Terms And Conditions Part A

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.finchant.com website.

The domain name www.finchant.com (hereinafter referred to as "Website") is owned by Finchant Online Private Limited a company incorporated under the Companies Act, 1956 with its registered office at 308,Miyawala, Rural_Dehradun, Dehradun, Uttrakhand, India (hereinafter referred to as "Finchant").

Your use of the Website and services and tools are governed by the following terms and conditions ( "Terms" ) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. By mere use of the Website, You shall be contracting with Finchant Online Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Finchant.

"SERVICE PROVIDER" AGREEMENT WITH "FINCHANT ONLINE PRIVATE LIMITED"

BY REGISTERING ONLINE WITH FINCHANT AS A "SERVICE PROVIDER", YOU THE "SERVICE PROVIDER" HEREBY ACKNOWLEDGES, ACCEPTS AND AGREES TO ALL THE TERMS AND CONDITIONS IN THIS "SERVICE PROVIDER" AGREEMENT.

WHEREAS:

1.     Finchant Online Private Limited is a private limited company registered under the Companies Act, 2013 with CIN U74999UR2018PTC008897 and having its registered office at 308 Miyawala, Rural_Dehradun, Dehradun Uttarakhand - 248001, India

2.     Finchant, inter alia, is engaged in the business of providing a marketplace platform in the physical and/or electronic form, through the means of electronic-mail (e-mail), internet, intranet, e-commerce, m-commerce, website, application and or any other means or technology available and developed from time to time on any device including the mobile, tablets, pads etc, and any other device, platform and or technology available and developed from time to time (herein referred to as the Finchant Platform).

3.     Finchant through the Finchant Platform enables vehicle owners (referred to as "Service Provider") to list themselves to offer their vehicles to any person (referred to as "Service Seeker") seeking to hire the vehicle provided by the "Service Provider" through the Finchant Platform.

4.     "Service Provider" means a person owning a registered Light Motor Vehicle / Heavy Motor Vehicle to render "Vehicle Hiring Services" and who have agreed to make his / her vehicle available by listing him / her and his/ her vehicle on the Finchant Platform for the purposes as stated herein and on the terms and conditions more particularly contained in this Agreement.

5.     "Services" shall mean "Vehicle Hiring Services".

6.     "Service Seeker" means all persons seeking to avail the services provided by the "Service Provider" through the Finchant Platform. The term "Service Seeker" shall be expanded at a later date by Finchant at their sole discretion.

7.     Pursuant to discussions between Finchant and the vehicle owner in this regard, Finchant has agreed to allow the vehicle owner to become a "Service Provider" and list / register in a transparent manner on the Finchant Platform on the terms and conditions, which the Parties now wish to reduce into writing by executing this Agreement.

NOW, THEREFORE, THIS AGREEMENT WITNESSETH AS UNDER:

1. APPOINTMENT

1.1 The parties agree that all the recitals herein above will form an integral part of this Agreement.

1.2 The vehicle owner requests and Finchant accepts the vehicle onwer's request on a non-exclusive basis to list as a "Service Provider" on the Finchant Platform, to provide ""Vehicle Hiring Services"" to "Service Seeker" requesting for the "Services" through the Finchant Platform.

1.3 Finchant shall be at liberty to accept similar requests, whether or not on similar terms, from other vehicle owner/s including any and all competitors of the vehicle owner entering into this Agreement.

A. TERM, TERMINATION AND SUSPENSION

1.     This Agreement shall commence on the date of online registration for an indefinite period of time, unless terminated by either Party by written notice with due observance of a notice period of seven (7) calendar days.

2.     This Agreement terminates automatically, without any notice requirement, at such moment when the "Service Provider" no longer qualifies to provide "Vehicle Hiring Services", under the applicable law or the quality standards of Finchant or any material breach of any Terms and Conditions of this Agreement.

3.     Each Party may terminate this Agreement with immediate effect and without a notice of default being required in case of a material breach or breaches by the other Party of any Terms and Conditions of this Agreement.

4.     In case of termination of this Agreement by Finchant due to a breach by the "Service Provider" of any of its obligations or its representations or warranties, to be determined by Finchant in its sole discretion, the "Service Provider" will be suspended / withdrawn / black listed / terminated from rendering his Services through the Finchant Platform.

5.     In case the "Service Provider" chooses to terminate the Agreement with due notice, but not as a result of its own breach or breaches he is free to do so by giving a notice to Finchant.

6.     That notwithstanding anything contained herein, Finchant reserves the right in their sole discretion to terminate this Agreement in part or in whole at any point of time, with immediate effect, if "Services" are found to be unsatisfactory and / or breach of any terms and conditions or due to any other reasons whatsoever.

7.     Upon termination of this Agreement, the "Service Provider" shall promptly return all data to Finchant without withholding any data thereof.

B. TERMS & CONDITIONS

1.     This Agreement supersedes all prior agreements and understandings (whether written or oral) made between Finchant and the "Service Provider".

2.     The relationship between the "Service Provider" and Finchant hereto shall be non-exclusive, on a Principal-to-Principal basis. Nothing in this Agreement shall be construed to constitute a partnership, agency or employer- employee relationship between the Parties.

3.     Finchant shall provide the "Service Provider" with a unique login ID and password to access the Finchant Platform as and when required.

4.     The "Service Provider" confirms and fully understands that Finchant does not own or in any way control the vehicles to be provided by the "Service Provider" rendering ""Vehicle Hiring Services"" to the "Service Seeker".

5.     Finchant is a listing Platform on "as is" and "as available" basis.

6.     The "Service Provider" confirms to having filled in the registration form and furnished true and correct details / information and documentations sought for therein. Information sought by Finchant shall include, but shall not be limited to, the "Service Provider" registration form to be filled online. Finchant shall be at liberty to seek additional information as and when needed and the same shall be provided by the "Service Provider". Any false or incorrect details / information / documents furnished will be considered a breach of this Agreement and could result in the "Service Provider" being suspended / withdrawn / black listed / terminated from rendering his Services through the Finchant Platform with immediate effect.

7.     Finchant shall not be held liable or responsible in any manner what so ever for any insufficiency or deficiency of "Vehicle Hiring Services" rendered by the "Service Provider" to the "Service Seeker". It is hereby clarified that the "Service Provider" shall be held solely liable or responsible for any insufficiency or deficiency of "Service" rendered by the "Service Provider" to the "Service Seeker".

8.     Finchant disclaims and shall disclaim all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all the vehicles of the "Service Provider" to be driven by the "Service Seeker".

9.     Finchant disclaims and shall disclaim all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all the services including " Vehicle Hiring Services " of the "Service Provider" that are used by the "Service Seeker".

10.   Finchant shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the "Service Provider" arising out of the failure of Finchant Platform to provide "Vehicle Hiring Services" to the "Service Seeker" for any reason whatsoever including but not limited to any "Service Seeker" non-compliance, misrepresentation which might lead to a fake booking of Assignment which includes, but is not limited to, any incorrectly placed instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Finchant Platform or any person or any organization involved in the above mentioned systems.

11.   Without prejudice to the above, Finchant shall not be liable for any direct or indirect loss or damage or payment, which may be suffered by the "Service Provider" as a result of any failure by the "Service Seeker" to start / complete the booking at the given stipulated time even if the "Service Seeker" has agreed to such timing or even if the "Service Seeker" has cancelled the booking of the Service.

12.   The required "Vehicle Hiring Services" to be provided by the "Service Provider" to the "Service Seeker" through the Finchant Platform shall be of highest quality as per industry standards and in accordance and requirements of this agreement and the "Service Provider" shall be liable to Finchant for any consequential loss caused due to negligence of the "Service Provider" in the performance of "Services".

13.   The "Service Provider" represents and warrants to Finchant that he / she is fully compliant with all applicable laws, rules and regulations in India regarding the "Vehicle Hiring Services" offered by him.

14.   "Service Provider" alone shall be responsible and liable for any violation of any law, rule or regulation in the performance of its obligations under this Agreement and for any conduct, which results in any violation of any such applicable law, rule and / or regulation while rendering "Vehicle Hiring Services" through the Finchant Platform.

15.   Any complaint/s by "Service Seeker" regarding the "Service Provider" will be considered to be a breach of the "Service Provider" obligations / duties under this Agreement. Finchant may in its absolute sole discretion require inter alia that such "Service Provider" be suspended / withdrawn / black listed / terminated from rendering his Services through the Finchant Platform.

16.   The "Service Provider" shall indemnify Finchant from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings, which Finchant may incur or sustain directly or indirectly from any breach by "Service Provider" of its obligations hereunder or any breach of "Service Provider" representations and warranties, or by any reason, or in relation to the provision or proposed provision of the Services by the "Service Provider" and "Service Provider" shall forthwith pay all such sums forthwith on demand by Finchant in writing.

17.   The "Service Provider" shall be liable to Finchant for any loss caused to Finchant due to negligence and / or any unlawful act or omission in the performance of the "Vehicle Hiring Services" of the "Service Provider".

18.   Finchant hereby represents that it is authorized to use the location-based information provided by any of the telecommunication companies when "Service Seeker" use the mobile phone to access the Service offered by the "Service Provider" through the Finchant Platform. The location-based information will be used only to facilitate and improve the Finchant Platform and the probability of locating the "Service Provider"/ "Service Seeker".

19.   Finchant shall be entitled to disclose to all companies within its group, or any of its affiliates / subsidiaries or any government body as may be required by law or by any official directive or request from such government body or any third party through a court process or other official agency, the particulars of a "Service Provider" in any way as Finchant in its absolute sole discretion deems fit or if it considers it in its interests to do so.

20.   All calls made by "Service Provider" or on their behalf to Finchant shall be recorded by Finchant or any other agency designated by Finchant, for security, quality and training purposes as deemed fit by Finchant in its sole discretion.

21.   Notwithstanding anything contained herein, the maximum liability if any to the "Service Provider" under this Agreement by Finchant in any event, which includes any failure by Finchant under this Agreement, shall be restricted and limited to 10% of the total amount of revenue earned by the "Service Provider" in any given month in the preceding 12 months.

22.   The "Service Provider" confirms and fully understands the Terms of Use of "Service Seeker" which are set out in this Agreement. These are subject to change at the absolute sole discretion of Finchant and changes if any shall be informed to the "Service Provider".

23.   DISCLAIMER - Without prejudice to that what is stated in this agreement, Finchant makes and shall make no representation or warranty to the "Service Provider" that:

                      I.        The service of Finchant Platform will meet the "Service Provider" requirements from time to time;

                     II.        The service provided by Finchant Platform will be uninterrupted, timely, secure, or error-free.

Terms And Conditions Part B

     TERMS OF USE

                      I.        ASSIGNMENT DEFINITION & REQUIREMENTS

Assignment definitions and requirements contained hereunder are subject to change as per the Policies from time to time at the absolute and sole discretion of Finchant without any intimation to the "Service Provider".

“Assignment” is the period during which the "Service Provider" fulfills bookings received from the "Service Seeker" exclusively through the Finchant Platform.

Following are the Services presently on the Finchant platform:

1. RENT SCOOTER

2. RENT CAR

3. RENT BIKE

Finchant shall at the absolute and sole discretion of Finchant without any intimation to the "Service Provider" add or delete Services on the Finchant platform.

The "Service Provider" has to stay logged into the Finchant Platform at all times to take the Assignments that are requested for by "Service Seeker" and to provide "Vehicle Hiring Services".

The "Service Provider" is at liberty to log off the Finchant platform if he/she does not want to render "Vehicle Hiring Services".

                     II.        PARKING FINES AND PENALTIES

The "Service Seeker" shall be responsible for all parking fines and penalties, if any, imposed on the "Service Seeker" while availing the services and shall not claim them from the "Service Provider" or Finchant. The "Service Provider" shall inform the "Service Seeker" of the same while rendering his Services.

                    III.        PARKING CHARGES AND TOLL TAXES ETC

Toll taxes, Parking charges, Inter-state taxes, and other similar costs / charges will be paid / borne by the "Service Seeker" and the "Service Provider" will not have to bear the name. The "Service Provider" shall inform the "Service Seeker" of the same while rendering his Services.

                    IV.        PAYMENTS

a.     Finchant charges "Service Provider" a listing fee for 12 months and a lead fee for every booking/ service accepted by the "Service Provider".

b.     Finchant will bill the Service Provider for the listing fees and lead charges.

c.     All bills raised by Finchant to the "Service Provider" shall be inclusive of Goods and Services Tax or any other tax for the time being in force.

d.     Finchant shall collect payments for all "Vehicle Hiring Services" from the Service Seeker by electronic/ mobile payment.

e.     Finchant shall deduct the lead charges and any applicable taxes thereon, including but not limited to TDS/ TCS under the Income-tax Act, 1961, TCS under Goods and Services Tax Act or taxes under any other law from the time being in force, from the service amount paid by the "Service Seeker"

f.      Finchant will pay the amount due to the "Service Provider", after making all deductions, on a weekly basis. The amount due to the "Service Provider" shall be paid only by electronic/ mobile payment.

                     V.        INSURANCE

The "Service Provider" shall ensure necessary insurance including without limitation to meet any accidental, eventuality, third party damage to person/property etc., and Finchant shall not be liable for any damages whatsoever caused during rendering Vehicle Hiring Services. The "Service Provider" shall take comprehensive insurance with third party unlimited liability risk of the vehicles listed on Finchant portal. The "Service Provider" shall solely look into claims by any third party for any injuries caused by the "Service Seeker" whether by accident or otherwise. Finchant shall not be liable for any damages whatsoever to public property or any third person due to any accident arising out of and in the course of the assignment.

                    VI.        OWN A DEVICE

The "Service Provider" will have to compulsorily purchase and own a Smart phone Device which supports the Android or IOS system which will be installed with the Finchant technology firmware. The smart phone Device will be used for the acceptance of Assignments and rendering "Vehicle Hiring Services" to "Service Seeker" through the Finchant Platform.

                   VII.        PAYMENTS PAYABLE BY "SERVICE PROVIDER" TO FINCHANT

a.     Service Providers shall in advance deposit an amount so as to have a credit balance to be able to render "Vehicle Hiring Services".

b.     Finchant shall automatically deduct listing fees, lead charges and applicable taxes from the amount deposited by the Service Provider.

                  VIII.        CREDIT LIMIT: Rs5000 .

                    IX.        CANCELLATION POLICY

a.     Three hours prior to the booking time - no charge - "Service Provider" shall not pay any fine

b.     Cancellation within three hours prior to booking time - "Service Provider" will pay a fine Rs. 500/-.

c.     "Service Provider" shall not reject / refuse the assignment once he has accepted the assignment and shall not switch off his mobile phone under any circumstances during an Assignment. Violation could result in being fined and or terminated with immediate effect.

                     X.        MARKETING

FINCHANT may require the “Service Provider” to affix FINCHANT brand banner at its premises including but not limited to its logo / sticker on the Vehicle. In such event, “Service Provider” shall extend all necessary support and assistance to FINCHANT for affixing FINCHANT brand at the premises as well as on vehicle. It is hereby clarified that “Service Provider” will not be entitled for any additional payments for the FINCHANT logo / sticker affixed on the Vehicle as well as the premises if any.

FINCHANT Sticker, if any, on the Vehicle should not be removed till the Vehicle is active on the Platform.

FINCHANT brand image at the premises should not be removed till the “Service Provider” is active on the platform.

                    XI.        SERVICE PROVIDER"S RESPONSIBILITY

a.     The "Service Provider" shall at all times have a functioning mobile number and also have the ability to read and send SMSs from Finchant, regarding the "Service Seeker" details, location of "Service Provider", amount paid by the "Service Seeker" and to convey "Service Seeker" feedback.

b.     The "Service Provider" should keep the vehicle ready at least 15 minutes before the Assignment time.

c.     The belongings of the "Service Seeker" left in the car shall not be pilfered or tampered with by the "Service Provider". The "Service Provider" shall promptly inform and handover such belongings to Finchant.

d.     The "Service Provider" shall not offer any discounts to "Service Seeker" which are not allowed/initiated by Finchant. Any discounts given to the "Service Seeker", if any, will be decided only by Finchant.

e.     The "Service Provider" shall ensure excellent behavior and discipline while rendering services to all "Service Seeker" while on duty / assignment.

f.      The "Service Provider" shall mandatorily keep the vehicle to be given to the "Service Seeker" clean and neat before the Assignment time.

g.     The "Service Provider" shall ensure that waste, personal belongings of the "Service Provider" or any other useless material or things are not left in the vehicle at any time.

h.     The "Service Provider" shall keep adequate spares such as bulbs, belts, spare wheel etc in good condition in the vehicles at all times along with toolkit for use, if necessary.

i.      The "Service Provider" shall keep an emergency medical kit in the vehicle at all times.

                   XII.        DUTIES OF SERVICE PROVIDER

The "Service Provider" shall ensure and shall be solely responsible to ensure:

a.     To log off the Finchant Platform if he / she does not want any duty / assignment.

b.     That the mobile device should not be busy, unavailable or switched off for the "Service Seeker" and Finchant during an assignment. It is understood by the "Service Provider" that doing so will lead to deductions in the amounts to be paid to "Service Provider" by adjusting the discounts given to the "Service Seeker" with the amounts to be paid to "Service Provider". Such deductions may extend to 100% of the amounts to be paid to the "Service Provider" at the sole discretion of Finchant.

c.     To be polite with the "Service Seeker" at all times;

d.     To take all calls from the "Service Seeker" and Finchant.

                  XIII.        RANDOM CHECKS

Random audit may be carried out by Finchant to check on the Services of the "Service Provider". The "Service Provider" hereby agrees that he / she shall have no objection to the same.

                  XIV.        DELISTING OF SERVICE PROVIDERS

Should the "Service Provider" want to voluntarily delist or withdraw themselves from the Finchant Platform, they shall furnish an application for delisting and Finchant shall delist their name.

In case of Delisting or termination of the agreement the FINCHANT brand image and logo will be removed by the “Service Provider” from the premises and the vehicles.

FINCHANT, without prejudice to any action FINCHANT may take for unauthorized use of the FINCHANT Brand and/ or logo, disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of continued use of any branding by the “Service Provider” after Delisting or termination of the agreement.