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It is requested that this document must be read carefully. It lays down the terms and conditions which, once you have given your acceptance, directly or indirectly, electronically in any manner, shall constitute an electronic contract under the Information Technology Act, 2000 (and rules made thereunder), and other statutes. Availing of the offerings by Kadam without formal acceptance would, notwithstanding, be treated as deemed acceptance.

RENT AGREEMENT

The terms and conditions between the Company and User governing KadamService are set forth hereunder in this agreement, which is referred to as “the Agreement”. In this, 

  1. Kadam Work Private Limited, a private limited company incorporated under the provisions of the Companies Act, 2013 having its registered office at Picasso Centre, Tower A, 6th floor, sector 61, Golf course Extension Road, Gurgaon (HR),  122098 is referred to as “Kadam” or “Company”. Kadam/Company expression unless repugnant to the context includes its successors, liquidators and assigns.

  2. The individual who takes Kadam Service is referred to as “User”, which term includes his legal heirs, agents, affiliates, representatives, successors and assigns).

The definition of various terms is in section L of this Agreement. In the definitions:

  1. the singular includes the plural except for the term User and any other which is repugnant to the context, unless agreed to by the Company in advance in writing.

  2. references in this Agreement to either male or female gender is intended to include both genders.

  3. the headings in this Agreement do not affect the interpretation of this Agreement.

  4. “Including” means “including but not limited to.”

Section A – Parties to Agreement

The Company and User are parties to the Agreement. A binding agreement is created by formal acceptance of KadamService as also by use of mobile application of the Company.

This Agreement contains the complete, final, and exclusive integrated agreement between the Company and User with respect to its subject matter. This Agreement overrides all other prior agreements, written or oral, relating to such subject matter.

Section B – Fees etc. to Kadam

  1. The User will be able to avail KadamService on payment of charges, deposit etc and in the manner as mentioned in KadamFees from time to time.

  2. The Company reserves the right, and you accept that the Company reserves the right to change or modify the charges & any terms at its discretion, such change becoming effective from the time as mentioned in KadamFees.

  3. Any taxes applicable will be charged and collected by Kadam.

  4. On termination, deposit shall be refunded to the User after adjustment of any outstanding dues, charges, penalties etc.

Section C – Tenure & Termination

1. The time period of KadamService made available to a User by the Company is referred to as “Tenure”​

2. Termination by User

  •  User may terminate KadamService at any time; provided, however, that 

  1.  no cash refund will be provided by the Company and

  2. the Tenure and terms continue in accordance with this Agreement notwithstanding that KadamVehicle has been returned to the Company.

  • Terms of this Agreement which survive termination shall continue to remain in full force and effect even after termination in accordance with this Agreement.

3. Termination by the Company

  1. The Company reserves the right at any time, without notice or cause, without User’s consent, and at its sole discretion to unilaterally terminate KadamService.

  2. Terms of this Agreement which survive termination shall continue to remain in full force and effect even after termination in accordance with this Agreement.

Section D – Ownership & Usage

  1. KadamVehicle is provided on “as is”, “where is” and “as available” basis.

  2. The User expressly agrees that KadamService, KadamVehicle and KadamIP are and shall remain the exclusive property of Kadam and the User does not and shall not have any ownership of these at any time under any circumstances whatsoever. The User gets limited rights for Tenure in accordance with the terms and conditions of this Agreement. The User does not get any right to own the KadamVehicle or be in its possession other than in Tenure. 

  3. User will not seek to modify, repair, tamper, or deface in any manner a KadamVehicle or any part thereof nor tamper with or seek to gain unauthorized access. 

  4. Usage of KadamVehicle

  • The procedure to activate, commence, use, and terminate KadamService shall be made available on mobile application which User is required to strictly adhere to.

  • The Company shall specify the conditions to making available KadamVehicle which the User is required to strictly adhere to.

  • User shall take independent decisions on using KadamVehicle and not operate under the control & supervision of Kadam subject to strictly adhering to Applicable Laws and the conditions put forth by Kadam.

Section E – Rights & Obligations of User; Representation, Warranties & Covenants by User

  1. User adherence to laws

  • User must ensure that he is eligible to drive KadamVehicle and if not so, he is expressly prohibited to avail KadamService.

  • User shall be the sole individual to drive KadamVehicle and be responsibile to ensure that no other person drives KadamVehicle during his Tenure.

  • User shall follow all traffic & other laws and be solely liable for and shall pay any penalty whatsoever for violation of any law.

2. User Represents & Warrants that he:

  • has read and understood the terms set forth in this Agreement. 

  • is of legal age, competent to enter into this Agreement and perform under this Agreement for the Tenure.

  • is of sound mind, free will, qualified and not incapable, physically or otherwise, to avail & utilize KadamService during the Tenure.

  • experienced in driving, familiar with operations of Vehicle and competent to understand the conditions & accordingly determine his driving behaviour.

  • will avail KadamService only through the mobile application of Kadam and not seek to obtain KadamService or access to KadamVehicle in any other manner.

  • responsible for the normal maintenance of KadamVehicle during Tenure.

  • solely and fully responsible for the safe operations of KadamVehicle.

3. User covenants that he will:

  • adhere to all traffic & other laws as applicable to this Agreement and for lawful purpose only.

  • not do or cause to be done any act by which the Company suffers a loss or its ownership of assets, tangible and intangible, is adversely impacted.

  • adhere to the procedure and rules to availing KadamService and use KadamVehicle only as per its intended usage.

  • use KadamVehicle exclusively in accordance with the terms and conditions of this Agreement such as Territory, Tenure etc and not otherwise.

  • subject to normal wear & tear, return KadamVehicle at the end of the Tenure in the same condition as when received.

4. Kadam Vehicle Battery Charge

  • User shall be responsible for checking the adequacy of battery charge power before commencing KadamService.

  • User understands, acknowledges and agrees that charge power decreases over time and distance which may also impact operational capabilities of KadamVehicle, the rate of loss of power is dependent on various factors such as vehicle, road conditions, weather conditions, manner of driving etc. and Kadam does not give any guarantee w.r.t. charging power whether about the level of charge, the rate of loss of charge, distance/time of operation or otherwise.

Section F – Rights & Obligations of the Company; Representation, Warranties & Covenants by Company

  1. The Company makes available KadamVehicle for Purpose.

  2. The Company shall strive to provide a clean KadamVehicle with charge power to the fullest extent possible but is not obligated to do so.

  3. The Company shall specify the conditions of usage of KadamService for User to adhere to during the Tenure.

  4. The Company shall not be liable, financial or otherwise, for breach of any traffic or other laws and regulations by a User during Tenure.

  5. The Company shall not be liable, financial or otherwise, for breach of any traffic or other laws and regulations by a User by unauthorized or unlawful use of KadamService.

  6. The Company shall strive to make available KadamService but does not guarantee so, is under no obligation to do so, is not liable for non-availability of KadamService or KadamVehicle and reserves the right to not allow use of KadamService to anyone at its sole discretion.

  7. The Company reserves the right to levy a financial penalty for any breach of any law or the conditions to KadamService by the User, such penalty to be disclosed in the mobile application, and the User unconditionally accepts any such penalty.

  8. The Company is not liable for normal maintenance of KadamVehicle during Tenure, and for KadamVehicle charging power which may even run out before reaching destination.

  9. The Company covenants that, subject to User strict adherence to laws and regulations and full compliance with the terms of this Agreement including any rules to availing KadamService, he shall be uninterrupted right to use KadamService.

  10. The Company shall implement and maintain reasonable procedures for protecting sensitive User personal information in compliance with the Applicable Law.

Section G – Disclaimer, Liability & Indemnity

Theft, Damage, Loss of KadamVehicle; Injury to person or property

  1. User shall immediately report any accident, theft, damage to the Vehicle or personal injury on the mobile application or any other mode mentioned in the __________.

  2. User must report any personal injury, property damage, or theft and shall file a report with the local police department within 24 hours.

User Liability

  1. For the Tenure, the User acknowledges and agrees to assume all risks, dangers, hazards, obvious and not-so-obvious, predictable or otherwise, and all responsibilities to person or property including

  • use, inability to use, misuse, unlawful use, malfunction, damage, theft or loss of KadamVehicle and any consequences arising therefrom; 

  • use or inability to use KadamService;

  • his negligence, misconduct, actions or inactions;

  • injury or death or medical conditions of self, passengers and/or 3rd parties

​2. User acknowledges and agrees that he is solely responsible and liable for Claims of any kind or nature whatsoever during the Tenure.

3. The User accepts that there can be errors, delays, interruptions, inaccuracies, omissions regarding KadamService or KadamVehicle.

4. In exchange for the User being allowed to use any of KadamService or KadamVehicle, the User does hereby fully and forever release and discharge all KadamPeople for all Claims that User has or may have against any KadamPeople, except for Claims caused by KadamPeople’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. KadamPeople may plead such releases as a complete and sufficient defence to any Claim, as intended third-party beneficiaries of such releases. The User expressly agrees to indemnify, release and hold harmless KadamPeople from all liability for any loss to property or damage, personal injury, or loss of life, whether caused by the sole or partial negligence of User and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using and/or operating the KadamVehicle.

Kadam Liability

  1. The Company and KadamPeople disclaim all express and implied warranties to the fullest extent permitted by law with respect to KadamVehicle, KadamService, and services of any 3rd party engaged by Kadam including about condition of KadamVehicle generally or for Purpose.

  2. User waives all Claims whether based on contract, tort (including negligence), statutory or otherwise, notwithstanding that the Company or any KadamPerson has been advised of the possibility of such Claim.

  3. The Company and KadamPeople shall have no responsibility or liability in case of contravention by the User of any terms or conditions of this Agreement or arising out of this Agreement.

  4. User acknowledges and agrees that the Company and KadamPeople shall not be responsible or liable for any Claim including arising due to negligence, misconduct, action or inaction of any 3rd party.

  5. If provisions of any law deem differently to hereinabove, the total liability of the Company and all KadamPerson for all Claims is limited to a total sum of Rs 5,000.

  6. User waives, releases, and discharges all KadamPeople from all Claims of any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by User to Kadam.

4. All rights and remedies granted under or referred to in this Agreement are cumulative and non-exclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.

Section H – Data Protection & Confidentiality

1. ​User, with full knowledge, of sound mind and free will, voluntarily and irrevocably in perpetuity, for good and valuable consideration, receipt and adequacy of which User acknowledges, in relation to KadamService:

  1. gives full and unconditional consent to Kadam the right to use at its discretion without any restriction whatsoever, his photograph, appearance, acts and voice in photographs, videos, and other recordings on all forms of media, press etc for commercial purposes such as advertising, merchandise.

  2. grant and assigns to Kadam

  • the right to photograph, videotape, and otherwise record his appearance and voice, at any time and from time to time;

  • all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes; and

  • the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time in its sole discretion, such photographs, videos, and other recordings, or any component thereof.

2. The Company captures, stores, processes and Users personal data, including, but not limited to, name, e-mail id, copy of driving license image, voter ID or passport, and any other additional to the extent necessary for the administration and implementation of the KadamService, to which User expressly consent.

3. ser consents to the right of the Company to forward Users personal data and information to any 3rd party service providers, to the extent required for KadamService.

4.User consents to the Company sharing his personal data to third parties for the purposes of providing individualized offers, services, and other customized information/products.

5. The Company shall disclose Users information to any government body as required by law and/or by directive and/or a request from any government body and/or to any third party deemed fit and proper at its absolute discretion.

6. Kadam agrees that, subject to Applicable Law, it will delete all personal data related to the User collected as part of this Agreement after the expiry of 7 years from the termination of this Agreement.

7. Notwithstanding anything contrary contained herein, User shall be governed by the Kadam Privacy Policy.

8. User understands and agree that all personal information that is held by Kadam pertaining to the User will be kept and utilized by Kadam in accordance with its

9. Privacy Policy located at the end of this Agreement

Section I – Jurisdiction, Litigation

  1. This Agreement is governed by and must be construed and enforced in accordance with the laws of India with the courts of Gurgaon in the state of Haryana having exclusive jurisdiction, to which both the Company and User expressly consent to.

  2. User indemnifies and shall keep indemnified and harmless the Company and KadamPeople, individually and collectively, for any & all proceedings under law, criminal or civil, and Claims of all kinds.

  3. Arbitration

Section J – Force Majeure

If any obligation or performance by the Company under this Agreement 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 the Company or its third parties performing services as service providers/sub-contractors to the Company and which could not have been prevented by reasonable precautions (each, a “Force Majeure Event”), then the Company shall be excused from such performance to the extent of and during the period of such Force Majeure Event.

Section K – Other Terms and Conditions

1. Relationship

-The relationship between the parties is on a principal-to-principal basis. The Users will never be deemed to be Kadam’s agent, servant, or employee in any manner for any purpose whatsoever.

 

2. Amendment-

 The Company reserves the right, and you accept that the Company reserves the right, to vary, change, amend or modify the terms of the Agreement at its discretion, without notification or cause, and without User’ consent, such change becoming applicable from the time it reflects in the mobile application. The continued use of KadamService would constitute an acceptance of any change or modification.

 

3. Intellectual Property

4. Notice

5. Assignment

  • The rights granted to the User under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without the prior written consent of the Company shall be void and of no force and effect.

  •  The Company reserves the right and can at its absolute discretion assign its rights and obligations under this Agreement (or any part thereof) to an affiliate or to another entity in connection with a corporate transaction, assignment process, any other commercial arrangement or otherwise.

6. Waiver

No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement.

 

7. Severability

The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

Section L – Definitions

1. “KadamVehicle” means any vehicle, electric or otherwise, and equipment thereto, whether affixed or otherwise, made available by the Company for taking on rent.

 

2. “KadamService” means KadamVehicle taken on rent for Tenure by a User for Purpose in accordance with the terms & conditions of this Agreement. KadamService includes any mobile applications and other information provided by the Company.

 

3. “Purpose” is defined to mean a User carrying of goods or passengers, as applicable, by self-driving KadamVehicle

 

4. “Territory” is the region, as specified by the Company, where KadamVehicle can be taken or driven and KadamService can only be used by a User is referred to as “Territory”.

 

5. KadamIP 

.

 

6. Confidential Information information,

 

 

 

 

7. Applicable Law.

 

8. “KadamPeople” means collectively (i) Kadam and all of its owners, directors, managers, affiliates, employees, consultants, agents, representatives, successors, and assigns, and (ii) every service provider or sub-contractor of any of the KadamService and all of their owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns. 

 

9. “Claims” means collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, charges, incidental charges, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the KadamService, including any of the KadamVehicles, equipment or related information, or (b) the User’s use of any of the foregoing.

For further queries, please contact us at info@kadammobility.com

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