User Terms & Conditions of Service

1. Definitions

All defined and capitalized terms in these User Terms will have the meaning assigned to them hereinbelow or shall have the meaning as ascribed elsewhere in these User Terms:

1. 1.1. Account - shall mean the account created by the User on the Site for availing the Services provided by Chauffit.
2. 1.2. Additional Fee - shall mean to include without limitation, any toll duty, inter-state taxes, which is not a part of the Fare but is payable to any third party/governmental authorities for undertaking the Booking under Applicable Laws.
3. 1.3. Applicable Laws - shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
4. 1.4. Application - shall mean the mobile application 'Chauffit' updated by Chauffit from time to time.
5. 1.5. Booking - shall mean request for provision of Service by the User, facilitated through the Site or via telephonic request at the call centre of Chauffit.
6. 1.6. Convenience & Site Fee - shall mean the fee payable by the User to Chauffit for the Service i.e., for availing the technology services offered by Chauffit. Convenience and Site Fee shall be chargeable on every booking made through the Site. The Convenience and Site Fee shall be exclusive of all applicable taxes on the Convenience and Site Fee, if any.
7. 1.7. Cancellation Fee - shall mean the Fare and Convenience Fee payable towards cancellation of a Booking by a User.
8. 1.8. City of Operation - shall mean a city in which the Users and TPSPs avail and render the Service. For clarity, the service rendered by the TPSPs and availed by the User shall be in the same city.
9. 1.9. User - shall mean a person who has an Account on the Application.
10. 1.10. User Data - shall mean the data necessary for providing the services at ease such as name, registered email address, registered contact information, etc. and shall also include data to create an account along with proof the legal eligibility of the User to enter into service agreement with Chauffit.
11. 1.11. Driver - shall mean a TPSP who have opted to enlist themselves with Chauffit to offer their Services within the City of Operation. The drivers are screened and trained prior to being listed as a driver on the Chauffit platform. At no point can the driver represent himself to be an employee of Chauffit.
12. 1.12. Chauffit - shall mean technology based electronic platform service by Chauffit LLP registered under the Limited Liability Partnership Act, 2008 ("LLP Act"), having its registered office at 124-125 Ph-VI, Udyog Vihar, Sector-37, Gurugram, Haryana, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
13. 1.13. E-Wallet - shall mean a pre-paid instrument, which can be used to make payments.
14. 1.14. Fare - shall mean such amount in Indian Rupees, may comprise one or more of the following components: (a) minimum fare; (b) base fare; (c) night charges; (d) extra per kilometre charges; (e) extra per minute charges; (f) Convenience & Site Fees; (g) DU Secure Fee; (h) Cancellation Fee; (i) past dues; (j) waiting charges; and (k) applicable taxes.
15. 1.15. Force Majeure Event - shall mean any event arising due to any cause beyond the reasonable control of Chauffit.
16. 1.16. Registration Data - shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Chauffit from the User from time to time for registration on the Site.
17. 1.17. Service - means the driving service and any other service, as the case may be offered by Chauffit through the Site or via a telephonic request at the call centre of Chauffit, within the City of Operation.
18. 1.18. Site - shall mean the Application, the Website, or any other software that enables the use of the Application or such other URL as may be specifically provided by Chauffit.
19. 1.19. Total Booking Fee - shall mean and include the Fare and Additional Fee, and taxes as may be applicable from time to time. But does not include any governmental taxes such as toll taxes or any other charge payable on the Vehicle and its operation.
20. 1.20. TPSP - shall mean a Third-Party Service Provider including a Driver or any operator associated with Chauffit, offering Services within the City of Operation as requested by the User.
21. 1.21. Vehicle - shall mean the User's 'motor cab' as defined under the Motor Vehicles Act, 1988.
22. 1.22. Website - shall mean the website [www.chauffit.in] operated by Chauffit.

2. Eligibility and Account

2.1. The User represents and warrants that:

1. They are at least 18 years of age or have attained the age of majority under applicable law;
2. They possess the legal authority and capacity to enter into this Agreement;
3. All information provided by the User is true, accurate, and complete.

2.2. The LLP reserves the right to suspend or terminate accounts found to contain false or misleading information.

2.3. Persons under the age of 18 (eighteen) years shall use the Service provided by Chauffit, only under strict guidance and supervision of their parents/legal guardians with their registered account. No person below 18 years shall register their account on Chauffit.

3. User Account and Security

3.1 The User may be required to create an account to access Services.

3.2 The User shall be responsible for:

1. Maintaining the confidentiality of login credentials;
2. All activities conducted through their account;
3. Any such unpermitted or unwarranted information (information neither required nor asked to share) shared by user with Chauffit or TPSP/Driver, as the same will not be considered confidential or covered under DPDP Guidelines to protect or delete or its misuse. In case of unwanted share, user may ask the Chauffit to alter, delete or verify such information.
4. Promptly notifying the LLP of any unauthorized access or security breach.
5. Open only one account in association with the registration data provided by you.
6. Use of authorized network to avail the services.

3.3 The LLP shall not be liable for any loss or damage arising from unauthorized use of the User's account.

4. Services

4.1 CHAUFFIT is a technology-enabled platform that facilitates the booking of chauffeur-cum-driver services through its mobile application and/or website.

4.2 The Services allow Users to engage independent drivers allocated through the CHAUFFIT platform for driving the User's own private vehicle from one destination to another.

4.3 CHAUFFIT acts solely as an intermediary platform connecting Users with independent drivers and does not operate as a transport carrier, taxi operator, or employer of the drivers unless expressly stated otherwise.

4.4 The User acknowledges and agrees that:

1. The vehicle used during the Service shall at all times remain the User's own private vehicle;
2. CHAUFFIT does not provide or own transportation vehicles;
3. Drivers are allocated subject to availability and operational limitations.

4.5 CHAUFFIT reserves the right to refuse, suspend, or cancel any booking in cases including but not limited to:

1. False or misleading information provided by the User;
2. Safety concerns;
3. Violation of applicable law or these Terms;
4. Abuse, misconduct, or inappropriate behavior.

4.6 Chauffit will ensure that the driver will put his phone on the dashboard or on clearly visible area to the user, in order to record the ride, visible map direction to user, GPS locator and non-use of mobile phone via drivers during the course of service, for the purposes of safety and security concerns, safety incident investigation, grievance redressal and compliance with applicable law. Chauffit shall also encourage the user to record video/audio and share the same with LLP, in case of non-compliance by the driver with this rule or any safety/security concerns or to support grievance redressal mechanism.

4.7 Chauffit reserves the right to display advertisement via. Email, SMS, WhatsApp or other channels, as an integral part of services. Such advertisement shall be restricted to the services offered (current and upcoming), discounts, offers and promotions. Such communications will not be considered as spam or unsolicited communication, subject to applicable laws.

5. User Obligations

The User agrees and undertakes that:

• The User shall provide true, accurate, current, and complete information at the time of registration and booking;
• The User shall possess all valid licenses, registrations, permits, insurance policies, and documents required for the private vehicle;
• The vehicle provided for use shall be roadworthy and legally compliant;
• The User shall behave lawfully and respectfully with allocated drivers;
• The User shall not use the Services for any illegal or prohibited activity.

The User agrees not to:

• Provide false, misleading, fraudulent, or incomplete information;
• Misuse the platform or Services;
• Endanger the safety of the driver or third parties;
• Engage in abusive, threatening, or unlawful conduct.

The User shall remain solely responsible for all information, instructions, and vehicle-related compliance associated with the booking.

5.1. In the event the LLP determines that the User has provided false, misleading, inaccurate, or fraudulent information, CHAUFFIT shall have the right to:

• Suspend or permanently terminate the User account;
• Refuse future access to the Services;
• Retain records as required under applicable law;
• Initiate appropriate legal action where necessary.

6. Payments and Fees

6.1 Services shall require payment of fees.

6.2 The User agrees to pay all applicable charges, taxes, and fees in accordance with the pricing communicated by the LLP including amended fee, due to mitigating factors.

6.3 Payments once made shall be non-refundable unless otherwise expressly stated in writing vide refund policy.

6.4 Failure to make timely payment may result in suspension or termination of Services.

6.5 User shall require to pay cancellation fee on the request of cancellation of booking at the same time or on its next booking (the cancellation fee shall be added to the subsequent booking and the same is non-refundable).

6.6 User may request for a copy of the invoice from the support page, in order to ascertain basic fare, convenience fee, additional fee, taxes, cancellation fee, which were borne and payable by the user.

6.7 User may opt any of the payment method:

• Payment in cash directly to the TPSP/driver;
• Credit card/Debit card/Net Banking details;
• Payment gateway/processor services [In this respect, it is clarified that the Payment Processor whose services are utilized for the purposes of the Site shall be compliant with Payment Card Industry - Data Security Standard (PCI-DSS) or such other standard as notified by the relevant authority from time to time.]
• Chauffit Money (E-Wallet), powered by a third-party payment processor ("Wallet Service Provider")

7. Intellectual Property Rights

7.1 All trademarks, logos, content, software, designs, text, graphics, and materials related to the Services are the exclusive property of the LLP unless otherwise stated.

7.2 Nothing in this Agreement shall grant the User any ownership rights in the LLP's intellectual property.

7.3 The User shall not reproduce, modify, reverse engineer, or exploit any LLP intellectual property without prior written permission.

8. Privacy and Data Protection

8.1 The LLP shall collect, process, store, use, and protect personal data in compliance with the provisions of the Digital Personal Data Protection Act, 2023 ("DPDP Act") and other applicable laws of India.

8.2 By using the Services, the User freely, specifically, informedly, unconditionally, and unambiguously consents to the processing of personal data for lawful purposes connected with the Services.

8.3 The LLP may collect personal data including but not limited to:

• Name;
• Contact details;
• Identification information;
• Payment and transaction details;
• Technical and usage-related information.

8.4 The User shall have the right to:

• Access information regarding processing of personal data;
• Seek correction, completion, updating, or erasure of personal data;
• Withdraw consent in accordance with applicable law;
• Request deletion of personal data and account information;
• Grievance redressal under the DPDP Act.

8.5 Upon receiving a valid request for deletion of personal data or account closure from the User, CHAUFFIT shall delete or anonymize such personal data within a reasonable time, unless retention is required under applicable law, regulatory obligations, dispute resolution requirements, fraud prevention, or lawful enforcement purposes.

8.6 CHAUFFIT reserves the right to retain limited records where necessary for:

• Compliance with legal obligations;
• Investigation of fraud, misuse, or unlawful activities;
• Enforcement of contractual rights.

8.7 The LLP shall implement reasonable security safeguards to protect personal data against unauthorized access, disclosure, alteration, loss, or misuse.

8.8 Personal data shall only be retained for as long as necessary to fulfil lawful business purposes or as mandated under applicable law.

8.9 The LLP may share personal data with authorized service providers, payment gateways, verification agencies, governmental authorities, or legal bodies where required by law or for legitimate operational purposes.

8.10 In the event of a personal data breach, CHAUFFIT shall take reasonable remedial measures and comply with obligations prescribed under applicable law.

8.11 Users may contact the designated Grievance Officer/Data Protection Contact for concerns relating to personal data processing, deletion requests, or privacy grievances.

8.12 The LLP's Privacy Policy shall form an integral part of these Terms and Conditions.

9. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis.

The LLP makes no warranties or representations, express or implied, regarding:

• Continuous availability of Services;
• Accuracy, reliability, or completeness of information such as pick up and drop off location;
• Fitness for a particular purpose;
• Freedom from errors, interruptions, or security vulnerabilities.

The User uses the Services at their own risk (delay caused due to incorrect details or failure to check confirmation and pick up time). As it is an onus on user to check the confirmation of booking (as intimated by Chauffit via. SMS/email) including pick up time and location, drop off Estimated time and location, fare or charges, any additional fee.

10. Limitation of Liability

10.1 CHAUFFIT functions solely as a technology intermediary platform facilitating the engagement of chauffeur services.

10.2 To the maximum extent permissible under applicable law, CHAUFFIT shall not be liable for:

• Any accident, injury, death, loss, theft, or damage arising during the course of the Service;
• Any misconduct, negligence, rash driving, or unlawful acts committed by Users or drivers;
• Damage to the User's vehicle, property, or belongings;
• Delays, cancellations, route deviations, traffic conditions, or breakdowns;
• Any indirect, incidental, consequential, punitive, or special damages.

10.3 The User expressly acknowledges that the chauffeur services are availed at the User's own risk.

10.4 The User shall be solely responsible for:

• Maintaining valid motor vehicle insurance;
• Compliance with applicable motor vehicle laws;
• Safety and condition of the private vehicle.

10.5 CHAUFFIT makes reasonable efforts in onboarding drivers; however, it does not guarantee or warrant:

• Driver conducts or performance;
• Continuous availability of Services;
• Error-free or uninterrupted operation of the platform.

10.6 In no event shall the aggregate liability of CHAUFFIT exceed the total service fee paid by the User for the specific booking giving rise to the claim.

11. Indemnification

The User agrees to indemnify, defend, and hold harmless the LLP, its directors, employees, affiliates, and agents from and against any claims, liabilities, losses, damages, costs, or expenses arising out of:

• Breach of these Terms by the User;
• Misuse of the Services;
• Violation of applicable law or third-party rights.

12. Termination

12.1 The LLP may suspend or terminate access to the Services immediately upon:

• Violation of these Terms;
• Fraudulent or illegal activity;
• Non-payment of fees.

12.2 Upon termination:

• The User's right to use the Services shall immediately cease;
• Outstanding obligations and liabilities shall survive termination.

13. Force Majeure

The LLP shall not be liable for failure or delay in performance caused by events beyond reasonable control, including but not limited to natural disasters, governmental actions, internet failures, labor disputes, or technical failures.

14. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India.

Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts at Gurugram, Haryana.

15. Dispute Resolution

In the event of any dispute, the parties shall first attempt to resolve the matter amicably. User must report its issues within 24 hours of its occurrence (after that, such issue will not be addressed by LLP) and LLP shall within 2 working days of reporting such issue, endeavor to resolve it at its best effort. However, Chauffit shall not be liable for any damages or losses cause to the user, in the event of non-satisfaction with resolution.

If unresolved, the dispute may be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Gurugram, Haryana, India.

16. Amendments

The LLP reserves the right to amend or update these Terms at any time and the same shall not be required to notify users.

Continued use of the Services after such amendments shall constitute acceptance of the revised Terms.

17. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18. Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes all prior communications, agreements, or understandings relating to the subject matter herein.

19. Contact Information

For any questions, complaints, or notices regarding these Terms, Users may contact:

20. Electronic Acceptance and Digital Consent

20.1 By clicking the "I Agree", "Accept", "Continue", "Register", "Book Now", or similar button/tab on the CHAUFFIT application or website, the User electronically executes and accepts these Terms and Conditions.

20.2 Such electronic acceptance shall constitute a valid and legally enforceable consent and electronic record under the provisions of the Information Technology Act, 2000 and applicable Indian laws.

20.3 The User acknowledges that:

• Electronic acceptance shall have the same legal effect as a physical signature;
• The User has read and understood these Terms and conditions before acceptance;
• Continued use of the platform constitutes ongoing acceptance of these Terms.

20.4 CHAUFFIT may maintain electronic logs, timestamps, OTP verification records, IP logs, device records, clickwrap acceptance records, or similar digital evidence as proof of valid acceptance by the User.

Acknowledgement

By using the Services, the User acknowledges that they have read, understood, and agreed to these Terms and Conditions.