Term & Conditions



                                                                                                                    FRIENDS CAR

 

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

THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND FRIENDS CAR. THIS MEMBER AGREEMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP AND TRANSACTION BETWEEN USER AND FRIENDS CAR FOR THE USE OF THE SERVICES OFFERED THROUGH WEBSITE AND MOBILE APPLICATION

PLEASE READ THE TERMS OF MEMBER AGREEMENT CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR AVAILING SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE WEBSITE OR AVAIL ANY SERVICES BEING OFFERED THROUGH THE WEBSITE.

FRIENDS CAR RESERVES THE RIGHT TO CHANGE THE TERMS OF THIS MEMBER AGREEMENT FROM TIME TO TIME AND SHALL GIVE NOTICE OF SUCH CHANGES TO THE MEMBER IN A TIMELY MANNER. NOTICE TO THE MEMBERS SHALL BE CONSIDERED GIVEN WHEN SUCH NOTICE IS INDICATED AND ACCESSIBLE ON THE FRIENDS CAR WEBSITE. MEMBER AGREES THAT THE AMENDED TERMS AND CONDITIONS OF THIS AGREEMENT SHALL BE EFFECTIVE AND BINDING THE EARLIER OF (1) THE EFFECTIVE DATE INDICATED IN SUCH NOTICE; OR (2) ON THE DATE POSTED ON FRIENDS CAR’S WEBSITE. MEMBER MAY DECLINE SUCH CHANGES BY DISCONTINUING TRIPS UNDER FRIENDS CAR’S MEMBER AGREEMENT.

IN THE EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT AND ANY OTHER DOCUMENT, THESE TERMS AND CONDITIONS SHALL GOVERN EXCEPT OTHERWISE SET FORTH FROM FRIENDS CAR IN WRITING.

 

Description

Friends Car Services (India) Private Limited Is a Company Incorporated Under the Laws of India, With Its Registered Office at Plot No 9, Golf Link Colony Lalghati Square, Bhopal (Mp) 462030.

Terms In Agreement:

  1. Vehicle- The Car Which Is Rented To the
  2. Beneficiary- The Person Taking the “Vehicle” On Self
  3. Eligibility- Basic Criteria for a “Beneficiary” To Book a “Vehicle”.
  4. User Responsibility- Terms For Which “Beneficiary” Are Nominally Responsible Towards The “Vehicle” And “Mvt Laws” – Motor Vehicles Act, 1988 And Rules Made There
  5. Fare Policy- Charges and Penalties Levied On
  6. Cancellation Policy- Regulations Regarding the Cancelling Of
  7. Terms And Conditions- Limitations, restrictions and conduct Non Allowed along with

The Usage Policy Of The “Vehicle” For The “Beneficiary”

The Beneficiary Agrees And Acknowledges That The Use Of The Services Offered By Friends Car Is At The Sole Risk Of The Customer Friends Car Disclaims All Representations And Warranties Of Any Kind, Weather Express Or Implied As To Condition, Suitability, Quality, Merchantability And Fitness Of Services Offered By Friends Car. The Liability Of Friends Car Is Excluded To The Fullest Extent Permitted By Law

 

Eligibility:-

  1. Beneficiary Should Be Minimum 18 Years or Above Of
  2. He/She Should Be Having A Valid Driving License And Aadhar
  3. He/She Should Have a Driving Experience of Driving a Car for At least 1
  4. The Beneficiary Should Not Be Under The Influence Of Alcohol Or Any Narcotic

 

· User Responsibility:-

  1. Beneficiary Should Check The Vehicle Before Taking The
  2. Check The Accessories Like Spare Tyre, Tools And
  3. Should take due care of the vehicle from human and natural
  4. Check Fuel
  5. Should Take Care of the Fuel Variant E. Diesel or Petrol.
  6. Ensure Enough Fuel Quantity For The
  7. Follow Traffic Rules and Regulations under Different Governmental
  8. Over Speeding Should Be avoided according To Government
  9. No Smoking, Drinking Alcohol or Taking Any Narcotic Drug in the
  10. Take Care Of Keys And
  11. Do Not Park In No Parking
  12. Keeping the Car
  13. Report Delays or
  14. Return To Specified Drop
  15. Report Dent and Damages within 1 Hour of the
  16. Luggage should be taken Care by The Beneficiary Himself at the Time of Dropping the Vehicle

 

· Cancellation Policy:-

  1. If Cancelling:

*Before 24 Hours Of The Booking Time- 500 Will Charged And Rest Amount Will Be Refunded To Beneficiary Within 7-10 Working Days.

*Within 24 Hours of Pickup Time- 1000 or the Booking Amount (Whichever Is Lower)

*Within 8 Hours of the Pickup Time – No Refund

  1. The Cancellation Charges Will Be Adjusted From Rental Charges And Security Deposit Paid By The Beneficiary And The Remaining Of The Total Paid Amount And Post Necessary Adjustments Shall Be Refunded Within 7-9 Days Of The Booking
  2. If The Beneficiary Could Not Make Up To The Delivery Location In 2 Hours Of The Delivery Time, The Booking Will Be Considered As Cancel And No Refund Shall Be
  3. Friends Car Shall Be Entitled to Terminate Any Booking At Any Time Without Giving Any Reason Or Prior Notice To The
  4. If The Vehicle Is Booked With “Book Without Paying” Option Than Friends Car Did Not Ensure The Vehicle Holding Until The Beneficiary Have Paid For The Replacement Vehicle Will Be Provided As Per The Vehicle Availability And Fare Difference.
  5. Bookings Will Be Considered Cancelled If The Beneficiary Have Misbehaved With The
  6. In Case Of Non-Availability Of The Basic Eligibility Documents, The Booking Will Be
  7. The Beneficiary Have to Come Himself to Pick up The Vehicle or the Booking Will Be Cancelled and the Amount Will Be
  8. GST 18% Will Be Charged On Every Paid Booking

 

· Terms And Conditions:-

  1. If The Vehicle Is Booked On Local Package the Beneficiary Is Not Allowed To Take the Vehicle outside the City Limits or More than 40kms of the Pickup Location. Charges Will Be Applicable As Per The Fee
  2. If The Vehicle Is Booked On Outstation Package the Beneficiary Is Not Allowed To Change the Destination Location Or The Pathway to The Destination Without Seeking Permission From Friends Charges Will Be Applied According To The Fee Policy.
  3. Luggage Responsibility Will Be Of The Beneficiary Friends Car Is Not Responsible Of Anything Left In The Car.
  4. Beneficiary Who Have Booked The Vehicle Is Only Allowed To Drive She/he Is Not Allowed To Hand Over The Vehicle To Any Other Person. She/he Should Seek Permission From Friends Car For Doing So. Driver And Co Driver Will Be Responsible For Any Incident Occurred During The Rental Period.

 

  1. Beneficiary Is Not Allowed To Use The Vehicle As Passenger, Animal Ferry Or Use It As A Tow She/he Is Restricted To Use The Vehicle To Carry Goods Or Material For Any Business Or Reward Purpose. Using The Vehicle For His/her Own Commercial Or Economical Interest Is Strictly Prohibited.
  2. Beneficiary Is Not Allowed to Take the Vehicle outside India or to Any Restricted Boundaries

Friends Car Is Not Responsible for Any Penalty/Toll/Charges/Cases Forced upon the Beneficiary in Doing So. Any Damage To The Vehicle Under These Circumstances   Will Be Completely Borne By The Beneficiary.

  1. The Vehicle Should Be Used In Accordance With The Manufacture Passengers More than the Allowed Limit by the Manufacturer Is Not Allowed.
  2. Beneficiary Is Strictly Prohibited To:
    • Carry Firearms, Hazardous Substance, Ignitable Items and Any Other Prohibited Material under Indian
    • Use the Vehicle for Caring Drugs or Any Non Allowed
    • Use the Vehicle for Any Illegal Activity Or Purpose Intentionally Or (d)Drive The Vehicle Under The Influence Of Alcohol, Drug Or Sufferance Or Any Disease And Disability.
  • Use In Rally, Motor Racing, Learning Or Teaching Driving, Award Trips Or Any Activity Which Cause Damage To The
  • Beyond The Speed Limit As Specified In The Government (g)Drive The Vehicle Into Terrorist Or Maoist Zone.
  • Smocking or Taking Alcohol or Any Narcotic Drug in the
  • Any Illegal or Unlawful Act in the
  1. Beneficiary Should Not Damage or Replace the Original Parts of the In That Case The Sole Responsibility Will Be Of The Beneficiary. His/her Is Not Allowed To Temper The Devices Like Music System Or Gps .If Found To Be Done He/She Will Be Charged As Per The Fee Policy And Damage Quote.
  2. The Vehicles Should Be Returned Clean And In Good Unclean Vehicle Will Be Charged By The Beneficiary By His/her Security Deposit In Accordance With The Fee Policy.
  3. Any Physical Or Technical Damage Or Error Will Be Borne By The Beneficiary, Under The Hands Of Beneficiary Friends Car Waives All Its Responsibility Of The Vehicle Any Hindrance Occurring during The Journey Will The Responsibility Of The Beneficiary. Damages Or Technical Fault Will Be Recovered by the Beneficiary’s Security Deposit Of 3000.If The Damage Amount Is above the Security Deposit the Beneficiary Is Liable to Pay Rest of the Amount to the Friends Car.
  4. Traffic Law Or Any Law Violation Will Be Liable To The She/he Will Have To Pay All Or Any Court Charges/Fees/Penalty In Case Of Any Violation. If In Any Case The Vehicle Is Under Any Law Suit The Beneficiary Is Liable To Pay For All The Fees And Charges Friends Car Levy On The Beneficiary Without Any Questioning.
  5. Any Legal obligation On Vehicle Will Be borne by the It’s His/her sole and Only Responsibility to Deal with the Situation. She/he Will Have to Present Himself/Herself In front Of Court of Law For Any Legal Proceeding. Friends Car Waives All Its Responsibility During The Rental Period Of The Vehicle. Any Fee/Charges/Challan/Penalty/Court Fee Or Any Legal Fee Arising By The Case Will Be Bearded By The Beneficiary And The Amount Asked From Friends Car Will Be The Final Call Amount.

 

  1. In Case Of Minor Damage Under The Security Amount, Whole Of The Security Will Be Forfeited And No Refund Will Be If The Damage Is Major Than Insurance Claim Will Be Filed And Beneficiary Is Liable To Prove Cases Whenever Needed.50% Of The Rental Amount Will Be Charged For As Many Days The Vehicle Takes To Repair/Excluding Of Garage Charges. If The Damage Is At The Level Where Insurance Is Not Covered Than The Beneficiary Is Liable To Pay The Whole Amount To Get The Vehicle Into The Original Condition.
  2. If Any Third Party Injury Or Damage is done by The Vehicle during its usage by the Beneficiary Then He/She Will Be Responsible For The Causes and consequences And Will Have To Bear All The Charges or costs Himself/herself. Friends car In This Case Is in No Way Responsible For The
  3. Any Damage Done By The Third Party to The Vehicle Or To The Beneficiary During Vehicle Rental Period He/She Will Be Liable For All The Friends Car Will Not Be Responsible For Any Injury Occurring To The Beneficiary and Beneficiary Is Responsible For The Damages Done To The Vehicle And Will Be Charged According To The Fee Policy.
  4. If The Beneficiary Fails To Pay The Proposed Amount By The Friends Car His/her Nominee Of The Bank/Will/Property, Co-Passenger, Or The Guardians Will Have To Pay The
  5. If The Beneficiary Damages The Vehicle And Leave It At The Place of Incident Than The Charges Of Towing The Vehicle, Damages Of The Vehicle And All The Legal Proceeding Charges Along With The Third Damage Will Be Paid By The
  6. If Beneficiary Have Given The Vehicle To A Minor Than He/She Is Only Responsible For The Damage Caused And Charges Friends Car Will Not Be Liable For Anything That Happens After the Vehicle Is Delivered To Beneficiary.
  7. Friends Car Reserve The Rights To Share The Information, Data And Documents Of The Beneficiary To Third Party Website And Government Agency Portal Or Any Specific Company For Purpose Of Verification, Authentication, Investigation Or Legal
  8. In Case Of Any Natural Cause, Calamity Or Act Of God Where Insurance Company Denies To Pay Any Or Whole The Beneficiary Will Have To Pay The Entire Amount For The Vehicle.
  9. In Case Of Theft The Beneficiary Will Have To Inform Friends Car Within 30 Minutes Of The Acknowledgement And Launch A Fir In The Nearest Police Station in his She/he Will Have To Send A Copy To The Friends Car And Will Be Responsible For The Vehicle Until And Unless The Settelement Is Done.50% Rental Amount Will Be Charged Per Day Up to The Delivery Of The Vehicle Back To The Friends Car.
  10. No Vehicle Replacements Will Be If Provided That Will Be Charged Under Fee Policy.
  11. Fees Of Insurance Claim Will Be Borne By The
  12. The Beneficiary Will Have To Present His True Identity To The Friends Car If The Documents Are Found Invalid Or Friends Car Reserve All The Rights To Take Any Legal Action On The Beneficiary.
  13. Beneficiary Is Not Allowed To Transfer The Vehicle To Any Of The Third Party For Ownership, Driving, Booking, She/he Will Be Liable For Any Of That Case.
  14. The Purpose Of Booking Intentionally Or Unintentionally Should Not Be Illegal Or Friends Car Is Not Responsible For Any Illegal Act Taken Place During The Rental Period Of The Vehicle.

 

  1. Friends Car Reserve The Right To Access The Location The Vehicle And Beneficiary Through The Mobile Application For Any
  2. Friends Car Reserves All The Rights To Add, Amend, Change The Terms And Condition Anytime Before Or After The
  3. Friends Car Reserves All The Rights To Record All The Calls Made To The Company Or Any Executive Personally Or On Friends Car Behalf For Quality, Training, Legal
  4. Misuse Of The Tyre Or Vehicle For Purpose Of Stunts Or Any Activity Which Cause Damage To The Vehicle Is Strictly
  5. No External Branding Should Be Done On Friends
  6. Beneficiary Will Be Responsible For Any of the Past Incident Occurred In His Booking She/he Will Have To Be Presented In The Court Of Law Whenever Needed Despite Of The Present Situation.
  7. In Case Of Extending The Booking:
    • Before 24 Hours Of The Drop Time- 20% Surplus Rental Charge If The Vehicle Is
    • Within 24 Hours Of The Drop Time – 30% Surplus Rental Charge If The Vehicle Is Available.
    • Up to 6 Hour Of The Drop Time- 40 % Surplus Rental Charge If The Vehicle Is
    • In Any Case Vehicle Is Not Friends Car Reserves All The Rights To Cancel The Booking.
  8. In Any Case Beneficiary Is Not Following The Command And Orders Of The Friends Car He/She Will Be Responsible To Pay Any Amount Proposed By Friends
  9. In Case Of Breach Of Any Or Other Terms And Conditions, Command, Order, Notification By The Friends Car The Beneficiary Will Be Responsible For The Entire Legal Allegation Levied By Friends Car On The
  10. This agreement shall be governed by, construed and interpreted in accordance with the laws of
  11. If any term or provision of this Agreement is declared invalid by a court of competent jurisdiction, the remaining terms and provisions of this Agreement shall remain unimpaired and in full force and

 

· FARE POLICY:-

  1. Driving at a speed above the maximum speed of 80 km/hr. (as per Supreme Court ruling for Commercial vehicles) >= 80 km/hr. - INR 1500 + fines (if any).
  2. Late charges for per hour will INR 350 per
  3. Traffic violation INR 5,000 in addition to the actual fine charged due to traffic violation will be charged from the
  4. If the vehicle parts are changed the Beneficiary will be charged a penalty of INR 10,000 over and above the cost of spare
  5. In case of any tyre damages resulting from driving in bad terrain and continued driving in case of tyre puncture, Beneficiary will be charged for the cost of tyre on
  6. Performing any unauthorized activity such as carrying arms and ammunition, any intoxication, commercial activity INR 5,000 will be charged as penalty .The Beneficiary will be held liable for any legal action arising out of these

 

  1. For external branding INR 3,000 will be charged as Any expenses arising out of repair cost or such damages will be charged to the beneficiary along with the penalty.
  2. Tampering with the devices such as GPS INR 3000 plus the actual cost of the repair or the fitment will be charged from the Beneficiary.
  3. If the Beneficiary fails to return the car at the scheduled She/he will be charged INR 3000.
  4. Incise the vehicle is dropped outside city limits of the pick-up Cost for transporting the car to the correct location plus INR 300.
  5. Extension of the vehicle rental period will be charged at different rates of as stated in terms and
  6. Loss of car accessories such as [Baby seat, Tablet ] INR 3000 or actual cost of the accessory whichever is higher.
  7. Unclean Car or littering /dirtying the car unclean cars will attract cleaning charge of INR 500 for a minor cleaning & a charge of INR 1000 for a major cleaning as
  8. Delivery charges of INR 300 will be attracted within the city limit or around 15kms of the pickup
  9. Causing any damage to the The Beneficiary will be obligated to pay the repair cost up to INR 3000. In the event the user is found to violate FRIENDS CAR TERMS AND CONDITIONS INR 3000 Penalty will be applicable.
  10. Failure to return car A fine of INR 3000 will be charged plus replacement cost incurred will be charged to the Beneficiary.
  11. Failure to return the original car A fine of INR 10,000 will be charged along with the actual charges incurred for re- documentation.
  12. Incorrect KYC documents produced at the time of picking up the The entire amount will be forfeited.
  13. The User does not turn up to pick up the car/No No refund will be initiated.
  14. Driving under the influence of alcohol or drugs or is suffering from any disease or disability, which may cause his / her driving ability or which is likely to cause a source of danger to the public and/or to the Complete Security Deposit will be forfeited over and above the actual damage cost incurred.
  15. Any intentional damage such as continuing to drive after accident or under extreme conditions or rash driving Complete Security Deposit will be forfeited over and above the actual damage cost incurred.
  16. The Beneficiary not driving Complete Security Deposit will be forfeited over and above the actual damage cost if incurred.
  17. Carrying number of persons (excluding the driver) exceeding the permissible number as specified in Motor Vehicle Act, 1988 and Rules framed there under (the Act).INR 3,000 will be charged as penalty .The Beneficiary will be held liable for any legal action arising out of these
  18. If ferrying passengers or any goods for consideration or reward whether expressed or INR 3,000 will be charged as penalty .The Beneficiary will be held liable for any legal action arising out of these activities
  19. Carrying pets or any type of A charge of INR 1000 will be levied as penalty.
  20. INR 1000 + applicable damages to vehicle interiors
  21. If Cancelling:

 

*Before 24 Hours Of The Booking Time- 500 Will Charged And Rest Amount Will Be Refunded To Beneficiary Within 7-10 Working Days.

*Within 24 Hours of Pickup Time- 1000 or the Booking Amount (Whichever Is Lower)

*Within 8 Hours of the Pickup Time – No Refund

  1. The Cancellation Charges Will Be Adjusted From Rental Charges And Security Deposit Paid By The Beneficiary And The Remaining Of The Total Paid Amount And Post Necessary Adjustments Shall Be Refunded Within 7-9 Days Of The Booking
  2. If the Beneficiary takes the vehicle outside the limit in local package the charges will be 30% surplus amount on
  3. If beneficiary diverts the route or Surplus charge of 30% on rent will be applied.
  4. Replacement of the vehicle under city limits will be charged INR 1000 above the

 

· Data Protection:

  1. Friends car seizes , stores, processes and uses the Member’s Personal data, including, but not limited to, name, e-mail id, internet protocol address, copy of driving license image and duly attested colour image of Voter ID, Aadhar ID or Passport , and any other additional address cum identity proof, image of the customer, the usage and vehicle data as they relate to the Member, to the extent this is necessary for the administration and implementation of this Agreement and the Member’s use of friends car’s vehicle.

 

 

· Arbitration & Jurisdiction of Disputes:

  1. (a) Any Dispute, controversy or claims by or between, Friends car and Member, hereto arising out of or relating to or in connection with terms and conditions of this Member Agreement or transactions contemplated on Website, or the breach, termination, validity of any term under this agreement shall be finally settled by ‘Arbitration’ in accordance with the Indian Arbitration and Conciliation Act, There shall be a sole arbitrator, who shall be appointed by Friends car. Any arbitration proceedings or award rendered hereunder and the validity, effect and interpretation of this agreement to arbitrate shall be governed by the Laws of India. The arbitration proceedings shall be conducted in Bhopal, and the award shall be rendered in the English Language. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
  2. (b) Subject to clause (a) the Member irrevocably agree that the courts in Bhopal are to have exclusive jurisdiction for the purpose of hearing and determining any litigation, suit, action or proceedings and/or to settle any disputes arising out of or in any way relating to this Agreement or its formation or validity ("Proceedings") and for the purpose of enforcement of any judgment against its property or assets

 

· No Waiver

  1. No term contained in this Agreement may be changed or waived, except in writing signed by an expressly authorized representative of Friends car. No waiver of default by beneficiary

You under any of the Terms or Conditions of this Agreement shall be construed as a waiver of any prior or subsequent default of any of the Terms or Conditions of this Agreement.

 

· Assignment or Transfer

  1. The rights granted to the Member under this Agreement are not assignable or transferable, in whole or part. Any attempt to transfer this Agreement without the written consent of Friends car shall be void and of no force and effect. Friends car reserves the right and can at its absolute discretion can assign the rights and obligations under this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.

 

· Force Majeure:

  1. If performance of any Service or obligation under the terms and conditions of this Member Agreement or any other provisions of the policies of the Website, or other third parties in fulfillment of transaction (for e.g. home deliveries of vehicles, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable commercial control of Friends car and could not have been prevented by reasonable precautions , then Friends car shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Friend’s car shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

 

AGREEMENT

 

I HEREBY BIND MYSELF WITH AN AGREEMENT WITH FRIENDS CAR SERVICES (INDIA) PRIVATE LIMITED.I AGREE WITH ALL THE TERMS AND CONDITIONS IMPLIED AND EXPRESSED ON ME BY FRIENDS CAR DURING TAKING THE VEHICLE.I TAKE SOLE RESPONSIBILITY OF ANYTHING THAT HAPPENS DURING THE RENTAL PERIODON MYSELF.I HAVE READ ALL THE TERMS AND CONDITIONS AND AGREE UPON EVERY. I DECLARE MY LIABILITY FOR EVERY DAMAGE OR INCIDENT THAT OCCURS DURING THE RENTAL PERIOD. FRIENDS CAR WILLNOT BE RESPONSIBLE FOR ANY OF THE ACT DONE BY ME