Please read these Terms

These Terms of Service are a legally binding agreement between you and Drive Buddy. By creating an account, listing a vehicle, making a booking or otherwise using Drive Buddy, you confirm that you have read, understood and agree to these Terms and to our Privacy Policy, which forms part of these Terms. If you do not agree, please do not use Drive Buddy.

1. About Drive Buddy and these Terms

“Drive Buddy” (also styled “DriveBuddy”) is a self-drive car-rental marketplace operated as a sole proprietorship by [PROPRIETOR FULL LEGAL NAME], a micro-enterprise registered under the Government of India’s Udyam scheme (Udyam Registration Number [UDYAM REGISTRATION NUMBER]), with its principal place of business at [PRINCIPAL PLACE OF BUSINESS — full address, Surat, Gujarat, PIN] (“Drive Buddy”, “we”, “us”, “our”). GST status: [GSTIN or “not currently registered under GST”].

We operate the website at [WEBSITE DOMAIN], the Drive Buddy mobile application, and all related features (together, the “Platform”). Additional terms may apply to specific features (the rental agreement you sign for each trip, promo-code terms, referral and loyalty-points terms); where they apply they form part of these Terms and, in case of conflict, control for that feature.

We may update these Terms from time to time (see section 24). The version in force is the one published on the Platform, with its “Last updated” date.

2. Definitions

• Guest / Renter — a user who books and takes a vehicle for a trip.
• Host — a user who lists a vehicle and makes it available for rental.
• Vehicle — a motor vehicle listed on the Platform by a Host.
• Listing — the page and information a Host publishes for a Vehicle.
• Booking — a confirmed reservation of a Vehicle for defined dates/times.
• Trip — the period from when the Guest takes possession of the Vehicle to when it is returned.
• Rental Agreement — the trip-specific contract between the Host and the Guest that the Guest signs electronically through the Platform.
• Security Deposit — the refundable amount collected from the Guest to cover the deductions described in section 9.
• KYC — the identity-verification process in section 6.

3. What Drive Buddy is — and is not

Drive Buddy is a marketplace and an intermediary only. We provide an online platform that lets Hosts list Vehicles and Guests discover, book and pay for them, and that generates and stores the Rental Agreement for each Trip. Drive Buddy is an “intermediary” under the Information Technology Act, 2000 and a “marketplace e-commerce entity” under the Consumer Protection (E-Commerce) Rules, 2020.

The rental contract is strictly between the Host and the Guest. For every Trip the Vehicle is owned or lawfully controlled by the Host and rented by the Host to the Guest under the Rental Agreement. Drive Buddy is not the owner, lessor, bailor, operator or a party to that Rental Agreement, and does not own, lease, control, inspect, maintain, insure or operate any Vehicle. Drive Buddy is not a transport operator, travel agent, cab aggregator or carrier and does not employ or supervise drivers.

We do not guarantee the existence, quality, safety, legality, roadworthiness or condition of any Vehicle, the accuracy of any Listing or User Content, or the identity, conduct or reliability of any Host or Guest. Any screening or verification we perform (including KYC and the pickup identity check) is a limited, good-faith measure and not a warranty. When we help resolve a Host–Guest dispute we act as a neutral facilitator; our determinations on deductions and refunds are administrative under these Terms and do not limit either party’s rights before a court.

4. Eligibility and your account

To use the Platform you must be an individual at least 18 years old, competent to contract under the Indian Contract Act, 1872, and not barred from receiving services under any law. To book or drive a Vehicle you must also (a) hold a valid, subsisting driving licence valid in India for the class of the Vehicle, (b) complete KYC, and (c) meet any further requirements shown on the Listing (a Host may set a higher minimum age or require minimum driving experience).

You must provide accurate, current and complete information and keep it updated. You may hold only one account. You are responsible for all activity under your account and for keeping your credentials and one-time passwords confidential; notify us immediately at drivebuddysurat@gmail.com if you suspect unauthorised use. You may not transfer or share your account, let another person book or drive using your verified identity, or register on someone else’s behalf or with false information.

5. Acceptable use

You agree not to, and not to help or permit anyone else to:

• use the Platform for any unlawful, fraudulent or harmful purpose, or in breach of these Terms, the Rental Agreement or any law (including the Motor Vehicles Act, 1988 and rules under it);
• provide false, misleading or impersonating information, including during KYC or the pickup identity check;
• book a Vehicle for anyone other than yourself as driver, unless every intended driver is separately named, KYC-verified and Host-approved;
• contact a Host or Guest, or complete a transaction, outside the Platform to avoid fees, KYC, the Rental Agreement or Platform protections (“platform circumvention”);
• post Content that is defamatory, obscene, hateful, infringing, invasive of privacy or otherwise unlawful, or that you have no right to post;
• interfere with or disrupt the Platform or its security; scrape, crawl or harvest data; use bots; or reverse-engineer, decompile or copy any part of the Platform except as permitted by law;
• upload malware or attempt unauthorised access to any account, system or data;
• infringe our or anyone else’s intellectual-property, privacy or other rights.

6. Identity verification (KYC)

Before your first Booking is allotted, and again where we reasonably require it, you must complete KYC. KYC uses DigiLocker, accessed through our verification partner Sandbox.co.in, to confirm your name and retrieve your Aadhaar and driving-licence details from official sources based on the consent you give inside the DigiLocker flow.

We store only the minimum verification data: your verified name, your Aadhaar number masked to the last four digits only, your driving-licence number, name and expiry, the DigiLocker reference ID, and the verification timestamp. We never store your full Aadhaar number, the raw DigiLocker documents, the Aadhaar photograph, or any biometric data.

Pickup identity check. Around the time of a Booking you will be asked to take a photo of yourself (“pickup selfie”). At handover the Host (and, where needed, our team) compares the person collecting the Vehicle against your pickup selfie and your verified name. If you decline the check, or the person collecting the Vehicle cannot be reasonably matched, the Host may refuse handover and the Booking may be cancelled with cancellation charges applying as if you had cancelled.

We may decline, pause or cancel a Booking, and may suspend an account, if KYC fails, appears manipulated or cannot be completed, or if a licence is expired, suspended, disqualified or invalid for the Vehicle.

7. Bookings

A Listing is an invitation to book, not an offer. A Booking is confirmed only when the Platform shows it as confirmed and payment has been authorised or received; Vehicle allotment is subject to successful KYC and payment. You must use the Vehicle only for the dates, times and purpose in the Booking and Rental Agreement. Extensions require the Host’s approval through the Platform and payment of additional charges; returning late without approval is a breach and attracts late charges (section 9) and liability for the Host’s lost bookings.

Modifications and early returns are handled through the Platform and may carry charges or non-refundable amounts shown at the time. Refunds for unused time are not guaranteed and depend on the Listing’s terms. If you do not collect the Vehicle within the grace period shown and have not arranged a change with the Host, it is treated as a no-show and no refund is due except any refundable Security Deposit.

8. Prices, payment and taxes

Amounts. The price for a Trip — base rental, any distance/fuel components, fees, the Security Deposit, and taxes — is shown on the booking summary before you confirm. Prices are set by the Host; Drive Buddy adds a booking/convenience fee and, where applicable, retains a commission of [COMMISSION / CONVENIENCE FEE %] from the Host’s payout.

Collection and settlement. Drive Buddy collects the trip charges and the Security Deposit from the Guest through our third-party payment partners (currently Razorpay and/or Cashfree). By paying, you authorise that partner and Drive Buddy to charge the amounts shown. Card, UPI, bank and wallet details are handled by the payment partner; Drive Buddy does not receive or store full payment credentials. Drive Buddy remits the Host’s share after deducting our fee/commission and any amounts properly withheld under these Terms. Drive Buddy holds funds as a payment facilitator, not as a trustee, and no interest is payable on any amount held (including the Security Deposit).

Taxes. All amounts are subject to GST and other applicable taxes and levies, shown separately where required. Hosts are responsible for their own tax registration, invoicing and payment on rental income.

Promo codes and rewards. Discounts, promotional credits, loyalty points and referral rewards are subject to their own terms, have no cash value, cannot be transferred or encashed, and may be varied, suspended or withdrawn. We may reverse rewards obtained through error, abuse or fraud.

Failed or reversed payments. If any payment is declined, charged back or reversed, we may suspend the Booking or account, offset the amount against other sums owed to you (including Host payouts or the Security Deposit), and recover the balance as a debt.

9. Security Deposit

A refundable Security Deposit is collected from the Guest for each Booking, in the amount shown on the booking summary. Some Listings instead allow a two-wheeler or other collateral to be left with the Host in place of a cash deposit; where that option is used the deposit line reads “kept as collateral” and the collateral is returned when the Vehicle is returned in order.

After the Vehicle is returned, the Host and Drive Buddy assess whether deductions apply. Deductions may be made for, without limitation:

• damage to, or loss or theft of, the Vehicle, its parts, accessories, documents or keys, beyond fair wear and tear, to the extent not met by the Vehicle’s insurance (including the insurance deductible/excess and amounts the insurer declines);
• traffic fines, e-challans, penalties, toll/parking dues and impounding charges relating to the Trip;
• a shortfall in fuel against the level at handover;
• excessive cleaning, deodorising or detailing needs (for example, from smoking, pets or spillage);
• unauthorised late return, on the per-hour/day basis shown, plus the Host’s demonstrable loss of subsequent bookings;
• recovery, towing, storage or transport costs caused by the Guest;
• any other amount the Guest owes under the Rental Agreement or these Terms.

The un-deducted balance is refunded to the original payment method, normally within 7 working days of the return assessment being completed, subject to payment-partner and bank timelines. Where an incident, insurance claim or dispute is open, we may hold the whole or part of the Security Deposit until it is resolved. If deductions exceed the Security Deposit, the Guest remains liable for the excess and agrees to pay it on demand; we may charge the Guest’s payment method, offset other amounts and pursue recovery. A Guest who disputes a deduction may raise a grievance under section 21; we will review the Host’s evidence and the Guest’s response and make a good-faith determination, which does not prevent either party from going to court.

10. Cancellations and refunds

The cancellation window and any cancellation fee are shown on the booking summary before you confirm and can vary by Listing. When you cancel, the refund is calculated on that basis and returned to your original payment method within a reasonable period, subject to payment-partner timelines.

Host cancellation. If a Host cancels a confirmed Booking, or fails to make the Vehicle available in a usable and lawful condition at the agreed time and place, the Guest is entitled to a full refund of trip charges and the Security Deposit for that Booking. We may assist in finding an alternative Vehicle but do not guarantee one, and (except for the refund) Drive Buddy is not liable for a Host’s cancellation or non-performance.

Cancellation by Drive Buddy. We may cancel a Booking if KYC fails, if we reasonably suspect fraud, safety risk or breach of these Terms, if the Listing is found non-compliant, or if required by law or a competent authority. Where the cancellation is not caused by the Guest’s breach, the Guest receives a full refund of trip charges and Security Deposit.

Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control (natural disaster, extreme weather, riot, strike, government action, network or power failure, epidemic/pandemic restrictions, etc.). Where a Trip cannot proceed for such a reason we will refund trip charges for the unused portion and the Security Deposit; neither party owes the other further compensation.

Refunds are always made to the original payment method. We do not pay refunds in cash or to a different account.

11. Guest responsibilities during a Trip

For the whole Trip, the Guest agrees to:

• drive lawfully and hold, and carry, a valid licence for the Vehicle at all times; ensure any additional driver is named, KYC-verified and Host-approved, and not permit any un-approved person to drive;
• not drive under the influence of alcohol or drugs; not use the Vehicle for any race, rally, test, towing, off-roading, driving instruction, carrying passengers or goods for hire or reward, transport of hazardous or illegal goods, or any illegal activity; not carry more persons or load than the Vehicle is rated for; and not take the Vehicle outside any geographic limits in the Booking without the Host’s written approval;
• look after the Vehicle — keep it locked and secure, protect it from weather and damage, check fluids/tyre pressure on longer trips, use the correct fuel, and not leave keys or documents unattended in the Vehicle;
• pay all running costs during the Trip — fuel, tolls/FASTag, parking, charging;
• be responsible for all traffic violations, fines, e-challans and penalties arising during the Trip, and authorise the Host/Drive Buddy to recover these (including from the Security Deposit) and to share the Guest’s details with the authorities as required by law;
• report immediately any accident, damage, breakdown, theft, seizure, challan or mechanical warning to the Host and to Drive Buddy, and cooperate fully (including with police and insurer formalities — see section 13);
• return the Vehicle on time, to the agreed place, in the same condition as at handover (fair wear and tear excepted), with the same fuel level and all documents, keys and accessories.

12. Guest liability

From handover to return, the Guest has care, custody and control of the Vehicle and is responsible for it. The Guest is liable to the Host for any loss of or damage to the Vehicle (including theft, total loss, and damage to tyres, wheels, underbody, interior and windscreen), and for third-party death, injury or property damage, arising during the Trip, to the extent such loss is not actually paid by the Vehicle’s insurer. This includes the insurance deductible/excess, depreciation/salvage shortfall, claim-related charges, and any amount an insurer refuses because of how the Vehicle was used (for example, an invalid licence, drink/drug driving, use outside the policy, or breach of section 11). The Guest is also liable for the Host’s reasonable, demonstrable loss of rental income while the Vehicle is repaired or replaced following Guest-caused damage, subject to a fair cap in the Rental Agreement or determined by us acting reasonably.

Drive Buddy does not insure the Vehicle, the Guest or any third party, and does not provide any damage waiver, excess protection or collision-damage cover. No such product is offered on the Platform. The Guest should satisfy themselves about the Vehicle’s insurance cover and its exclusions before the Trip. The Guest indemnifies the Host and Drive Buddy against claims, losses, fines, costs and expenses (including reasonable legal costs) arising from the Guest’s use of the Vehicle or breach of these Terms or the Rental Agreement.

13. Accidents, breakdown, theft and seizure

In the event of an accident, breakdown, theft, fire, seizure or impounding, the Guest must: stop safely; not admit fault or liability; take photographs/video of the scene, the Vehicle and any other vehicle or property involved; obtain the other party’s and any witnesses’ details; report the matter to the police and obtain an FIR/GD entry where the law requires or the Host or insurer asks for one; and notify the Host and Drive Buddy immediately through the Platform, including uploading the required photos/videos. The Guest must not authorise repairs, move a badly damaged Vehicle (except to make the scene safe or as directed by police), or settle with a third party, without the Host’s consent, and must cooperate with the Host’s insurer. Failure to follow this section may make the Guest fully liable for the loss.

14. Location and telematics during a Trip

For safety, customer support, anti-theft and vehicle-recovery purposes, the Vehicle’s location may be tracked during an active Trip, using GPS telematics fitted to the Vehicle and/or, where you enable it, location shared from your device. By taking a Trip you consent to this tracking for the duration of the Trip. Live Vehicle location is visible only to the Host and to authorised Drive Buddy administrators, not to other users. Location data is retained and deleted as described in the Privacy Policy.

15. Listing a Vehicle (Host terms)

By listing a Vehicle you represent and warrant, for the whole time it is listed and on every Trip, that:

• you own the Vehicle or have the registered owner’s and any financier’s/lessor’s written authority to rent it out on a self-drive basis;
• the Vehicle is roadworthy, properly maintained and safe, and free of any defect that would make it unsafe or unlawful to drive;
• the Vehicle has, and will keep current, valid registration, a valid Pollution-Under-Control (PUC) certificate, valid motor insurance appropriate for renting the Vehicle out on a self-drive basis, and any permit, fitness certificate or other approval required by law for the way it is being rented (including under the Motor Vehicles Act, 1988, the relevant state rules and any applicable rent-a-cab / self-drive scheme);
• the Listing (photos, features, condition, mileage, fuel type, documents, rules, price, location) is accurate, not misleading and kept updated;
• you will hand the Vehicle over clean, safe, with the agreed fuel level and with all valid documents, and will honour confirmed Bookings;
• you will not discriminate against any Guest on any ground prohibited by law;
• you comply with all tax, registration and other legal obligations relating to your rental activity.

Hosts must record the Vehicle’s condition, odometer and fuel at handover and return (with photos), conduct the pickup identity check, and use the Platform’s Rental Agreement for every Trip. The Host is solely responsible for the legal status and condition of the Vehicle and indemnifies Drive Buddy and the Guest against claims, losses, fines and costs arising from any breach of this section, from a defect in the Vehicle, from missing or invalid documents or insurance, or from the Host’s acts or omissions. Drive Buddy is not liable to any Guest for a Host’s breach beyond the refund remedy in section 10. Drive Buddy may verify a Vehicle’s documents before or after a Listing goes live and may suspend or remove a Listing that is non-compliant, unsafe, inaccurate or the subject of repeated complaints; this verification is a limited check and not a warranty.

16. Ratings, reviews and User Content

Guests and Hosts may rate and review each other and a Trip. Reviews must be genuine, based on a real Trip, and must not contain unlawful, abusive or personal/sensitive information. We may remove reviews that break these rules but do not otherwise edit them and are not responsible for their content.

You retain ownership of Content you submit and grant Drive Buddy a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, store, reproduce, adapt, publish and display that Content to operate, promote and improve the Platform. You confirm you have all rights needed to grant this licence and that the Content infringes no one’s rights. All Platform software, design, text, graphics, logos and the “Drive Buddy” name and marks are owned by or licensed to Drive Buddy and may not be used without our prior written permission.

17. Third-party services

The Platform relies on third-party services (identity verification, payments, maps, messaging, hosting, telematics). Your use of those features may also be governed by the third party’s terms. We are not responsible for third-party services and their availability is not guaranteed. The main processors are listed in the Privacy Policy.

18. Disclaimers

To the maximum extent permitted by law, the Platform is provided “as is” and “as available”, without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy or uninterrupted or error-free operation. We do not warrant that any Vehicle will be available, safe, roadworthy, legally compliant or as described, or that any Host or Guest will perform. Your dealings with any Host or Guest are at your own risk. Nothing in these Terms excludes or limits any liability that cannot be excluded under applicable law, including under the Consumer Protection Act, 2019, or for death or personal injury caused by our proven negligence, or for fraud.

19. Suspension and termination

You may stop using the Platform at any time and may ask us to close your account (subject to completing any open Trip, payment or dispute, and to our retention obligations in the Privacy Policy). We may suspend or terminate your access, remove a Listing, or cancel a Booking, with notice where practicable, if you breach these Terms, the Rental Agreement or the law; if KYC fails or your licence becomes invalid; if we reasonably suspect fraud, safety risk or misuse; if a payment is reversed or unpaid; or if required by law or a competent authority. On termination your right to use the Platform ends; sections that by their nature should survive (including 3, 8, 9, 12, 15, 16, 18, 20, 21 and 25) continue in force.

20. Limitation of liability

Subject to section 18, Drive Buddy (including its proprietor, employees and agents) is not liable for: any indirect, incidental, special, consequential or punitive loss; loss of profit, revenue, business, goodwill, data or anticipated savings; the acts, omissions, conduct or Content of any Host, Guest or third party; the condition, safety, legality, insurance status or performance of any Vehicle; any accident, injury, death, damage, fine, theft or loss occurring during or in connection with a Trip; or any matter outside our reasonable control.

Subject to section 18, Drive Buddy’s total aggregate liability arising out of or in connection with the Platform and these Terms, for all claims taken together, is limited to the greater of (i) the total booking/convenience fees and commission actually received by Drive Buddy from you in the three (3) months immediately before the event giving rise to the claim, or (ii) ₹5,000.

21. Grievance redressal and dispute resolution

Grievance Officer (under the Information Technology Act, 2000, the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Consumer Protection (E-Commerce) Rules, 2020 and the Digital Personal Data Protection Act, 2023):

• [GRIEVANCE OFFICER NAME], Grievance Officer, Drive Buddy
• Email: drivebuddysurat@gmail.com
• Phone: +91 93132 28001
• Address: [PRINCIPAL PLACE OF BUSINESS — full address, Surat, Gujarat, PIN]

How to raise a grievance. Contact us first, by phone or email, with your name, contact details, account/booking reference, and a clear description of the issue and what you would like done. We will acknowledge a complaint within 48 hours and aim to resolve it within 15 days (or sooner where the law requires). Complaints about unlawful content are actioned within the timelines set by the IT Rules, 2021.

Dispute resolution. If you have a dispute with Drive Buddy, you agree to raise it first through the contact route above and to work with us in good faith to resolve it. If it is not resolved within 30 days of being raised, either party may pursue the matter before the courts.

Governing law and jurisdiction. These Terms and any dispute relating to them or the Platform are governed by the laws of India. Subject to the step above, the courts at Surat, Gujarat have exclusive jurisdiction and you consent to that venue. Nothing here prevents a consumer from approaching a Consumer Disputes Redressal Commission having jurisdiction, or a Data Principal from complaining to the Data Protection Board of India.

22. Marketplace disclosures (Consumer Protection (E-Commerce) Rules, 2020)

• Legal name of the marketplace entity: [PROPRIETOR FULL LEGAL NAME], sole proprietor, trading as “Drive Buddy”.
• Principal geographic address: [PRINCIPAL PLACE OF BUSINESS — full address, Surat, Gujarat, PIN].
• Website: [WEBSITE DOMAIN].
• Customer care / grievance contact: drivebuddysurat@gmail.com, +91 93132 28001.
• Grievance Officer: as above.
• Sellers on the marketplace: Vehicles are supplied by independent Hosts. Before you confirm a Booking, the Listing shows the Host’s identity indicator, the Vehicle’s location area, price, rules and cancellation terms. Communication between Host and Guest takes place through Drive Buddy’s in-app trip chat — Hosts and Guests are not given each other’s phone number or email address — and Drive Buddy relays anything that requires direct contact. Hosts are contractually required to comply with these Rules.
• Drive Buddy does not manipulate prices unfairly, does not give any Host or Vehicle undue preference, and does not misrepresent the quality of any Vehicle or service.

23. Changes to the Platform

We may add, change, suspend or withdraw features of the Platform, or the whole Platform, at any time. Where a change materially reduces a paid feature you are currently using, we will give reasonable notice and, where appropriate, a pro-rata refund.

24. Changes to these Terms

We may amend these Terms. The updated Terms take effect when posted on the Platform with a new “Last updated” date, except that changes required by law take effect immediately. For material changes we will give notice (by email or an in-app notice) before they take effect. Continuing to use the Platform after the effective date means you accept the updated Terms; if you do not agree you must stop using the Platform and may close your account.

25. General

• Entire agreement. These Terms, the Privacy Policy, the Rental Agreement and any feature-specific terms are the entire agreement between you and Drive Buddy about the Platform.
• Severability. If any provision is held invalid or unenforceable, it is severed and the rest continue.
• No waiver. A failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign your rights or obligations without our consent. We may assign or transfer ours to a successor of the business, including on incorporation of the proprietorship into a company, on notice to you.
• Relationship. Nothing here creates a partnership, joint venture, agency or employment between you and Drive Buddy.
• Notices. We may give notice by email, by a message in the Platform, or by posting on the Platform. You give notice to us at drivebuddysurat@gmail.com.
• Language. These Terms are in English, the governing language of the agreement.

26. Contact

Drive Buddy — [PROPRIETOR FULL LEGAL NAME], sole proprietor. [PRINCIPAL PLACE OF BUSINESS — full address, Surat, Gujarat, PIN]. Email drivebuddysurat@gmail.com · Phone +91 93132 28001 · Udyam Registration Number [UDYAM REGISTRATION NUMBER].