AGREEMENT

Khudcar Rent a Car (Khudcar) is a car rental service for the very first time in the PK with a concept that gives 24/7 access of Khudcar vehicles to its Clients. So, either you are going for a meeting, hang out late night with friends or go out for shopping, Khudcar gives you access to convenient transportation anywhere, everywhere. This service is available to people that have been approved through an application process and registered as Clients by Khudcar. This Agreement governs the relationship, rights, and obligations between Khudcar and the Client for the use of Khudcar Vehicles. This Agreement does not itself confer any right to use Khudcar vehicles. By using a Khudcar vehicle the Client agrees and adhere to all Terms and Conditions of Khudcar as well as this Agreement.

CLIENT'S DECLARATION

The Client declares that they he/she received all explanations as they may have reasonably requested concerning the content of this agreement and that he/she has carefully reviewed and understands all his/her commitments and obligations in this agreement. The Client declares that he/she understands this agreement contains terms related to damages, liability and indemnification and that they understand that this agreement may impact their rights and responsibilities in the event of any damage to Khudcar vehicles or third parties. By applying for Membership or using a Khudcar vehicle the Client agrees as follows.

1.1. Definitions

In this Agreement, except as otherwise expressly provided, or unless the context otherwise requires:
– ‘Account Page’ means the Client’s personal account section of Khudcar’s website
– ‘Agreement’ means this Agreement as amended or supplemented in writing from time to time;
– ‘Application’ means the Client’s application for Membership with Khudcar;
– ‘Driver’s License’ means a driver’s license that authorizes the person to whom it is issued to operate a motor vehicle in the jurisdiction where he or she uses any Khudcar vehicle;
– ‘Eligible’ or ‘Eligibility’ means a person who meets the Eligibility Requirements pursuant to Schedule ‘B’
– ‘Fees’ means all fees, costs and charges applicable under this Agreement pursuant to the Fees;
– ‘The Business Zone’ means the area delineated by Khudcar pursuant to the business area for commencement and termination of a Trip;
– ‘Invoices’ means a summary of all fees and other amounts for which a Client is responsible that relate to use of a Khudcar vehicle or other amounts owing pursuant to this Service Agreement, which will be generated on a regular basis and which may be made available on the website and on select affiliated websites;
– ‘Client’ means the party to this Agreement and approved by Khudcar through an application process

– ‘Membership Access’ means the electronic access provided to a client which enables him/her to access a car via the Khudcar Android or iOS App through a username and password
– ‘Parking Rules’ means the parking rules as per PK Traffic Police Dept., identifying the locations within — The Zone where a Khudcar Vehicle may be parked;

‘Business Zone’ means the area in which Khudcar vehicles can operate, which generally includes operational area in the city in the PK in which the Khudcar Vehicle is found on mobile application, but may be appointed by Khudcar in the Khudcar Mobile Application or Website

-‘Lahore Fleet’, ‘Pakistan Fleet’ , ‘Lahore Fleet’ means the fleet of cars available on mobile application within the Business Zone of that operating city irrespective of the car registration.

– ‘Person’ means and includes any individual, corporation, partnership, firm, joint venture, syndicate, association, trust, government, governmental agency or board or commission or authority, and other forms of entity or organization and any reference to a Person shall include and shall be deemed to be a reference to that Person’s successor;
– ‘Khudcar Vehicle’ means any motor vehicle registered to Khudcar and used in connection with Khudcar’s car rental business under the concept described in this agreement, the Khudcar Terms and Conditions and the Khudcar website, including all hardware or other property installed or affixed thereto;
– Khudcar’s Website’ means www.khudcar.com and such other websites as may be specified by Khudcar from time to time;
– ‘Trip Period’ means the span of time between a Vehicle Activation and Vehicle Deactivation (Closing the Khudcar vehicle through the access method provided to the Client by Khudcar);
– ‘Vehicle Activation’ means accessing/opening the Khudcar vehicle through the access method provided to the Client by Khudcar); and
– ‘Vehicle Deactivation’ means closing the Khudcar vehicle through the access method provided to the Client by Khudcar.

-‘Penalty’ means additional charges implemented on a customer for violating Khudcar terms and conditions.

1.2. Schedules

The following schedules (‘Schedules’) attached to this Agreement and posted on Khudcar’s website are incorporated by reference and shall be deemed to form a part of this Agreement:

– Terms of Use
– Fees
– Privacy Policy

1.3. Modification of Terms

The current version of this Agreement and the Schedules are available at Khudcar’s website. Khudcar reserves the right to amend, supplement, or replace this Agreement, including the Schedules, from time to time and shall give notice of such changes to the Client. Such notice shall be deemed given to the Client upon being provided by Khudcar in accordance with this Agreement. The Client acknowledges and agrees that all modifications of this Agreement shall be in effect for and binding on the Client in exchange for and as a condition of the Client’s continued rights under this Agreement, including the use of Khudcar vehicles. By reserving a Khudcar Vehicle or otherwise using a Khudcar Vehicle following Khudcar’s notice of any modification to this Agreement, the Client acknowledges and agrees to the terms of such modification.

ELIGIBILITY

2.1. Eligibility and Eligibility Requirement

The Client is required to be 23 years or above on the date of activation of the account, holding a driving license for over 1 year in the PK or outside the PK which is recognized as per the concerned Authorities. He / She needs to be in a mental and health state which fulfills and complies with the legal requirements of PK laws.

Following local & International Driving Licenses are recognized by the authorities: Austria, Belgium, Spain, Germany, France, Ireland, Netherland, Italy, United Kingdom, Turkey, Greece, Switzerland, Norway, Denmark, Sweden, Romania, Poland, Cyprus, Finland, Portugal, Canada, United States of America, Kuwait, Saudi Arabia, Bahrain, Qatar, Oman, South Korea, New Zealand, Japan, Australia, South Africa.

The Client has reviewed the Eligibility Requirements and represents and warrants that they are Eligible.

The Client agrees to cooperate in providing Khudcar all information necessary to confirm their Eligibility. Khudcar reserves the right to request additional information, at any time. Khudcar reserves itself the right to reject a Client at its own discretion.

2.2. Additional Criteria

The Client acknowledges that Khudcar may add additional requirements to the Eligibility Requirements at any time and that such additional requirements may disqualify the Client.

2.3. Ongoing Eligibility Requirements

Because driving a Khudcar vehicle requires maintaining a safe driving record, Khudcar may, from time to time, check Clients’ driving records and reserves the right, in its sole discretion, to suspend or terminate this Agreement. In addition, Khudcar may at any time require Clients to demonstrate compliance with the licensing laws of their jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in their jurisdiction of residence.

2.4. Loss of Eligibility

If the Client’s license is suspended or revoked or becomes invalid, if the Client has any further endorsements or accidents on their driving record, or if the Client is convicted of or receives a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving, or exceeding the relevant speed limit, the Client agrees to report such suspension, revocation, changes, conviction, or citation to Khudcar promptly. Failure to notify Khudcar of any such events may lead to the Client not being covered by Khudcar’s insurance policy when driving a Khudcar Vehicle and/or termination of this Agreement. The Client should at no time access or use a Khudcar vehicle when he/she does not legally comply with the laws of the PK or any legal rules and regulations or any of the Khudcar terms and conditions as well as this agreement.

MEMBERSHIP

3.1. Commencement

This Agr ement Khudcar’s acceptance of the Application and sending a confirmation email to the Client or with the Access of the Client to the Khudcar Apps or Vehicles and shall continue until terminated in accordance with the provisions herein.

3.2. Communications

Khudcar may contact the Client in relation to any matter that may arise under this Agreement or the Client’s use of a Khudcar Vehicle by phone, text message, email, or other method of communication. The Client authorizes such contact and is responsible for any cellphone or other fees related to such contact. The contact details provided by the Client upon the registration with Khudcar is considered as the legal contact of the Client and all communications, legal notifications and information will be provided to the same. The Client is required to ensure that these communication methods are properly working and accepts all responsibilities in case if there is a communication failure.

3.3.  Termination by Client

The Client may terminate this Agreement at any time by written notice, paying all outstanding Fees, and returning all other Khudcar property in the Client’s possession or control.

3.4. Suspension of Use

At any time, Khudcar may prohibit any continued use of the Khudcar Vehicle and notify the appropriate authorities if it believes there is a violation of any laws or this Agreement, including the Terms of Use or a misuse of the vehicle. This includes the exploiting use of the Khudcar vehicles at the benefit of the client and negligent loss of Khudcar.

3.5. Termination by Khudcar

Khudcar may terminate this Agreement, or suspend the Client’s use of Khudcar Vehicles at any time, if the Client:
– does not pay any Fee at the time Fee is due;
– fails to comply with this Agreement, including the Terms of Use;
– fails to maintain Eligibility;
– returns a Khudcar Vehicle to a location other than a location permitted by the Parking Rules and Business Area Rules;
– fails to notify Khudcar of any defect with a Khudcar Vehicle adversely affecting the operation or safety of that Khudcar Vehicle; or
– has made a statement or representation to Khudcar which is incorrect or has failed to disclose facts or circumstances required to be disclosed under this Agreement.

Notwithstanding the foregoing, Khudcar may terminate this Agreement or suspend a Client’s use of Khudcar Vehicles at any time and for any reason whatsoever, in the sole discretion of Khudcar.

3.6. Return of Property

Upon termination of this Agreement or suspension of the Client’s use of Khudcar Vehicles, howsoever caused, the Client shall immediately return to Khudcar any Khudcar Vehicle and any other property of Khudcar in the Client’s possession or control as instructed by Khudcar. The Client shall be responsible for and agrees to pay any legal fees, court costs, or expenses associated with enforcing any term of this Agreement whether upon termination or otherwise and including any costs relating to recovering any of the foregoing property or any amounts due and owing to Khudcar.

3.7. Costs

If this Agreement is terminated or the Client’s use of Khudcar Vehicles is suspended, howsoever caused, Khudcar may take possession of any Khudcar Vehicle or other Khudcar Property in the Client’s possession or control and at the Client’s expense, and the Client may be charged any applicable Fees.

USE OF Khudcar VEHICLES

4.1. Acknowledgement

The Client acknowledges that they have read and understood the Terms of Use. The Client agrees to abide by the Terms of Use as updated and revised from time to time. Khudcar may alter the Terms of Use at any time by publishing the replacement Terms of Use / Terms & Conditions on the Terms & Conditions section of Khudcar’s Website or App. It is the Client’s responsibility to periodically review the Terms of Use and to ensure their compliance on an ongoing basis.

4.2. Ownership

Nothing in this Agreement transfers or otherwise conveys ownership or any right, title, or interest in any property to the Client, including any Khudcar Vehicles. The Client agrees that they will not tamper, destroy, modify, read, copy, manipulate, or reverse engineer Membership Access, any Vehicle Activation method installed in a Khudcar Vehicle, or other any other Khudcar Property.

4.3. Parking Rules

The Client shall only park the car in free parking areas where the parking is legally allowed for free for an unlimited time by the concerned Authorities.

Lahore Fleet Parking rules:

The Lahore fleet can be parked in the Lahore RTA Parking Zones A, B, C D, E, F, G, H, K and L and any unlimited free parking. The free parking needs to be uncovered and has unlimited and unrestricted access for anyone. Parking in communities, private parking, underground parking, basement parking, or multilevel car parking is prohibited.

Please note for RTA Parking Zone I and J it is not currently covered by Khudcar. Any parking fine or impounding charges and/or Khudcar relocation charges will be charged to the client based on the violation type.

The client can end the trip for Lahore Fleet only within operational boundaries (Business Zone) of Lahore.

Pakistan Parking Rules:

Pakistan fleet can be parked in the Mawaqif standard Public Mawaqif Parking for free, except mawaqif multilevel parking. Please note that the client is not allowed to park at no time in any parking spots which turn into Residential Parking after 9 pm.

Please note that the client is not allowed to park in any Mawaqif premium parking spots. Any parking fine or impounding charges and/or Khudcar relocation charges will be on the client on violation of rules.

The client can end the trip for Pakistan Fleet only within operational boundaries (Business Zone) of Pakistan or in accordance with intercity service terms in Lahore/Karachi.

Lahore/Karachi Parking Rules:

Each Lahore & Ajman Fleet has multiple free parking stations where they can be parked. At the end of your trip please ensure that the Khudcar vehicle is parked in free parking in one of our stations. The client will be responsible for shouldering the parking cost if parked in any Paid Parking. Any parking fine or impounding charges and/or Khudcar relocation charges will be on the client on violation of rules.

The client can end the trip for Lahore Fleet only within operational boundaries (Business Zone/stations) of Lahore or in accordance with intercity service terms in Pakistan.

Any damages or unacceptance of a parking permission or card is the responsibility of the Client. Any costs, penalties or fines are solely at the responsibility of the Client and payable by the Client. Any use of payable parking spots will be at the costs of the Client. In case if the Client ends his trip in a payable parking area which is not covered by any parking permission provided by Khudcar, the Client will be charged all costs caused through parking at the spot as charged by the Owner/Management of the referring parking spot with an additional Khudcar administration and service fee as per the Khudcar Fees Schedule. Any other charges that will apply until the time the car was discovered and removed by the Khudcar Team, as per the availability and discretion of Khudcar, is the liability of the Client and payable by the Client.

Any imposed fines and fees paid by Khudcar to any authorities or third parties are to be paid to Khudcar, regardless if paid already or outstanding to be paid by Khudcar. Any appeals or reclamations are to be done after the payment.

Additional Khudcar penalty charges might/will be imposed from Khudcar in the event of Khudcar relocating vehicle. Penalty charge can be imposed on customers from Khudcar even if no fines issued from authorities for smooth operations as per Khudcar Fees and penalties.

The Client shall only park / return the car as mentioned above at an uncovered parking, which has no wall, ceiling, roof, tent or any other cover above it. Not complying with this will lead to relocation and other fees and penalties as per the Khudcar Fees/Penalty Schedule.

Parking in multilevel parking is not allowed, mall parking’s, basement, closed communities are not allowed.

Intercity parking

Khudcar’s Intercity service allows users to drive to and from Pakistan, Lahore and Ajman. An Intercity service fee will be charged in addition to the normal trip charges.

Pakistan to Lahore

AbuDhabi fleet ending the trip in Lahore/Karachi need to ensure your Khudcar is parked in free parking in one of our stations in Lahore/Karachi (Please make sure that you end your trip in a designated Khudcar station. Failure to do so may result in a fine/ and or penalty.) Customer will need to call us on our toll-free number to end the reservation for intercity usage.

2. Lahore/Karachi to Pakistan

Lahore/Karachi fleet ending the trip in Pakistan need to ensure your Khudcar is parked in free parking/Mawaqif parking as per section 4.3. Failure to do so may result in a fine/ and or penalty.)

COMMENCING A TRIP

5.1. Vehicle Reservation

A Khudcar Vehicle may be reserved by a Client through a Khudcar smartphone application or other authorized mobile applications or otherwise as specified by Khudcar from time to time.

If you do take the trip for that reservation, there will be no charge for that reservation. Each reservation has a max 15-minute window to reach the vehicle and start the trip. Multiple reservations are strictly not allowed and chargeable as per pricing list.

5.2. Use Without Reservation

The Client may request the use of any Khudcar Vehicle without prior reservation provided such Khudcar Vehicle is marked ‘available’ by such method specified by Khudcar from time to time.

5.3. Inspection for Damage

Before operating a Khudcar Vehicle, the Client must inspect the interior and exterior of the Khudcar Vehicle for any visible defects, damages, or excessive soiling, and must immediately notify Khudcar of any observed defects, damages, or problems to or with the vehicle itself or with any installed technology. If any defects, damages, or excessive soiling are discovered prior to starting the trip, the Client must, at the Client’s expense, contact the Khudcar Customer Service at 800-Khudcar and/or [email protected] and accurately and truthfully inform the Khudcar Customer Service of the nature of the discovered defects, damages, or excessive soiling.

The Khudcar Customer Service is entitled to prohibit the Client from using the Khudcar Vehicle in its sole discretion. A Client’s failure to report any deficiency prior to using a Khudcar Vehicle may result in that Client being held responsible for the repair, cleaning, or other costs related to the Khudcar Vehicle.

5.4. Inoperable Khudcar Vehicles

If the Client’s reported observations result in the Khudcar Vehicle being deemed inoperable, the Client may be assigned a different Khudcar Vehicle within a reasonable distance in Khudcar’s discretion and depending on availability.

5.5. Vehicle Cleanliness

Khudcar depends on its Clients to ensure Khudcar Vehicles are returned in a clean state and that all items of personal property belonging to the Client are removed. Khudcar makes no representations or warranties as to the cleanliness of any Khudcar Vehicles and the Client accepts use of a Khudcar Vehicle on an ‘as is, where is’ basis.

5.6. Vehicle Activation

In its sole discretion, Khudcar may allow activation of a Khudcar Vehicle and commencement of a Trip Period through an authorized smartphone application or through such other manners as may be determined by Khudcar from time to time. Upon proper activation, the Khudcar Vehicle will automatically be unlocked for use by the Client (‘Vehicle Activation’).

5.7. Commencement of Fees

A Client will be charged for use of the Khudcar Vehicle commencing upon Vehicle Activation. Fees shall accrue even if the Khudcar Vehicle is used in breach of this Agreement, including by a person other than the Client. Fees are also applicable if the car is not driven or used.

5.8. Area of Operation

The Client can use Khudcar vehicle within the PK but end & return the vehicle only in the same Business Zone from where trip started. If the Client causes or allows a Khudcar Vehicle to travel outside the Business Zone, the Client will be personally responsible for costs associated with returning the vehicle to the Zone, including, but not limited to, costs associated with vehicle repair, motor-vehicle accidents or collisions, and towing services. The Client responsible for such vehicle will continue to incur charges until the vehicle is returned to The Zone. None of the Khudcar vehicles are allowed to be moved or driven outside the PK.

ENDING A TRIP

6.1. Vehicle Deactivation

The end of the trip is initiated by the Client by smartphone application or in such other manner as may be determined by Khudcar from time to time. The trip is ended only if the Khudcar mobile application has correspondingly confirmed the Vehicle Deactivation indicating the Khudcar Vehicle is now `available for all Clients.

It is the Client’s responsibility to confirm Vehicle Deactivation. In the event the Client fails to initiate the Vehicle Deactivation the Trip Period shall continue and the Client shall be responsible for all continued fees incurred in relation to the ongoing Trip Period (‘Vehicle Deactivation’).

6.2. Obligations on Ending a Trip Period

When the Client wishes to end a trip, the Client shall:
– park the vehicle in accordance with the Parking Rules and at allowed locations mentioned in this agreement;
– Ensure that the Key along with the Key Fob/Key Chip has been returned in the Vehicle
– Ensure that all windows doors and trunks are fully closed and that all internal and external lights have been turned off;
– Remove all trash from and clean any soiling in the vehicle.
– Make sure that car fuel should be at least 15% or more when ending the trip.

6.3. Maximum Duration of Use

A Daily rental Khudcar Vehicle may not be used by a Client for more than two (02) consecutive unless otherwise allowed by Khudcar, and a per minute Lahore Khudcar vehicle may not be used by a client for more than 24 hours. If a Trip Period exceeds the above-mentioned time, the clients’s account will be blocked by Khudcar and the car will be immobilized by Khudcar. Until the vehicle is returned to the business Zone and the trip is ended, the Client will continue to incur fees and/or penalties as specified in the Fees. If payment is not made or is rejected or otherwise unauthorized, Khudcar retains the right to repossess the Khudcar Vehicle from its then-current location and, to the extent permitted by law, the Client will assume all associated costs, including key replacement, if the Khudcar Vehicle key is not promptly returned.

6.4. Return to the Zone

The trip may be ended only if the Khudcar Vehicle is located within The Zone and in accordance with the Parking Rules. The exact boundaries are usually within the cities of the Khudcar vehicles’ in the current operating city. Further information shall be obtained from the Khudcar Mobile Application or the Khudcar Customer Service. The Trip Period may be ended only if the Khudcar Vehicle is able to establish a connection with a cellular network or such other method designated by Khudcar from time to time. If the Khudcar Vehicle cannot establish a cellular network connection but the Client is able to call the Khudcar Customer Service, Khudcar may end the trip remotely and provide confirmation and exit instructions to the Client. In such an event, Khudcar may require the Client to move the Khudcar Vehicle to another location permitted by the Parking Rules of this Agreement. Failure to return the vehicle in accordance with this Agreement may result in liability or possible sanctions as per this Agreement.

FEES, PAYMENTS, AND BILLING

7.1. Fees

The Fees for using a Khudcar Vehicle and related services are set out in the Fees, as amended from time to time. The Client agrees to pay all amounts when due. All fees for using a Khudcar Vehicle begin to accrue upon the commencement of the Trip Period and are payable in full at the end of the Trip Period.

7.2. Invoicing

Upon ending the trip, the client shall be receiving a trip summary via email, and a copy of the Invoice shall be added to the Client’s Account. The Client acknowledges receipt of notice of all Fees upon the issue of an Invoice. If applicable, Toll / Salik charges, fines and any other costs will be added as per the Client’s usage/cause separately as when they are received by Khudcar from the concerned authorities whenever communicated. Additional Admin fees may be charged on the toll gate fees, fines as per the fees structure.

7.3. Payments

Payments shall be made by Visa Card, MasterCard, or such other method as Khudcar may authorize in its sole discretion from time to time. The Client hereby authorizes Khudcar, including its employees, agents, or any assignees, to charge the Client using the payment information supplied by the Client to Khudcar’s appointed payment partner.

Such payment method provided by the Client shall have sufficient funds available to cover all Fees incurred by the Client. The Client is solely responsible for any associated credit / debit card charges or fees. The Client hereby authorizes Khudcar to reserve credit, with or without an authorization from, through the Client’s payment card issuer within 24 hours of the commencement of a Trip Period. In the event a payment card charge is declined by the Client’s payment card issuer (either for advanced authorization or incurred charges), Khudcar may suspend or terminate the use of Khudcar Vehicles by the Client.

Prepaid Gift Cards are not accepted from Khudcar as a form of payment, at this time.

7.4. Billing History

Trip Period history, Invoices, and payment history may be accessed by the Client on the Client’s Account Page inside the mobile application.

7.5. Refunds or Appeals

Any request for refund or for alteration of fees ,fines, penalties ,invoices or appeals must be communicated to Khudcar within 7 days in written by email ofthe date the Invoice. Refunds and appeals are subject to review and approval in Khudcar’s sole discretion.

Any objections or appeals after this period will not be considered and the Client acknowledges the same. The Client shall at no time reverse a transaction through its Credit Card company or bank if Khudcar has not agreed to the same. Any charges caused or occurring from such an action can be claimed by Khudcar from the Client.

Khudcar credits received on the Khudcar account wallet can be adjusted only against usage charges and cannot be deducted against Salik/toll gate charged, Fines, and Penalties or Fees.
Khudcar credits cannot be refunded or exchanged as cash.
Khudcar credits may have an expiration date associated with it.
Khudcar credits cannot be transferred to any other account.
Khudcar retains the right to refund the customer through Khudcar credits or cash.

7.6. Current Payment Information

The Client is responsible for providing and keeping current credit card information updated with Khudcar. Failure to do so may result in Khudcar’s termination or deactivation of the account.

7.7. Collections

Khudcar may utilize third parties to collect amounts owed to Khudcar by the Client. The Client will also be responsible for any collection or similar fees associated with these collection activities.

COLLISIONS, DAMAGE, AND TRAFFIC VIOLATIONS

8.1. Uninsured Damage

The Client is solely responsible for all uninsured damage to a Khudcar Vehicle (including major soiling) incurred during the Trip Period and is responsible for the full costs of any uninsured damages or injuries caused to third parties or to their property including:
– the repair costs (estimated or actual for the Khudcar Vehicle and third party property);
– injuries to third parties;
– cost associated with the recovery or transportation of any Khudcar Vehicles;
– and the loss of use of any Khudcar Vehicles or third party property.

8.2. Damage Fees

Provided that the Client has complied with this Agreement, including the Terms of Use, the Client’s responsibility for insured damages shall be those amounts described in the Khudcar Fees Schedule. Clients shall be responsible for the full amount of such damage Fees for actual, estimated, or projected costs whether or not an actual claim is made or processed. Khudcar reserves the right to charge damage according to its own judgment.

8.3. Loss of Insurance Coverage

In the event that any loss or damage occurs during a Trip Period and insurance coverage is lost or otherwise does not apply due to the actions or conduct of the Client, then the Client is responsible for the full cost of any such loss or damage.

8.4. Presumption

Where damage to a Khudcar Vehicle is reported or otherwise recorded by Khudcar, the last person (meaning other Clients) to use the Khudcar Vehicle shall be presumed to have caused and shall be liable to Khudcar for the damage absent evidence to the contrary, as may be determined by Khudcar in its sole discretion. The Client agrees that, in the event that damage is reported by a person using a Khudcar Vehicle after the Client, the Client is responsible for such reported damage.

8.5. Loss of Property

The Client is solely responsible if the Client loses any of the Khudcar Vehicle’s assigned property including a car key, or car documents. In the event that any Khudcar Vehicle’s assigned property is lost or otherwise not in the Khudcar Vehicle at the end of a Trip Period the Client shall pay the full amount for such property as determined by Khudcar from time to time and pursuant to the damages portion of the Fees. Khudcar will not take the responsibility or liability of any lost personal properties or items of the Client.

8.6. Report of Damage

The Client shall promptly report to Khudcar all collisions, accidents, defects, or damage to the vehicle resulting from force or accident in the manner specified in this Agreement, together with a report to police as required.

The Client shall upload damages before & after reservation either on the mobile app, live chat through website or through emails only, Failure to do so might lead to incurring additional damage charges on the Client.

8.7. Police Reports

If the police attend to the scene of a collision involving a Khudcar Vehicle, the Client must remain at the site until authorized to leave by Police. If the Police do not attend at the collision site, the Client must report the collision to the nearest collision reporting center or Police Station. The Client shall complete an incident report form in the event of a collision, accident, injury, or other incident and provide a copy to Khudcar within 5 business days of the date accident. It is the responsibility of the Client to ensure that the report is accurate and provided to Khudcar for any further use. Any change, update or revision on the police report should be done and submitted within 5 business days. If not provided within the mentioned time frame, the Client may be held for the partial or full damage and any other additional costs caused due to the non-submission of the police report.

8.8. Entitlement to Compensation

To the extent permitted by applicable law, in all cases, Khudcar is entitled to any and all compensation or monies paid in connection with damages to a Khudcar Vehicle. In the event the Client receives any such monies, the Client agrees to hold such monies in trust on behalf of Khudcar and agrees to promptly make payment of such monies to Khudcar.

Loss of eligibility or use of a vehicle in violation of this Agreement including the Terms of Use may automatically disqualify the client from insurance coverage provided by Khudcar’s Insurer and make the Client liable to pay for the full damage and any other additional costs caused.

8.9. Coverage

Khudcar provides Comprehensive insurance coverage for all of it cars which includes the full insurance of the car as well as basic coverage for the driver and passengers.

8.10. Client Deductible Obligations / Excess Amount

The Client will be responsible for a deductible / excess fee as per the Khudcar Fees Schedule in the event of any claim in connection with the Client is made under Khudcar’s insurance policy. This is payable by the customer in case of any damages, accidents, losses with no police report or if the Police issues a white (Unknown) or red (at faulty) accident report.

Any imposed fines, penalties and fees paid by Khudcar to any authorities or third parties are to be paid to Khudcar, regardless if paid already or outstanding to be paid by Khudcar. Any appeals or reclamations are to be done after the payment.

8.11. Damages and Client Responsibility

The Client shall be responsible to Khudcar for any and all theft of, damages to, or the loss of and loss of use, a Khudcar Vehicle or other Khudcar property that occurs during a Client’s Trip Period. In all cases, where Khudcar’s insurance policy does not cover a claim or a claim is in excess of the coverage provided by Khudcar’s insurance policy, the Client is liable for the entire amount of such claim, including the cost of replacement or repair of any involved vehicle and for any and all claims of any kind made by third parties.

Khudcar will not share Internal invoices/receipts or proof of payments related to its operations of the fleet or with the customer under any circumstances.

LIABILITY

9.1. Limitation of Khudcar's Liability

Notwithstanding anything to the contrary expressed or implied in this Agreement, Khudcar shall not be liable to the Client for any general, indirect, or consequential damages or any economic losses of any kind, regardless of whether the liability to which such damages relate arises in contract, tort, or otherwise in law, for any injury, loss, or damage sustained by the Client (including its affiliates, subsidiaries, associated companies, successors, and assigns and each of their respective officers, directors, agents, and employees) arising from this Agreement or the Client’s use of a Khudcar Vehicle.

INDEMNITY

10.1. Client's Indemnity of Khudcar

The Client shall indemnify and hold harmless Khudcar (including its affiliates, subsidiaries, associated companies, successors, and assigns and each of their respective officers, directors, agents, and employees severally and collectively) from any and all losses, claims, demands, liabilities, damages, pleadings, fines, penalties, judgments, and expenses (including, without limitation, legal expenses on a solicitor and his own client basis), suffered or incurred by or brought against any or all of them, including by third parties, by reason of any act or omission of Khudcar or its officers, directors, agents, employees, or subcontractors in relation to this Agreement or the Client’s use of Khudcar Vehicles.

INTERPRETATION AND GENERAL TERMS

11.1. Interpretation

In this Agreement, except as otherwise provided, or unless the context otherwise requires:
– the subdivisions in this Agreement are called, in descending order, “sections,” “subsections,” “paragraphs,” “subparagraphs,” “clauses,” and “sub clauses”;
– the words “herein” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision hereof;
– headings inserted in this Agreement are for convenience only and are not intended to interpret, define, or limit the scope, extent, or intent of this Agreement or any provision hereof;
– words like “including,” “specifically,” or “particularly,” or words of similar import when following any general statement, term, or matter, shall not be construed to limit such general statement, term, or matter to the specific items or matters following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation” or other words of similar import) is used with reference thereto but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement, term or matter;
– any reference to a statute includes amendments thereto, regulations made pursuant thereto, and to any statute or regulation that supplements, supersedes, or replaces same; and
words importing one gender include all other genders, words in the singular include the plural, and words importing individuals shall include firms & corporations, and, in each case vice versa.

11.2. Severability

Any term, condition or provision of this Agreement, which is deemed to be void, prohibited or unenforceable shall be severable here from without in any way invalidating the remaining terms, conditions and provisions hereof.

11.3. Enforcement of Remedies

Any remedy which may be available to a party by virtue of any provision contained in this Agreement and as a consequence of the default of another party shall be in addition to and not by way of substitution for any statutory, common law, or equitable remedy which may also be available and all such remedies may be enforced either successively or concurrently.

11.4. Non-Waiver

Neither the granting of any time or other indulgence to any party hereto nor the failure of any party to insist upon the strict performance of any covenant, term, or condition of this Agreement or to enforce its rights hereunder shall be construed as a waiver of its rights or remedies hereunder and the same shall continue in full force and effect.

11.5. Further Assurances:

The Client will promptly and duly execute and deliver to Khudcar such further documents and assurances and take such further action as Khudcar may from time-to-time reasonably request in order to more effectively carry out the intent and purpose of this Agreement and to establish and protect the rights and remedies created or intended to be created hereby.
Khudcar might send to the Client a summarized car rental agreement which he/she must carry during any trip with the Khudcar vehicles and present upon demand of a law enforcement officer. If a copy is not provided, the client might use this agreement.

11.6. Notices:

Any notice or other communication required or permitted to be given by Khudcar to the Client under the terms of this Agreement shall be sufficiently given to the Client by any one of the following means:

– by a posting on Khudcar’s Website;
– by a posting in Khudcar Vehicles;
– by regular mail to the mailing address the Client maintains with Khudcar;
– by email to the email address the Client maintains with Khudcar; or
– by telephone to the telephone number the Client maintains with Khudcar.

Any notice or other communication required or permitted to be given by a Client to Khudcar under the terms of this Agreement shall be sufficient given to Khudcar by any one of the following means:
by regular mail to: 65 Commercial Lahore Pakistan
by email to: [email protected]. Every such notice or communication shall be deemed to have been received and given at the time when, in the ordinary course of transmission, it would have been delivered or received at the address to which it was sent.

11.7. Governing Law

This Agreement shall be construed and enforced in accordance with, and the rights of the parties hereto shall be governed by, the laws of United Arab Emirates. Each of the Parties hereby irrevocably submit themselves to the jurisdiction of the courts in PK.

11.8. Entire Agreement

This Agreement and the Application constitute the entire agreement between the parties and there are no statements, representations, warranties, undertakings, or agreements, written or oral, express or implied, between the parties hereto except as herein set forth.

11.9. Binding Agreement

The terms of this Agreement are contractual and not a mere recital.

11.10. Inurement

This Agreement and everything herein contained shall inure to the benefit of and be binding upon the parties together with their personal representatives, successors, and permitted assigns.

11.11. Joint and Several

Representations, warranties, covenants, or obligations, when of more than one Person, shall be deemed to be given by each such Person on a joint and several basis.

11.12. Assignment

This Agreement is personal to the Client and the Client may not assign this Agreement or any of its rights or obligations hereunder.

11.13. Currency

All dirham amounts appearing in this Agreement are in PK Dirhams unless otherwise stated.

Khudcar TERMS OF USE

OBLIGATIONS

The Client shall:

– Handle Khudcar vehicles gently and with care, and adhere to applicable maximum and minimum speeds, as local speed limits and follow PK traffic rules and regulations.
– At the Client’s sole expense, immediately inform the Traffic Police of any instances of collision, or damage to the vehicle resulting from force or accident, followed by informing Khudcar. Khudcar Customer Service Center.
– At the request of Khudcar, the Client must transmit to Khudcar a copy of traffic report or other documents related to the accident and in the Client’s possession.
– Secure the vehicle against theft (windows must be closed and central locking system enabled).
– Ensure that the vehicle is used only in a condition in which it is roadworthy and reliable.
– Drive in a manner that promotes vehicle fuel economy.

– Refuel the car only at the Petrol Stations of:

For Lahore Fleet: ENOC/EPPCO Gas station

For Lahore/Karachi Fleet: ADNOC Gas station

For Pakistan Fleet: ADNOC Gas station

– Bare the cost of refueling the car if it is outside the operating city.

-Not make any payments for fuel or anything else on behalf of Khudcar, except if it confirmed in written or verbally by a Khudcar Customer Service Representative. Client shall retain a copy of the fuel receipt and send it to

– Comply with all laws applicable to operation of the vehicle.

– Park the vehicle in accordance with the Parking Rules in the designated unlimited free and absolutely uncovered (no ceiling, wall, roof, tent or any other cover above the car) parking spaces in the business area assigned; or at any spaces for which Khudcar has made a permission available at its own discretion again with no cover above the car

Client shall pay any fees or expenses:
– For any damages and costs resulting from the loss or theft of the foregoing items.

-For disputing a government or regulatory authority issued fine in advance.

– Notify Khudcar of any tickets and/or warnings for traffic or driving offenses received while operating a vehicle or during the trip, including parking tickets. Regardless if Khudcar is informed of any tickets or warnings for traffic or driving offenses, the Client agrees to bear all costs, fines and administration charges caused.

– Keep any passwords, PINs, or other similar types of access codes in strict confidence and not make passwords, PINs, or other similar types of access codes available to third parties, including noting passwords, PINs, At no time should a password, PIN, or other similar type of access code be recorded in written or electronic form. Client must pay for any associated costs and/or damages arising from unauthorized use by third parties. If a Client has reason to believe a third party may have obtained unauthorized knowledge of a password, PIN, or other similar access code, the Client must change the compromised password, PIN, or other similar access code or inform Khudcar immediately.

– Provide and maintain current email, mobile phone, home address, mailing address, and other account information.

– At Khudcar’s request, provide the precise location of any Khudcar Vehicle being used by the Client.

– At Khudcar’s request, allow the inspection of any Khudcar Vehicle by Khudcar or any third party.

PROHIBITED CONDUCT

The Client shall NOT:

– Use the vehicle while under the influence of alcohol, drugs, or medication that could adversely impact his/her ability to drive; drinking alcohol and driving is strictly prohibited (for alcohol as well as drugs, whether legally prohibited, prescribed or otherwise). We have a zero-tolerance policy.
– Allow third parties to drive a vehicle (including individuals who are themselves Clients, but who did not initiate the current trip).

– Give, lend, or provide a method of access to any third party who may then drive a vehicle.
– Drive the vehicle off paved roadways or in motor sports events or races of any kind.
– Engage in any distracting activity prohibited by applicable laws, rules, or regulations and/or use any hand-held electronic device while operating the vehicle.
– Use the vehicle for vehicle tests, driving classes, or to transport individuals as part of a commercial business.

-Verbal, physical, racist abuse and behavior against any Khudcar employees through any communication channel will not be tolerated & can lead to termination of the contract & legal proceedings.

– Use the vehicle to transport flammable, poisonous, or otherwise dangerous goods for other than household use and in amounts greater than what is usually consumed in a household.
– Transport objects with the vehicle that could—due to their size, shape or weight—adversely impact the vehicle’s handling safety or damage the interior of the vehicle.
– Use the vehicle in the commission of a crime.
– Smoke or use tobacco products in the vehicle or allow passengers to smoke or use tobacco products in the vehicle.
– With the exception of a guide animal accompanying a client or passenger with a disability or a pet of a Client (which guide animal or pet must be stored in an airline-approved animal carrier), take animals into the vehicle.
– Excessively soil the vehicle or leave trash of any kind in the vehicle.
– Remove objects that are attached to the vehicle or form part of the vehicle’s equipment.
– Drive with more passengers than there are passenger seat belts in the vehicle or legally allowed.
– Personally, perform or authorize repairs or any conversions on or to the vehicle.
– Use the vehicle in an imprudent, negligent, or abusive manner, or in any other manner deemed inappropriate by Khudcar, in its sole discretion.
– Use the vehicle to propel or tow any vehicle, trailer, or other object.
– Use the vehicle to carry persons or property for hire.
– Any costs, fines, damages or otherwise caused expenses through not adhering the points mentioned above will be charged to the account of the Client and payable with immediate effect through the committed payment channels.

FEES

Fees, fines and penalties details can be found on the Khudcar website.

Fees will be implemented on invoices as per Khudcar discretion.

PRIVACY POLICY

This privacy policy governs your use of the software application U Drive / Khudcar / Khudcar / Khudcar PK (“Application”) for mobile devices that was created by U Drive Rent a Car LLC. The Application is a car sharing app that enables users to locate, open and close a car and use all other services offered by Khudcar.

User Provided Information

The Application obtains the information you provide when you download and register the Application. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the Application unless you register with us.

When you register with us and use the Application, you generally provide (a) your name, email address, age, user name, password and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) credit card information for purchase and use of the Application, and; (e) information you enter into our system when using the Application, such as contact information and project management information.

Automatically Collected Information

In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

When you visit the mobile application, we may use GPS technology (or other similar technology) to determine your current location to show you a location map with relevant information as per our services offered. We may share your current location with other users or partners.

If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application. This might limit and affect the functionality of the App and our service.

We will share your information with third parties only in the ways that are described in this privacy statement.

We may disclose User Provided and Automatically Collected Information:

– as required by law, such as to comply with a subpoena, or similar legal process;

– when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;

– with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.

– if Khudcar is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

Data Retention Policy, Managing Your Information

We will retain User-Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at [email protected] and we will respond in a reasonable time. Please note that some or all of the User-Provided Data may be required in order for the Application to function properly.

Children

We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at [email protected]. We will delete such information from our files within a reasonable time.

Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy on www.khudcar.com. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.

Your Consent

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing,” means using cookies on a computer/handheld device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United Arab Emirates and/or Germany.

Contact us

Address: 65 Commercial cavalry ground

If you have any questions regarding privacy while using the Application, or have questions about our practices, please call us on 800-Khudcar or mail us at [email protected]