TERMS AND CONDITIONS

1. GENERAL:

HAYR Technology LLP (hereinafter referred to as “HAYR”) is a Limited Liability Partnershipbearing LLPIN-AAI-6304, incorporated as under the LLP Act, 2008, having its Registered Office at SCO-35, Sector-71 SAS Nagar Mohali.

HAYR is recognized as a startup by the Department of Industrial Policy and Promotion vide Certificate No.: DIPP32988 to provide reliable timely, affordable and self-drive cars to a closed verified set of users. HAYR is a Punjab based Technology Company, working with a model of car sharing in India. The company plans to bring in cash less technology to car sharing that is secure, hassle free and convenient.

2. DEFINITIONS:

For the purpose of these Terms and Conditions, wherever the context so requires, the term:

i. “Designated Parking Area” shall mean the same as notified on the Website of the Company.

ii. “Hayr Member” or “User” shall mean any person who has agreed to become a member of HAYR on the Platform by providing registration data while registering on the Platform as a registered user using the Mobile Application.

iii. “Invoice” shall mean the invoice provided to the User after the User makes the payment for availing the Services through the Platform.

iv. “Platform” shall mean the Mobile Application through which the Services are provided.

v. “Pin” or “Password” shall mean a security code given to the user while registering on the mobile application for the first time or when he is loggin in again.

vi. “Rental Period” shall mean the period for which the Services (as defined below) are availed by the User. This period shall be calculated from the time the User starts trip and ends trip.

vii. “Services” shall mean the services provided by HAYR i.e. renting of the Vehicles to the Users.

vii. “Vehicle” shall mean the vehicle rented by the User from HAYR along with all its parts including but not limited to, tires (including spare tire), tools, vehicle documents, accessories and equipment.

3. ELIGIBILITY

i. The Services are available only to the active Users who can enter legally binding contracts under Indian Contract Act, 1872 and are above the age of 18 years, holding a valid driving license, without previous criminal records and without any restrictions on driving due to any medical conditions or any other restrictions imposedunder any law including but not limiting to the Motor Vehicles Act, 1988, as amended from time to time.

ii. 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.

iii.  To be an eligible user, the user should have earned atleast 500 Hayr Points. These points enable the user to reserve the Hayr Car for the next ride.

iv. On satisfying eligibility criteria required to become a HAYR Member does not automatically give an applicant the right to become a HAYR Member. Acceptance of the applicant’s membership is subject to approval by HAYR at its sole discretion.

v. In case of any Member’s Driving License is expired or revoked, authorization to drive HAYR Vehicles shall expire immediately. HAYR shall be notified of such expiry or revocation by the member by e-mail forthwith upon such expiry or revocation.

vi. By applying for Membership, each Applicant authorizes HAYR and HAYR reserves the right on its sole discretion to obtain his/her driving records from the jurisdiction in which the applicant is licensed. Because driving a HAYR vehicle requires maintaining a good driving record, HAYR may periodically check member’s driving records and reserves the right, at its sole discretion, to suspend or terminate the membership of any member, who does not meet HAYR’s driving eligibility requirements. Member agrees to promptly report to HAYR any suspension or revocation of his/her driving license, or any tickets/citations/conviction related to any traffic violation including but not limited to driving under the influence of drugs or alcohol, driving while intoxicated, reckless driving, exceeding the speed limit, or sending an SMS while driving. In case of any contravention/breach of the Terms and Conditions of this Agreement, HAYR shall forfeit the balance in the account.

vii. Member is responsible for providing and maintaining current e-mail, cell phone, residential address (current/temporary and permanent), and other account information with HAYR. Member further warrants that information provided to HAYR shall be correct and is bound to inform to HAYR promptly, if any change occurs in the information provided earlier including but not limited to residential address.

viii. Member is responsible for keeping any HAYR related password and/or pin numbers in strict confidence and to not make passwords or pins available to third parties, should a pin or password be reduced to written or electronic form, the member will be responsible for any associated costs and/or damages in connection with unauthorized use by third parties. If a member has reason to believe a third party may have obtained unauthorized knowledge of a password and/or pin, member agrees to change the compromised password and/or pin instantly.

4. RESPONSIBLITIES OF THE USER

i. 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.

ii. 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.

iii. 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 HAYR 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.

iv. The User shall provide contact details of an emergency contact while availing the Services on the Platform.

v. The User shall upload the photos of the Vehicle on the web-platform in case of damaged Vehicle.

vi.  The User shall park the Vehicle, at the Designated/Valid Parking Area and lock the Vehicle by ending the trip and exit from the HAYR App.

vii. In event of any damage caused to the Vehicle, other than normal wear tear thereof, the User will get the same repaired at the designated service/repair centre and all the damages be recoverable from the user i.e. the person who has reserved the Vehicle.

viii. All the documents of the vehicle shall be available on the Mobile Application and the person reserving the car should verify the same before staring the ride or pressing the Start trip Tab.

ix. 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.

x. 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 HAYR at its sole discretion. Additionally, HAYR reserves the right to take legal recourse against the User as deemed fit by HAYR.

xi. 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).

xii. The User’s acceptance of delivery of the Vehicle shall be considered as the User’s acknowledgment of having received the Vehicle in good condition.

xiii.  The User shall take all necessary steps to protect the interest of HAYR 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 HAYR 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 HAYR.

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.

e) Contacting HAYR 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.

f) Provide all assistance to HAYR, in claiming insurance from the insurance company by providing all the necessary information and/or documents required by HAYR 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 license.

g) Pay HAYR 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 HAYR.

xiv.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 Area defined by Hayr without the written consent of HAYR.

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.

xv. 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 HAYR 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 HAYR for any purpose whatsoever.

e) Not permit any pets 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 HAYR and/or its affiliates and all rights thereto shall vest in HAYR and/or its affiliates.

xvi. The User shall adhere to the following rules while driving the Vehicle:

a) The 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) In case of unguarded railway level crossing due caution shall be taken by the User 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.

xvii. In the event that the User is in violation of the requirements stated in Clause xiv, xv and xviHAYR shall be entitled to impose on the User a minimum fine/penalty of INR 10,000 (Rupees Ten Thousand only)*.

xviii. HAYR shall be at liberty to adjust/deduct/set off all the above expenses mentioned from the Security Deposit (as defined below).

5. HAYR RIGHTS:

i. The User understands that HAYR 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, HAYR can (and the User hereby expressly authorizes HAYR 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, as amended, the Information Technology (Procedure for Safeguards for Blocking for Access of Information by Public) Rules, 2009,as amended, the Information Technology (Procedure and Safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009, as amended, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, as amneded or any other law as HAYR, 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.

ii. The User understands that HAYR 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 HAYR.

iii. The User understands that HAYR 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. RESERVATION OF HAYR VEHICLES:

i. Reservation is required for all potential booking. Member must always reserve a vehicle in advance of use. Member is required to fulfil the below mentioned conditions at the time of taking the possession of the vehicle for scheduled ride/trip:

a) Member must have the HAYR App. downloaded in his/her device and duly registered himself/herself before making the reservation of the HAYR Vehicle.

b) Member must take a photo of vehicle before unlocking the Vehicle to ensure his/her safety.

c) Member shall be held solely responsible, if any of the above conditions are not being completed successfully at the time of reserving the vehicle.

ii) In case the User wish to cancel a reservation or shorten the period for which a vehicle has been reserved, you must do so in advance, in pursuance of the fee policy.

7. PAYMENTS:

i. Tariff charges are subject to revision at any time at HAYR sole discretion. The User shall be intimated the revised charges at the time of making the payment.

ii.  Any fine arising from wrong parking, traffic or driving violation shall be charged along with 100% surcharge on such amount, Tax at applicable rates shall 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.

iii. If the User intends to pay the dues and/or charges of HAYR 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 HAYR to compute and debit the final total charges the User’s account with the specified card issuing organization.

iv. The User authorizes HAYR 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.

v. 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. HAYR shall not be responsible for any delay by the concerned bank in this regard.

vi. Payment of any charges/fees payable for availing the Services shall not be allowed to be made in cash.

8. COLLECTION OF PERSONAL DATA

i. By availing the Services through the Platform, the User authorizes HAYR 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 HAYR 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 HAYR, its users or the public as required or permitted by law, (e) to protect HAYR against third-party claims. HAYR 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 HAYR. HAYR shall however, not be liable for any misuse of any personal or non-Personal Information of the User by any third party.

ii. By availing the Services, the User agrees that the information provided on the Platform may be stored, processed and transmitted manually/electronically by HAYR. 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.

9. TRADEMARK, COPYRIGHT AND RESTRICTION

i. The Platform is controlled and operated by HAYR. 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 the User must not assist any other person to do so.

ii. HAYR respects the intellectual property of others. In case any person feels that his intellectual property has been infringed, he can write to HAYR at 

10. INDEMNITY

i.  The User shall be solely responsible for and shall keep HAYR 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.

ii. The User shall keep HAYR 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.

iii. 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.

11. LIQUIDATED DAMAGES

The User acknowledges that HAYR 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. HAYR, 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 5,000 (Rupees Five Thousand only) or (b) sum of the following, (i) 100% losses incurred by HAYR towards repairing and restoring the Vehicle, business loss etc.; and (ii) 100% value of the Vehicle, whichever may be higher.

The user hereby accepts that for following damages there would be penalty imposed by Hayr at least 20% above the fine imposed by the administration and traffic authorities:-

SR.NO. DAMAGES CAUSED
1 Carrying any illegal and unauthorized activity.
2 Violation of any traffic regulations
3 Smoking in the car
4 Any loss of car accessories
5 Tampering with the devices such as GPS etc.
6 Any damage to the Car
7 Driving at a speed above maximum speed limit of 60 km per hour
8 Towing or impounding of the car due to User’s fault
12. FORCE MAJEURE:

If performance of any service or obligation under the terms and conditions of this Agreement or any other provisions of the policies of the website, or other third parties in fulfilment 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 HAYR or its third parties performing such services as sub-contractor to HAYR and could not have been prevented by reasonable precautions (each, a “force majeure event”), then HAYR shall be excused from such performance to the extent of and during the period of such force majeure event. HAYR shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

13. APPLICABLE LAW

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mohali.

14. JURISDICTION FOR DISPUTE RESOLUTION

i. 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 HAYR, 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 HAYR.

ii. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 as amended. The arbitration proceedings shall be held in Mohali, India and conducted in English.

iii. The Terms and Conditions will be enforceable, any arbitration award will be final, and judgement thereon may be entered in any court of competent jurisdiction.

iv. 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 HAYR shall be subject to the exclusive jurisdiction of the courts at Chandigarh and the User hereby accedes to and accepts the jurisdiction of such courts.

15. CONTACT US

Please send any questions or comments (including all inquiries related to copyright infringement) regarding this Platform to support@hayr.in

16. GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the contact details of the Grievance Officer are provided below: