Legal Document

Terms & Conditions

Self-Drive Vehicle Rental Platform — please read carefully before using Gear On.


📅Effective Date: April 14, 2025  |  Last Updated: April 14, 2025  |  Applies to all Gear On platforms and services.
👋

1. Introduction

Welcome to Gear On. Gear On (hereinafter referred to as the “Platform,” “we,” “us,” or “our”) is a technology-driven digital marketplace that facilitates connections between individuals who wish to rent self-drive vehicles (“Users”) and independent third-party vehicle owners or operators (“Vendors”) who offer such vehicles for short-term or long-term hire.

Gear On is exclusively a technology intermediary. The Platform does not own, lease, manage, control, or operate any vehicle listed on it. All vehicles displayed on the Platform are independently owned and managed by registered Vendors. The Platform merely provides a digital interface through which Users and Vendors may discover, communicate, and transact with each other.

These Terms and Conditions (“Terms”) govern your access to and use of the Gear On application, including all features, functionalities, content, and services made available through it. By using the Platform, you confirm that you are at least 18 (eighteen) years of age and possess full legal capacity to enter into this agreement under the laws of India.

Gear On reserves the right to amend, update, or revise these Terms at any time without prior notice. Continued use of the Platform following the posting of revised Terms shall constitute your unconditional acceptance of such revisions. It is your responsibility to review these Terms periodically for updates.

📚

2. Definitions

For the purposes of these Terms, the following definitions apply:

  • “Platform” or “Application”: Refers to the Gear On mobile application, associated website, and all related digital services made available to Users.
  • “User” or “You”: Any individual who accesses, registers on, or uses the Gear On Platform for the purpose of browsing, booking, or renting self-drive vehicles, whether or not a rental transaction is ultimately completed.
  • “Vendor”: Any third-party individual or business entity that registers on the Platform to list and offer self-drive vehicles for rent to Users.
  • “Vehicle”: Any motorised two-wheeler (including scooty and motorcycles), three-wheeler, or four-wheeler (including hatchbacks, sedans, and SUVs), or any other mode of transport listed on the Platform by a Vendor.
  • “Booking”: A confirmed reservation made by a User for a Vehicle listed on the Platform for a specified time period and rental duration.
  • “Rental Period”: The duration agreed upon between the User and Vendor for the use of the Vehicle, beginning from when the User takes physical possession of the Vehicle until it is returned to the Vendor.
  • “Security Deposit”: A refundable sum that a Vendor may independently collect from a User as a safeguard against potential damage, loss, or misuse of the Vehicle during the Rental Period.
  • “Platform Fee”: Any service, convenience, or processing fee charged by Gear On for facilitating the booking transaction between the User and Vendor.
  • “Applicable Laws”: All statutes, regulations, guidelines, and legal instruments in force in the Republic of India applicable to vehicle rentals, road usage, data privacy, consumer protection, and digital commerce.
  • “Account”: The registered user profile created by a User or Vendor on the Platform, containing personal and transactional information.
  • “Content”: All text, images, photographs, videos, vehicle listings, reviews, ratings, and other data submitted to or displayed on the Platform by any party.
🔗

3. Role of Gear On — Intermediary Status

3.1 Nature of Services

Gear On functions exclusively as a technology intermediary and digital marketplace. The Platform provides Users with the ability to discover, compare, and book self-drive vehicles offered by independent, third-party Vendors. Gear On does not itself provide vehicle rental services. All vehicle rental transactions are entered into solely and exclusively between the User and the respective Vendor.

3.2 No Ownership of Vehicles

Gear On does not own, possess, lease, insure, maintain, or operate any vehicle listed on the Platform. All vehicles are the sole property or lawful possession of the respective Vendor. Any representation, warranty, or claim made by a Vendor regarding a vehicle is made solely by that Vendor, not by Gear On.

3.3 No Responsibility for Vehicle Quality or Availability

Gear On makes no representations, warranties, or guarantees — express or implied — regarding the condition, roadworthiness, safety, legality, mechanical soundness, cleanliness, fitness for purpose, or availability of any vehicle listed on the Platform. The Platform does not inspect, verify, certify, or audit any vehicle. Users acknowledge that they rent and operate vehicles entirely at their own risk.

3.4 No Responsibility for Vendor Conduct

Gear On does not control, supervise, employ, or direct the conduct of Vendors. Vendors operate as fully independent third parties and are solely responsible for their vehicles, documentation, insurance, pricing, and service quality. Gear On shall not be liable for any fraudulent, negligent, misleading, unlawful, or otherwise harmful conduct of any Vendor.

3.5 Intermediary Disclaimer

In its capacity as an intermediary, Gear On shall not be a party to any dispute, claim, or legal proceeding arising between a User and a Vendor in connection with any booking, rental, accident, damage, injury, theft, or any other matter arising from the use of a vehicle obtained through the Platform. All such matters shall be resolved exclusively between the User and the Vendor.

🤚

4. User Eligibility

4.1 Minimum Age

To use the Gear On Platform and rent a vehicle, you must be a minimum of 18 (eighteen) years of age. Users renting motorcycles or vehicles above a specified engine capacity may be subject to additional age requirements as prescribed by Applicable Laws or as specified by the Vendor at the time of booking.

4.2 Valid Driving Licence

You represent, warrant, and confirm that at the time of booking and throughout the Rental Period:

  • You hold a valid and subsisting motor vehicle driving licence issued by a competent licensing authority under the Motor Vehicles Act, 1988 (or equivalent legislation), authorising you to drive the class or category of vehicle booked.
  • Your driving licence has not been suspended, revoked, cancelled, or otherwise rendered invalid by any authority.
  • You are lawfully permitted to drive in the state or union territory where the vehicle will be operated.
  • If you are renting a vehicle that will also be operated by another person, that person also holds a valid and appropriate driving licence.

4.3 Legal Capacity to Contract

By creating an Account and using the Platform, you represent that you are legally competent to enter into a binding contract under the Indian Contract Act, 1872; you are not disqualified by any Applicable Law from entering into contracts; and all information provided during registration and booking is accurate, current, and complete.

4.4 Required Documentation

Gear On or the Vendor may require you to produce: a valid government-issued photo identity proof (Aadhaar Card, Passport, Voter ID, or equivalent); a valid driving licence (original or verified digital copy where accepted by the Vendor); and any other documents required by the Vendor or mandated by Applicable Laws. Failure to produce valid documentation may result in the cancellation of a booking without refund, at the sole discretion of the Vendor.


🚗

5. User Responsibilities

5.1 Compliance with Traffic Laws

The User agrees to abide by all traffic rules, road safety regulations, and motor vehicle laws prescribed under the Motor Vehicles Act, 1988, and all other Applicable Laws. This includes: adherence to posted speed limits at all times; mandatory use of helmets for two-wheeler riders and pillion passengers, and seatbelts for all four-wheeler occupants; compliance with traffic signals, road markings, lane disciplines, and directional signs; carrying all required vehicle and personal documents during the Rental Period; and refraining from using a mobile phone or handheld electronic device while operating the vehicle.

5.2 Absolute Prohibition on Driving Under Influence

Driving or operating any vehicle while under the influence of alcohol, narcotics, controlled substances, prescription medications that impair cognitive or motor function, or any other intoxicating substance is STRICTLY PROHIBITED and constitutes a grave violation of these Terms, as well as a criminal offence under Indian law. Violations may result in immediate Account suspension, permanent ban, and referral to law enforcement authorities.

5.3 Prohibited Uses of the Vehicle

The User shall not use the rented vehicle for any illegal, criminal, or unlawful activity; commercial use including sub-renting, taxi or cab operations, delivery services, or any revenue-generating activity (unless expressly authorised in writing by the Vendor); motorsport, racing, stunts, or off-road driving; transporting illegal goods, contraband, narcotics, weapons, explosives, or hazardous materials; operating the vehicle outside geographical limits specified by the Vendor; allowing any unlicensed person to operate the vehicle; or towing or hauling without the Vendor's prior written consent.

5.4 Care and Responsibility for the Vehicle

The User accepts full responsibility for the rented vehicle from the moment of taking possession until the vehicle is returned to the Vendor. This includes:

  • Conducting a thorough pre-rental inspection and documenting all pre-existing damage jointly with the Vendor before commencing the Rental Period.
  • Maintaining the vehicle in the same condition as received, subject only to ordinary and reasonable wear and tear.
  • Bearing full financial liability for any damage, loss, theft, vandalism, or deterioration occurring during the Rental Period attributable to the User.
  • Immediately reporting any accident, theft, mechanical breakdown, or third-party damage to the Vendor and to the relevant authorities.
  • Returning the vehicle at the agreed time, date, and location with the same fuel level as at collection, unless otherwise agreed.
  • Bearing the cost of all traffic challans, fines, tolls, and parking charges incurred during the Rental Period.

5.5 Timely Return of Vehicle

The User must return the vehicle to the Vendor at the agreed-upon time, date, and location. In the event of a delay, the User shall be liable for additional rental charges as determined solely by the Vendor. Gear On bears no responsibility for any dispute or financial obligation arising from a late return.

🤝

6. Vendor Responsibility Disclaimer

6.1 Sole Responsibility of Vendors

Each Vendor registered on the Platform bears exclusive and sole responsibility for: ensuring that every listed vehicle is roadworthy, mechanically fit, clean, and complies with all safety standards; maintaining valid registration certificate, roadworthiness/fitness certificate, PUC certificate, and all other statutory vehicle documents at all times; maintaining valid third-party liability and/or comprehensive motor insurance covering the Rental Period; ensuring the vehicle is legally and rightfully in the Vendor's possession; providing accurate, honest, and up-to-date representations of the vehicle; and complying with all taxation, licensing, and regulatory requirements applicable to vehicle rental businesses under Indian law.

6.2 Disputes Between User and Vendor

Any dispute, claim, or disagreement arising out of or in connection with a rental transaction — including disputes relating to vehicle damage, road accidents, personal injury, theft, overcharging, security deposit deductions or refunds, poor vehicle condition, or breach of the rental agreement — is strictly a matter between the User and the Vendor. Gear On shall not be a party to, arbitrator of, or mediator in any such dispute unless it expressly agrees to do so in writing on a case-by-case basis.

6.3 Independent Vendor Status

Vendors are fully independent third parties. They are not employees, agents, partners, representatives, or franchisees of Gear On. Gear On does not exercise authority over Vendor operations and is not vicariously liable for any act, omission, negligence, fraud, or misconduct of any Vendor.

⚖️

7. Limitation of Liability

7.1 General Limitation

To the fullest extent permitted by the Applicable Laws of India, Gear On, and its officers, directors, employees, agents, affiliates, licensors, and service providers, shall not be liable for any loss, damage, injury, harm, or expense of any nature arising out of or in connection with the use of the Platform or the rental of any vehicle through the Platform.

7.2 Specific Exclusions

Without limiting the generality of Clause 7.1, Gear On explicitly excludes liability for:

  • Vehicle Damage: Any physical or mechanical damage caused to the rented vehicle or to third-party property by the User during the Rental Period.
  • Accidents and Personal Injury: Any road accident, physical injury, temporary or permanent disability, or death arising from the operation of a rented vehicle.
  • Theft and Loss: The theft, misappropriation, loss, or destruction of the vehicle or any personal property left in or on the vehicle during the Rental Period.
  • Mechanical Failures: Any breakdown, mechanical failure, tyre puncture, battery failure, or other technical malfunction of the vehicle, regardless of cause.
  • Fraudulent Conduct: Any fraud, misrepresentation, or unlawful activity committed by a Vendor or User on the Platform.
  • Legal Violations: Any fine, penalty, prosecution, or civil or criminal liability arising from the User's violation of traffic laws or any other Applicable Law.
  • Third-Party Claims: Any claim made by a third party against the User or Vendor arising out of the use of the vehicle.
  • Service Interruption: Any interruption, suspension, or unavailability of the Platform due to technical errors, server downtime, maintenance, or cyberattacks.
  • Data Breach: Any unauthorised access to or loss of personal data where Gear On's reasonable security measures have been circumvented.

7.3 Financial Cap on Liability

In any event, the maximum aggregate financial liability of Gear On to any User for any and all claims arising under or in connection with these Terms shall be strictly limited to the total Platform Fee paid by that User in respect of the specific booking giving rise to the claim.

7.4 No Consequential Damages

Gear On shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages — including but not limited to loss of profits, loss of business opportunity, loss of data, or loss of goodwill — even if Gear On has been advised of the possibility of such damages.

🔒

8. Security Deposit

8.1 Platform Does Not Collect Deposits

Gear On does not collect, hold, process, manage, or refund any security deposit on behalf of Vendors or Users. The Platform bears no responsibility whatsoever in relation to security deposits, including their collection, adequacy, deduction, or refund.

8.2 Vendor-Collected Deposits

Vendors may, at their sole discretion and independently of the Platform, require Users to provide a security deposit prior to vehicle handover. Any such deposit: is collected directly by the Vendor from the User, outside the Gear On Platform and payment system; is governed solely by the bilateral agreement between the User and the Vendor; may be subject to deductions by the Vendor for vehicle damage, fuel shortfall, late return, or other breaches; and must be refunded by the Vendor to the User upon satisfactory return of the vehicle.

Any dispute relating to a security deposit is a matter exclusively between the User and the Vendor. Gear On shall not intervene in, adjudicate, or be financially liable for any such dispute.

📅

9. Booking and Cancellation Policy

9.1 Booking Confirmation

A booking shall be deemed confirmed only upon the successful completion of payment and the issuance of a booking confirmation notification through the Platform. Gear On does not guarantee the availability of any vehicle at the time of booking and shall not be responsible if a Vendor fails to fulfil a confirmed booking for any reason.

9.2 Cancellation by User — Refund Schedule

Cancellation TimingRefund Amount
More than 24 hours before rental start timeFull Refund (excluding non-refundable Platform Fee)
Between 6 and 24 hours before rental start time50% Refund (excluding Platform Fee)
Within 6 hours of rental start time, or no-showNo Refund — full booking amount forfeited

9.3 Vehicle Unavailability

In the event that a booked vehicle is unavailable due to reasons solely attributable to the Vendor — including vehicle breakdown, overbooking, or withdrawal of the listing — the User shall be entitled to a full refund of the booking amount, including the Platform Fee.

9.4 Cancellation by Vendor

Gear On does not guarantee against Vendor-initiated cancellations. In the event a Vendor cancels a confirmed booking, Gear On will process a full refund to the User in accordance with Clause 10. Vendors who repeatedly cancel confirmed bookings may be suspended or removed from the Platform at Gear On's sole discretion.

9.5 Non-Refundability of Platform Fee

The Platform Fee is non-refundable in all cases of User-initiated cancellation. It shall be refunded only in the specific case of vehicle unavailability attributable to the Vendor, as set out in Clause 9.3.


💰

10. Refund Policy

10.1 Processing Timeline

All eligible refunds shall be initiated by Gear On within 24 to 36 working hours from the time the cancellation or refund request has been verified and approved. The refunded amount will be credited to the original payment instrument used by the User at the time of booking.

10.2 Third-Party Processing Delays

While Gear On will endeavour to initiate refunds promptly, the actual credit to the User's account is dependent on the processing timeline of the payment gateway (Razorpay) and the User's bank or financial institution. Gear On shall not be liable for delays attributable to such third parties. Typical bank-side processing may require an additional 3 to 7 business days after Gear On initiates the refund.

10.3 Non-Refundable Situations

Refunds shall not be applicable in the following circumstances:

  • User-initiated cancellation within 6 (six) hours of the scheduled rental start time.
  • No-show by the User at the agreed time and location of vehicle handover.
  • Termination of the User's Account by Gear On due to a violation of these Terms.
  • Bookings or payments made fraudulently or through misrepresentation.
  • Situations where the User has already taken possession of the vehicle.

10.4 Refund Dispute Resolution

Any dispute regarding a refund must be raised by the User within 7 (seven) calendar days of the date of cancellation by writing to Gear On at support.gearon@gmail.com. Gear On's decision on refund disputes, made in good faith after due consideration, shall be treated as final for Platform purposes.

💳

11. Payment Terms

11.1 Payment Gateway

All financial transactions on the Gear On Platform are processed through Razorpay, a licensed third-party payment aggregator compliant with applicable Payment Card Industry Data Security Standards (PCI-DSS). Gear On does not directly collect, store, or process your credit or debit card details. All payment information is handled securely by Razorpay in accordance with its own terms of service and privacy policy.

11.2 Accepted Payment Methods

The Platform accepts all payment methods made available by Razorpay, including but not limited to debit cards, credit cards, UPI (Unified Payments Interface), net banking, and digital wallets, subject to availability and applicable transaction limits.

11.3 Currency

All transactions on the Platform are conducted exclusively in Indian Rupees (INR). The Platform does not currently support payments in any foreign currency.

11.4 Failed or Disputed Transactions

In the event of a failed transaction where an amount has been debited but a booking confirmation has not been issued, Gear On shall initiate a refund to the original payment instrument within the timelines specified in Clause 10.1. Users experiencing payment discrepancies are requested to contact Gear On at support.gearon@gmail.com with the relevant transaction details.

11.5 Pricing Disclaimer

Vehicle rental pricing is set exclusively by Vendors and may vary. Gear On does not warrant the accuracy, completeness, or consistency of any pricing information. The final price confirmed at the time of booking shall be binding.

11.6 Taxes

All applicable statutory taxes, including Goods and Services Tax (GST) where applicable, shall be charged in addition to the rental amount and Platform Fee in accordance with the Applicable Laws of India.

🔐

12. Data Collection and Privacy Consent

12.1 Categories of Data Collected

In order to provide its services, Gear On collects the following categories of personal information from Users: full name; email address; mobile phone number; device information (including device type, operating system, and unique device identifiers); location data (only when location permission is expressly granted by the User); and booking history and transaction records.

12.2 Purpose of Data Use

Personal data collected by Gear On is used solely for the following legitimate purposes: creating and maintaining the User's Account on the Platform; facilitating bookings and processing payments; verifying User identity and legal eligibility to rent vehicles; improving the Platform's functionality, features, and overall user experience; providing customer support and responding to queries, complaints, or feedback; sending transactional notifications, booking confirmations, and service updates; and complying with legal obligations and responding to lawful requests from regulatory authorities.

12.3 No Sale or Unauthorised Sharing of Data

Gear On does not sell, trade, rent, or otherwise transfer your personal data to third parties for commercial or marketing purposes. Your personal data may be shared only in the following limited circumstances:

  • With the relevant Vendor, to the extent reasonably necessary to fulfil a booking.
  • With Razorpay, for the purpose of processing payments.
  • With law enforcement authorities, courts, or regulatory bodies, when required by law or legal process.
  • With authorised service providers who assist in operating the Platform (e.g., cloud hosting providers), subject to strict confidentiality obligations.

12.4 User Consent

By accepting these Terms and using the Platform, you expressly and freely consent to the collection, storage, processing, and use of your personal data as described in this Section 12. You acknowledge that your personal data may be stored on servers located within the Republic of India.

12.5 Data Security

Gear On employs industry-standard technical and organisational security measures to protect your personal data from unauthorised access, disclosure, alteration, or destruction. However, no method of data transmission over the internet is completely infallible, and Gear On cannot provide an absolute guarantee of data security.

12.6 Data Retention and Deletion

Gear On retains personal data for as long as the User's Account remains active and for a reasonable period thereafter, or for as long as required by Applicable Laws. Users may request deletion of their personal data by writing to support.gearon@gmail.com, subject to Gear On's legal obligations to retain certain information.

For a comprehensive understanding of how your personal data is collected, processed, and protected, please refer to Gear On's Privacy Policy, which forms an integral part of these Terms.

🔍

13. Vehicle Condition Disclaimer

13.1 Images and Descriptions Are Illustrative

Vehicle images, photographs, descriptions, features, and specifications displayed on the Platform are provided solely by the respective Vendor and are intended for illustrative purposes only. Gear On does not independently verify the accuracy, currency, or completeness of such representations. The actual vehicle provided may differ from the images and descriptions shown on the Platform in respect of colour, exterior finish, trim level, model variant, model year, interior features, optional equipment, accessories, or cosmetic condition including minor surface scratches, dents, or wear consistent with normal use.

13.2 User's Duty of Inspection

Users are strongly advised to conduct a thorough physical inspection of the vehicle at the time of collection. Any pre-existing damage must be documented by the User and the Vendor jointly, through photographs or a written inspection report, before the Rental Period commences. Failure to document pre-existing damage may result in the User being held liable for such damage upon return of the vehicle.

13.3 No Implied Warranty of Fitness

Gear On makes no warranty, express or implied, that any vehicle listed on the Platform is fit for purpose, roadworthy, mechanically sound, or safe for operation. The decision to rent and operate any vehicle rests entirely and solely with the User, who assumes all associated risks.


🚫

14. Prohibited Activities

Users are strictly prohibited from engaging in any of the following activities on or in connection with the Platform:

14.1 Fraudulent and Deceptive Conduct

  • Creating fake, duplicate, or impersonated Accounts on the Platform.
  • Providing false, misleading, or fraudulent personal information during registration, booking, or identity verification.
  • Using stolen, cloned, or otherwise unauthorised payment instruments to complete transactions.
  • Misrepresenting your identity, age, or possession of a valid driving licence.

14.2 Theft and Misappropriation

  • Retaining a rented vehicle beyond the agreed Rental Period without the Vendor's prior written authorisation.
  • Theft, conversion, misappropriation, or unauthorised disposal of a rented vehicle.
  • Stripping, dismantling, tampering with, or making unauthorised modifications to any rented vehicle.

14.3 Platform Misuse

  • Attempting to hack, reverse-engineer, decompile, disassemble, or otherwise compromise the Platform's technical infrastructure or security systems.
  • Introducing malicious software, viruses, ransomware, or other harmful code into the Platform.
  • Scraping, harvesting, or systematically extracting data from the Platform without Gear On's express written authorisation.
  • Using automated bots, scripts, crawlers, or other automated tools to access or interact with the Platform.

14.4 Illegal Activities

  • Using a rented vehicle in furtherance of any criminal offence or illegal activity under Indian law.
  • Engaging in money laundering, tax evasion, or financing of any illegal activity through the Platform.

14.5 Harmful and Offensive Conduct

  • Posting or sharing offensive, defamatory, discriminatory, obscene, or harassing content on the Platform.
  • Threatening, intimidating, or harassing other Users, Vendors, or Gear On personnel.
  • Engaging in any conduct likely to harm Gear On's reputation, business interests, or goodwill.

Gear On reserves the right to investigate and take appropriate action against any User suspected of engaging in Prohibited Activities, including Account suspension, permanent termination, recovery of damages, and reporting to law enforcement authorities.

🔑

15. Account Suspension and Termination

15.1 Grounds for Suspension or Termination

Gear On reserves the right, at its sole and absolute discretion, to suspend, restrict access to, or permanently terminate a User's Account, with or without prior notice, in any of the following circumstances:

  • Violation of any provision of these Terms or any other policy of the Platform.
  • Engagement in fraudulent, deceptive, dishonest, or unlawful activity on or through the Platform.
  • Non-payment of applicable dues, initiation of unjustified chargebacks, or unresolved payment disputes.
  • Submission of false, inaccurate, or misleading information during registration, booking, or any verification process.
  • Conduct that is harmful, threatening, abusive, or damaging to the interests of Gear On, other Users, or Vendors.
  • Commission of any Prohibited Activity as set out in Section 14 of these Terms.
  • Failure to comply with Applicable Laws or regulatory requirements in connection with the use of the Platform.
  • Receipt of credible and persistent negative feedback or formal complaints from Vendors.
  • Reasonable suspicion of identity fraud, Account compromise, or systematic misuse.

15.2 Consequences of Account Termination

Upon the termination of a User's Account: the User shall immediately and permanently lose access to the Platform and all associated services and features; any pending bookings may be cancelled and refunds processed at Gear On's discretion in accordance with these Terms; the User shall remain fully liable for all obligations, charges, liabilities, and legal responsibilities that accrued prior to termination; and Gear On may retain User data as required by Applicable Laws or for legitimate business purposes, in accordance with Section 12.

15.3 User-Initiated Account Deletion

Users may delete their Account at any time through the Account settings within the application. Deletion of an Account does not extinguish, release, or waive any pre-existing liability, obligation, or legal right accrued by either party prior to the effective date of deletion.

🛡️

16. Indemnification

16.1 User's Obligation to Indemnify

You agree to fully defend, indemnify, and hold harmless Gear On and its parent company, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  • Your use of or access to the Platform in any manner.
  • Your violation of these Terms or any Applicable Laws.
  • Your operation of a rented vehicle, including road accidents, personal injuries, third-party property damage, or traffic violations.
  • Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights.
  • Any false, fraudulent, or misleading representation made by you to Gear On, a Vendor, or any third party.
  • Any claims brought by a Vendor, third party, or governmental or regulatory authority arising from your conduct.

16.2 Cooperation in Defence

You agree to cooperate fully, and at your own expense, with Gear On in the defence of any claim covered by your indemnification obligation. Gear On reserves the right to assume exclusive control and direction of the defence of any matter subject to indemnification, and you shall not settle any such matter without the prior written consent of Gear On.

⚖️

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms and any dispute, controversy, or claim arising out of or relating to these Terms shall be governed by and construed exclusively in accordance with the laws of the Republic of India, without regard to its conflict of law principles.

17.2 Jurisdiction

Subject to the dispute resolution procedure outlined below, the courts and tribunals of competent jurisdiction located in the jurisdiction of Gear On's registered place of business in India shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these Terms.

17.3 Amicable Resolution

In the event of any dispute between the User and Gear On, the parties shall first endeavour in good faith to resolve such dispute through direct negotiation. Written notice of the dispute must be provided by the aggrieved party. If the dispute cannot be resolved amicably within 30 (thirty) days of such written notice, either party may pursue resolution through appropriate legal proceedings in the courts specified in Clause 17.2.

17.4 Consumer Rights

Nothing in these Terms shall limit, restrict, or exclude any statutory rights that Users may have under the Consumer Protection Act, 2019, the Information Technology Act, 2000, or any other Applicable Laws of India that cannot be excluded, limited, or modified by private agreement.

📝

18. Modifications to Terms

18.1 Right to Amend

Gear On reserves the right to modify, amend, update, supplement, or replace these Terms at any time and at its sole discretion, without prior notice. Such changes may be necessitated by changes in Applicable Laws, changes to the Platform's features or business model, or changes to industry best practices.

18.2 Notification of Material Changes

Gear On will notify Users of material changes to these Terms by updating the “Last Updated” date at the top of this document and posting the revised Terms on the Platform. For significant changes, Gear On may additionally provide notice through in-app notifications or email to the User's registered address.

18.3 Continued Use Constitutes Acceptance

Your continued use of the Platform following the posting of any revised Terms shall constitute your unconditional acceptance of and agreement to be bound by the revised Terms. If you do not agree to the revised Terms, you must immediately cease use of the Platform and delete your Account.

📌

19. Miscellaneous Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any other guidelines or policies published by Gear On on the Platform, constitute the entire and complete agreement between you and Gear On with respect to your use of the Platform and supersede all prior agreements, representations, warranties, and understandings of any kind.

19.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable in whole or in part, such provision shall be severed from the remaining provisions without affecting their validity or enforceability.

19.3 No Waiver

No failure or delay on the part of Gear On in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy. A waiver of any specific breach shall not constitute a waiver of any subsequent or continuing breach.

19.4 Force Majeure

Gear On shall not be liable for any delay, failure, or non-performance of its obligations where such failure arises from circumstances beyond Gear On's reasonable control, including acts of God, natural disasters, pandemics, government-imposed restrictions, civil unrest, telecommunications failures, power outages, or internet disruptions.

19.5 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of Gear On. Gear On may freely assign its rights and obligations under these Terms at any time, including in connection with a merger, acquisition, or sale of assets, without your consent.

19.6 Intellectual Property

All content, design elements, trademarks, service marks, trade names, logos, and intellectual property on the Platform are the exclusive property of Gear On or its respective licensors and are protected under applicable Indian and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Platform solely for personal, non-commercial purposes. No right, title, or interest in any intellectual property of Gear On is transferred to you.

19.7 Headings

The headings and sub-headings in these Terms are for ease of reference only and shall not affect the interpretation or construction of any provision herein.

📬

20. Contact Information

For any queries, complaints, support requests, refund enquiries, or legal notices arising under or in connection with these Terms, please contact Gear On using the following details:

  • Platform Name: Gear On
  • Email Address: support.gearon@gmail.com
  • Types of Queries: User support, booking disputes, refund requests, data privacy, account issues, legal notices

Gear On will endeavour to respond to all written queries within 3 (three) business days of receipt. For urgent matters relating to road accidents, vehicle theft, or personal injury, please contact the relevant local emergency services and law enforcement authorities immediately.