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VEHICLE OWNER AGREEMENT

THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC


CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE
THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC
DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION
TECHNOLOGY ACT, 2000 AND DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR
DIGITAL SIGNATURE.

THIS DOCUMENT IS A LEGALLY BINDING DOCUMENT WHICH WILL BE EFFECTIVE UPON


YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR
BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN TERMS AND CONDITIONS
FOR AVAILING AND THE USE OF THE SERVICES OFFERED THROUGH THE WEBSITE AND
MOBILE APPLICATION UNDER THE NAME AND STYLE OF ‘ZOOMCAR’ (“WEBSITE”).

PLEASE READ THE TERMS AND CONDITIONS IN THIS DOCUMENT CAREFULLY BEFORE
USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION
OR AVAILING SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE
TERMS, PLEASE DO NOT USE THE WEBSITE OR AVAIL ANY SERVICES BEING OFFERED
THROUGH THE WEBSITE.

1. General

This Vehicle Owner Agreement (“Agreement”) is between Zoomcar India Private Limited, a company
incorporated under the Companies Act 1956 and having its registered office at Ground Floor, Enzyme
Tech Park, #4 Building, Domlur Service Road, 13, HAL Old Airport Road, Domlur 1st Stage, ISRO
Colony, Bengaluru, Karnataka 560071, India (hereinafter referred to as “Zoomcar” or “Company” or
“We” or “Us” or “Our”, which expression unless the context may otherwise require include its
successors, liquidators and assigns) and you, who is a natural or a legal person (hereinafter referred to as
“You” or “Your” or “Yourself”).

We reserve the right, at Our discretion, to change or modify the terms of this Agreement. You agree that
the updated terms and conditions of this Agreement shall be effective from the date publication of the
same on the Website. It shall be your responsibility to periodically check for any changes to the
Agreement on the Website. We may require You to provide Your consent to the updated Agreement in a
specified manner before any further use of the Website and the Services. If no such separate consent is
sought, Your continued use of the Website will constitute Your acceptance of such changes. You may
decline such changes by discontinuing Your use of Website or services provided thereon, as the case may
be, under this Agreement.

In the event of any conflict between this Agreement and any other document with respect to Zoomcar’s
other programmes, these terms and conditions shall govern, except otherwise set forth by Zoomcar in
writing.

2. Definitions

2.1. Unless the context or meaning thereof otherwise requires, the following expressions shall
have the meanings assigned to them hereunder:

“Cancelled Transaction” means a transaction cancelled by you in accordance with the terms of
this Agreement or cancelled by the Customer in accordance with applicable Zoomcar policies.

“Car” means a private car owned by you, satisfying the criteria set out herein.

“Completed Transaction” means a Transaction booked on the Website, for which a Customer has
made payment of the Transaction Proceeds, but excludes Cancelled Transactions.

“Confidential Information” means information relating to us, to the Website, the Service and/or
the Customers, and includes Pre-owned Intellectual Property and the Intellectual Property, and any
other information that is not known to the general public including, but not limited to, proprietary
including such as promotional schemes, offers, etc.

“Customer” means an individual who rents a Car on the Website, for private use, by agreeing to
the terms of use stipulated in the User Agreement.
“Date of Booking” means the date on which a Customer has requested for handover of the Car for
the purpose of Service.

“Effective Date of Termination” means the last date until which the Agreement is valid.

“Excluded Product” means any product other than a Car which is listed on the Website solely for
the purpose of Service. For avoidance of doubt, you will not list a Car or any other vehicle for the
purpose of sale of the same.

“Fee Schedule” means the fee schedule available here[SS1] .

“In-Vehicle Devices” means and includes the various devices selected by Zoomcar to be installed
in the Car for the security, safety, tracking and health monitoring of the Car.

“Law” means any law, ordinance, rule, regulation, order, licence, permit, judgment, decision or
other requirement, now or hereafter in effect, of any governmental, judicial or administrative
authority of competent jurisdiction.

“Period of Booking” means the duration for which the Car has been booked by the Customer for
rent/ hire.

“Service” means a service that allows you to list Cars for rent/ hire directly to Customers via on the
Website.

“Transaction Fees” means a percentage of the Transaction Proceeds, payable for each Completed
Transaction, as per the Fee Schedule.
“Transaction Proceeds” means the gross sales proceeds paid by Customers in the course of any
Transaction including taxes.

“Transaction” means each instance on which a Car is booked by a Customer for rent/ hire.

“User Agreement” means the agreement agreed to be entered into by a Customer inter-alia in
relation to the use of the Car.

3. Limited Use of Website

The Website shall be used for the limited purpose of the Service. The Website shall not be used to
list an Excluded Product or for providing any unlawful or illegal service.

4. Listing on the Website and Registration

4.1. This Website is only available for individuals who own any Cars. To begin using the
Website, you must complete the registration process.

4.2. As part of the registration process, you must provide your name, address, phone number,
email address, tax registration details, location and any other information we may request. You will
be required to display your location on the Website.

4.3. We may request for additional information from you from time to time, including valid
bank account information located in India (“Your Bank Account”). You are also required to
promptly update any information provided to us so that such information at all times remains
accurate and complete.

4.4. You will list the Car on the Website for the purpose of Service only by providing accurate
and complete “Car Information” for each Car that you make available to be listed on the Website
and promptly update such information as necessary to ensure it at all times remains accurate and
complete. “Car Information” means information in relation to car model, year of car
manufacturing, no. of kilometres driven, pictures of the car for verification, insurance details,
registration certificate, and any other requisite information.

4.1. Any personal data you provide to us including your location will be handled in
accordance with our Privacy Policy [SS1] .

5. Document check, In-Vehicle Devices

5.1. Upon registration on the Website, Zoomcar will verify the Car registration certificate, Car
insurance, PUC certificate of Car Owner, license of Car Owner, roadside assistance related
documents and any other requisite documents.

5.2. Upon completion of all requisite verifications, Zoomcar executives will arrive at the
location of the Car to conduct the first inspection of the Car and subsequently undertake fitment of
In-Vehicle Device in the Car at a Zoomcar site. Upon installation / fitment of the In-Vehicle Device
the Car will be returned to the location designated by you. You hereby unconditionally agree not to
tamper or remove such In-Vehicle Devices. You further agree and acknowledge that such installed
In-Vehicle Devices may require minor modification from time to time and you shall provide full
access of the Car to Zoomcar or any other party appointed by Zoomcar for the purpose of
modification of such devices. In case you remove or otherwise tamper the In-Vehicle Devices, you
shall be liable to pay Zoomcar the actual cost of such In-Vehicle Device. Zoomcar further reserves
the right to deduct the foregoing amount from amount to be paid by Zoomcar to you.

5.3. You hereby expressly consent to any consequential loss and warranty loss such as OEM
warranty that you may suffer, as a result of fitment of the In-Vehicle Device in the Car. Zoomcar
will compensate you for any consequential losses occurring during the Period of Booking on
account of the same, however, Zoomcar will not provide any compensation upon termination of this
Agreement or your account for any reason whatsoever.

5.4. You will not fit any other devices in the Car, whether for Customer privacy, GPS or
otherwise. Further, you acknowledge and accept that Zoomcar collects GPS and driver behaviour
related data through the In-Vehicle Devices and that the same will be collected even when you are
using it for your personal use due to fitment of In-Vehicle Device in your Car. You hereby agree
and expressly consent that Zoomcar shall be allowed to collect such aforementioned data until
removal of the In-Vehicle Device from the Car.

5.5. Upon termination of this Agreement for any reason whatsoever, Zoomcar will be
authorised to remove In-Vehicle Device installed in the Car and any failure to do so due to a reason
attributable to you, will result in a penalty on you as per the Fee Schedule.

6. Transaction Fulfilment / Booking of the Car

6.1. Once a Customer books on the Website a Car owned by you, you will receive an in-app
notification with the Date of Booking, details of Car booked and Period of Booking. The details of
the bookings will also be available on your account on the Website and you are encouraged to
check your account regularly.

6.2. On the Date of Booking, Zoomcar executive will arrive at the location of the Car and
conduct an inspection of the same. Zoomcar expects you to keep the Car fit for bookings in
accordance with its Car listing requirements as set out in Annexure 1 hereto.[SS2]

6.3. Upon checking the Car, if Zoomcar executive is of the opinion, at the sole determination
of the executive, that the Car is not fit for renting to a Customer due to quality, safety or
maintenance issues, you will not be considered for future bookings or an inconvenience fee will be
charged as per Fee Schedule, as Zoomcar thinks fit. [SS3] The condition of Car as determined by the
Zoomcar executive conducting such inspection will be final and will be used to determine the
condition of the Car prior to start of a booking.

6.4. Upon satisfactory completion of the inspection mentioned above, on the Date of Booking,
either the Customer or the Zoomcar executive, as the case may be, will pick up the Car. It is hereby
clarified that you will be responsible to ensure that there are no personal belongings in the Car prior
to pick up. Notwithstanding where a Car is being picked up a day prior to the Date of Booking, the
Transaction Fees will be paid only for the Period of Booking.
6.5. Upon completion of the Period of Booking and return of the Car by the Customer, the Car
will be handed over to you at the designated location, in the same condition as it was received from
you, subject to normal wear and tear. It is hereby clarified that the condition of the Car reported by
the Zoomcar executive at the beginning of the booking will be considered for determining the
condition of the Car.

6.6. In the event the Customer delays the return of the Car by 24 hours or more, you will
receive downtime compensation as per Fee Schedule.

6.7. You will be solely responsible for (a) ensuring that the Car meets the parameters
displayed by you on the Website, (b) non-delivery of the Car to the Customer unless the
non-delivery is attributable to Zoomcar’s failure after you have complied with all your obligations
and responsibilities, and (c) ensuring that the Car’s instructions manual/ booklet and the key is
placed in the Car’s glove compartment for use by the Customer. You also agree that you will not
interrupt any ongoing booking, including on account of delay of return of Car by Customer.

6.8. You hereby agree that you will not use the Car for your personal use or otherwise after
listing the same pursuant to Clause 4 until the Car is picked-up on the Date of Booking.

6.9. You will receive in-app notifications after occurrence of inter alia each of below
mentioned events:

(a) on handover of the Car to the Customer on the Date of Booking;

(b) on return of the Car by the Customer;

(c) on delay of return of the Car by the Customer;

(d) in the event of an accident involving the Car and the Customer;

(e) in case of theft of the Car while the possession is with a Customer;

(f) on handover of the Car to you upon completion of Period of Booking.


6.10. Car Inspection and Cleaning: Zoomcar provides 3 (three) types of cleaning packages to
you for cleaning of the Car which includes basic cleaning, deep cleaning and extensive deep
cleaning. While basic cleaning is mandatory, deep cleaning and extensive deep cleaning shall be
conducted by Zoomcar on-demand from you. Zoomcar shall conduct inspection and basic cleaning
of the Car before each Booking at a flat fee of INR 100 per Booking. The cost of such inspection
and basic cleaning shall be set-off against the Transaction Fees payable to you as per the terms of
Clause 8. For more details on this, please refer to 'Cleaning by Zoomcar'
http://support-amigo.zoomcar.com/support/home.

7. Cancellation

If You wish to cancel a listing or reduce the listing period for which the Car will be available on the
Website, You must do so in advance and in pursuance of the Fee Schedule. It is hereby clarified that
a listing cannot be cancelled on the Date of Booking and during the Period of Booking.

8. Settlement of Transaction Fees

8.1. The Transaction Proceeds will be collected by Zoomcar from Customers. For all
bookings made for your Car during a calendar month, Zoomcar will transfer the Transaction Fees
within 7 days of the succeeding month. The Transaction Fees will be paid subject to appropriate tax
and other deductions.

8.2. You will provide a receipt to Zoomcar for transfer of the Transaction Fees to you, within
2 days from the date of receipt through email at amigo.support@zoomcar.com.

8.3. In case you are registered under applicable goods and services tax (“GST”) law, it shall
be your sole responsibility to comply with issuance of GST tax invoice along with GST
Debit/Credit Note, if any, within the time frame required in accordance with the Central Goods and
Services Tax Act, 2017, State Goods and Services Tax Act, 2017 and Union Territory GST Act,
2017 read with the rules thereto (GST law). Further, you shall also be responsible for discharging
the requisite GST amount collected from Zoomcar and filing of GST returns like – GSTR-1 and
GSTR-3B or any other return, as applicable within the due dates prescribed under the GST law. In
case of mismatch in GSTR-2A and the purchase register of Zoomcar on account of non-payment of
the requisite GST amount or non-filing of GST returns on monthly basis, then you shall indemnify
Zoomcar for the GST amount along with the applicable penalty amount.

8.4. In case you are not registered under GST law, then you shall be required to issue a bill of
supply in accordance with GST law. You hereby agree to provide consent and acceptance to all the
bill of supply where the same is raised by Zoomcar on your behalf during the term of this
Agreement.

8.5. It will be your responsibility to report to Zoomcar on applicability or non-applicability of


e-invoicing under GST law.

8.6. We will also be entitled to set-off any amounts/ fees/ penalties that are payable by you to
us, against any payments we may be required to make to you. If there are no payments due from us
to you which we can offset against the amounts due to us from you, we will invoice you for
amounts due to us, in which case you will pay the invoiced amounts upon receipt, within such
number of days as stipulated in the invoice. Please note that any adjustment/ offset of monies will
be at our discretion and you will not be entitled to claim it as a matter of right. We may not consider
any request for an offset of monies, in which case you will be required to make payment to us
promptly as per the invoice.

9. Other Payment Terms

9.1. At our option, all payments to you will be made to Your Bank Account, via cheque or
electronic transfers or other means as specified by us. You agree that Zoomcar shall not be liable
for any failure to make payments to you on account of incomplete or inaccurate information
provided by you with respect to Your Bank Account.

9.2. If we discover erroneous or duplicate transactions, then we reserve the right to seek
reimbursement from you by deducting from future payments owed to you or seeking such
reimbursement from you by any other lawful means.
9.3. You are responsible for all of your expenses in connection with this Agreement, unless
this Agreement provides otherwise. You authorize us to debit Your Bank Account for any sums
payable by you to us (in reimbursement or otherwise).

9.4. If we reasonably conclude based on information available to us that your actions and/or
performance in connection with the Agreement may result in a significant number of customer
disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any
payments to be made or that are/ may be otherwise due to you under this Agreement for the shorter
of: (a) a period of one hundred and twenty (120) calendar days following the initial date of
suspension; or (b) completion of any investigation(s) regarding your actions and/or performance in
connection with the Agreement. You agree that we are entitled to interest, if any, paid on balances
maintained as deposits in our bank accounts.

10. Damage to Car

10.1. Subject to Clause 10.4 below, in case of any damage to the Car caused by the Customer
during the Period of Booking or while the Car is under Zoomcar’s care, Zoomcar may (i)
compensate the cost of such damage as per the list mentioned at <<insert URL>>, or (ii) repair the
damage to the Car at its cost, as the case maybe and as determined reasonable by Zoomcar.

10.2. Where Zoomcar decides to repair and restore damages to the Car it shall do so as per the
OEM standards at a workshop solely decided by Zoomcar. However, if you refuse to get the Car
repaired by Zoomcar as per the terms of this Agreement, Zoomcar shall reimburse you for cost of
such repairs as per the list mentioned at <<insert URL>>.

10.3. In the event the damage to the Car results in total loss, whether on account of theft or the
Car getting totalled, Zoomcar will compensate you as per IDV (insurance depreciation value), to be
determined by an independent valuer engaged by Zoomcar.

10.4. Notwithstanding anything to the contrary contained herein, Zoomcar shall not be liable to
compensate for or repair (a) normal wear and tear of the Car due to use; (b) damage to the Car if the
estimate for repair is less than INR 5,000 at a Zoomcar approved workshop; (c) any dings, dents or
scratches to the exterior body of the Car that are 3 inches in diameter or less; (d) damage to Car due
to irregular servicing by you; (e) damage to any modifications made in the Car by you; and/or (f)
any minor scuffing of the interior surfaces that is 3 inches or less in diameter which shall include
without limitation any dials, switches and knobs that break or fail over time.[SS4]

10.5. Downtime due to Car Damage:

(a) During the period when the damage to the Car is being assessed and fixed, Zoomcar
will provide you with a replacement car. The model of this replacement car shall be
subject to availability and may differ from your Car model. In case of
non-availability of a replacement car, Zoomcar will pay you downtime compensation
of INR 300 per day for the number of days the Car is in the workshop for repairs.

(b) In the event of any damage to the replacement car due to you, your liability shall not
exceed INR 10,000 per incident. Zoomcar shall deduct such costs of such damage
from your payout of Transaction Fees as per this Agreement. Further, Zoomcar shall
not be liable to provide you with another replacement car or downtime compensation
for the duration that the replacement car was provided.

(c) The replacement car and the downtime compensation as mentioned under this
Clause 10.5 shall be applicable subject to the Car being in workshop for more than
24hours for any damage due to a Customer.

11. Offline Transactions

You will not connect with Customers for the purpose of rent/ hire of the Car other than through the
Website in the manner set forth in it, and Zoomcar shall have no responsibility or liability in case of
any offline transactions consummated by you.

12. Customer Service

We will be responsible for all customer service issues relating to cancellations, refunds, adjustments
and quality of Service.
13. Insurance

Zoomcar will not provide any insurance cover for the Car and notwithstanding anything contrary
contained herein, will only be required to compensate for the losses or expenses to the extent
specifically contemplated herein.

14. Suspension and Termination

14.1. This Agreement shall continue to apply until terminated in accordance with this Clause.

14.2. If You want to terminate Your agreement with Zoomcar, You may do so by (i) not accessing
the Website; and/or (ii) closing Your Account for listing, where Zoomcar has made this option
available to You, as the case may be.

14.3. We shall have the sole discretion to suspend or terminate this Agreement by providing 10
days’ prior notice to You. However, we may, at any time, with or without notice, suspend or
terminate this Agreement if:

(i) We required to do so by law (for example, where the provision of the Services to
You is, or becomes, unlawful), or upon request by any law enforcement or other government
agencies;

(ii) the provision of the Services to You by Zoomcar is, in Our sole discretion, no
longer commercially viable;

(iii) Zoomcar has elected to discontinue, with or without reason, access to the
Website, the Services (or any part thereof);

(iv) violation of any terms, conditions and obligations of this Agreement;

(v) in the event Zoomcar faces any unexpected technical issues or problems that
prevent the Website and / or Services from working; or
(vi) any other similar unforeseen circumstances.

14.4. Zoomcar may also terminate or suspend all or a portion of Your account or access to the
Services with or without reason. Termination of Your account may include: (i) removal of access to
all offerings within the Website or with respect to the Services; (ii) disabling access to the Account
Information, including Your personal information, log-in ID and password, and all related
information, files and materials associated with or inside Your Account (or any part thereof), and
any content uploaded by You; and (iii) prohibiting further use of the Services. We are under no
obligation to notify you of such suspension, prohibition or restricted access, as the case maybe, and
any notification in this regard will be purely discretionary and out of good faith.

14.5. On termination by either party, all rights and obligations under this Agreement will terminate,
except (a) that you will complete all pending Transactions entered into before the date of notice of
termination; and (b) that you will remain obliged for any liabilities that accrued prior to the
Effective Date of Termination or as a result of termination, irrespective of when or how they arise.
For avoidance of doubt, you will not enter into any Transactions on and from the date of notice of
termination, suspension, prohibition or restricted access, as the case maybe.

14.6. Notwithstanding the foregoing, such terms of this Agreement as are meant to survive
termination / expiry of this Agreement, will survive indefinitely unless and until Zoomcar chooses
to terminate them.

15. Representations and Warranties

Each Party represents and warrants that: (a) such party is a resident of India for income tax
purposes every financial year; (b) such party has all requisite right, power and authority to enter
into this Agreement and perform the obligations and grant the rights, licences and authorizations as
contemplated hereunder; and (c) such party will comply with all applicable Laws in the
performance of such party’s obligations and exercise of rights under this Agreement.

16. Indemnification and Limitation of Liability


16.1. You hereby indemnify and agree to indemnify, defend and hold harmless us (and our
affiliates, nominees, officers, directors, employees and agents) against, any claim including third
party claims from Customers, loss, damage, settlement, cost, taxes, expense or other liability
(including, without limitation, attorneys’ fees) (each, a “Claim”) including those arising from or
related to: (a) your actual or alleged breach of provisions of this Agreement including confidential
obligations; (b) any personal injury, death or property damage attributable to you; (c) fraudulent
and negligent actions by you; and/or (d) your non-compliance with applicable laws including in
relation to tax. You, including but not limited to your legal heirs/ representatives/ guardians, shall
have final responsibility to Zoomcar for all such Losses.

16.2. We may, in our discretion, intervene in any third-party proceedings. If you are required to
initiate any action against any third-party claims, you shall do so within the timelines specified
under applicable Law. You will not consent to the entry of any judgment or enter into any
settlement of a Claim without our prior written consent where the Claim or any matter relating to
the same involves us.

16.3. We will not be liable (whether in contract or tort (including negligence) to you or any other
person for any loss of profit, revenue, business, or punitive or consequential damages arising out of
or relating to this Agreement, even if we have been advised of the possibility of the same.

17. Seizing, Litigation

17.1. In the event (a) the Car is seized for any reason whatsoever, or (b) any litigation is initiated
against you, either due to the listing or otherwise when in possession of the Customer, Zoomcar
will defend and bear the expenses of the seizing or the litigation, as the case maybe.

17.2. You must immediately notify and deliver to Zoomcar every notice, summons, complaint,
document, or notice of any kind received by you in any way relating to an accident, theft, or other
circumstances related to the Car or in relation to this Agreement.

17.3. You must not aid or encourage the filing of any third-party claim or lawsuit against Zoomcar
and must cooperate fully with Zoomcar in the investigation and defense of any claim or lawsuit. In
any proceeding involving you and Zoomcar as co-defendants, should Zoomcar determine in its sole
discretion that your independent attorney has not aligned its defense with that of Zoomcar, Zoomcar
shall be entitled to call upon you to change your attorney to one advised by Zoomcar and you shall
accordingly change his attorney.

18. Confidentiality

18.1. You agree to hold all Confidential Information provided by Zoomcar or accessed/ accessible
by you, and the terms of this Agreement and any information generated by use of such Confidential
Information, pursuant to this Agreement or other applicable Zoomcar policies, in strict confidence,
whether designated, labeled or marked as confidential, during the course of this Agreement and
thereafter.

18.2. You will use the Confidential Information for the limited purpose of providing the Service to
the Customers or to comply with applicable Laws. In case of disclosure of any Confidential
Information to any Government, judicial or administrative authorities, you will, if permitted by law
or order, provide a prompt written notice being no less than 7 days or such higher time period that
is required for us to appropriately address and deal with the matter, of the disclosure in order to
enable Zoomcar to obtain an injunction against such disclosure or a confidential undertaking from
the authority seeking the Confidential Information. You will ensure that a disclosure by you of the
Confidential Information is limited to only such information as is necessary to comply with
applicable Law.

18.3. You agree to not use any personal data of the Customer for any purpose whatsoever, except
for the purpose of providing the Service to the Customer.

18.4. You shall keep the password required to access and use the Website, confidential. If the
security of your account is compromised, Zoomcar shall not be responsible for the same or for any
misuse of your account. You shall be solely responsible for any claims made by Customers as a
result of any misuse of your account. It is advisable that in case of a password breach, you change
your password immediately.

19. Intellectual Property


19.1. You acknowledge that all rights, title and interests in the trademarks, service marks, trade
names, copyrights, design rights and other intellectual property rights now or in future owned by
Zoomcar and / or any of its affiliates, registered or otherwise (collectively the “Pre-owned
Intellectual Property”) reside in and shall remain vested exclusively with Zoomcar. You agree that
you acquire no right, title or interest in any of Pre-owned Intellectual Property by acting under this
Agreement or otherwise, and you will not take any action or commit any omission, which could
jeopardize in any way the Pre-owned Intellectual Property.

19.2. Zoomcar shall own the data and other deliverables generated under this Agreement, including
any suggestions, comments, ideas, improvements, or other feedback or materials provided by you
or any third party to us in connection with or related to the Website or the Service (“Intellectual
Property”), and you acknowledge the same. The Intellectual Property created by you under this
Agreement will be considered as ‘work made for hire’ and in the event the works performed by you
do not qualify as ‘work made for hire’ for any reason, you hereby assign or license absolutely,
irrevocably, exclusively and beneficially all Intellectual Property without any additional
consideration, for use by us in any manner whatsoever, on a worldwide, royalty-free and perpetual
basis. You agree and acknowledge that, notwithstanding the provisions of Section 19(4) of the
Indian Copyright Act, 1957, the assignment in terms of this clause shall neither lapse nor shall the
rights transferred therein revert to you, even if Zoomcar does not exercise the rights under the
assignment within a period of 1 (one) year from the date of such assignment. You hereby agree that
you will waive any right to, and will not, raise any objection or claims before the Copyright Board
or any other appropriate authority with respect to, the assignment, pursuant to Section 19A of the
Indian Copyright Act, 1957. You shall undertake all such actions as may be required, including
executing the necessary documents, for assigning the rights in the Intellectual Property to Zoomcar
as aforesaid.

19.3. Should third-party services be used, we have the right to forward your personal data to our
third-party service providers, to the extent it is required to fulfil our objectives under this
Agreement. We shall implement and maintain reasonable procedures for protecting sensitive
personal information in compliance with applicable law.

19.4. We shall have the right to disclose your information to Our parent company and to all
companies controlled by us or any of its affiliates and to any government body as required by the
law/ or by directive/ or request from any government body or to any third party deemed fit and
proper by us, in our sole and absolute discretion.

20. Disclaimer
20.1. ZOOMCAR HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE
WEBSITE (AND ALL PORTION OR COMPONENTS THEREOF), IMPLIED WARRANTIES
OF MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, AND FITNESS FOR A
PARTICULAR PURPOSE.

20.2. ZOOMCAR DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE WILL
BE UNINTERRUPTED AND/OR BE ERROR-FREE. NO WARRANTY IS GIVEN FOR ANY
THIRD-PARTY HARDWARE, SOFTWARE, MATERIALS OR TOOLS, UNLESS MENTIONED
OTHERWISE IN THIS AGREEMENT.

21. Relationship

21.1. The relationship between Zoomcar and you, shall be that of a service provider and service
recipient only. This Agreement is not intended to be, nor shall it be construed or deemed to be, a
joint venture, partnership or any other form of business association between the parties. You are
not, and will not be deemed to be, an agent of Zoomcar. This relationship will operate on a
principal-to-principal basis. You will not, by act, word, deed or otherwise, make any statement on
behalf of Zoomcar or hold out or represent that you are representing or acting as an agent of
Zoomcar. Further Zoomcar shall have no authority, express or implied, to commit or obligate
Zoomcar in any manner whatsoever.

22. Governing Law, Jurisdiction and Dispute Resolution

22.1. This Agreement shall be governed and construed in accordance with the laws of India.
Subject to arbitration, only the courts in Bengaluru shall have exclusive jurisdiction to try and
entertain any matters in connection with or arising out of this Agreement.

22.2. All disputes, differences or claims arising from, or relating to, this Agreement, including in
relation to interpretation of any part of this Agreement or existence or validity of this Agreement,
shall be resolved by arbitration conducted, and by an arbitrator appointed, in accordance with
provisions of the Arbitration and Conciliation Act, 1996. The seat of the arbitration shall be
Bangalore. The award so passed shall be conclusive and binding. Each party shall bear their
respective costs in connection with the arbitration.

23. Press Release

You will not use Zoomcar’s name, trademarks or logos in the public domain, including, without
limitation, in advertising, marketing or promotional materials, press releases or press conferences.

24. Miscellaneous

24.1. Independent Contractors. Each party shall at all times be considered as an independent
contractor and shall have no authority to assume or create any obligation whatsoever express or
implied, in the name of the other party or to bind the other party in any way or manner. Nothing in
this Agreement shall be deemed to constitute either party a partner, agent or legal representative of
the other party, or to create any fiduciary relationship between the parties.

24.2. Notices / Communications. When you use the Website or send emails or other data,
information or communication to Zoomcar, you agree and understand that you are communicating
with Zoomcar through electronic records and You consent to receive communications via electronic
records from Zoomcar periodically and as and when required. Zoomcar will communicate with you
by email or by notices on Website or electronic records on the Website or on your mobile number
which will be deemed adequate service of notice / electronic record to the maximum extent
permitted under any applicable law.

24.3. Complaints. In the event you have any complaints or concerns with respect to the Website or
our services, please contact our customer support at 8068975666.

24.4. Assignment. You are not entitled to assign any portion of this Agreement and assignment in
contravention of this provision shall be void. Zoomcar may assign or transfer any of its rights and/
or obligations under this Agreement, by operation of law or otherwise. Subject to the aforesaid, this
Agreement will be binding on, inure to, and be enforceable against the parties and their respective
successors and assigns. We may perform any of our obligations or exercise any of our rights under
this Agreement through one or more third parties including our affiliates.
24.5. Waiver. The failure or delay at any time to enforce any provision of this Agreement by a
party, shall in no way be held as a waiver of any subsequent breaches or affect the right thereafter to
require complete performance by the other party. Notwithstanding the aforesaid, any claim that you
have will require to be made only within 3 months from the relevant event failing which you shall
not be entitled to make any claim at a later date, and it shall be assumed that you have irrevocably
waived your rights to the same.

24.6. Severability. If any one or more of the provisions of this Agreement are held to be invalid,
illegal or unenforceable in any respect for any reason, the remaining provisions of this Agreement
shall not be in any way be impaired, and such invalid, illegal or unenforceable provision shall be
modified in such a manner to make it valid and effective and to give effect to the intention of the
parties.

24.7. No Disparagement. You agree and undertake that you will not disparage Zoomcar, its
employees, officers and/or directors in any manner whatsoever, during the Term and thereafter, in
any manner including any social media or other fora/ platform, and any grievances shall only be put
forth in the manner specifically directed by us.

24.8. Survival. The provisions relating to Confidentiality, Intellectual Property, Relationship,


Governing Law, Jurisdiction and Dispute Resolution, Indemnity and Limitation of Liability,
Notices, No Disparagement, Assignment, Waiver, Severability and Survival and such other clauses
which are required to give full effect to this Agreement, shall survive the expiry or termination of
this Agreement in perpetuity.

24.9. 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.) by Zoomcar
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 Zoomcar or its third parties
performing such services as sub-contractor to Zoomcar and could not have been prevented by
reasonable precautions (each, a “Force Majeure Event”), then Zoomcar shall be excused from
such performance to the extent of and/or during the period of such Force Majeure Event. Zoomcar
shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

Annexure 1

Car Listing Requirements

Visual overview and legal registration:

· RC Copy

· Valid insurance

Brake tests:

· Parking brake

· Service brake, 3mm or more (25% of the life of the brakes or more, typically)

Exhaust system:

· Undamaged exhaust system components/muffler

· No visible blue or black smoke

Steering and suspension

· Steering wheel and box

· Suspension/front end

· Springs

· Shocks

· Vehicle height

Horn

· Sound horn to test for adequate signal

· The horn must be securely fastened to the vehicle

Glazing, glass, and windshield wipers


· Windshield, no cracks; no chips in the line of sight

· Windshield wipers and washer in working order

· Windows, no cracks

· Tint to legal specifications

Engine and powertrain

· Engine, including all subcomponents

o Cooling system

o Lubrication system

o Electrical and electronic management systems

· Transmission, including clutch, torque converter, and similar components

· All fluids and lubricants

· No check engine light, warning lights, or recalls

Visibility and lighting devices

· Headlight aim

· Headlights and rear lights working, no bulbs burned out

· Hazard lights, directionals/stop/reverse lights, and license plate light(s)

· Reflectors

· Rearview mirror

· Mirrors (general)

Tires and wheels

· 4/32” or greater tread depth (50% or higher of tread, typically)

· Six years old or newer

· No cuts, gouges, bulges, or bubbles in the sidewall

Seat belts and airbags


· No airbag warning lights or recalls

· No safety restraint system (SRS) or occupant classification system (OCS) warning lights or
recalls

Body, including all seals and panels

· No hanging body panels

· No damage to the floor pan, cowl panel, or structural pillars

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