Terms & Conditions

These Terms of Service ("Terms") of the website located at the URL https://www.happywheelshub.com/, on mobile sites or mobile application and the other associated/ancillary applications, products, websites and services and all other variations of the same and as mobile applications available on the Google Play Store/Apple App Store as "Happy Wheels -- Wheelchair Rentals" (collectively referred to as "Platform") is between HAPPY WHEELS (referred as "Company" or "we" or "us" or "our"), a office situated at No. 103/25, Narayanasamy ponnammal complex, Dr. Ambedkar Street, Thiruvannamalai, Tamilnadu, India, 606601, and the registered Users, defined to include any person who registers himself/herself/itself on the Platform and holds an Account on the Platform (referred as "you" or "your" or "User") describe the terms on which Company offers Services.

These Terms are a contract between you and Company. These Terms of Services shall be read together with the Privacy Policy available at https://www.happywheelshub.com/privacy-policy or other terms and condition with all other notices, disclaimers, guidelines appearing on the Platform from time to time (collectively referred to as "Terms and Conditions") constitute the entire agreement upon which you are allowed to access and use the Platform and avail the Services.

For sake of clarification:

• You and Company shall hereinafter be individually referred to as a "Party" and collectively as the "Parties"
• The term "Person" shall mean any natural person, firm, company, governmental authority, joint venture, association, partnership, limited liability partnership, society or other entity (whether or not having separate legal personality)
• In the event that the User is not a natural person, it shall be the User's explicit responsibility and liability to ensure that its authorized riders, representatives, or agents comply with these Terms and Conditions

1. CLICK TO ACCEPT

Before using certain areas of the Platform, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept", "I Agree", "Okay", "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Terms and Conditions. Any consent so provided by you will be deemed to be valid consent under all applicable laws.

2. UPDATION OF TERMS AND CONDITIONS

Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified, or revised by us from time to time. To ensure that you are aware of any additions, revisions, amendments, or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time. The updated Terms and Conditions shall be effective immediately and shall supersede these.

3. PLATFORM SERVICES

These Terms and Conditions governs your access to the Platform and such other services which include but are not limited to the rental booking, subscription, and use of various electric wheelchair, baby stroller and similar modes of transportation, along with associated features, content, and functionality provided by our Platform ("Services").

Company reserves the right to update the Platform and /or Services, in order to, inter alia, introduce new features or Services, enhance existing features or Services, improve user experience and performance.

4. ELIGIBILITY AND ACCOUNT REGISTRATION

You must register an account on the Platform (an "Account"). When you register on the Platform and set up your Account, you must: (i) provide accurate and complete information; (ii) promptly update your Account information with any new information that may affect the operation of your Account; (iii) authorize Company to make any inquiries we consider necessary or appropriate to verify your Account information.

Documents required for using the Services:

For Domestic Users:

• Driving License: Original Indian Driving license is required and a learner license is not applicable.
• Aadhaar Card: Original Aadhaar is required, and if your mobile number indicated in Aadhaar is not as your registered number then upload an additional document (Passport). Passport will also be considered as a valid ID and address proof instead of Aadhaar.

For International Users:

• Driving License: A valid driving license from their home country along with an international driving permit is necessary.
• Valid visa and Passport.

Additionally, the User should carry their original documents at the time of the pickup which were uploaded on the Platform for verification.

You are responsible for safeguarding and maintaining the confidentiality of your Account information. You agree not to disclose your Account information to any third party and that you are entirely and solely responsible for any and all activities or actions that occur pursuant to the use of your Account on the Platform.

5. PLATFORM LICENSE

Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any content of Platform solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any content, to which you are permitted access solely for your use. You have no right to sublicense the license rights granted herein.

6. ADDITIONAL TERMS AND CONDITIONS FOR USERS USING VARIOUS SERVICES OFFERED BY THE COMPANY

A. Short Term Rental Booking Model:

1. Rental Booking Model: You shall be obligated to remit the booking amount exclusively via online channels, specifically through our Platform. To gain access to the Services provided by the Company, you must effectuate payment in accordance with the stipulated amount as determined by the Company and displayed on the Platform.

2. Extension Payment: In the event that the User necessitates an extension of the rental duration, the User shall be held responsible for the settlement of any and all additional sums payable for the extended rental.

3. Invoice: The User shall make the payment to the Company in advance as per the invoice. The Company will raise the invoice on the User for the Services.

4. Multiple Payment Options: The User acknowledges that multiple payment options such as debit/credit card, net banking, Unified Payments Interface (UPI) etc are made available at the time of making a transaction.

5. Payment Gateway and Regulatory Charges: All charges incurred through the payment gateway and other associated transactional costs shall be subjected to the regulatory frameworks and directives as mandated by competent governmental authorities.

6. Right to Amend: The Company reserves the right to amend the pricing, pricing bands or structure in any transaction that falls within the purview of these Terms and Conditions from time to time.

7. Refunds and Cancellation: Any security deposit collected will be refunded to the User.

• Booking related:
  • No show - 100% deduction
  • Between 0 - 6 hrs of the pick up time - 75% rental charges will be withheld
  • Between 6-24 hrs of the pick up time: 50% rental charges will be withheld
  • Between 24-72 hrs of the pick up time: 25% rental charges will be withheld
  • 72 hrs or more prior to the pick up time: 10% rental charges will be withheld
• Cancellation due to document issue: 25% of the rental amount will be deducted if User is not willing to submit the document as per the Terms and Conditions, User is not able to verify his/her identity, User has submitted the documents but not present physically at the location, or User's documents are not valid.
• Timeline: Any refund processed by the Company usually takes 3 (three) to 7 (seven) working days.
• Early Drop-off Refunds: No refunds will be issued in cases of early drop-offs.

8. Deposit: For select vehicles, the Company may require the User to provide a refundable security deposit as a condition of rental. The refund of the security deposit shall be initiated by the Company within a reasonable time frame, typically ranging from 3 (three) to 7 (seven) working days.

9. Delayed Return: For vehicles returned subsequent to the designated grace period of 30 (thirty) minutes, the User shall pay a 5 hrs charge of tariff amount and after 5 hrs, the User shall pay full-day rent.

10. Maintenance: The Company will not be liable for punctures and cleanliness of the vehicle during the rental period. In the event of encountering any mechanical failures during the course of the rental period, it shall be incumbent upon the User to immediately apprise the Company of the same.

Doorstep Delivery Process: The Company will coordinate with the User to schedule the vehicle's delivery. The User must be present at the agreed date and time, at the designated location for vehicle receipt. If at the time of the scheduled delivery, the User is unavailable or refuses to take the delivery of the vehicle, they will be charged a stipulated fee of INR 200/- (Indian Rupees Two Hundred Only) for rescheduling.

Doorstep Pickup Process: Pickup details will be mutually decided, with the drop-off location matching the pickup location. Should the User fails to return the vehicle at the scheduled date and time, rescheduling will be charged at INR 500/- (Indian Rupees Five Hundred Only) per attempt.

7. VOUCHERS AND COUPONS

The Company or its affiliated third parties, at their sole discretion, may issue coupons or vouchers, each with distinct terms and functionalities. Coupons represent specified discounts or cashback values applicable to purchases on our Platform. Vouchers are specifically issued by the Company at its sole discretion in the event of booking cancellations.

8. RULES AND CODE OF CONDUCT

You shall not use the Platform for any purpose that is prohibited by the Terms or other rules or policies implemented by us from time to time. You shall comply with all applicable local, provincial laws, and regulations in connection with your availing of the Services.

9. USE OF YOUR INFORMATION

You may provide only information that you own or have the right to use. We may only use the information you provide as permitted by our Privacy Policy and applicable law. Please closely review our Privacy Policy for more information regarding how we use and disclose your personal information.

10. LIABILITY FOR VEHICLE DAMAGE

The User acknowledges and undertakes the responsibility to bear all costs for any damage to, loss of, or theft (disappearance) of vehicle parts, irrespective of causation or fault. Items rendered irreparable shall be compensated at their prevailing market price.

Theft Liability:

• The "onus of ownership" during the rental period remains squarely upon the User.
• In the circumstance of the vehicle's theft or disappearance during the rental period, it shall be incumbent upon the User to promptly initiate the filing of a First Information Report ("FIR") at the nearest police station.
• Refusal to comply with the vehicle recovery process may precipitate the initiation of legal proceedings against the User.

11-33. ADDITIONAL TERMS

This document also covers: Declarations and Warranties, Third Party Sites, Interactive Sessions, Intellectual Property, Confidentiality, Rights and Obligations, Suspension and Termination, Alerts, Contact Permissions, Disclaimers, Indemnity and Release, Limitation of Liability, Exemptions, Updates, Severability and Waiver, Force Majeure, Relationship Between Parties, Non-Assignment, Governing Law and Jurisdiction, Entire Agreement, Grievance Redressal Officer, Support Services, and Contact Information.

If you have any questions regarding the Services or usage of the Platform, please contact the Company at support@happywheelshub.com