failure to do so due to a reason attributable to you, will result in a penalty on you as per the Fee Schedule. 

Further, you acknowledge and accept that Zoomcar collects GPS and driver behaviour related data through the In-Vehicle Devices and that the same will be collected even when you are using it for your personal use due to fitment of In-Vehicle Device in your Vehicle. You hereby agree and expressly consent that Zoomcar shall be allowed to collect suchaforementioned data until removal of the In-Vehicle Device from the Vehicle. 

Once the vehicle onboarding process is complete the Vehicle will be listed on the Platform. Your Host listing page will also include information such as your city and area detail where the vehicle is located, your listing description, your public profile photo, your responsiveness in replying to Lessees’ queries, and any additional information you share with other users via the Platform. 

By listing a vehicle, Hosts are agreeing to (i) provide true and accurate information and are representing that the information that they are providing is accurate; (ii) that the photos, contained in the listing are actual photos of the vehicle being advertised, and that they are not misrepresenting their vehicle in any way; (iii) maintain only one active listing, per vehicle, at a time; (e) truthfully represent any claims or allegations of damage; and (f) work in good faith to resolve any disagreement with Zoomcar and the Lessees.

Once your account is created on the Platform, the Lessee will receive confirmation of successful creation of Lessee account from Zoomcar. Thereafter, the verified Lessees can view the vehicles listed on the Platform and send a booking request for your vehicle via the Platform.

The Lessee will be able to (i) book the trip to start at any time of the day subject to availability; and (ii) choose a start time of the trip from the next hour from the time of the booking.

Upon receipt of booking request in relation to a vehicle, Zoomcar shall confirm such booking and communicate details of the final booking with the Host and the Lessee through an email, text message or message via the Platform confirming such booking.

By accepting these terms relating to the online booking process, the parties hereby acknowledge and agree that (i) each of the Host and Lessee accept the conditions for listing the vehicle on the Zoomcar Platform and use of Zoomcar Services. (ii) Zoomcar is merely a facilitator and any arrangements entered into between Host and Lessee through this Platform or otherwise is solely at their’ own risk and expense.

The parties, specifically the Lessees understand that this Agreement only grant rental/usufructuary/ limited rights of use over the vehicle, and all along the absolute and unencumbered ownership of the vehicle for all intent and purposes, including for regulatory requirement under the applicable laws in India, will remain with the Host. This Agreement will cover all terms of listing and availing of Zoomcar Host Services and the Lease Agreement (as defined under) shall cover the terms of the subsequent booking as agreed between the Host and the Lessee, including Damage Protection Fee (defined below), liability for violations, theft/accident, confiscation of vehicle, insurance, issues related to the use of the vehicles, and so on. It is hereby clarified, and the Host and the Lessee acknowledge that Zoomcar is not the owner of the vehicles listed on its Platform and is merely a facilitator as provided under this Agreement.

Upon acceptance of the booking by the Host, the Host and Lessee will be required to duly enter into a standard lease agreement (“Lease Agreement”) to formally execute the terms and conditions and commercials for such booking to ensure compliance with the requirements of applicable law. Zoomcar shall assist both the Host and the Lessee with the electronic execution and record keeping as a part of its Zoomcar Host Services. The Lessee understands and accepts that the trip cannot start unless the Lease Agreement is duly executed over our Platform.

The Lease Agreement will cover all terms of lease as agreed between the Host and the Lessee (collectively the “parties”) including Lease Rental, Damage Protection Fee (defined below), liability for any traffic and/or parking violations, theft/accident, confiscation of vehicle, insurance, issues related to the use of the vehicles, Lessee’s obligations, dispute resolution and so on. Upon execution of the Lease Agreement and delivery of the Vehicle to the Lessee, the Host shall constitute the demise of the vehicle to the Lessee (defined as “Lessee”, on the terms and conditions contained therein (“Lease Agreement”).

By utilizing a separate Lease Agreement or otherwise displaying terms relating to the lease as part of the online booking process, the parties hereby acknowledge and agree that (i) such separate Lease Agreement is directly between the Lessee and the Host; (ii) the Zoomcar is not party to such separate Lease Agreement, (iii) Lease Agreement executed, is solely at the parties’ own risk and expense, (iv) nothing contained in the Lease Agreement, on the Platform or this Agreement is a substitute for the advice of a legal counsel and (v) the parties have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary the Lease.

Agreement to ensure compliance with applicable laws. If there is any conflict between the terms of a separate Lease Agreement and this Agreement, the terms of this Agreement shall prevail.

Any instances where the Host and the Lessee enter into a lease, rental or similar/analogous arrangement involving the hiring/sharing/renting of the listed vehicle (by whatever name called) with an intention to circumvent the Platform, while using, attempting or intending to wrongly benefit from Zoomcar Host Services or any other services on the Platform, including without limitation, the additional insurance coverage (herein any such arrangement to be referred as (“Offline Arrangements”) shall be contravention of this Agreement. Please note that such Offline Arrangements are not permitted for vehicle/s listed on the Platform. If any such offer to lease a listed vehicle outside the Platform, is made to/by either Parties (Host or the Lessee), the same should be reported to Zoomcar immediately. If you fail to follow these requirements, you may be subject to a range of actions, including limits on your access to Zoomcar Host Services and other services, restrictions on listings, suspension of your account, application of Facilitation Fees, and recovery of our expenses in policy monitoring and enforcement. Furthermore, Offline Arrangements are explicitly excluded from any Zoomcar offered insurance coverage or claims and Zoomcar shall in no case be held liable for any damages (direct or indirect), consequential losses, loss of profit/business as faced by Host or the Lessee entering into such an arrangement.

Soon after the execution of the Lease Agreement the Host shall:

• have the vehicle is cleaned, sanitized and kept ready for delivery (including servicing and routine maintenance) as per our maintenance, component and safety standards/equipment specifications in Annexure I or opt for Zoomcar’s Add-on Service in this regard, details and terms available on the website.

• keep the vehicle Key(s), original documentation of the Vehicle, including the registration certificate, Vehicle Insurance policy, Pollution Under Control (PUC) Certificate and other mandatory documents, if any, prescribed by the relevant authorities under Applicable Laws (the “Vehicle Documentation”) ready for delivery.

• ensure that the vehicle is delivered Lessee at the Designated Location and at the specified time.

The Lessee can opt to take delivery of the vehicle, vehicle key(s) and Vehicle Documentation from the Designated location on the agreed Delivery Date or opt for our Delivery Add-on Service (for contactless vehicle delivery to your doorsteps. If the Lessee opts for home delivery of the vehicle, any risk, damages to the vehicle in transit to the Lessee’s location will be treated as an accident case and the repair will be covered as per the insurance policy.

The Lessee must be present in-person to take or receive the delivery of the vehicle. The Lessee must examine the vehicle before accepting its delivery and shall deemed to have satisfied himself as to its condition and suitability for his/her purpose, and its compliance with any prescribed safety standards. After the delivery, any fault in the car shall be dealt with in accordance with the terms of the Lease Agreement.

Cancellation of Booking / Reduction of Booking Period: If the Lessee wishes to cancel a booking or reduce the booking period for which the vehicle has been reserved, Lessee must do so in advance, in pursuance of the Fee Policy. Furthermore, if the Lessee refuses and/or is unable/unwilling for any reason to accept delivery of the vehicle, the booking shall be automatically cancelled and the any Lease Rental paid in advance shall stand forfeited to compensate the Host for the costs, charges, expenses, losses incurred by the Host arising out of such an action of the Lessee, in pursuance of the Fee Policy. In case of any loss suffered by the Lessee due to non-delivery, delay in delivery, failure in delivery, the Lessee will not hold Zoomcar responsible for such loss.

The vehicle shall be driven only by the Lessee and used in a prudent and careful manner solely for Lessee’s personal use within the territory specified in the Lease Agreement (“Permitted Territory”), in strict compliance with the requirements of the applicable Laws of India and the conditions of the Lease Agreement (the “Permitted Use”).

Other than the Permitted Use, all other uses of the vehicle including the usages as listed in the Lease Agreement (by the Lessee and/or any other person(s) directly or indirectly acting through, authorised by or on behalf of the Lessee), are strictly prohibited (the “Prohibited Uses”) and shall result in immediate termination of the Lease and Zoomcar Host Services without any notice to the Lessee. The Prohibited Uses shall more particularly be described in the Lease Agreement between the Host and the Lessee.

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

1. Facilitation Fee:

Zoomcar shall be entitled to charge the Host a fee in lieu of provision of Zoomcar Host Services (“Facilitation Fee”). This Facilitation Fee shall be calculated as a certain percentage (more particularly described in Fee policy) of the Rental. The Facilitation Fee shall be deducted from the Lease Rental at the time of pay-out to Host.

2. Damage Protection Fee:

At the time of booking a vehicle, the Lessee shall have to pay upfront a fee for insuring the vehicle at the time of the trip and (“Damage Protection Fee”). Zoomcar shall facilitate such protection plan from time to time on payment of such Damage Protection Fee.

3. Pay-out to the Host:

For the first 3 months from onboarding of the vehicle (“Initial Pay-out period”), the Host shall be eligible to a pay-out solely on basis of the period for which the Host has listed the vehicle on the Platform This pay-out shall be calculated as a fixed amount on an hourly basis, shall vary as per the vehicle type and is calculated as per the parameters under the Fee Policy. After the Initial Pay-out Period, this model will be suspended, and the Host shall be paid on the basis of the Lease Rental as paid by the Lessee post deduction of the Zoomcar Facilitation Fee as applicable.

4. Lease Rental:

For Lessee: The Lessee shall be liable to pay a fee (“Lease Rental”) for leasing the vehicle and it shall be inclusive of the applicable taxes (if any) in force. The same is dynamic and subject to vehicle type, booking distance and dates, location etc, and shall be payable as per the terms and timelines mentioned in the Fee Policy. All such payments shall be made by the Lessee over the Zoomcar Platform and payment to Zoomcar shall be considered the same as payment made directly to the Hosts by the Lessees.

For Host: After completion of the Initial Pay-out Period, the Host shall be paid on the basis of bookings made and shall receive the Lease Rental paid by the Lessee on the hourly tariff during booking period. The same shall be remitted to the Host, post deduction of any Facilitation Fee, charges for any add-on services (if availed by Host), and applicable taxes (if any).

The Pay-out Cycle for remitting such Lease Rental to the Host shall be on a weekly basis and amounts for the previous week (ending on Sunday) shall be credited to Host’s account on the next Saturday.

5. Other payments, refunds, and penalties:

5.1. In addition to the above Lease Rental and the Damage Protection Fee, the Lessee shall also be liable for the following as described in the Fee Policy:

- Default interest and reminder fee for late payments.

- Add-on Charges (if availed) for services like home delivery facility or addition of a co-driver for the trip.

- Charges for cancellation, rescheduling, extension of booking period, late return or returns at wrong location shall be levied as per the Fee policy.

- Charges for loss of keys, documents, unpaid tolls, traffic violation penalties.

- Cost for any damages which may include both cost of repair as well as insurance cover as per the standard rates in the Fee Policy.

5.2. The Lessee acknowledges and agrees that he/she shall be liable to pay such charges on occurrence of any of the above-mentioned event/s and and hereby authorizes Zoomcar, to set off any amounts as may be due from Zoomcar to the Lessee against any amounts that may be payable by the Lessee under this Agreement, as the case may be.

5.3. Lessee also acknowledges and agrees that Zoomcar shall have the right to prohibit the Lessee from making a subsequent booking on the Platform until all outstanding fees in the Lessee's account have been paid in full.

5.4. The Lessees also understands and agrees that Zoomcar may charge additional fees for failed payments, returned/cancelled checks. The Lessee will be responsible to reimburse us for all costs of collection, including collection agency fees, third party fees, and legal fees, and costs.

5.5. If you are a Host, you understand, acknowledge, and agree that Zoomcar may set the booking/reservation fee for your vehicle as per the Fee Policy. Zoomcar will adjudicate the booking/reservation fee on your behalf, which means processing the Lessee’s [credit/debit card], retaining the Facilitation Fees and other add-on services fee, if any, commission and remitting such funds to you as provided in this section.

5.6. Zoomcar reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, in the event of any account information is lacking or mismatched or in the event of where there has been any breach of this Agreement by you, pending Zoomcar’s reasonable investigation of such breach.

6. To ensure proper payment, both Lessee and the Host are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes, without limitation, applicable tax information and Zoomcar shall in no case be held liable on account of any error in payments due to information wrongly provided by you.

7. Notwithstanding anything contained herein, it is clarified that Zoomcar shall in no way be responsible or liable for any direct/indirect penalties, charges, etc. levied by any tax authorities on Host and shall penalize and seek reimbursement from the Host in the event such liability is extended to Zoomcar due to Hosts default

8. If you dispute any payment made hereunder, you must notify Zoomcar in writing within 5 days of any such payment; failure to so notify Zoomcar shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Zoomcar.

9. In the event of a conflict between this Clause and terms of the Fee Policy, the terms set forth in the Fee Policy shall prevail.

In connection with use of or access to the Zoomcar Host Services the Host shall not, and hereby agrees that it will not, nor advocate, encourage, request, or assist any third party in activity or otherwise, to harm or threaten to harm users of our community, including but not limited to, (i) "stalking" or harassing any other Lessee or Host of Zoomcar community or user of the Platform (ii) collecting or storing any personally identifiable information about any other member or associate of Zoomcar community, other than as specifically agreed / allowed herein (iii) engaging in physically or verbally abusive or threatening conduct; or (iv) using our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers.

Checklists help us ensure that all information regarding the vehicle, the trip and customer experience are captured so we can serve the Hosts and Lessees better. Accordingly, Host shall be responsible for filling:

• “Car Ready Checklist” within 12 hours of listing start time. If the Host fails to fill it within mentioned timelines, then the listing gets cancelled automatically.
• “Booking End Checklist” within 12 hours of the booking end time or the start time of the next booking. If the Host fails to fill the checklist within the above stipulated timelines, then the last available information with Zoomcar (for e.g. from the Lessee checklist) shall be deemed as final for the closure of the booking.

Both parties shall be responsible to ensure compliance with the provisions of the Lease Agreement at times during the Lease Term and until the return of the vehicle to the Host in good working condition. In addition to other obligations and covenants under the Lease Agreement, as regards the use of the Vehicle during the aforesaid period the Lessee shall:

• at his/her expense maintain the cleanliness, condition, and appearance of vehicle in as good an operating condition as it was on the commencement date of the Lease Term.
• use the Vehicle only for the Permitted Use in conformity with the Host’s manual instructions provided as part of Vehicle Documentation, applying the same degree of care when using the vehicle as would ordinarily be exercised if it belonged to the Lessee and strictly refrain from Prohibited Use of Vehicle and other requirements as laid down more particularly in the Lease Agreement under the Section “Terms of Vehicle Usage”
• ensure the safekeeping and presence of the Vehicle Documentation in the vehicle. If these documents are lost or stolen, the Lessee will be charged the cost of obtaining duplicates and be remitted to the Host along with all other charges for damages and Lease Rental as payable to the Host

All instances of accident, damage, theft, traffic violations and confiscation of or involving the vehicle during the Lease Term shall be handled by the parties in accordance with the provisions of the Lease Agreement, including alleged damage or other issues. The Hosts and the Lessees further agree to honestly represent any claims or allegations of damage and to work in good faith with each other to resolve any disagreement in keeping with the terms of the Lease Agreement.

The Host shall maintain a minimum of third party comprehensive insurance as mandated by Motor Vehicles Act, 1988 for the vehicle with an insurance company of its choice (“Vehicle Insurance”).

The Lessee shall be responsible for payment of all expenses associated with any risks and ensuing damage to the vehicle including without limitation theft, partial or total destruction etc.

In doing so, the Lessee shall be required to avail trip protection plans/insurance through the Platform and shall be required to avail so at requisite fee (Damage Protection Fee) over and above the Lease Rental. Lessee acknowledges and agrees to abide to the terms and conditions pertaining to the trip protection plan/insurance, including without limitation its coverage, exclusions and process of invocation.

All claim payments from the insurance company shall be made to Host via the Platform or to designated workshops.

Platform shall assist the Lessee in administration of claims with the insurance company.

The Host understands and undertakes that he/she shall not act in a manner contrary or prejudicial to the Platform or the Lessee and extend his/her full cooperation and participation at the time of any such claim being invoked under the trip protection plan/insurance.

The Host also understands and agrees that in the event that the Host refuses, interferes, prevents the administration of the claim in any manner or repossesses the vehicle which is undergoing any maintenance/repair due to invocation of insurance, he/she shall forfeit any rights to claim damages from the Lessee/ insurance company as the case maybe. Neither Zoomcar nor the Lessee will be liable to make good any damages in such situation and shall stand discharged of all liabilities therein.

The Lessee shall not do or omit to do or be done or permit or suffer any act which might or could prejudicially vitiate or affect any such insurance and shall at all times extend full cooperation so that the claims can be effectively administrated and invoked with the insurance company

The Host also understands and agrees that for the events including but not limited to the below listed, the vehicle shall not be protected under any trip protection plan/insurance. if:

•  The damage occurs when the vehicle was in possession of Host and/or occurs due to deliberate/negligent acts of the Host itself.
• Any damage arising due to normal wear and tear of the vehicle or depreciation in quality or value of the vehicle as such including but not limited to self-heating, electrical arcing or leakage etc.
• Any specific exclusions as maybe listed by the insurance company in such a trip protection plan/insurance.

In case of total loss of vehicle, the Host understands and agrees to bind themselves to the depreciation level as prescribed under law or as prescribed by the relevant insurance company in line with market practice.

The Lessee also understands and agrees that certain damages/incidents as listed below are not covered under such trip protection plans and the Lessee will fully and personally be held liable for all costs and damages.

The following shall not be covered under trip protection plan/insurance:

Any deliberate act of damaging the vehicle by the Lessee or any of his/her co-driver.

• Any damage to the vehicle due to negligence or rash driving on part of the Lessee.
• The Lessee was tested with alcohol in blood or breath or used drugs and or other stimulants prohibited by the law.
• The Lessee used the vehicle in a manner that is in contravention of law or the traffic regulations (over speeding, driving in restricted areas or any other illegal usage for racing/commercial usage etc).

In the event of any damage, theft, or destruction of the Vehicle during the Lessee shall promptly inform the Platform and render all documentation and information including but not limited to information about the accident, assistance in filing of FIR or other relevant details as maybe necessary to invoke a claim with the company providing the trip protection plan/insurance with the assistance from the Platform.

Accordingly, the Lessee shall pay to the Host, the amount of loss and/or damage not paid under the trip protection plan/insurance and be liable for the following:

In case of Damage:

The difference, if any, between the actual amount incurred in repairing the damage to the vehicle and the amounts recovered/to be recovered under the Vehicle Insurance.

In case of theft/total loss of the Vehicle:

● The shortfall between the claim amount received under the trip protection plan/insurance, and the book value of the vehicle at that time of its theft/total loss.

● If usage of vehicle at the time of its theft/total loss exceeds the Agreed Mileage (defined below), charge of the excess mileage incurred as per the rate specified in Fee Policy.

● other cost/expense incurred by the Host for/in respect of assessment loss suffered by the vehicle and possibility of its restoration.

● other charges, if any, remaining unpaid by the Lessee under the Lease Agreement.

Notwithstanding any such additional trip protection plan/insurance availed, under no circumstances shall Zoomcar be held liable towards the parties or a third party for any loss or damage that may be suffered by the parties or a third party, whether or not the same may be attributed to parties.

Upon the expiry of the Lease Term or earlier termination of the Lease Agreement (except termination on account of theft or total destruction/loss of the vehicle), Lessee must at his/her own cost return the vehicle in the almost the same order and condition, as the Vehicle was at the time of commencement of the Lease Term, except normal wear and tear, with Vehicle Documentation, vehicle’s key, key fob, in-vehicle devices and other starting device in its designated position in the vehicle to the Specified Location within the period specified in the Lease Agreement.

If however, in case:

● The Lessee returns the vehicle at a place other than the Designated Location, the Lessee will be charged the cost of transportation of the vehicle from such place to the Designated Location.

● The Lessee does not return the Vehicle within the specified period, Lessee will be charged late return penalty specified in our Fees Policy till such time as the vehicle is returned the Host and also the costs, expenses, charges etc. incurred by the Host for repossession of the vehicle.

● Damage cause to the returning vehicle, other than excepted wear and tear, the Lessee will be charged penalty for such damages at the rate specified in our Fees Policy and approximate costs, expenses, charges for restoration of the vehicle to its original condition.

● Any item provided with the vehicle is lost, including without limitation its key, key fob, in-vehicle devices, other starting device to the vehicle or any component(s) of the vehicle, Vehicle Documentation is missing, the Lessee will be charged with (a) Lease Rental (pro-rated on hourly basis) until the missing item is returned safely to the Host; and (b) an inconvenience fee if the lost items are not returned and need to be replaced.

● The actual usage of the vehicle by the Lessee exceeds the Agreed Mileage, the Lessee shall pay the excess mileage charge as per the rate specified in our Fees Policy.

THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

 THE TERMS "WE/US/OUR/ZOOMCAR" INDIVIDUALLY AND COLLECTIVELY REFER TO ZOOMCAR INDIA PRIVATE LIMITED AND THE TERMS "YOU/YOUR/YOURSELF" REFER TO THE USERS/MEMBERS UNDER MEMBERHSIP AGREEMENT.

 THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND ZOOMCAR (BOTH TERMS DEFINED ABOVE).

 THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000; THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION.

 PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL & IRREVOCALBLE CONSENT TO ZOOMCAR FOR THE PURPOSES PRESCRIBED UNDER INCLUDING BUT NOT LIMITED TO PROVISIONS OF SECTIONS 43A, 72 AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.

 This Privacy Policy (the “Policy”) sets out how ZOOMCAR collects, uses, protects & shares any information that you give to us, when you use this website i.e. www.zoomcar.com including its m-application (the “Website”). ZOOMCAR is committed to ensure that your privacy is protected to all possible, reasonable and commercial extent, as your privacy on the Internet is of the utmost importance to us. Because we gather certain types of information about You in order to provide, protect, maintain and improve our services, We feel You should fully understand the Policy surrounding the capture and use of that information and solicit Your full attention towards it.

By providing us your Information or by making use of the facilities provided by the Website, You hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by ZOOMCAR, as specified under this Policy. You further represent and warrant that such collection, use, storage and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person.

 This Policy is a legally binding contract between You and ZOOMCAR, whose Website, You use or access or You otherwise deal with. This Policy shall be read together with the other terms and condition of the Website viz, Membership Agreement and Fees Policy being displayed on the website

www.zoomcar.com.

When You apply for or maintain an account with ZOOMCAR, We collect certain personally identifiable information (“Personal Information”), such as: Your name, age, gender, photograph, contact preferences telephone number, mailing address, including but not limited to permanent and current residential addresses, e-mail address, financial information, internet protocol address, history of Your transactions ( booking and payment history), any other items of sensitive personal data or information, as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000, identification code of Your communication device which You use to access the Website, any other information that You provide during Your registration, use of availing of services via Website and other relevant documents viz; driving license and additional address cum identity proofs, as prescribed under the Membership Agreement of ZOOMCAR. By providing information to create a user account or complete Your user profile, You expressly and voluntarily accept this Policy and You shall be deemed to have voluntarily consented to authenticate Yourself with a government issued photo identity document which also contains your address, other than driver’s licence, (hereafter “Government-issued ID”) and hereby give Your voluntary consent for seeding identification details as provided in Government-issued ID to all Membership requirements and to provide Your identity information for authentication for the purpose of availing of the Services and to enforce any breach committed by you of the Memberships Agreement through police, government/enforcement authority or court of law.

 In pursuit of excellence in the services offered few other personal information that We collect includes the following:

 Vehicle Use Data: Vehicles will contain hardware that gathers and transmits information about vehicle use. This is done as a security measure against accident or theft and also to provide You with valuable services and information, such as other drivers' data.

 Location Tracking: To prevent theft, and to allow us to locate You in case of emergency, accident, lock-out, etc., We track the location of your vehicle. Your location information will be confined to ZOOMCAR’S service, and we endeavour not to make your location or movements’ public unless it is required under personal, medical and legal (recovery and insurance) exigencies. As part of our service, the location of your vehicle may be released to insurance companies, the police, courts, tribunals or similar law enforcement agencies, in the course of an investigation and/or accident claim, and to provide assistance in emergencies. Information regarding the location of each vehicle on ZOOMCAR’s Website is also transmitted to ZOOMCAR.

 Driver and vehicle Information: As a member of ZOOMCAR’s Website, you authorize us to access Your driver’s record, vehicle travelled history report pertaining to Your ride/trip from all applicable entities and authorities’. Moreover, You authorize all DMVs, RMVs, auto mechanics and all other entities and interested parties to release information to us regarding Your driving record and vehicle travel history.

 You have the right to request to ZOOMCAR to discontinue the use of Your personal information. To withdraw Your consent to our collection and processing of Your information in future, You may do so by closing your account. However, the registered mobile number and transactional details shall be collected and stored in an anonymized manner data for accounting and security purposes. Should you choose to sign up your account using the existing number in our database, first time user (“FTU”) discount benefits shall not be applicable to YOU and/or on YOUR account. Please note that in case there is an outstanding payable at your end or if there is an ongoing/upcoming booking or listing on Zoomcar Platform made by you, to withdraw your consent or seek deletion of data collected or being processed by us you shall have to clear the payables or complete/cancel the booking/listing (as the case maybe).

 As you access and use our services we collect information such as, but not limited to - phone number, email address, device make-details and IP address. We may disclose to third party services like Get Simpl certain information to ensure fraud prevention and PayLater check out experience. The information may also be disclosed to third party vendors like call centers and customer care vendors for the purpose of carrying out services as provided by Zoomcar. Please refer to the third party privacy policy for more details.

We also collect non-personal information – data in a form that does not permit direct association with any specific individual, including browser You use, usage details and identifying technologies. We may use, transfer, collect and disclose non-personal information for any purpose. If We do combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.

Aggregate Information: We may share non-personally identifiable information (such as referring/exit pages, anonymous usage data, and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain ZOOMCAR’s services.

Third-party ad servers or ad networks may serve advertisements on the Website. These third-party ad servers or ad networks may automatically receive Your internet protocol address, when they serve ads to Your Internet browser. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. However, please note that if an advertiser asks ZOOMCAR to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad-server may conclude that You fit the description of the audience they are trying to reach. ZOOMCAR’S Policy does not apply to, and we cannot control the activities of, third-party advertisers.

Cookies:

We use various technologies, including “cookies”, to collect non-identifiable information. A cookie is a piece of data that any website can send to Your browser, which may then be stored on Your computer as an anonymous tag that identifies Your computer but not You. To enhance Our Service, some ZOOMCAR pages use cookies, sent by ZOOMCAR or its third party vendors, or other technologies. You may control the effect of cookies through Your browser settings, however some features of ZOOMCAR’s Service may not work properly if Your use of cookies is disabled.

We may also use Web beacon or other technologies, often in conjunction with cookies, to enhance Our Service on a number of pages of ZOOMCAR’s Website. A non-identifiable notice of a visitor’s visit to a page on ZOOMCAR’s site is generated and recorded, and which may be processed by us or by Our suppliers. To disable some of these features, You may disable cookies in Your web browser’s settings. Web beacon and other technologies will still detect visits to these pages, but the notices they generate are disregarded and cannot be associated with other non-identifiable cookie information.

ZOOMCAR only shares Personal Information with third parties in the following limited circumstances:

i) To provide other businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on Our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.

ii) We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request including to law enforcement and in response to a court order, (b) detect, prevent, or otherwise address fraud, technical or security issues, (c) enforce applicable terms and conditions of the Website including but not limited to Membership Agreement, Privacy Policy and Fees Policy, which may be further extended to investigation of potential violations thereof, or (d) protect against harm to the rights, safety or property of ZOOMCAR, its Users or the public as required or permitted by law.

iii) To protect and recover ZOOMCAR’s assets viz; vehicles/ outstanding.

iv) To protect Ourselves against third-party claims.

v) We reserve the right to transfer any/all personal information We have about You in the event that We sell or transfer all or a portion of Our business or assets.

vi) We partner with outside companies to provide You with additional services related to ZOOMCAR, such as ride-sharing, referral programmes or parking benefits. When You purchase, register, or otherwise express interest in a product or service offered by a third party through ZOOMCAR or sponsored on Our Website, You consent to Our sharing your personal information with those parties. Participation in rewards programs, discount offers, contests, or other programs that involve third parties, authorizes ZOOMCAR to share Your personal information with those parties. A third party’s use of Your information is bound by contracts and agreements between ZOOMCAR and the third party. We only share information reasonably needed to provide additional services, and such shared information may be bound by other privacy arrangements. By sharing this information, You agree that ZOOMCAR is not liable or responsible for the actions or inactions of third parties.

vii) ZOOMCAR may transfer/disclose/share information to those parties who support Our business, such as providing technical infrastructure services, analysing how Our services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, or conducting academic research and surveys.

This Website may contain links to third-party websites, products, and services. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage You to learn about the privacy practices of those third parties. We cannot be responsible for these policies.

We take precautions – including administrative, technical and physical measures – to safeguard Your personal information against loss, misuse or theft, as well as against destruction, alteration, disclosure and unauthorized access. For this purpose, ZOOMCAR adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems, where ZOOMCAR stores Your Personal Information., provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release ZOOMCAR from any claim of damages under contract or under tort.

When You use Our services or post on the Website, some of the Personal Information You share is visible to other users and can be read, collected, or used by them. You are responsible for such Personal Information You choose to submit in these instances. For example, if You list Your name and email address on the Website, that information is public. Further, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password.

ZOOMCAR may share Your Information with third parties under a confidentiality arrangement, which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the purposes defined under the respective confidentiality arrangements. However, ZOOMCAR is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. ZOOMCAR is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on the Website).

Notwithstanding anything contained in this Policy or elsewhere, ZOOMCAR shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).

A "Force Majeure Event" shall mean any event that is beyond the reasonable control of ZOOMCAR and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond reasonable commercial control of ZOOMCAR), power or electricity failure or unavailability of adequate power or electricity.

While We will endeavour to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information. Please exercise reasonable caution when determining what Personal Information You disclose via the Website.

You agree that all Personal Information shall be retained till such time required for the purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.

Please note that this Policy may change from time to time. We will post any Policy changes on the Website and without prior notice to You. Please review the Policy each time You use the Website. By Your continued use of the Website, You impliedly consent to the terms of the revised/updated Policy, if any.

If You find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of Your Personal Information under this Policy or any terms of ZOOMCAR’s Membership Agreement, Privacy Policy, Fees Policy etc. please reach out to our grievance officer at [email protected]

While ZOOMCAR may retain any correspondence sent by You, it does not intend to collect or save any information from children 15 years of age and younger.

ZOOMCAR reserves the right to remove or edit content, refuse service, terminate accounts, or cancel plans or orders at its sole discretion.