1.1.The Services are available only to persons who can enter legally binding contracts under Indian Contract Act, 1872 and are above the age of 21 years, holding a valid drivers license, without previous criminal records and without any restrictions on driving due to any medical conditions or any other restrictions imposed under any law including but not limiting to the Motor Vehicles Act, 1988, as amended from time to time.
1.2. ORIGINAL Aadhaaris mandatory at the time of pick-up.
1.3.Local IDs, Students Must carry their Job/Collage/institution ID Card for the Address Proof. Without absence of Institution/Job/College ID, Local IDs are not eligible to rent a car under Tooros Platform.
1.4. Upload your Driving license & ,Adhar Card or Other ID & Live Photo for the Pre-verification of your documents.
1.5.In the absence of any Valid Documents the booking will be treated as Cancelled and Rs.500/- will be deducted from Total amount Paid.
1.6.Minimum 24 years age is required for Premium Range vehicles.
1.7. Persons who are not-competent to contract within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, and person of unsound mind are not eligible to use the Platform or avail the Services.
1.8. Any person under the age of 21 shall not register as a User of the Platform and shall not transact on or use the Platform.
1.9. Toorosreserves the right to terminate any Users membership and/or refuse to provide such User with access to the Platform and/or initiate appropriate action against any User if it is brought to Toorosnotice or if it is discovered that such User is not eligible to use the Platform and/or avail the Services.
2.1. The Vehicle shall be self-driven by the User only and the User shall not assign/sub-rent/license the Vehicle to any other person whatsoever.
2.2. The User through whose account the Services are availed shall be responsible for compliance of these Terms and Conditions and other laws, such User shall be liable for all losses including but not limited to claims, actions, demands, damages, penalties, fines, liability arising in case of contravention with these Terms and Conditions or any law.
2.3. The User shall present the original photo identity documents as well as the driving license uploaded on the Platform while availing the Services, at the time of obtaining delivery of the Vehicle, failing which Tooros shall be entitled to refuse the delivery of the Vehicle and cancel the Services. In such an event both booking amount and security amount shall be forfeited and no refund will be made.
2.4. The User will provide contact details of an emergency contact while availing the Services on the Platform.
2.5. Unlimited Kilometeres Only applicable On & above 24 Hours Bookings.
2.6. 250 Kms is Limited for 12 Hours Booking.
2.7. The User will intimate Tooros, about the destination where the Vehicle will be driven and the route taken to reach such destination.
2.8. The User shall return the Vehicle, to the agreed return location and on the date and time specified in the Invoice, unless the User requests and Toorosagrees to an extension in writing, or sooner upon demand being made by Tooros.
2.9. Upon the User’s request, Tooros cars may provide for a pick up facility of the Vehicle from the User, the charges for such facility will be as mentioned in the Invoice or as intimated by Toorosto the User while processing such request.
2.10.The User shall ensure that the Vehicle at the time of return is in proper operating condition, undamaged and clean.
2.11. In event of any damage caused to the Vehicle, other than normal wear thereof, the User agrees to repair and/or replace the damaged Vehicle part at his own expense with a new Vehicle part of the same dimension/branding an authorized service centre for such Vehicle as intimated by Tooros cars and after obtaining prior approval from Tooros.
2.12. In case of loss or damage to any of the papers or documents pertaining to the Vehicle during the Rental Period, the User will pay Tooros all the expenses incurred by it in applying for such documents and the User will also be liable to pay a fine of INR 10,000 (Rupees Ten Thousand only)* to Tooros upon demand.
2.13.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. Tooros judgement on the damage and/or tampering with the Vehicle, the odometer shall be final.
2.14. 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 Tooros at its sole discretion. Additionally, Tooros reserves the right to take legal recourse against the User as deemed fit by Tooros.
2.15. No smoking is permitted inside the Vehicle. Failure to comply with this requirement may lead to the immediate cancellation of the Services, without a refund. Moreover, the User may be held liable for the charges related to cleaning the Vehicle, as well as any damage caused by burns to any part of the Vehicle including without limitation the seats and/or the carpets (flooring).
2.16. The User’s acceptance of delivery of the Vehicle will be considered as the User’s acknowledgment of having received the Vehicle in good condition. The User shall be solely liable for cost of all fuel consumed during the Rental Period.
2.17. User is permitted a buffer of 30 (Thirty) minutes for returning the Vehicle subject to payment of late returning charges as mentioned in the Invoice and as intimated on the Platform at the time of availing the Services, post which next hour rental will be applicable, as the case may be.
2.18.The User shall return the Vehicle in the same good order and condition, as had been delivered to the User. The decision of Tooros in respect of the order and condition of the Vehicle and Vehicle Parts shall be final.
2.19. The vehicle will be returned to Tooros with same fuel quantity as was provided. In the event User does not provide the fuel as has been mentioned, Tooros shall have the right to charge the User for the deficit quantity of the fuel.
2.20. If the Vehicle requires cleaning or washing after the User has returned it, the User will be held liable for the cleaning or washing expenses. The decision of Tooros cars in respect of the need for cleaning or washing the Vehicle shall be final.
2.21. The User shall take all necessary steps to protect the interest of Tooros 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 Tooros 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 Tooros.
d) Give on demand by a police officer any information required by him or, if no police officer is present, report the circumstances of the occurrence to the nearest police station and in any case within 24(Twenty Four) hours of the occurrence.
e) Contacting Tooros immediately by telephone or e-mail and forwarding a copy of FIR (if applicable) and/or summons complaint or paper in relation to such loss even in case of slight damage; further completing Tooros accident report, including diagram as required on return of Vehicle.
f) Provide all assistance to Tooros, in claiming insurance from the insurance company by providing all the necessary information and/or documents required by Tooros including but not limited to date, time and place of accident, particulars of the persons injured or killed in the accident and name of the driver and the particulars of his driving licence.
g) Pay Tooros 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 Tooros.
2.22. That User shall during the Rental Period:
a)Always lock the Vehicle when not in use and ensure that it is adequately protected against damage due to adverse weather conditions, arson, riot, theft, etc.
b) Not allow any person other than personnel of an authorized service center without the prior authorization of Tooros 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 Tooros for any purpose whatsoever.
d) Be fully responsible for any loss or damage caused to the Vehicle howsoever occasioned other than normal wear and tear. The User shall give immediate notice to Tooros and subsequently confirm in writing by sending through speed post/courier and also e-mail within 24 (Twenty Four) hours of any loss or damage caused to the Vehicle or any break down, malfunction or other failure thereof. The obligations of the User hereunder shall not be prejudiced by the existence of any policy ofinsurance in respect thereof. The User shall not continue to use the Vehicle in the event of damage to or a breakdown of the Vehicle if to do so would or might cause further damage to the Vehicle.
e) Not permit any pets inside the Vehicle.
f) Not consume any food inside the Vehicle.
g) Neither remove nor change or tamper with the number plate, any name or other mark identifying the ownership of the Vehicle.
h)Neither use nor allow the Vehicle to be used for any illegal purposes or for any purpose of which it is not suitable or desirable.
i)Neither use nor allow anyone to carry passengers more than permitted by the registration paper.
j) Acknowledge that the Vehicle is and shall be throughout the period of its hiring be the sole property of Tooros and/or its affiliates and all rights thereto shall vest in Tooros and/or its affiliates.
k) Inform Tooros about the location of the Vehicle at timely intervals as mentioned in the Invoice.
2.23. The User shall adhere to the following rules while driving the Vehicle:
a) User shall not drive the Vehicle in any public place at a speed exceeding the maximum speed or below the minimum speed prescribed for such place for the Vehicle.
b) The User shall drive the Vehicle in conformity to the driving regulations made by the central Government or directions given by the police officer, including but not limited to The Motor Vehicles Act, 1988, the Central Motor Vehicle Rules and/or 1989, the Rule of the Road Regulations, 1989.
c) The User shall not park the Vehicle or remain at rest in the Vehicle in any place in such a manner, which may cause obstruction, danger or undue inconvenience to other users of the public place or adversely affects the safety of the Vehicle.
d) The User shall at the approach of an unguarded railway level crossing, halt the Vehicle and the User or any other person shall walk to railway crossing and ensure that no train or trolley is approaching from either side before crossing the railway crossing.
e) The User shall halt the Vehicle and remain stationary, when required to do so by a police officer in event the Vehicle is involved in an accident.
f) The User shall halt the Vehicle and remain stationary, when required by a person in charge of an animal who apprehends that the animal is or being alarmed by the Vehicle.
g) The User shall provide all information regarding the name and address and the driving license held by the User to any police officer when asked for the same.
2.24. In the event that the User is in violation of the requirements stated in Clause 2.21, 2.22 and 2.23, Tooros shall be entitled to impose on the User a minimum fine/penalty of INR 10,000 (Rupees Ten Thousand only)*.
2.25. The User is personally liable to pay to Tooros on demand, the charges for pick-up service, drop service, fuel and miscellaneous charges at the rates specified in Invoice.
2.26.Customer needs to verify vehicle documents before accepting vehicle at the time of pickup.
2.27.Tooros shall be at liberty to adjust/deduct/set off all the above expenses mentioned in this Clause 2 from the Security Deposit.
3.1. The User acknowledges that the use of the Services is at his sole risk. Tooros disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness of the Services offered by it.
3.2. Tooros shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use of the Services or due to Tooros failure to provide the Services at all, for any reason whatsoever whether or not beyond the control of Tooros.
Road side assistancemay be provided in accessible areas (subject to availability of resources and vehicle in similar segment in the city) in such cases where the Vehicle develops such a problem that restrains the User from its use. Tooros shall make all efforts to ensure that the Vehicle manufacturer or a third party partner of Tooros provides road side assistance to the User in such cases. However, Tooros provides no guarantee that such replacement vehicle will be made available.
5.1. The User understands that Tooros 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, Tooros can (and the User hereby expressly authorizes Tooros to) disclose any information about the User to law enforcement or other government officials in accordance to law and including but not limited to the Information Technology(Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009, the Information Technology (Procedure for Safeguards for Blocking for Access of Information by Public) Rules, 2009, the Information Technology (Procedure and Safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, or any other law as Tooros, in its sole discretion, believes is necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
5.2. The User understands that Tooros 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 Tooros.
5.3. In the event of any breach by the User of any of the terms and conditions hereof, Tooros may without notice repossess the Vehicle and for such purpose may enter upon premises where the Vehicle may be situated and remove the same and the User shall be responsible for and shall indemnify Tooros against all actions, claims, costs and damages consequent upon or arising from such repossession and removal.
5.4.The User understands that Tooros has the right at all times to retain the credit/debit card/internet banking/e-wallet details of the User in order to satisfy any claim that may arise in the future due to any reason attributable to the User.
6.1. The User understands that Tooros 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, Tooros can (and the User hereby expressly authorizes Tooros to) disclose any information about the User to law enforcement or other government officials in accordance to law and including but not limited to the Information Technology(Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009, the Information Technology (Procedure for Safeguards for Blocking for Access of Information by Public) Rules, 2009, the Information Technology (Procedure and Safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, or any other law as Tooros, 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.
6.2. The User understands that Tooros 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 Tooros.
6.3. In the event of any breach by the User of any of the terms and conditions hereof, Tooros may without notice repossess the Vehicle and for such purpose may enter upon premises where the Vehicle may be situated and remove the same and the User shall be responsible for and shall indemnify Tooros against all actions, claims, costs and damages consequent upon or arising from such repossession and removal.
6.4.The User understands that Tooros 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.
|Sl No.||Action / Non-compliance||Additional Amounts / Surcharges|
|1||Failure to return the car at the Scheuled location||Rs. 1000/-|
|2||Return of car delayed beyond the scheduled time||Rs. 250/- per hour for every hour beyond the scheduled time|
|3||Performing any unauthorized activity such as carrying arms and ammunition, any intoxication, commercial activity||Rs. 10,000 plus User will be held liable for any legal action arising out of these activities*|
|4||Violation of traffic regulations||Rs. 1,000* In addition, the actual fine charged due to traffic violation will be charged from the User|
|5||Smoking in the car||Rs. 2000 or the repair amount, whichever is higher*|
|7||Not keeping the car clean and/or littering in or dirtying the car||Rs. 500 or the cleaning cost of the car, whichever is higher*|
|8||Tampering with the devices such as GPS etc.||Rs. 5000 plus the actual cost of the repair or the fitment will be charged from the User*|
|9||Driving at a speed above maximum speed limit of 80 km per hour||For subsequent violations, Rs. 200 will be charged per violation*|
|10||Causing any damage to the car||Sum of the following, (i) 100% losses incurred in repairing and restoring the Vehicle; and (ii) 100% value of the Vehicle, whichever may be higher*|
|11||Causing external branding on the car||Rs. 10,000 will be charged plus any expenses arising out of repair cost or such damages will be charged to the User*|
|12||Failure to submit original documents||Forfeiture of Security Deposit and booking amount|
|13||Failure to return car keys||Rs. 10000 will be charged plus any replacement cost incurred will be charged to the User*|
|14||Towing or impounding of the car due to User s fault||Full towing/impounding cost on actuals shall be charged from the User*|
|15||Driving under the influence of alcohol||100% of vehicle damage shall be charged. The additional charges payable shall be over and above the Security Deposit*.|
|16||Any intentional damage such as continuing to drive after accident or under extreme conditions or rash driving etc.||100% of vehicle damage shall be payable. The additional charges payable shall be over and above the Security Deposit*.|
|17||The User not driving himself (only the account holder of the present booking is allowed to drive)||100% of vehicle damage shall be charged. The additional charges charged shall be over and above the Security Deposit*.|
|18||Change/Swipe||Rs.500 Will be Deductable on Swiping/Change of Vehicle.|
At the time of delivery of the Vehicle to the User, Tooros shall have the right to block an advance deposit at a rate as intimated at the time of availing the Services on the Platform and as provided in the Invoice (“Security Deposit”). This will be treated as a security deposit and in case of any unpaid dues as per these Terms and Conditions and/or damage to the Vehicle, the unpaid dues, penalties under Clause 6.11 and/or cost of damage will be adjusted/deducted/set off from the Security Deposit.
8.1. By availing the Services through the Platform, the User authorizes Tooros 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 Tooros 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 Tooros, its users or the public as required or permitted by law, (e) to protect Tooros against third-party claims. Tooros 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 Tooros. Tooros shall however, not be liable for any misuse of any personal or non-Personal Information of the User by any third party.
8.2.By availing the Services, the User agrees that the information provided on the Platform may be stored, processed and transmitted manually/electronically by Tooros. 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.
9.1. The Platform is controlled and operated by Tooros. All material on the Platform, including artwork, computer code, design, structure, selection, co-ordination, expression, the look, feel and arrangement of the content on the Platform, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Platform is solely for the User’s personal, non-commercial use. The User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and also, the User must not assist any other person to do so.
9.2. Tooros respects the intellectual property of others. In case any person feels that his intellectual property has been infringed, he can write to Tooros email@example.com
10.1. The User hereby releases and agrees to indemnify Tooros from and against any liability for loss or for damage to any property (including costs relating thereto) left, stored or transported by the User or any other person in or upon the Vehicle before or after return of the Vehicle.
10.2. The User shall be solely responsible for and shall keep Tooros 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.
10.3. The User shall keep Tooros 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.
10.4. The User hereby acknowledge that for the purposes of the Motor Vehicles Act, 1988, the User shall be liable in respect of the Vehicle for any of the offences which may be committed under the applicable law and for any liability with respect to the use of the Vehicle including but not limited to any challans, penalties, third party liability, accidents and the User shall indemnify against any losses, damages, costs and liabilities etc., in this regard.
11.1. In no event shall Tooros be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms and Conditions and the Services, even if the User has been informed in advance of the possibility of such damages.
11.2. Subject to the above and notwithstanding anything to the contrary contained in these Terms and Conditions, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of Tooros towards any User, regardless of the form of claim, be INR
11.3. The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein.
The User acknowledges that Tooros 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. Tooros, in its sole discretion, regardless of any insurance coverage will be entitled to seek as damages for the same in the nature of liquidated damages (not being penalty), (a) an amount of INR 10,000 (Rupees Ten Thousand only)* or (b) sum of the following, (i) 100% losses incurred by Tooros in repairing and restoring the Vehicle; and (ii) 100% value of the Vehicle, whichever may be higher**.
14.1. Any dispute or disagreement arising out of these Terms and Conditions including but not limited to issues relating to the rights and liabilities of both the Users and/or Tooros, 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 Tooros.
14.2. The arbitration proceedings will be governed by the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in Bhubaneswar, India and conducted in English.
14.3. The Terms and Conditions will be enforceable, and any arbitration award will be final, and judgement thereon may be entered in any court of competent jurisdiction.
14.4. To the extent permitted under the Arbitration and Conciliation Act, 1996 the User agrees that all claims, differences and disputes arising under or in connection with or in relation to these Terms and Conditions and the Services, or any transaction entered into on or through the Platform or the relationship between the User and Tooros shall be subject to the exclusive jurisdiction of the courts at Bhubaneswar and the User hereby accedes to and accepts the jurisdiction of such courts.
Please send any questions or comments (including all inquiries related to copyright infringement) regarding this Platform to firstname.lastname@example.org