Your Car Our Driver
Kevalin Sarthi Services LLP B6/360, Chitrakoot Scheme, Vaishali Nagar, Jaipur-21 (Raj) INDIA
This deed of legal Agreement is made between 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 bounds to both parties when they enter into an agreement. This firm/ CARCHALAK will provide professional drivers to the customers those have registered ownership authority of vehicle and needed a professional driver for their required trip to all over India.
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 spend with customer’s requirement on hourly/day basis.
The contents of this Agreement only addresses the services which being 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 invoiced 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 outsation one way trip, “Customer” has to pay return bus fare to the driver in addition to 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 next trip, unless 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 second party during trip. In the event the “first party” terminates this Agreement, the “first party has the right to stopped services immediately if some misleading information/ wrong identification of travelers or ownership authority of 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 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:
a. Services provided by the first party can be only availed through online registration process with first party. The customer/you are supposed to provide name, contact no. and other required details to avail services.
b. The first party completely relies on the information provided by you and we shall not be held liable. If anyone uses customer/your account, the first party/Carchalak shall not be liable in any manner.
c. At any time first party/Carchalak is entitled to verify the information’s that you have provided and to refuse the service or use of App/website without providing reasons.
d. The Customer registering for Private cars for non-commercial purpose bear licensed plates with black lettering over white color background, and commercial vehicle bear licensed plates with black lettering over yellow color background or as per the amended rules by the Gov’t authorities.
e. 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.
f. To provide an initial inspection of the vehicle / Condition of the vehicle, physical or structural condition, or its component parts before departure.
g. To provide an initial inspection of the documents of the vehicle, or detailed information about the passengers before departure.
h. 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 all other
responsibility in any other mode.
i. During the trip /journey the owner or authority of the vehicle are supposed to carry documents such as registration certificate /insurance certificate/ID proofs/DL/Pollution certificate/fitness certificate of vehicle etc.
j. During the trip customers/passengers carrying their children in their vehicle are sole responsible for their look after.
k. Customers/Passengers are sole responsible for their health issues during the journey; especially while they are moving to hills area.
l. Customers are preferred to send their children with parents or authority while they are sending minors alone for trip/journey.
m. 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.
n. Customer/second party finds any negligence of the driver they are supposed to inform first party immediately.
o. Customers/second party are supposed to manage their timings while departure to Flight/Train /Bus. Carchalak will not be liable if any user misses his /her train/bus/flight.
p. In the trip/Journey all toll/fuel/maintenance/parking charges will be paid by the customer/user.
q. All services provided by Carchalak are at the sole risk of user/customer.
r. 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 to drive their vehicle in Hills or highways.
s. 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.
t. other than any personal criminal liability attaching to driver customer/you will be solely responsible for all consequences arising out of the use of service/driver.
u. User shall sole responsible if he/she hire a driver directly without company intimation.
v. Drinking while driving is strictly prohibited for drivers facilitated by CarChalak. If you find him indulge 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 indemnify in such condition. The passenger/car owner/booking agent will be held responsible for any such act by the driver at your service.
w. Return bus fare will be borne by the user in case of one way trip.
x. In case of any natural calamities, carchalak will not be liable for any damage.
y. If 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.
z. User away from city limit should pay additional charge i.e. 100 to our drivers for travelling allowance. This would be separate from actual bill.
Links to third party sites
Links to third party sites may provided by the application/website as a convenience to user/customer. The first party/Carchalak doesn’t have any control over such sites i.e. contents information and other source provided by them. User may access such third party links through hyperlinks. They may themselves 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 to read such site's terms and conditions of use of your such sites.
Start and cancellation policy
Once the driver is booked for rendering the services or already started journey with customer; customer is bound to pay for the services booked or used with 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 100 Rs/- charges to the first party for the inconvenience caused. The first party/service provider/ Carchalak does not gaurantee the contents of website/app are free of error, defect, malware and viruses or information hacked in other manner. The Copy right of the Carchalak is only associated with Kevalin Sarthi Services (LLP); if any other firm or company misuses the brand of the firm, customer is sole responsible for the same. However Carchalak also has 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 included 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 bear by customer.
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.
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