Terms And Conditions

Your Car In Safe Hands

KevalinSarthi Services LLP B6/360, Chitrakoot Scheme, Vaishali Nagar, Jaipur-21 (Raj) INDIAholds the registered brand name CARCHALAK under Registration of Trade Mark Section 23 (2), Rule 56(1)

This deed of legal Agreement is made between the first party (Kevalin sarthi services LLP having brand name CARCHALAK), a partnership firm registered under the laws of Govt. Of India; having its registered office at B6/360, Chitrakoot Scheme, Vaishali Nagar, Jaipur-302021 and Second party-Customers (Users). This agreement binds to both parties when they enter into an agreement. This firm/ CARCHALAK will provide professional drivers to the customers who have registered ownership authority of vehicles and need a professional driver for their required trip to all over India.

The customers are free to access the website /apps/internet services through their login ID and password. Customers may change and alter their information shared with the technological platform. The first party/Firm has limited rights to use the information shared by the customers under the privacy policy of the CARCHALAK.

The first party of this agreement (CARCHALAK) provides a technology based (website/apps/Internet etc.) platform services through its manpower in terms of professional Car drivers which enables user to obtain a short term private driver solution on hourly or day basis as per requirement of the customers. As a user Second party – (Customer/ you) authorize first party /CARCHALAK to drive your/customer vehicle and make decisions on your behalf during the time spend by driver with customer between pick and drop time or estimated total time spent with customer’s requirement on hourly/day basis.

The contents of this Agreement only address the services which are provided by the first party through its professional drivers to the second party/customers, with the following conditions.

1. It is understood, and agreed to by both parties, that any other services or obligations that are not expressly stated within this agreement are excluded from the stated terms of this Agreement.
2. Additional services not identified or defined within this Agreement to be performed by the “first party,” will be produced in an amended legal document reviewed, and signed by both parties.
3. The “Customer” will pay to the “first party” immediately before or after availing the services as per negotiations between them, the invoices billed according to the terms of the Agreement, based upon the rates/tariff that are in effect at the time of the services are rendered. And for outstation one way trip, “Customer” has to pay return bus fare to the driver in addition to the actual bill amount.
4. If another agreement exists in writing between “first party” and “Customer” covering such existing or other services at the time in which the new agreement is prepared, then the most recent agreement shall be considered the valid document. Term and Termination The term of this Agreement shall commence on the date, when customer agrees with the terms & conditions with first party and avail the services and continue in full force till the completion of services for specific event. The Agreement shall renew automatically for successive services taken for the next trip, unless the second party sends written notice to the first party immediately in defect of the services or any other grievance. The “first party” may also terminate this Agreement, with the “second party,” for any of the following reasons.

The “Customer” fails to pay any service fees or other charges due identified within this Agreement in a timely manner.

Any breach by the “Customer” of any of the provisions contained in this Agreement and the forged Documents/ misleading information provided by the customer.

The “Customer” fails to follow any of the recommendations made by the “first party” regarding the management, following rules/instructions given by the second party during the trip. In the event the “first party” terminates this Agreement, the “first party has the right to stop services immediately if some misleading information/ wrong identification of travelers or ownership authority comes into the knowledge of the first party.

Excluded Services. The services contained in this agreement shall NOT include:

Maintenance/Parts or cleaning facilities of the vehicle during the trip/journey or later at the cost of first party in any terms. Entire check-up of the vehicle before the trip starts shall be the responsibility of the owner or authority of the vehicle. Customer Obligation and Responsibility In signing this Agreement, the “Customer” acknowledges that they are major (18 years and above) sound mind and obligated to responsibly avail the services according to instructions The “Customer” agrees to have the “first party” provide the services as agreed upon and in conjunction with the Scope of Services:

1. Services provided by the first party can be only availed through the online registration process with the first party. The customer/you are supposed to provide name, contact no. and other required details to avail services.
2. The first party completely relies on the information provided by you and we shall not be held liable. If anyone uses the customer/your account, the first party/Carchalak shall not be liable in any manner.
3. At any time the first party/Carchalak is entitled to verify the information that you have provided and to refuse the service or use of App/website without providing reasons.
4. The Customers registering for Private cars for non-commercial purposes bear licensed plates with black lettering over white color background and commercial vehicles bear licensed plates with black lettering over yellow color background or as per the amended rules by the Government authorities.
5. The said vehicle should be in good condition and meets the industry safety standards and all applicable statutory requirements for a vehicle of its kind.
6. To provide an initial inspection of the vehicle / Condition of the vehicle, physical or structural condition, or its component parts before departure.
7. To provide an initial inspection of the documents of the vehicle, or detailed information about the passengers before departure.
8. During the trip/journey if vehicle is stopped by any authorities for the purpose of any investigation or routine checking, if any discrepancies found in the documentation of the vehicle or the checking of goods carried by the Customer, the customer /second party has to pay all fine and bear all other Responsibility in any other mode.
9. During the trip /journey the owner or authority of the vehicle is supposed to carry documents such as registration certificate /insurance certificate/ID proofs/DL/Pollution certificate/fitness certificate of vehicle etc.
10. During the trip customers/passengers carrying their children in their vehicle are solely responsible for their look after.
11. Customers/Passengers are solely responsible for their health issues during the journey; especially while they are moving to a hilly area.
12. Customers are preferred to send their children with parents or authority while they are sending minors alone for trip/journey.
13. All the rules & regulations are made to follow during the journey by or under any authority or act have to be followed by the passengers inside the vehicle as well as the general instructions directed by the second party or its agent/driver.
14. Customer/second party finds any negligence of the driver; they are supposed to inform the first party immediately.
15. Customers/second party are supposed to manage their timings while departing to Flight/Train /Bus. Carchalak will not be liable if any user misses his /her train/bus/flight.
16. In the trip/Journey all toll/fuel/maintenance/parking charges will be paid by the customer/user.
17. All services provided by Carchalak are at the sole risk of the user/customer.
18. If the customer /second party wants to drive the vehicle during the trip/journey. The driver may restrict this practice for the safety and security point of view. However the customer/second party restricted them from driving their vehicle in Hills or highways.
19. In case of any unfortunate event or damage during the trip/journey; entire responsibilities will be governed by the insurance company and owner or authority of the vehicle.
20. Other than any personal criminal liability attaching to driver customers/you will be solely responsible for all consequences arising out of the use of service/driver.
21. User shall be solely responsible if he/she hires a driver directly without company intimation.
22. Drinking while driving is strictly prohibited for drivers facilitated by CarChalak. If you find him indulging in any such practice, please immediately inform us. If the driver is encouraged/influenced/supported by you in this, it will be your negligence and CarChalak will be held indemnified in such conditions. The passenger/car owner/booking agent will be held responsible for any such act by the driver at your service.
23. Return bus fare will be borne by the user in case of one way trip other than the billed amount.
24. In case of any natural calamities, carchalak will not be liable for any damage.
25. If the user is not with the vehicle, he/she has to inform us prior. If doesn’t inform prior & anything bad happens, carchalak will not be responsible in any manner.
26. Users away from the city limit should pay an additional charge i.e. 100 to our drivers for traveling allowance. This would be separate from the actual bill.
27. Any In-city ride which is running more than 9 hours, food charges of Rs. 100 will be added in your final bill.
28. Any car which values more than 30 lacs (ex-showroom) will be considered as a luxury vehicle.
29. Waiting time for any ride is maximum 20 minutes thereafter the driver may take another booking and will leave your place.
30. CARCHALAK shall be entitled to disclose to any government body the particulars of the User in the possession, in its absolute discretion.

Links to third party sites

Links to third party sites may be provided by the application/website as a convenience to the user/customer. The first party/Carchalak doesn’t have any control over such sites i.e. contents, information and other sources provided by them. Users may access such third party links through hyperlinks. They may themselves be responsible while visiting such websites or links. The said first party is not responsible for such use or access on other third party links. You are cautioned to read such sites terms and conditions of use of your sites.

Start and cancellation policy

Once the driver is booked for rendering the services or has already started the journey with the customer; customer is bound to pay for the services booked or used with the first party. However, once the driver is booked and if the customer cancels the trip immediately before one hour of the departure time booked; customer second party is bound to pay 150 Rs/- charges to the first party for the inconvenience caused. The first party/service provider/ Carchalak does not guarantee the contents of the website/app are free of error, defect, malware and viruses or information hacked in other manner. The Copyright of the Carchalak is only associated with KevalinSarthi Services (LLP); if any other firm or company misuses the brand of the firm, the customer is solely responsible for the same. However Carchalak also has the right to take legal action against such unethical practices. Carchalak reserve the rights to deny access to particular user to any/all of its services without any prior notice /explanation in order to protect the interest of Carchalak and or other user to the website/app. If user customer found to be in an intoxicated state as well found misbehaving with other passengers or driver of causing a nuisance or misusing his own vehicle in any means; the Carchalak may cancel trip immediately or take suitable action. Insurance and damage to property Neither first party procure insurance for damage or loss of any personal belongings or any other property including tape records, discs, speed measuring device and accessories of any kind nor first party may indemnify in any manner to the customer/person/institution/organization etc. The sole responsibility will be borne by the customer.

RETURN & REFUND POLICY

At Kevalin Sarthi Services LLP, we do our best to ensure that you are completely satisfied with our services. And we are happy to issue a full refund based on the conditions listed below:

Full Refunds Possible If:

The users cancel his ride one hour prior to his requested pick up time.

Partial Refunds Possible If:

The user takes less service hours than requested.

Please note: Mode of refund may vary depending on circumstances. If the mode of refund is by Credit/Debit Card or Net Banking, please allow 10 to 14 working days for the credit to appear in your account. While we regret any inconvenience caused by this time frame, it is the bank’s policy that delays the refund timing and we have no control over that. If the mode of refund is by e-wallet, credit should be available within 72 hours.

During peak seasons please allow up to 15-18 business days for your refund to process.

How to Request a Refund:

To request a refund, simply email us your order details, including the reason why you’re requesting a refund. We take customer feedback very seriously and use it to constantly improve our quality of service.

If you have any queries, contact us on carchalak@gmail.com

Account offer & promotions

The offers and promotional schemes are subject to terms and conditions of the first party/firm and may vary on customer basis. The “Customer” must follow and maintain the services in a manner consistent with the recommendations of the service provider.

Disclaimer of warranties and limitation of liability Customer understands and agrees that neither this agreement, nor any communication or recommendations provided by the first party , are a guarantee or warranty of any kind regarding the services and any such warranties, express or implied, are hereby disclaimed by the first party. Customer specifically understands and agrees that the first party will not under any circumstances be liable for repair, or replacement of the vehicle or any other consequential, incidental, property or economic damages arising out of or relating to any services performed by the first party pursuant to this agreement. Customer further agrees that the maximum liability of the first party arising out of this agreement is up to the tariff charged for the services from the customers. This Agreement constitutes the entire arrangement between the parties, and there are no Agreements, understandings, restrictions, warranties or representations between the parties other than those set forth herein or herein provided for. All prior or contemporaneous negotiations, Agreements, understandings, statements, representations and warranties are merged into the terms hereof and are superseded hereby.

Choice of Law, The interpretation and enforcement of this Agreement shall be governed by the laws within the territory of JAIPUR Jurisdiction. Amendment, Modification and Waiver This Agreement may be modified or amended only in electronic mode or writing signed by the” firm/first party” and the “Customer/second party.”

The rights, responsibilities, and obligations of this Agreement are personal and specific to each of the parties, and shall not be binding upon or inure to the benefit of any third party. The “Customer” and “firm” agree that they do not intend, by their performance of this Agreement, to confer any benefit, right, or entitlement upon any third party. The “firm” assumes no responsibility for any third party’s reliance on

Any of the services, analysis, review, or recommendations provided by the “firm” pursuant to this Agreement. Mediation and Arbitration The ‘Customer” and “firm” agree that, at the sole option of the “firm” any claims or controversies, demands or causes of action of any kind or description arising under or relating to this Agreement, or relating to the interpretation of this Agreement, shall be resolved through mediation and then, if necessary, binding arbitration in accordance with the service Industry Rules of the Indian Arbitration & Conciliation Act. Upon agreeing on terms and conditions through any electronic mode of this agreement has the effect of signing this legal agreement.

CC MONEY WALLET

CARCHALAK Wallet is a mobile banking service provided by KevalinSarthi Services LLP. (hereafter referred to as “CARCHALAK”). CARCHALAK has an inter alia aggregate payment gateway solutions service arrangement with PAYTM

CARCHALAK Wallet allows CARCHALAK customers to conduct financial transactions using a mobile device and software called CARCHALAK app which is integrated with PAYTM software. PAYTM will act as an intermediary by creating a link between CARCHALAK and the respective Acquiring Banks by means of software application and PAYTM site for enabling CARCHALAK customers to make payment of customer charge on CARCHALAK site for transactions carried through the payment mechanisms using the Acquiring Bank’s services. The Payments and Settlement Systems Act, 2007 is the primary law governing PAYTM payments systems in India, with the RBI as the body to supervise related matters.

CARCHALAK Wallet is a Closed System Payment Instrument as defined by RBI. This payment instrument is issued by CARCHALAK, for use for CARCHALAK on-demand driver service only. These instruments do not permit cash withdrawal or redemption.

2. TERMS AND CONDITIONS OF CARCHALAK WALLET SERVICE FOR CUSTOMERS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By registering at or merely browsing on Our Site you have agreed to be bound by all of these Terms and Conditions of Service for use and access of the Site. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE TERMS AND CONDITIONS BEFORE YOU USE ANY OF THE SERVICES OFFERED ON THE SITE, BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. If You do not accept any of the Terms and Conditions, then please don’t use the Site or avail any of the Services being provided therein

YOU AGREEING TO THESE TERMS AND CONDITIONS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND CARCHALAK IN RESPECT OF THE SERVICES OFFERED/AVAILED USING THE SITE

Services NOT Offered by CC MONEY Wallet

1. Online Gambling
2. Remittance services
3. No other use of the CARCHALAK Wallet service that may be prohibited by law

Use of CC MONEY Wallet

1. Upon successful registration, you can start availing Our Services through CARCHALAK Wallet.
2. The features of CARCHALAK Wallet are as follows:
3. Currency of issue. Indian Rupees only.
4. Limits of re-loading (i) up to Rs.10,000/- by accepting Your minimum details provided the amount outstanding at any point of time in Your CARCHALAK Wallet does not exceed Rs 10,000/- and the total value of reloads during any given month also does not exceed Rs 10,000/-.
5. Transferability: RBI Regulations prohibit transfer of the Accounts and/or CARCHALAK Wallets from the Customer to any third party. Validity period. 3 years from the date of activation/issuance to the holder.
6. Maximum permissible period of non-use of the CARCHALAK Wallet (“Permissible Period.”) 6 months either from the date of issuance or from the date of the last use of Services occurred.
7. We reserve the right to forfeit the balance in Your Account at the time of expiry of the CARCHALAK Wallet or in case the Wallet is not used beyond the Permissible Period. We shall intimate You about such forfeiture and expiry of the CARCHALAK Wallet or the Permissible Period 30 days’ prior to expiry of Your Account or the Permissible Period, before forfeiting outstanding balances in the Account if any. The intimation shall be sent to registered email id or phone number. We shall not be held responsible or liable for any failure of delivery of the intimation. Further, You agree and acknowledge that You shall have no claim against Us for the balance forfeited from your CARCHALAK Wallet.
8. All Transactions shall be subject to the amount of the outstanding balance existing in the CARCHALAK Wallet at the time of making a transaction, Domestic Money Transfer Guidelines as issued by RBI or any other limit as may be prescribed by Us from time to time.

Charges

There are no Charges and fees levied by CARCHALAK Wallet to the registered customer for the use of the CARCHALAK Wallet service. We reserve the right to change Our policies and any Charges from time to time. In particular, We may at Our sole discretion introduce new services and modify some or all of the existing Services offered on the Site. In such an event, we reserve, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing Services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on the Site

Refunds

1. In the event that you desire a refund on any amount that has been debited from Your CARCHALAK Wallet, please email carchalak@gmail.com and make a refund request clearly explaining the circumstances of your refund request.
2. Where we determine that a refund request is valid, We shall make reasonable efforts to grant the refund request and return the requisite funds to Your CARCHALAK Wallet.
3. Please note that RBI regulations do not permit Us to refund any balance existing in Your CARCHALAK Wallet back to You since this is a Closed Wallet.
4. In case Your CARCHALAK Wallet is erroneously loaded / reloaded, after assessing the validity of the written request from You, We shall process to credit the funds to the same source from where these were received.
5. We will make reasonable efforts to respond to Your refund request at the earliest. Please note that We will not be responsible for delays, which may be caused by any third parties such as banks and Merchants, on whom We rely while processing Your refund request or delay caused in the case of any or any force majeure events which are beyond Our reasonable control. Therefore, We bear no liability for the processing of the refund requests.

COUPON

1. Coupon(s) means a coupon issued by CARCHALAK  and/or a coupon issued by CARCHALAK under a co-branding arrangement with an entity.
2. In consideration of the Customer making payment of money to the CARCHALAK or to any of its authorized dealers, the Service Provider will issue and/or cause to be issued to the Customer the CARCHALAK Wallet Coupons in the physical and/or the digital forms depending upon the manner the Customer orders therefore; Service Provider has for the time being arranged for the issue of the CARCHALAK Wallet Coupons through the three modes i.e. crediting the Customer’s CARCHALAK Wallet account with the coupons of the requisite denominations depending upon the amount paid through any of the processes: using the Credit/Debit Card Online to charge the Customer’s account with the Service Provider, payment to any of the authorized dealers of the CARCHALAK or the purchase of the prepaid card from any of the authorized dealers; (vi) CARCHALAK Wallet is not and shall not be a domestic remittance service and as such no user will be entitled to redeem and/or cause to be redeemed the same for cash. CARCHALAK Wallet Coupons are not and shall not be a legal tender within the meaning of any law including The Reserve Bank of India Act, 1934. CARCHALAK Wallet coupons can only be redeemed by registered Merchants by means of a transfer of equivalent value of their coupon balance to their bank account, or by an account payee cheque, and such payment will be issued by CARCHALAK after deducting any service charges.
3. Coupons are non-refundable electronic credits that can be used to make transactions with registered merchants, but cannot be redeemed for cash

Eligibility.

1. You will be “Eligible” to use Our Services only when You fulfill the following conditions:
   • (a)Have attained at least 18 (eighteen) years of age;
   • (b)Are competent to enter into a contract under the Applicable Laws.
2. You can avail the Services only if You fulfill the conditions as mentioned above. If You are not Eligible, please immediately abandon any and all attempts to register with Us.
3. We rely completely on the information provided by you, and Carchalak shall not be held liable if anyone misuse Your Account.
4. As a minor if You wish to avail the Services, such Services may be availed by your legal guardian or parents who have registered as users on the Site. Notwithstanding anything contained under these T&Cs, We reserve the right to terminate Your membership and refuse to provide You with access to the Site or provide Services if it is brought to Our notice or if it is discovered that You are under the age of 18 years or are incompetent to contract as per Applicable +have attained at least 18 (eighteen) years of age; are competent to enter into a contract under the Applicable Laws.
   • +have attained at least 18 (eighteen) years of age;
   • are competent to enter into a contract under the Applicable Laws.
5. You can avail the Services only if You fulfill the conditions as mentioned above. If You are not Eligible, please immediately abandon any and all attempts to register with Us.
6. As a minor if You wish to avail the Services, such Services may be availed by your legal guardian or parents who have registered as users on the Site. Notwithstanding anything contained under these T&Cs, We reserve the right to terminate Your membership and refuse to provide You with access to the Site or provide Services if it is brought to Our notice or if it is discovered that You are under the age of 18 years or are incompetent to contract as per Applicable