Terms And Conditions for Cars
1.1. The Services are available only to persons who can enter legally binding contracts under Indian Contract Act, 1872 and are above the age of 20 years, holding a valid driver s license, without previous criminal records and without any restrictions on driving due to any medical conditions or any other restrictions imposed under any law including but not limiting to the Motor Vehicles Act, 1988, as amended from time to time.
1.2.ORIGINAL Aadhaar is mandatory at the time of pick-up.
1.3. Persons who are not-competent to contract within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, and person of unsound mind are not eligible to use the Platform or avail the Services.
1.4. Any person under the age of 20 shall not register as a User of the Platform and shall not transact on or use the Platform.
1.5. ZopRent cars reserves the right to terminate any User s membership and/or refuse to provide such User with access to the Platform and/or initiate appropriate action against any User if it is brought to ZopRent cars notice or if it is discovered that such User is not eligible to use the Platform and/or avail the Services.
2. RESPONSIBILITIES OF THE USER
2.1. The Vehicle shall be self-driven by the User only and the User shall not assign/sub-rent/license the Vehicle to any other person whatsoever.
2.2. The User through whose account the Services are availed shall be responsible for compliance of these Terms and Conditions and other laws, such User shall be liable for all losses including but not limited to claims, actions, demands, damages, penalties, fines, liability arising in case of contravention with these Terms and Conditions or any law.
2.3. The User shall present the original photo identity documents as well as the driving license uploaded on the Platform while availing the Services, at the time of obtaining delivery of the Vehicle, failing which ZopRent cars shall be entitled to refuse the delivery of the Vehicle and cancel the Services. In such an event both booking amount and security amount shall be forfeited and no refund will be made.
2.4. GPS navigation device and/or child safety seat may be made available on prior request with additional charges, subject to availability. User shall be responsible to install the child safety seat in a secure manner and verify the safety of the child safety seat. ZopRent cars will not be liable for any injury, damages or any other occurrence as a result of child restraints not being correctly fitted or used.
2.5. The User will provide contact details of an emergency contact while availing the Services on the Platform.
2.6. The User will intimate ZopRent cars, about the destination where the Vehicle will be driven and the route taken to reach such destination.
2.7. The User shall return the Vehicle, to the agreed return location and on the date and time specified in the Invoice, unless the User requests and ZopRent cars agrees to an extension in writing, or sooner upon demand being made by ZopRent cars.
2.8. Upon the User's request, ZopRent cars may provide for a pick up facility of the Vehicle from the User, the charges for such facility will be as mentioned in the Invoice or as intimated by ZopRent cars to the User while processing such request.
2.9.The User shall ensure that the Vehicle at the time of return is in proper operating condition, undamaged and clean.
2.10. In event of any damage caused to the Vehicle, other than normal wear thereof, the User agrees to repair and/or replace the damaged Vehicle part at his own expense with a new Vehicle part of the same dimension/branding an authorized service centre for such Vehicle as intimated by ZopRent cars and after obtaining prior approval from ZopRent cars.
2.11. In case of loss or damage to any of the papers or documents pertaining to the Vehicle during the Rental Period, the User will pay ZopRent cars all the expenses incurred by it in applying for such documents and the User will also be liable to pay a fine of INR 10,000 (Rupees Ten Thousand only)* to ZopRent cars upon demand.
2.12.The Vehicle, including the odometer of the Vehicle shall not be damaged or tampered with, and in case of such damage or tampering, the User shall be liable for cost of replacement of the same. ZopRent cars judgement on the damage and/or tampering with the Vehicle, the odometer shall be final.
2.13. The User shall not damage, tamper, remove or make any changes to the registered number plate of the Vehicle. In case of violation of this requirement, the User shall be liable to pay such penalties as imposed by ZopRent cars at its sole discretion. Additionally, ZopRent cars reserves the right to take legal recourse against the User as deemed fit by ZopRent cars.
2.14. No smoking is permitted inside the Vehicle. Failure to comply with this requirement may lead to the immediate cancellation of the Services, without a refund. Moreover, the User may be held liable for the charges related to cleaning the Vehicle, as well as any damage caused by burns to any part of the Vehicle including without limitation the seats and/or the carpets (flooring).
2.15. The User's acceptance of delivery of the Vehicle will be considered as the User's acknowledgment of having received the Vehicle in good condition. The User shall be solely liable for cost of all fuel consumed during the Rental Period.
2.16. User is permitted a buffer of 30 (Thirty) minutes for returning the Vehicle subject to payment of late returning charges as mentioned in the Invoice and as intimated on the Platform at the time of availing the Services, post which next hour rental will be applicable, as the case may be.
2.17.The User shall return the Vehicle in the same good order and condition, as had been delivered to the User. The decision of ZopRent cars in respect of the order and condition of the Vehicle and Vehicle Parts shall be final.
2.18. The vehicle will be returned to ZopRent cars with same fuel quantity as was provided. In the event User does not provide the fuel as has been mentioned, ZopRent cars shall have the right to charge the User for the deficit quantity of the fuel.
2.19. If the Vehicle requires cleaning or washing after the User has returned it, the User will be held liable for the cleaning or washing expenses. The decision of ZopRent cars in respect of the need for cleaning or washing the Vehicle shall be final.
2.20. The User shall take all necessary steps to protect the interest of ZopRent cars and of its insurance company and shall ensure that the Vehicle is not used for any purpose not permitted by the terms and conditions of the relevant policy of insurance nor do or allow to be done any act or thing where by any such policy of insurance may be avoided nor taken outside any territorial limit stipulated in such policy of insurance. The User shall further participate as an insured under an automobile insurance policy. The User is bound by and agrees to the terms and conditions thereof. The User agrees further to protect the interests of ZopRent cars and its insurance company, at its entire cost and expense, in case of an accident or theft by doing the following, as applicable:
a)Taking reasonable steps to secure medical attention to the injured person and ensuring that a registered medical practitioner immediately attends the injured person and renders medical aid to him.
b) Notifying the police immediately if another party s guilt has to be ascertained, or if any person is injured.
c) Not admitting liability or guilt or giving money to any persons involved in the accident before obtaining the written consent of ZopRent cars.
d) Give on demand by a police officer any information required by him or, if no police officer is present, report the circumstances of the occurrence to the nearest police station and in any case within 24(Twenty Four) hours of the occurrence.
e) Contacting ZopRent cars immediately by telephone or e-mail and forwarding a copy of FIR (if applicable) and/or summons complaint or paper in relation to such loss even in case of slight damage; further completing ZopRent cars accident report, including diagram as required on return of Vehicle.
f) Provide all assistance to ZopRent cars, in claiming insurance from the insurance company by providing all the necessary information and/or documents required by ZopRent cars including but not limited to date, time and place of accident, particulars of the persons injured or killed in the accident and name of the driver and the particulars of his driving licence.
g) Pay ZopRent cars on demand, any expense incurred by it in repairing or replacing the car, regardless of the insurance coverage.
h) Obtaining names and addresses of the parties involved in the accident, and of witnesses.
i) Not abandoning the Vehicle without prior written approval of ZopRent cars.
2.21. The User agrees that the Vehicle shall not be operated:-
a)To transport goods or animals in violation of customs regulations or in any other illegal manner.
b)To carry passengers or property for a consideration express or implied.
c)To propel or tow any vehicle or trailer.
d) In motor sport events (including racing, pace making, rallying, reliability trials, driving lessons speed testing, off-roading events and any other events of similar nature).
e) The User will not decorate the Vehicle and/or affix any ornament, ribbons, flowers or any such decorative item on the exterior as well as inside of the Vehicle.
f)By the User or any other person under the influence of alcohol or drugs or with a blood alcohol concentration above the limit prescribed by the applicable law.
g) By any person other than the User; in the case of a breakdown or accident, by a motor vehicle mechanic provided that he is duly qualified and licensed and holds a valid driving license.
h) Outside geographical boundaries of the Republic of India without the written consent of ZopRent cars.
i) To drive the Vehicle in off-road areas, hilly terrains, water bodies and/or terrorism/naxal affected areas.
j) User will not take the Vehicle to any area which has recently witnessed or is an area which is prone to riots, naxal or terrorist attacks. User will exercise his judgement and at all times during the Rental Period use the safest and most appropriate routes while driving the Vehicle.
2.22. That User shall during the Rental Period:
a)Always lock the Vehicle when not in use and ensure that it is adequately protected against damage due to adverse weather conditions, arson, riot, theft, etc.
b) Not allow any person other than personnel of an authorized service center without the prior authorization of ZopRent cars to carry out any work of any nature in any manner on the Vehicle.
c) Not hold him/her out as or purport to act as the agent of ZopRent cars for any purpose whatsoever.
d) Be fully responsible for any loss or damage caused to the Vehicle howsoever occasioned other than normal wear and tear. The User shall give immediate notice to ZopRent cars and subsequently confirm in writing by sending through speed post/courier and also e-mail within 24 (Twenty Four) hours of any loss or damage caused to the Vehicle or any break down, malfunction or other failure thereof. The obligations of the User hereunder shall not be prejudiced by the existence of any policy of insurance in respect thereof. The User shall not continue to use the Vehicle in the event of damage to or a breakdown of the Vehicle if to do so would or might cause further damage to the Vehicle.
e) Not permit any pets inside the Vehicle.
f) Not consume any food inside the Vehicle.
g) Neither remove nor change or tamper with the number plate, any name or other mark identifying the ownership of the Vehicle.
h)Neither use nor allow the Vehicle to be used for any illegal purposes or for any purpose of which it is not suitable or desirable.
i)Neither use nor allow anyone to carry passengers more than permitted by the registration paper.
j) Acknowledge that the Vehicle is and shall be throughout the period of its hiring be the sole property of ZopRent cars and/or its affiliates and all rights thereto shall vest in ZopRent cars and/or its affiliates.
k) Inform ZopRent cars about the location of the Vehicle at timely intervals as mentioned in the Invoice.
2.23. The User shall adhere to the following rules while driving the Vehicle:
a) User shall not drive the Vehicle in any public place at a speed exceeding the maximum speed or below the minimum speed prescribed for such place for the Vehicle.
b) The User shall drive the Vehicle in conformity to the driving regulations made by the central Government or directions given by the police officer, including but not limited to The Motor Vehicles Act, 1988, the Central Motor Vehicle Rules and/or 1989, the Rule of the Road Regulations, 1989.
c) The User shall not park the Vehicle or remain at rest in the Vehicle in any place in such a manner, which may cause obstruction, danger or undue inconvenience to other users of the public place or adversely affects the safety of the Vehicle.
d) The User shall at the approach of an unguarded railway level crossing, halt the Vehicle and the User or any other person shall walk to railway crossing and ensure that no train or trolley is approaching from either side before crossing the railway crossing.
e) The User shall halt the Vehicle and remain stationary, when required to do so by a police officer in event the Vehicle is involved in an accident.
f) The User shall halt the Vehicle and remain stationary, when required by a person in charge of an animal who apprehends that the animal is or being alarmed by the Vehicle.
g) The User shall provide all information regarding the name and address and the driving license held by the User to any police officer when asked for the same.
2.24. In the event that the User is in violation of the requirements stated in Clause 2.21, 2.22 and 2.23, ZopRent cars shall be entitled to impose on the User a minimum fine/penalty of INR 10,000 (Rupees Ten Thousand only)*.
2.25. The User is personally liable to pay to ZopRent cars on demand, the charges for pick-up service, drop service, fuel and miscellaneous charges at the rates specified in Invoice.
2.26.Customer needs to verify vehicle documents before accepting vehicle at the time of pickup.
2.27.ZopRent cars shall be at liberty to adjust/deduct/set off all the above expenses mentioned in this Clause 2 from the Security Deposit.
3. DISCLAIMER REGARDING SERVICES
3.1. The User acknowledges that the use of the Services is at his sole risk. ZopRent cars disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness of the Services offered by it.
3.2. ZopRent cars shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use of the Services or due to ZopRent cars failure to provide the Services at all, for any reason whatsoever whether or not beyond the control of ZopRent cars.
4. ROAD SIDE ASSISTANCE AND REPLACEMENT VEHICLE
Road side assistance and/or a replacement vehicle may be provided in accessible areas (subject to availability of resources and vehicle in similar segment in the city) in such cases where the Vehicle develops such a problem that restrains the User from its use. ZopRent cars shall make all efforts to ensure that the Vehicle manufacturer or a third party partner of ZopRent cars provides road side assistance to the User in such cases. ZopRent cars decision related to replacement of the vehicle shall be final. However, ZopRent cars provides no guarantee that such replacement vehicle will be made available.
5. ZopRent cars RIGHTS
5.1. The User understands that ZopRent cars has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, ZopRent cars can (and the User hereby expressly authorizes ZopRent cars to) disclose any information about the User to law enforcement or other government officials in accordance to law and including but not limited to the Information Technology(Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009, the Information Technology (Procedure for Safeguards for Blocking for Access of Information by Public) Rules, 2009, the Information Technology (Procedure and Safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, or any other law as ZopRent cars, in its sole discretion, believes is necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
5.2. The User understands that ZopRent cars has the right at all times to track the Vehicle, using GPS, primarily for security reasons and/or for any other reasons deemed necessary by ZopRent cars.
5.3. In the event of any breach by the User of any of the terms and conditions hereof, ZopRent cars may without notice repossess the Vehicle and for such purpose may enter upon premises where the Vehicle may be situated and remove the same and the User shall be responsible for and shall indemnify ZopRent cars against all actions, claims, costs and damages consequent upon or arising from such repossession and removal.
5.4.The User understands that ZopRent cars has the right at all times to retain the credit/debit card/internet banking/e-wallet details of the User in order to satisfy any claim that may arise in the future due to any reason attributable to the User.
6.1. Such charges are subject to revision at any time at ZopRent cars sole discretion. The User shall be intimated the revised charges at the time of making the payment.
6.2. In case an extension of the Rental Period is permitted by ZopRent cars as per User's request an additional charge as intimated to the User at the time of availing the Services on the Platform and as mentioned on the Invoice provided for the extended period shall be payable.
6.3. Any fine arising from parking, traffic or driving violation will be charged along with 100% surcharge on such amount, Tax at applicable rates will be charged extra. Any increase in tax or the incidence of new taxes will be charged directly from the User in addition to the rental charges.
6.4. All charges including but not limited to parking charges, towing charges, impounding charges and toll charges during the Rental Period shall be borne by the User.
6.5.If the User intends to pay the dues and/or charges of ZopRent cars by credit/debit card/internet banking/e-wallet, then the User's action of proceeding to pay for availing the Services after being notified of these Terms and Conditions and any other terms that may be sent to the User by email constitutes authority for ZopRent cars to compute and debit the final total charges the User's account with the specified card issuing organization. The rate of exchange used on any currency conversion shall be conclusively determined by ZopRent cars as per prevalent market rates for purchase of foreign currency at a full-fledged money exchange.
6.6. The User authorizes ZopRent cars to adjust/deduct/set off all charges for use of the Vehicle and/or any damage and/or any liability that may arise due to the User availing the Services directly from the Security Deposit.
6.7.At the time of return of the Vehicle to ZopRent cars by the User, if ZopRent cars detects any damage in the Vehicle, ZopRent cars shall intimate to the User details of such damage and the cost payable for such damage. If the User fails to pay such cost even after intimation from ZopRent cars within 7(Seven) days, it shall be deemed acceptance by the User of his liability to pay for such damage and on such happening, the User authorizes ZopRent cars to adjust/deduct/set off cost of such damage from the User using the credit/debit card/internet banking/e-wallet details of the User provided to ZopRent cars at the time of availing the Services on the Platform.
6.8. The User hereby understands and agrees that refund of balance of Security Deposit or any inadvertently charged amount to user s credit/debit card/internet banking account/e-wallet shall be released/credited to user scredit/debit card/internet banking account/e-wallet by the concerned bank. ZopRent cars shall not be responsible for any delay by the concerned bank in this regard.
6.9. Payment of any charges/fees payable for availing the Services shall not be allowed to be made in cash.
6.10. Without limiting the generality of the foregoing, the User hereby accepts the following terms and ZopRent cars entitlement to charge any one or more of the following additional amounts or surcharges from the User for any non-compliance of the terms and conditions provided herein and applicable to the User, in addition to the charges payable by the User for procuring the Services:
Action / Non-Compliance
Additional Amounts / Surcharge
Failure to return the car at the scheduled location
Return of car delayed beyond the scheduled time
Rs. 400 per hour for every hour beyond the scheduled time*
Performing any unauthorized activity such as carrying arms and ammunition, any intoxication, commercial activity
Rs. 10,000 plus User will be held liable for any legal action arising out of these activities*
Violation of traffic regulations
In addition, the actual fine charged due to traffic violation will be charged from the User
Smoking in the car
Rs. 2000 or the repair amount, whichever is higher*
Any loss of car accessories such as [Baby seat, Tablet etc.]
Rs. 10,000 or actual cost of the accessory, whichever is higher*
Not keeping the car clean and/or littering in or dirtying the car
Rs. 1000 or the cleaning cost of the car, whichever is higher*
Tampering with the devices such as GPS etc.
Rs. 10,000 plus the actual cost of the repair or the fitment will be charged from the User*
Driving at a speed above maximum speed limit of 80 km per hour
Warning will be issued on first violation
On second violation, Rs. 1000 will be charged*
For subsequent violations, Rs. 1500 will be charged per violation*
In case of over speeding above 150 km per hour, Rs. 1500 will be charged and the user will face expulsion from membership*
Causing any damage to the car
Sum of the following, (i) 100% losses incurred in repairing and restoring the Vehicle; and (ii) 100% value of the Vehicle, whichever may be higher*
Causing external branding on the car
Rs. 10,000 will be charged plus any expenses arising out of repair cost or such damages will be charged to the User*
Failure to submit original documents
Forfeiture of Security Deposit and booking amount
Failure to return car keys
Rs. 2000 will be charged plus any replacement cost incurred will be charged to the User*
Towing or impounding of the car due to User s fault
Full towing/impounding cost on actuals shall be charged from the User*
Driving under the influence of alcohol
100% of vehicle damage shall be charged. The additional charges payable shall be over and above the Security Deposit*.
Any intentional damage such as continuing to drive after accident or under extreme conditions or rash driving etc.
100% of vehicle damage shall be payable. The additional charges payable shall be over and above the Security Deposit*.
The User not driving himself (only the account holder of the present booking is allowed to drive)
100% of vehicle damage shall be charged. The additional charges charged shall be over and above the Security Deposit*.
7. SECURITY DEPOSIT
At the time of delivery of the Vehicle to the User, ZopRent cars shall have the right to block an advance deposit at a rate as intimated at the time of availing the Services on the Platform and as provided in the Invoice ("Security Deposit"). This will be treated as a security deposit and in case of any unpaid dues as per these Terms and Conditions and/or damage to the Vehicle, the unpaid dues, penalties under Clause 6.11 and/or cost of damage will be adjusted/deducted/set off from the Security Deposit.
8. CANCELLATIONS AND REFUNDS
8.1. ZopRent cars reserves the right of refusing delivery of the Vehicle to the User or to cancel a reservation made by the User for the reasons as stated in the ZopRent cars Cancellation and Reschedule Policy provided on www.zoprent.com
8.2. In an event wherein cancellation is done by ZopRent cars for reasons other than mentioned on Cancellation and Reschedule policy, ZopRent cars shall refund the booking amount. ZopRent cars cannot be held liable for cancellations due to fog, earthquake, floods, fire, riots, strike or circumstances beyond its control and in such cases, only booking amount will be refunded. ZopRent cars shall in all such cases endeavor to inform the User about such cancellation together with reasons thereof at the earliest. Parties hereby agree that under no circumstance the liability of ZopRent cars shall exceed the Vehicle rental charges.
8.3.In an event wherein cancellation is done by ZopRent cars due to unforeseen circumstances, ZopRent cars will Endeavour to provide the User with an alternate vehicle from the list of available vehicles at that given point of time. In the event where the tariff for the alternate vehicle is higher than the one reserved by the User, the reservation for the alternate vehicle, shall not be deemed to be confirmed until the User accepts the revised tariff. In the event, where the tariff for the alternate vehicle is lower than the one reserved by the User, the difference in final tariff will be reimbursed to the User.
8.4. 0-72 Hours before start of the trip – The entire amount paid by the customer will be charged as cancellation fee. There will be NO REFUND made for such cancellations. More than 72 hours before start of the trip – 20% of the amount paid by the customer will be reduced as cancellation fee and the remaining 80% of the amount will be refunded. The refunded amount will reflect in the customer's bank account within 7-10 business days.*.
8.5. There shall be no refund on cancellation of Vehicles under hourly rental.
8.6. In case of no show, no amount will be refunded to the User. For the avoidance of doubt a no show shall mean the event wherein the User does not claim delivery of the Vehicle within 4 (Four) hours of the pre-decided delivery time.
8.7. No modifications in the reservation by the User are permitted later than 3 (Three) hours before the Vehicle pickup or delivery time, as the case may be. Permitted modifications, along with the charges applicable on such modifications, shall be as mentioned in the ZopRent cars Cancellation and Reschedule Policy.
9. COLLECTION OF PERSONAL DATA
9.1. By availing the Services through the Platform, the User authorizes ZopRent cars to collect personal information (including but not limited to, name, contact preferences telephone number, mailing address, e-mail address, Vehicle use data, location tracking, driver s record, personal identification documents, driver s license, vehicle history report from all applicable entities and authorities) ( Personal Information ) and other non-Personal Information about the User and use and/or disclose the same if ZopRent cars believes 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, including investigation of potential violations thereof, or (d) protect against harm to the rights, safety of the Vehicle or other properties of ZopRent cars, its users or the public as required or permitted by law, (e) to protect ZopRent cars against third-party claims. ZopRent cars may also provide and/or disclose such information to any other trusted businesses or persons for the purpose of processing personal information on behalf of ZopRent cars. ZopRent cars shall however, not be liable for any misuse of any personal or non-Personal Information of the User by any third party.
9.2.By availing the Services, the User agrees that the information provided on the Platform may be stored, processed and transmitted manually/electronically by ZopRent cars. The User also agrees to provide accurate information on the Platform while availing the Services and shall be liable for any damages and disputes arising due to the inaccuracy of the information.
10. TRADEMARK, COPYRIGHT AND RESTRICTION
10.1. The Platform is controlled and operated by ZopRent cars. All material on the Platform, including artwork, computer code, design, structure, selection, co-ordination, expression, the look, feel and arrangement of the content on the Platform, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Platform is solely for the User's personal, non-commercial use. The User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and also, the User must not assist any other person to do so.
10.2. ZopRent cars respects the intellectual property of others. In case any person feels that his intellectual property has been infringed, he can write to ZopRent cars at firstname.lastname@example.org.
11.1. The User hereby releases and agrees to indemnify ZopRent cars from and against any liability for loss or for damage to any property (including costs relating thereto) left, stored or transported by the User or any other person in or upon the Vehicle before or after return of the Vehicle.
11.2. The User shall be solely responsible for and shall keep ZopRent cars fully indemnified against any loss, theft, damage, costs, accident or injury (including death) to persons or property, including loss, theft, damage, accident of the Vehicle, accruing in connection with the Vehicle or as a result of the negligent use thereof and against any breach of obligation by the user of the Vehicle.
11.3. The User shall keep ZopRent cars fully indemnified including its directors, employees and shareholders against all losses, liabilities, costs actions, claims, any fines or penalties imposed ( Losses ) in respect of these Terms and Conditions or arising out of or in connection with use of the Vehicle including Losses on account of any third party liability, damage to the vehicle, accidents, illegal use of the Vehicle, misrepresentation or breach of its obligations by the User.
11.4. The User hereby acknowledge that for the purposes of the Motor Vehicles Act, 1988, the User shall be liable in respect of the Vehicle for any of the offences which may be committed under the applicable law and for any liability with respect to the use of the Vehicle including but not limited to any challans, penalties, third party liability, accidents and the User shall indemnify against any losses, damages, costs and liabilities etc., in this regard.
12. LIMITATION OF LIABILITY
12.1. In no event shall ZopRent cars be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms and Conditions and the Services, even if the User has been informed in advance of the possibility of such damages.
12.2. Subject to the above and notwithstanding anything to the contrary contained in these Terms and Conditions, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of ZopRent cars towards any User, regardless of the form of claim, be INR
12.3. The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein.
13. LIQUIDATED DAMAGES
The User acknowledges that ZopRent cars has agreed to provide the Services on the representations and warranties set out herein and the covenants provided by the User. In the event that the Vehicle is damaged, stolen or destroyed on account of any of the representations or warranties provided by the User being untrue or due to the breach of any covenants of the User. ZopRent cars, in its sole discretion, regardless of any insurance coverage will be entitled to seek as damages for the same in the nature of liquidated damages (not being penalty), (a) an amount of INR 10,000 (Rupees Ten Thousand only)* or (b) sum of the following, (i) 100% losses incurred by ZopRent cars in repairing and restoring the Vehicle; and (ii) 100% value of the Vehicle, whichever may be higher**.
14. APPLICABLE LAW
15. JURISDICTION FOR DISPUTE RESOLUTION
15.1. Any dispute or disagreement arising out of these Terms and Conditions including but not limited to issues relating to the rights and liabilities of both the Users and/or ZopRent cars, interpretation of these Terms and Conditions, and all such other issues arising out of these Terms and Conditions shall be referred to a sole arbitrator appointed by ZopRent cars.
15.2. The arbitration proceedings will be governed by the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in Bangalore, India and conducted in English.
15.3. The Terms and Conditions will be enforceable, and any arbitration award will be final, and judgement thereon may be entered in any court of competent jurisdiction.
15.4. To the extent permitted under the Arbitration and Conciliation Act, 1996 the User agrees that all claims, differences and disputes arising under or in connection with or in relation to these Terms and Conditions and the Services, or any transaction entered into on or through the Platform or the relationship between the User and ZopRent cars shall be subject to the exclusive jurisdiction of the courts at Bangalore and the User hereby accedes to and accepts the jurisdiction of such courts.
16. CONTACT US
Please send any questions or comments (including all inquiries related to copyright infringement) regarding this Platform to email@example.com.
17. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
2nd Floor, Sriram Bldg., #1/1, BDS Gardens Road, Geddalahalli
Hennur Main Rd., Bengaluru, Karnataka 560077