TERMS OF SERVICE AND USER AGREEMENT
Last Updated: August 31, 2026 • Version: 1.0 (Official P2P Marketplace Terms)
1. DECLARATION OF INTERMEDIARY STATUS AND SAFE HARBOUR IMMUNITY
1.1 Scope of Platform Services
Users explicitly acknowledge, accept, and agree that Go My Cars is not a car rental company, transport service provider, fleet operator, or bailee. Go My Cars operates strictly as a technology-enabled peer-to-peer (P2P) marketplace facilitator. The platform's sole utility is providing a digital match-making ecosystem where independent Hosts can offer their personal vehicles to verified Guests for self-drive use.
1.2 Statutory Safe Harbour Protection under Section 79 of the IT Act, 2000
As a marketplace facilitator, the Company acts strictly as an "Intermediary" as defined under Section 2(1)(w) of the Information Technology Act, 2000 (as amended from time to time). Consequently:
- Exclusion of Liability: Pursuant to Section 79 of the Information Technology Act, 2000, the Company enjoys total statutory "Safe Harbour" immunity. The Company shall not be held liable, accountable, or responsible for any third-party user-generated data, listing details, vehicle descriptions, communications, or actions uploaded, transmitted, or executed on the Go My Cars platform.
- No Active Control: The Company does not initiate transmissions, select the receivers of transmissions, or modify, curate, or alter the information contained in any peer-to-peer transaction.
- Due Diligence Compliance: The Company observes statutory due diligence framework requirements under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Upon receiving actual knowledge or a formal notice from an authorized government agency regarding any illegal listing, data, or activity on the platform, the Company will act expeditiously to remove or disable access to that specific material.
2. INDEPENDENT CONTRACTUAL ARCHITECTURE
2.1 The Two-Tier Contract Model
By using this platform, Users enter into a multi-tiered contractual architecture:
- The Platform Agreement: This Agreement governs the relationship between the User and Go My Cars regarding application access, tech facilitation, marketplace booking algorithms, and facilitation fees.
- The P2P Lease Agreement: The moment a booking is digitally confirmed by a Guest and accepted by a Host on the application, a separate, direct, independent short-term Bailment and Lease Agreement is programmatically generated exclusively between that specific Host and Guest.
2.2 Absence of Corporate Privity
The Company is not a party, joint venturer, partner, agent, insurer, or guarantor to the P2P Lease Agreement. There is no privity of contract between the Company and the Users regarding the actual physical handling, quality, safety, mechanical soundness, performance, or legality of the underlying vehicle.
3. STATUTORY AND REGULATORY COMPLIANCE HOUSING
3.1 Motor Vehicles Act Compliance
The Host bears sole, absolute, and uncompromised responsibility for ensuring that the vehicle listed complies with all central and state legislations, including the Motor Vehicles Act, 1988, and the Gujarat Motor Vehicles Rules.
- The White-Plate (Private Registration) Risk: Hosts acknowledge that listing a private registration vehicle (white plate) for self-drive peer-to-peer sharing operates under strict localized transport regulations.
- Absolute Host Indemnity: The Host explicitly agrees that any enforcement action, fine, structural penalty, compound fee, vehicle seizure, or impoundment executed by the Ahmedabad Regional Transport Office (RTO), Gujarat Traffic Police, or any other statutory authority due to unauthorized commercial use or permit violations shall be the personal financial and legal liability of the Host. The Company shall remain completely indemnified from the same.
3.2 Verification Disclaimers
While Go My Cars deploys technological verification engines to parse identity metrics (such as Aadhaar, PAN, and Driving Licenses via automated API infrastructure), such checks are performed purely to increase marketplace security. The Company does not guarantee the psychological fitness, driving competence, absolute veracity, or real-time lawful status of any Guest or Host.
4. DATA PRIVACY AND DPDP ACT COMPLIANCE
4.1 Data Processing Consent
All data collection, retention, and storage protocols executed by Go My Cars are governed strictly by our Privacy Policy, drafted in total compliance with the Digital Personal Data Protection (DPDP) Act, 2023.
4.2 Purpose Limitation
Users grant the Company explicit, unambiguous consent to process personal identifiers and telemetry data (including live GPS tracking, vehicle health diagnostic logs, and photos uploaded during checkout) solely for transaction security, identity authentication, match-making, and dispute resolution purposes.
5. FINANCIAL TRANSACTION ROUTING AND ESCROW
5.1 Payment Processing Facilitation
Go My Cars is not a bank, financial institution, or licensed payment aggregator. All platform financial flows are handled using programmatic split-payment Application Programming Interfaces (APIs) powered by Reserve Bank of India (RBI) authorized payment gateways.
5.2 Escrow Mechanics
Any funds processed during a booking checkout are held in a nodal/escrow routing account managed by the licensed payment partner. The funds are programmatically broken down, routing the platform's tech facilitation fee to the Company's corporate accounts, while routing the contractual lease amount directly to the Host's designated bank account upon successful completion of the P2P lease window.
6. ABSOLUTE LIMITATION OF LIABILITY AND INDEMNIFICATION
6.1 Total Cap on Corporate Liability
To the maximum extent permitted under applicable Indian law, Corporate Hostel Private Limited, its directors, officers, employees, or tech partners shall never be liable for any direct, indirect, incidental, punitive, or consequential damages whatsoever arising from:
- Mechanical failures, structural accidents, injuries, or deaths occurring during a P2P booking window.
- Theft, conversion, criminal misappropriation, or illegal acts committed using a Host's vehicle by a Guest or any third party.
- Regulatory interventions, RTO lockouts, or court-ordered seizures of assets listed on the marketplace app.
6.2 Full Indemnity Clause
Users agree to defend, indemnify, and hold harmless Corporate Hostel Private Limited from and against any claims, liabilities, losses, damages, legal costs, or structural adjustments arising out of or connected with their breach of this Agreement, violation of the Motor Vehicles Act, 1988, or reckless operation of any vehicle sourced via the platform.
7. JURISDICTION AND DISPUTE RESOLUTION
7.1 Governing Law
This Agreement and the digital operations of the Go My Cars platform shall be governed by, interpreted, and construed exclusively in accordance with the laws of the Republic of India.
7.2 Territorial Jurisdiction
In the event of any legal dispute, conflict, or litigation arising out of this Agreement or platform utilization against the corporate entity, the courts located exclusively in Ahmedabad, Gujarat, India shall possess sole and exclusive territorial jurisdiction.
7. GOVERNING LAW AND MANDATORY DISPUTE RESOLUTION
7.1 Amicable Mutual Settlement (Pre-Arbitration Escalation)
In the event of any controversy, claim, dispute, or difference arising out of or in connection with these Terms of Service, your platform utilization, or any peer-to-peer transaction facilitated by Go My Cars (including questions regarding its existence, validity, interpretation, or termination) (collectively referred to as "Dispute"), the parties shall first attempt to resolve the Dispute amicably.
- Formal Written Notice: The aggrieved party must issue a detailed written notice.
8. HOST REPRESENTATIONS, WARRANTIES, AND MANDATORY DOCUMENTATION
8.1 Absolute Ownership and Authorization
By listing a vehicle on the Go My Cars platform, the Host explicitly represents, warrants, and covenants to the Company and any future Guests that:
- Lawful Ownership: The Host is the legal, registered owner of the vehicle, or possesses a valid, notarized Power of Attorney or written authorization from the registered owner to list and lease the vehicle.
- No Encumbrances: The vehicle is free from any legal disputes, active police investigations, criminal attachments, or undisclosed structural liens.
9. USER ACCEPTANCE DIGITAL HANDSHAKE
By clicking "I Agree", registering an account, or listing/booking a vehicle on Go My Cars, you declare that you have read, understood, and accept this Agreement in its entirety. You explicitly acknowledge that you are entering into P2P sharing transactions at your own volatile legal risk and that the platform operates protected by statutory intermediary safe harbour status.