Terms & Conditions - Eligibility to Rent a Motorable Vehicle

Welcome to the ‘Rentop Community’ located at our website www.rentop.in/ (the “Site”) and the Rentop mobile device software application (the “App”). Rentop is a a peer-to-peer vehicle (two-wheeler) sharing platform and online service provided by Plixr Technologies Private Limited (“Rentop”, “we”, or “us”), a company incorporated under the Companies Act, 2013, having its registered office at # 351, Salarpuria Tower -1, Hosur Road, Near Forum, Bangalore, Karnataka – 560095 India. This Terms of Service Agreement (“Agreement”) describes the terms and conditions that govern your use of and participation in Rentop services. Rentop services include the Site, the App, web widgets, feeds, (the “Platform”), applications for third-party web sites and services, and any other mobile or online services and/or applications owned, controlled, or offered by Rentop (collectively, the “Services”). By accessing or using the Platform and / or the Service, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors on the Platform, users, and others who browse through the Platform / access/ avail the Service (“Users”).

Through the Platform, Rentop enables and facilitates the Users to list and lease two-wheeler vehicles directly with one another and allows the Users to discover and reserve such vehicles for self-drive as per the terms and conditions of this Agreement and other policies of the Platform, to the extent applicable. Rentop is not a transportation company nor does it sell, hire, manage and/ or control the vehicles leased through its Platform.

The Privacy Policy applicable to the Platform and the Services is available at privacy-policy and it is hereby deemed to be incorporated in this Agreement by reference.

PLEASE READ THIS AGREEMENT AND THE PRIVACY POLICY CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION BEFORE USING OR REGISTERING ON THE PLATFORM OR ACCESSING ANY INFORMATION OR MATERIAL OR AVAILING SERVICES THROUGH THE PLATFORM. IN CASE YOU DO NOT AGREE WITH ANY OF THE PROVISION(S) STIPULATED IN THIS AGREEMENT OR THE PRIVACY POLICY, PLEASE IMMEDIATELY CEASE TO VIEW, ACCESS OR USE THE PLATFORM. BY CONTINUING THE USE OF THE PLATFORM, YOU ACKNOWLEDGE AND AGREE WITH EACH AND EVERY TERM CONTAINED IN THIS AGREEMENT. YOU FURTHER UNDERSTAND AND AGREE THAT RENTOP IS NOT A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN RIDERS AND HOSTS, NOR IS RENTOP A TRANSPORTATION SERVICE, AGENT, OR INSURER. RENTOP HAS NO CONTROL OVER THE CONDUCT OF RIDERS OR HOSTS AND OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD. THIS AGREEMENT PROVIDES THAT THIS AGREEMENT SHALL BE GOVERNED BY THE APPLICABLE LAWS OF INDIA AND THAT THE COURTS OF BANGALORE SHALL HAVE EXCLUSIVE JURISDICTION FOR ANY PROCEEDINGS ARISING HEREINUNDER.

This Agreement shall regulate and govern the relationship between Rentop (which expression shall, unless repugnant to the context or meaning thereof deemed to include their executors, administrators, legal representatives, permitted assigns and shall include its group companies including subsidiaries) and the User (as defined hereinafter, which expression shall, unless repugnant to the context or meaning thereof deemed to include his/her heirs, administrators and executors and includes both Riders and Hosts). Rentop and the User are hereinafter collectively referred to as “Parties” and individually as “Party”. The terms and conditions in this Agreement, including specific terms and conditions applicable to the Riders and Hosts (as amended from time to time including all Schedules and Annexures hereto), read together with the Privacy Policy collectively comprise of a legally valid and binding contract under the Applicable Laws on the basis of which Rentop offers to you or the entity you represent (“you”, “User”, or “your”), the access to/ use of, the ‘Rentop Community’, Platform and / or the Services.

Amendment/ Update: Rentop may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement, we will update the last modified date at the top of this page. If there are material changes to this Agreement, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification. Your continued use of the Service / the Platform after any such change constitutes your acceptance of the new and modified terms and conditions. If you do not agree to any of these terms or any future terms and conditions, do not use or access (or continue to access) the Service.

Conflict: In the event of any conflict between these terms and conditions and any other document with respect to the ‘Rentop Community’, these terms and conditions shall govern except where expressly otherwise set forth by Rentop in writing.

Definitions:All terms and expressions when used with capitalized first letter shall have the meaning ascribed to them below. All terms and expressions which have been defined elsewhere under these terms and conditions shall have the meaning ascribed to them thereat if defined for use in bold within by quotes (“”).

Applicable Laws

Hosts:“Host” shall mean any User that establishes a “Host” Account and lists a vehicle that meets all of the eligibility requirements set forth in this Agreement and the Eligibility Requirements, incorporated herein by reference, to be shared through or via the Service.

Riders: “Rider” shall mean any User that establishes a “Rider” Account, which would allow such User to reserve a vehicle through or via the Service.

Use of Our Service

Eligibility:This Service is intended solely for licensed drivers: (a) who possess a valid driver’s license issued by the Government of India to operate the particular vehicle type, (b) with eighteen (18) years of age or older, or the minimum age required in the market where the Service is intended to be used (whichever age is higher), and (c) who possess a valid identity, age and address proof. Any registration, use, or access to the Service by anyone under the required minimum age is strictly prohibited and is in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Rentop, unless Rentop has given you written notice of reinstatement. All Users must pass our eligibility requirements and must provide all necessary and complete documentation for determining eligibility throughout your use of the Service, as may be determined and requested by Rentop, from time to time, in its sole discretion. You acknowledge and agree that Rentop may change its eligibility requirements at any time and for any reason and you further acknowledge that in case you do not meet the eligibility requirements at a given point of time, you shall be required to immediately cease your use / access of the Services.

Registration:Our Service requires that you open a user account (“Account”). In order to reserve a vehicle from another User on Rentop, you will need to apply for a “Rider” Account. In order to share your vehicle with another User and offer it for self-drive on Rentop, you will need to apply for a “Host” Account. User shall avail Services offered by Rentop only on completion of registration as a User through its Platform. All applications for registration shall satisfy the eligibility criteria and be supported by necessary documentation as requested by the owner of the vehicle or the platform. Satisfying the eligibility criteria required to become a User shall not automatically give an applicant the right to avail the Services. Acceptance of the registration is subject to approval by Rentop at its sole discretion. Rentop reserves the right to examine and verify the authenticity of the documentation provided by the Users. By applying for a Rider or Host Account on the Platform, you give us permission to disclose the information you provide on your application to third parties for verification purposes and to obtain additional information about you.

If you are accepted for a Rider and/or Host Account, you acknowledge and agree to abide by this Agreement and the Vehicle Eligibility Requirements which are applicable to your particular type of Account.

Users with a Rider or Host Account are collectively referred to in this Agreement as “Members”. Your Member Account gives you access to the Services and functionality that we may establish and maintain from time to time and at our sole discretion. Each transaction in which a Rider reserves a vehicle from a Host via the Service is referred to in this Agreement as a “Booking”.

Personal Use and Non-Assignment: You acknowledge and agree that Your Member Account is for your personal use only. You may not use another Member’s Account, permit anyone else to use your Member Account, or assign or otherwise transfer your Member Account to any other person or entity.

Complete and Accurate Information:When applying for and creating your Account, you must provide accurate and complete information and keep such information updated and accurate throughout the term of this Agreement. You shall be solely responsible for any information that you provide, host, display, upload, publish, update, etc. including, but not limited to, the information required for your onboarding process. The Platform only acts as an intermediary to connect the Users of the ‘Rentop Community’ and facilitate Bookings and accordingly the Platform shall not be held responsible for any information that is inaccurate, misleading, or untrue.

Sole Responsibility of User:User agrees and acknowledges that the registered mobile number provided during the registration shall be used for making requests for Services and receiving all communications from Rentop. Hence, the responsibility of any action taken in pursuance of the instruction received from/sent by User mobile shall be of User and deemed to have emanated from /confirmed by the User. Rentop has no obligation to verify the veracity of any communication received from the User’s registered mobile number/ User’s registered account. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify Rentop immediately of any breach of security or unauthorized use of your Account. Rentop will not be liable for any losses caused by any unauthorized use of your Account.

Prohibited Uses:You agree not to engage in any of the following prohibited activities, including but not limited to, (a) posting content / information that may be defamatory, harmful, gross, obscene, hateful, libellous, invasive of other’s privacy, disparaging, relating or encouraging money laundering/ corruption, unlawful in any manner, or otherwise objectionable in any way, etc.; (b) using the Platform for a purpose other than making / obtaining Bookings, (c) sending more request messages to Rentop servers than a human can reasonably produce by way of using robots/ automated systems; (d) sending false requests/ messages to the support team of Rentop; (e) making false Bookings (in case of a Rider) and making false vehicle listings (in case of a Host); (f) transmitting spam, or other unsolicited email; (g) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (h) taking any action that imposes or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (i) uploading invalid data, viruses, worms, or other software agents through the Service, or introducing Trojan horses, cancelbots, computer codes, software viruses, files or programs that may disrupt or limit the functionality of the Platform, or any of the foregoing virus, program, etc. that may detrimentally interfere with, destroy, or extract, and/ or expropriate any personal information, system, data residing on the Platform (or the backend); (j) collecting or harvesting any personally identifiable information, including Account names, from the Service; (k) using the Service for any commercial solicitation purposes; (l) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity, or hiding any material information relevant to the onboarding process (such as expiry date of a document) or relevant to a Booking (such as, in case of a Host, any peculiar condition of the listed vehicle that the Rider must be aware of); (m) interfering with the proper working of the Service; (n) accessing any content on the Service through any technology or means other than those provided or authorized by the Platform; or (o) bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict the use or copying of any content, or enforce limitations on use of the Service or the content therein.

Rentop reserves the right to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service as well as the Platform without notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. Rentop may interrupt the Service with or without prior notice for any reason or no reason. You agree that Rentop will not be liable to you for any interruption of the Service, delay, or failure to perform.

Disclaimer:While we may take actions to verify User identities and descriptions and information regarding vehicles available via the Service/ onboarding process on the Platform, Rentop does not endorse any Users or their background, any User content, vehicle, or Bookings. We may also rate the Users based on their profile fulfillment, successful completion and fulfillment of number of Bookings, and certain other parameters, You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no liability for your interactions with other Users, or for any Users’ action or inaction, with respect to Bookings or the Service. You acknowledge that Rentop does not offer transportation / taxi services. Instead, the Platform merely allows Riders and Hosts to transact Bookings directly with each other and become a part of the ‘Rentop Community’. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth, or accuracy of the Bookings, User content, or other services or transactions available via the Service.

By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to the particular User or third party that causes you harm, and you agree not to attempt to impose liability on or seek any legal remedy from Rentop with respect to such actions or omissions. If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, loss, and / or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Service.

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICE IS INTENDED TO BE USED TO FACILITATE BOOKINGS. RENTOP CANNOT AND DOES NOT CONTROL THE USER CONTENT CONTAINED IN ANY BOOKING, THE CONDITIONS OF ANY VEHICLES PROVIDED THROUGH THE SERVICE, THE BEHAVIOR OF ANY USER, OR THE ACTIONS OF ANY USER. RENTOP IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL BOOKINGS AND USER CONTENT. ACCORDINGLY, ANY BOOKINGS MADE BY A USER, RIDER, AND/OR HOST WILL BE MADE AT THE USER, RIDER, AND/OR HOST’S OWN RISK.

Rider/Renter-Fee Policy:

1. Security Deposit / Rental Fee	For each booking made through the Rentop Platform, the Renter shall have to pay – Rental fee calculated on the basis of the start and the end time of the trip. The rental fee per hour changes dynamically based on the lead time to booking start, location of the booking, vehicle chosen and the duration of the booking. Security deposit required for any of the bookings dependent on guidelines laid by the host.
2. Refunds, Charges and Payments	All refunds shall be made through the original payment account / mode, 5 to 15 days. Refund initiation TAT 6 hours. Any additional payments owed by Renters under this Fee Policy or other applicable policies will be paid by the Renter electronically within 24 hours of the booking end time, as per Rentop’s payment instructions. The Renter shall ensure that the account from which the amounts are to be collected have sufficient funds or credit available to cover any charges and/or amount payable to Rentop. Renters are solely responsible for any associated bank or credit card charges or fees. Renters may be charged a processing fee for a declined credit or debit card payment. In the event the Renter defaults on any payments, Rentop is entitled to charge reminder fees and default interest in accordance with the provisions of the law. In addition, Rentop may designate third parties to collect amounts owed to Rentop by a Renter. Rentop reserves the right to prohibit a Renter from making a subsequent booking on the Platform until all outstanding fees in the Renter’s account have been paid in full. In the event a fee is incurred, the Renter will receive an email invoice from Rentop that will have detailed payment instructions.

1. Security Deposit / Rental Fee

For each booking made through the Rentop Platform, the Renter shall have to pay –

Rental fee calculated on the basis of the start and the end time of the trip. The rental fee per hour changes dynamically based on the lead time to booking start, location of the booking, vehicle chosen and the duration of the booking.
Security deposit required for any of the bookings dependent on guidelines laid by the host.

2. Refunds, Charges and Payments

All refunds shall be made through the original payment account / mode, 5 to 15 days. Refund initiation TAT 6 hours.
Any additional payments owed by Renters under this Fee Policy or other applicable policies will be paid by the Renter electronically within 24 hours of the booking end time, as per Rentop’s payment instructions.
The Renter shall ensure that the account from which the amounts are to be collected have sufficient funds or credit available to cover any charges and/or amount payable to Rentop. Renters are solely responsible for any associated bank or credit card charges or fees. Renters may be charged a processing fee for a declined credit or debit card payment.
In the event the Renter defaults on any payments, Rentop is entitled to charge reminder fees and default interest in accordance with the provisions of the law. In addition, Rentop may designate third parties to collect amounts owed to Rentop by a Renter.
Rentop reserves the right to prohibit a Renter from making a subsequent booking on the Platform until all outstanding fees in the Renter’s account have been paid in full. In the event a fee is incurred, the Renter will receive an email invoice from Rentop that will have detailed payment instructions.

Confidential Information:While using the Service, you may receive information disclosed by us that would, under the circumstances of such disclosure, appear to a reasonable person to be confidential or proprietary (“Confidential Information”). You may not use any of our Confidential Information for your own use or for any purpose other than to carry out discussions concerning, and the undertaking of, your use of and participation in the Service (the “Relationship”). You shall not disclose or permit disclosure of any Confidential Information to third parties, without our prior written express consent. You shall take reasonable measures to protect the secrecy of and avoid disclosure or use of our Confidential Information in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized under this Agreement to have any such information. Such measures shall include the degree of care that you use to protect your own confidential information of a similar nature. You shall immediately notify us of any misuse, misappropriation or unauthorized disclosure, or any request for disclosure, of our Confidential Information that may come to your attention.

Intellectual Property: You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Rentop, Inc. or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.

Indemnity and Limitation of Liability: Indemnity and Limitation of Liability: The User shall indemnify, keep indemnified and hold Rentop harmless and its directors, officers, employees, agents and representatives from and against any action, suits, complaints, proceedings, damages, losses, costs, expenses (including reasonable attorney’s fees and court costs), fines, penalties, claims, counterclaims, actions or liabilities incurred or suffered by Rentop and/or of its directors, officers, employees agents and representatives in any manner as a result of (a) any breach by the User, of the terms and conditions set forth herein, of any of its representations or warranties or obligations as set forth hereunder; and (b) any act or omission of the User that results in personal injury (or death) or tangible or intangible property damage (including loss of use) to any third-party. The User hereby acknowledges that under no circumstances shall Rentop, its employees, directors involved in providing Rentop and related Services be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from (i) the provision of the Services, or (ii) the User’s use of or inability to use, the Services or any damages whatsoever, including punitive or exemplary (including, but not limited to loss of profits, loss of data or other intangible information, business interruption, loss of privacy, or any pecuniary loss), arising out of or in any way connected with the provision of the Services.

Complaints: In the event you have any complaints, or concerns with respect to the Platform, or Services, please contact our support team at support@rentop.in