PLATFORM TERMS OF USE 

Last Updated - 08 October 2025

This document is a legally binding document which will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will form part of the Governing Policies for availing the services offered through the website  and mobile application under the name and style of “SHWT” (“Platform”).

  

Background 

The Platform is owned by SHWT, a company incorporated under the

Companies Act,1956  having its registered office at having its registered office at No.147, 1st Floor, Anjaneya Techno Park, HAL Old Airport Road, ISRO Colony, Kodihalli, Bangalore, Karnataka-560008(hereinafter referred to as “SHWT” or “we” or “us” or “our”, which expression unless the context may otherwise require to include its successors, liquidators and assigns) and the guest users or the registered users of the Platform, who is a natural or a legal person (hereinafter referred to as “User” or “you” or “your” or “yourself”).

SHWT Host Services is a tech enabled marketplace feature of SHWT that facilitates car-sharing services through its online marketplace platform, that helps owners of vehicles (“Hosts”) connect with users in temporary need of a vehicle (“Guests”) for self-drive purposes. SHWT does not itself lease or deal with such vehicles in any manner whatsoever and only provides a service connecting the Hosts to the Guests. SHWT is merely a facilitator between Hosts and guests and does not sell, hire, manage, and/or control the vehicle.

All of the provisions in these Terms of Use, together with SHWT Host Services Terms & Conditions – Host  & Guest (available here), Privacy Policy (available here), and any other incorporated policies / agreements constitute the terms of the agreement between you and SHWT for the use of the Platform and services offered by SHWT thereon (together, the

“Governing Policies”).

Please read these terms carefully before using or registering on the Platform or accessing any material, information or availing services through the Platform. If you do not agree with these Terms of Use, please do not use the Platform or avail any bookings or services being offered through this Platform. If you use or transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such use or transaction. It is hereby clarified that by accepting the Terms of Use for use of the Platform, You shall be contracting with SHWT and these Terms of Use as applicable, shall constitute your binding obligations, with SHWT.

We reserve the right, at our discretion, to change or modify these Terms of Use. You agree that the updated terms and conditions shall be effective from the date publication of the same on the Platform. It shall be your responsibility to periodically check for any changes to the Terms of Use and other policies on the Platform. We will notify you of any changes through push notification, emails or any other such methods. Your continued use of the Platform will constitute Your acceptance of changes. You may decline such changes by discontinuing Your bookings or services, as the case may be, made on the Platform.

Subject to your acceptance and compliance of these Terms of Use, SHWT grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and applicable Governing Policies, as may be posted on the Platform from time to time.

  

Your Account and Registration Obligations 

Eligibility: 

You must be at least 18 years of age and competent to contract under the existing law of the land, to use the Platform and avail services as provided by SHWT. As a minor if you wish to use or transact on the Platform, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). SHWT reserves the right to terminate your registration and / or deny access to the Platform if it is brought to SHWT’s notice that you are not competent to contract as mentioned herein.

User Information: 

If you use the Platform as a registered user, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Platform registration form or provided by You as a visitor or user of a third-party site through which You access the Platform.  

If you provide any information that is untrue, inaccurate, not current or incomplete or SHWT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or You are trying to gain unlawful access to the Platform, it has the right to indefinitely suspend or terminate or block access of your registration with the Platform and refuse to provide you with access to the Platform.  

You understand and agree that a third-party shall not be authorized to use your account You understand and acknowledge that allowing other individuals to use your credentials to avail SHWT services on the Platform, you will be held solely liable for any damages or liabilities arising out of such use caused to yourselves, other Users or SHWT without prejudice to their right to invoke legal action or proceedings against you and the other User to the full extent permissible under Indian law.  

  

Fees and Taxes 

You are responsible for paying all fees (if any) associated with the use of the Platform and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

  

Use of the Platform 

You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following:

1. You are solely responsible for Your information, and the Platform acts only as a passive conduit for distribution and publication of Your information. You shall not host, display, upload, modify, publish, transmit, update or share/list(s) any information or item including but not limited to documents for identification or listing of the vehicle that are false, inaccurate and misleading or impersonating a person or belong to other person over which you have no right.

 

2. You are prohibited from assigning or transferring your account to any other user, person, or entity.

 

3. You agree that you shall not violate any applicable law for the time being in force in India.

 

4. You shall not use the app to post anything grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" or harmful to minors.

 

5. You shall not attempt to use any intellectual property rights of SHWT or a third-party partner linked to our Platform including any patent, trademark, copyright or other proprietary rights or trade secrets or rights of publicity or privacy.

 

6. You also shall not make use of any other computer code, software viruses, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.

 

7. You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

 

8. You shall not create liability for SHWT or cause SHWT to lose or disrupt (in whole or in part) the services of our service providers or other suppliers.

 

9. You shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the Governing Policies or any other applicable law for the time being in force in India.

 

Privacy 

The Platform collects certain personal and non-personal data from You for purposes that are lawful, proportionate, and necessary to deliver and improve our services. Personal data that we may collect includes without limitation details like date of birth, Government issued IDs, bank account details etc. The Platform collects, stores, processes and safeguards your all your data and Your information in accordance with Privacy Policy https://www.SHWT.com/policy#privacy. By using the Platform and/ or by providing your information, you consent to the collection and use of the information you disclose on the Platform in accordance with the Privacy Policy.

Payment Facility 

SHWT may, either by itself or through its business partners, from time-to-time contract with third party payment service providers including banks to open nodal bank accounts under applicable Indian laws, to facilitate the payment between Users i.e. owners and Guests and for collection of fees and other charges on the Platform. These third-party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by applicable law for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.

  

Disclaimers 

 

THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.

DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.

WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT, CREDIT, DEBIT CARDS OR ANY OTHER PAYMENT OPTION AVAILABLE ON THE PLATFORM.

YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH

SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S SERVICES.

WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.

WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT

LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR

EXEMPLARY         DAMAGES,         DAMAGES         ARISING         FROM         PERSONAL

INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  

Intellectual property 

 

SHWT owns the intellectual property as available on the Platform. For any other information, and the material published on it including but not limited to user interface, layout format, and any content thereof SHWT may have non-exclusive limited right / license to use or produce the same on its Platform.

You recognize that SHWT or its affiliates is the registered owner of the word mark/device marks and the logo of SHWT products,  including but not limited to its variants and agree that you shall not directly or indirectly, attack or assist another in attacking the validity of, or SHWT or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of SHWT’s intellectual property you shall report the same to Host.support.in@SHWT.com with all relevant information.

You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  

Indemnity and Limitation of Liability 

You shall fully indemnify, keep indemnified, defend and hold harmless SHWT and SHWT shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the Terms of Use or any applicable SHWT Governing Policies, or your violation of any law, rules or regulations or the rights of a third party.

Notwithstanding anything contained herein, SHWT’s maximum aggregate liability to you shall be limited to INR 10,000. Other than the aforesaid, SHWT shall have no liability to You.

  

General 

These Terms of Use sets forth the entire understanding and agreement between You and SHWT with respect to the usage of the Platform.

If any clause of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Terms of Use.

In SHWT's sole discretion, SHWT may transfer, assign or novate these Terms of Use without your prior express consent. However, the Platform on reasonable efforts basis and if practicable may provide You with an advance intimation  of any such actsvia push notifications, emails or otherwise. You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

  

Other Complaints 

In the event you have any complaints or concerns with respect to the Site or our services, Please contact our Customer Support through the chatbot in the app or mail at:

Host.support.in@SHWT.com 

 

Governing Law and Dispute Resolution 

These Platform Terms of Use shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Bangalore shall have exclusive jurisdiction.

Any dispute or difference either in interpretation or otherwise, of these Platform Terms of Use and/or the Governing Policies, shall be referred to an independent arbitrator who will be appointed by SHWT and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat of arbitration shall be held in Bangalore.

Without any prejudice to particulars listed in clause above, SHWT shall have the right to seek and obtain any injunctive, provisional, or interim relief from any court of competent jurisdiction to protect its Marks or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

   

Last Updated - 08 October 2025

Welcome to SHWT Host Services (“SHWT Host Services”) located at www.shwtrbtc.com (the “Site”) and the mobile application (the “App”). The Site and App (each the “Platform”) are owned and operated by SHWT India Private Limited, a company incorporated under the Companies Act 1956, having its registered office at Anjaneya Techno Park, First Floor, No. 147, HAL Old Airport Road, ISRO Colony, Kodihalli, Bangalore, Karnataka 560008 (also referred to as “SHWT”, “We,” “Us,” or “Our”).  All access and use of the Platform and the services thereon are governed by our general Platform terms, (the “General Terms”), privacy policy available at https://www.shwtrbtc.com/fee-policy (the “Privacy Policy”),  fee policy (“Fee Policy”) and service specific terms.

These Terms of Service, including specific terms and conditions applicable to the Hosts and Guests and Add-on Services (these “Host T&Cs”) read together with the Privacy Policy, Fee Policy and other applicable policies (“Governing Policies”), collectively create the legally binding terms and conditions on which SHWT offers to You or the entity You represent (“You”, “User” or “Your”) the SHWT Host Services (defined below), including Your access and use of SHWT Host Services.

Please read each of Governing Policies carefully to ensure that You understand each provision and before using or registering on the website or accessing any material, information, or availing services through the Platform. If You do not agree to any of its terms, please do not use the Platform or avail any services through the Platform. The Governing Policies take effect when You click an “I Agree” button or checkbox presented with these terms or, if earlier, when You use any of the services offered on the Platform (the “Effective Date”). To serve You better, Our Platform is continuously evolving, and We may change or discontinue all or any part of the Platform, at any time and without notice, at Our sole discretion.

PRIVACY PRACTICES

We understand the importance of safeguarding Your personal information and We have formulated a Privacy Policy - https://www.shwtrbtc.com/fee-policy to ensure that Your personal information is sufficiently protected. We encourage You to read it to better understand how You can update and manage Your information on the Platform .

AMENDMENTS / MODIFICATIONS

SHWT reserves the right to change the particulars contained in the Host T&Cs from time to time and at any time. If SHWT decides to make changes to the Host T&Cs, it will post the updated version on the website and update the date specified above or communicate the same to You by other means. Any change or modification to the Host T&Cs will be effective immediately from the date of upload of the Host T&Cs on the Platform. It is pertinent that You review the Host T&Cs whenever We modify them and keep Yourself updated about the latest terms of Host T&Cs because if You continue to use the SHWT Host Services after We have posted modified Host T&Cs, You are indicating to Us that You agree to be bound by the modified Host T&Cs. If You don’t agree to be bound by the modified terms of the Host T&Cs, then You may not use the SHWT Host Services anymore.

SHWT HOST SERVICES

SHWT Host Services is a marketplace feature of the Platform more particularly facilitates peer-to-peer car sharing. SHWT assists owners of vehicles to connect with Users in temporary need of a vehicle (“Guest”) for their personal use (“SHWT Host Services”). The Platform enables individual vehicle owners (with single or less than 10 white board vehicles; referred to as “Retail Hosts”) as well as fleet operators (with multiple black board self-drive vehicles referred to as “Fleet Operators”) to list their vehicles on the Platform. The Retail Hosts and the Fleet Operators are collectively and commonly referred to as “Host” for the purpose of these Host T&Cs.

SHWT does not itself own, lease or rent such vehicles in any manner whatsoever and only provides a service connecting the Hosts to the Guests so they may enter into a Car Sharing Agreement (defined below). You understand and agree that SHWT is not a party to the Car Sharing Agreement entered into between You as the Host of the vehicle or You as the Guest of the vehicle, nor is SHWT a transportation service, agent, or insurer. SHWT has no control over the conduct of the Users of the SHWT Host Services and disclaims all liability in this regard.

SHWT Host Services aims to establish and provide a robust marketplace of reliable Hosts and Guests. Although SHWT Host Services provides support for the transaction between Hosts and Guests, We do not guarantee the quality or safety of the vehicles listed on the Platform, nor can We guarantee the truth or accuracy of any listings, or whether Hosts and Guests will consummate a transaction, including the completion of any payment obligations.

SERVICES INFORMATION

SHWT Host Services comprises of (a) the marketplace feature of the Platform https://www.shwtrbtc.com/zap/subscribe/host that enables Hosts and Guests satisfying the applicable eligibility criteria listed below to connect with one another for peer to peer car sharing for personal use by the Guest; and (b) support/facilitation services for car sharing including, among others, assistance with execution of the Car Sharing Agreement, payment facilitation, prospective Guest diligence/KYC through the Platform or regulated and government-affiliated third-party services providers and vehicle usage/location tracking; (c ) web widgets, feeds, mobile device software applications, applications for third-party web sites and services, and any other mobile or online services and/or applications owned, controlled, or offered by SHWT.  Additionally SHWT also connects the Hosts and Guests with certain third-party service providers who provide certain add-on services including but not limited to  vehicle cleaning/sanitization, home  delivery of the vehicle, on-road assistance, etc., (“Add-on Services”) which the Host and Guest may at their sole discretion, risk and cost choose to avail such Add-on Services from such third-party service provider. SHWT attempts to be as accurate as possible in the description of the SHWT Host Services. However, SHWT does not warrant that the SHWT Host Services, information, or other content of the Platform is accurate, complete, reliable, current, or error-free. The Platform may contain typographical errors or inaccuracies and may not be complete or current.

SHWT reserves the right to rectify, modify or update information, errors, inaccuracies, subjective conclusions, interpretations, views, opinions or even human error, or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies, or omissions may also relate to availability and SHWT Host Services. The User of the SHWT Host Services shall not hold SHWT liable for any loss or damage relating to the same.

USE OF SHWT HOST SERVICES

While You may use some section/features of the Platform without registering with us, to access the SHWT Host Services You will be required to register and create an account with us. Thereafter, only the Hosts and Guests satisfying the applicable eligibility criteria (listed below) will be able to use the services subject to the terms and conditions of these Host T&Cs. 

ELIGIBILITY

The SHWT Host Services are intended solely for Users who are 18 years or older and satisfy User specific criteria below. Any use of the SHWT Host Services by anyone that does not meet these requirements is expressly prohibited. Any misrepresentation with regards to or circumvention of the Eligibility Criteria shall render the Host liable to termination  from the Platform and further legal action as the case may be.

Host & Vehicle Eligibility Criteria

• The Host must have a valid passport, Aadhar number, GST registration certificate (if applicable) and/or other form of government issued identification document.
• The vehicle(s) proposed to be listed must either be an eligible non-transport/private personal use vehicle or should have the requisite permits, and bear the requisite license plate in compliance with the Motor Vehicles Act, 1988 (MVA) and the Rent-A-Cab Scheme, 1989 (“RAC”).
• The vehicle must either be registered in the Host’s name; or the Host must hold express authorization from the registered owner to list and operate the vehicle on the Platform and act as Host.
• The Vehicle(s) must have all legally required permits, tax payments, and regulatory clearances for its designated state of operation including but not limited to tax receipts for road tax and other applicable taxes.
• At the time of listing the vehicle(s) being listed should also not have any pending insurance claims and/or other on-going litigations, legal claims, insurance claims, e-challans, unpaid liabilities, or any other claims that may arise in tort or law.
• The vehicle must have a valid registration certificate issued by the relevant regional transport authority under Motor Vehicles Act, 1988 (“MVA”).  
• The vehicle must be less than 7 years old and should meet all legal requirements of the state of its registration and usage.
• The vehicle must comply with all local and national transport laws, including those related to emission standards, road safety, and public transportation regulations.
• The vehicle must be clean, well maintained and have the basic accessories, including safety device as per Our maintenance, component and safety standards/equipment specifications attached hereto as Annexure I.
• The vehicle must meet Our minimum insurance requirements of having Third Party Comprehensive Insurance as is mandated under Motor Vehicle Act, 1988.
• The vehicle must have fewer than 70,000 kilometers and should have never been declared a total loss.
• If the Host has opted for fitment of In-Vehicle Devices, the same must be installed and ready at the time of listing the vehicle.          .

Guest Eligibility Criteria

• The Guest must have a valid driving license issued by appropriate authority under Government of India.  
• The Guest must have a valid passport, Aadhar number and/or other form of government issued identification document.

• The Guest must have no recent vehicle accidents in the last year, major traffic violations in the last 1 year, more than 2 recent moving violations and history of non-payment of failure to pay.
• The Guest must have a clean criminal record, including but not limited to no felony(s), no violent crime(s), theft(s), or offence related to prohibited substance(s).

Please Note: The above-mentioned documents collected for the fulfilment of the eligibility requirements are subject to KYC (Know Your Customer) verification including the Guest's live selfie and such verification must be completed before the start of the booking. We may partner with regulated and government-affiliated third-party service providers for the same (if explicitly consented to by the User). These service providers are contractually bound to handle Your data securely and only for the specified purpose.

Additionally, certain Hosts, at time of handover may request for KYC Documents in addition to the above-mentioned documents and the Guest may accordingly be required to produce such KYC Documents as may have been requested by Host for starting the trip.

REGISTERING AND CREATING YOUR ACCOUNT

To access and use the SHWT Host Services, You shall have to open an account on the Platform with a valid email address by providing certain complete and accurate information and documentation including but not limited to Your name, date of birth, an email address and password, and other identifying information as may be necessary to open the account on the Platform. Each User may open and maintain only one account on the Platform.

Please see below an indicative list of documents that You will be required to submit as part of the registration process on the Platform. SHWT may on a need basis request submission of additional documents as well, as it may deem necessary for facilitation of SHWT Host Services.

For Hosts:

1. Registration Certificate
2. Pollution Under Check Certificate
3. Car Insurance
4. Current Address Proof (Rent Agreement/Company Allotment Letter etc.)
5. Valid Government ID Card (Aadhar, Voter’s ID, Passport etc.)
6. PAN Card

For Guest:

1. Valid Driver’s License
2. Valid Government ID Card (Aadhar, Voter’s ID, Passport etc.)
3. Cancelled Cheque in name of the Host
4. Current Address Proof. (Rent Agreement/Company Allotment Letter etc.)

Once You have created an account with us, You are responsible for maintaining the confidentiality of Your username, password, and other information used to register and sign into Our Platform, and You are fully responsible for all activities that occur under this username and password. Please immediately notify Us of any unauthorized use of Your account or any other breach of security by contacting Us at Host.support.in@SHWT.com. If You interact with Us or with third-party service providers, You agree that all information that You provide will be accurate, complete, and current. You acknowledge that the information You provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party.

By registering on the Platform, each applicant i.e., the Host and the Guest authorizes SHWT and SHWT reserves the right, in its sole discretion, to verify the documents submitted by such applicant through the Platform. SHWT may in its sole discretion use third-party services to verify the information You provide to Us and to obtain additional related information and corrections where applicable, and You hereby authorize SHWT to request, receive, use, and store such information in accordance with Our Privacy Policy. Further, SHWT reserves the right, at its sole discretion, to suspend or terminate the SHWT Services to any of the registered Users while their account is still active for any reason whatsoever.  SHWT may provide any information necessary to the Hosts, insurance companies, or law enforcement authorities to assist in the filing of a stolen car claim, insurance claim, vehicle repossession, or legal action.

EACH HOST AND GUEST ACKNOWLEDGES AND AGREES THAT NEITHER SHWT NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TOWARDS ANY: (1) USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USERNAME OR PASSWORD; (2) PERSONAL BELONGINGS WHICH IS CLAIMED BY GUEST TO BE LOST OR STOLEN ONCE THE BOOKING PERIOD ENDS; AND (3) THE UNAUTHORIZED USE OF YOUR USERNAME AND PASSWORD FOR YOUR PLATFORM ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH SHWT AND OTHER USERS.

ONBOARDING VEHICLE BY THE HOST & SUBSEQUENT PROCESS:

Once the user account is created, Hosts can onboard and list their vehicle(s) on the Platform for car sharing by following the single steps available here https://www.shwtrbtc.com/zap/subscribe/host.

 

Each such booking shall have a defined start time and end time (such period from the Start Time to the End Time being called the “Booking Period”) and choice of Designated Location (as specified below).

Booking can be created from the Platform at least 1 hour in advance. Host shall ensure the availability of the vehicle at the Designated Location for bookings during a booking. Each Listing Period shall be for a minimum of 24 hours and a maximum period of 6 months.

Cancellation/Rescheduling of a Listing: Host shall have the right to cancel or reschedule a booking at any point of time. Charges, as stipulated in the Fee Policy shall be applicable on cancellation or rescheduling of a booking under certain conditions. However, in case where there are multiple cancellations in Guest booking/s due to Host/s misdemeanour or unwarranted cancellations by the Host himself, SHWT at its sole discretion, shall have the right to terminate Host from its platform and delist any/all vehicles listed on the Platform by such Host.

Designated Location: The vehicle shall be parked at Host’s own location. The host shall ensure that the vehicle is parked in a clean, safe, and clearly identifiable location (a “Designated Location”). Host shall have the option of specifying up to 2 (two) Designated Locations within the city limits. Host shall provide SHWT detailed directions to the Designated Location(s) for ensuring that Guests are able to find and access the vehicle. If a Designated Location has restricted access, Host shall ensure that Guests are able to access the location for a booking to make the pickup process seamless. For instances where Host provides HD-enabled bookings, Hosts shall ensure that the vehicle is available for pickup at the designated Guest location, as specified in the booking confirmation.

For listing the vehicle, You may opt for installation of In Vehicle Devices or list vehicles without any devices. If You opt for installation, You shall allow the personnel/representatives of SHWT to visit Your premise for assessment of Your vehicle and installing the In-Vehicle Device in Your vehicle to ensure its complete safety. Upon installation / fitment of the In-vehicle Device the vehicle will be returned to the location designated by You. You hereby unconditionally agree not to tamper or remove such In-Vehicle Devices. You further agree and acknowledge that such installed In-vehicle Devices may require minor modification from time to time, and You shall provide full access of the vehicle to SHWT or any other party appointed by SHWT, for the purpose of modification of such devices. In case You remove or otherwise tamper the In-vehicle Devices, You shall be liable to pay SHWT the actual cost of such In-vehicle Device.

SHWT further reserves the right to deduct the foregoing amount from the amount to be paid by SHWT to You. Both Host and Guest acknowledge and accept that SHWT shall not be liable for any consequential damages arising due to such unauthorized removal and/or tampering of In-vehicle Device by either of the parties For the purpose of these Host T&Cs, “In-Vehicle Devices” means and includes the various devices selected by SHWT to be installed in the vehicle for the security, safety, tracking and health monitoring of the vehicle.

Host hereby expressly consent to any consequential loss and warranty loss such as OEM “Original equipment Manufacture” warranty that You may suffer, as a result of fitment of the In-vehicle Device in the vehicle. SHWT will compensate the Host for any consequential losses to the electrical wiring as may be included in the Electrical Warranty provided by the OEM which occurs during the period the vehicle is in use by the Guest on account of the same. Notwithstanding the foregoing SHWT will not provide any compensation upon termination of these Host T&Cs or Your account for any other reason whatsoever. Upon termination of these Host T&Cs for any reason whatsoever, SHWT will be authorised to remove In-Vehicle Device installed in the vehicle and any failure to do so due to a reason attributable to You, will result in a penalty on You as per the Fee Schedule.

Further, You acknowledge and accept that SHWT collects GPS and driver behaviour related data through the In-Vehicle Devices and that the same will be collected even when You are using it for Your personal use due to fitment of In-Vehicle Device in Your Vehicle. You hereby agree and expressly consent that SHWT shall be allowed to collect such aforementioned data until removal of the In-Vehicle Device from the Vehicle.

Once the vehicle onboarding process is complete the Vehicle will be listed on the Platform. Your Host listing page will also include information such as Your city and area detail where the vehicle is located, Your listing description, Your public profile photo, Your responsiveness in replying to Guests’ queries, and any additional information You share with other Users via the Platform.

Recovery of In-Vehicle Devices: The Host acknowledges and agrees that the ownership of these In-Vehicle Devices shall vest in SHWT at all times and the Host shall be entitled to use such devices on payment of the “Platform Fee” or the “Device Management Fee” (as the case maybe) as long as the Vehicle is listed on the Platform. Host acknowledges and agrees that SHWT shall at its discretion have the right to terminate/delist Host Vehicle from the Platform. Upon termination/delisting of his/her vehicle from the Platform, the Host shall make the vehicle available for removal of the In- Vehicle Devices. In the event Host fails to adhere to the reminder/requests of SHWT and evades requests to present the car for recovery/removal of devices to SHWT, the Host hereby unequivocally authorizes and consents to SHWT and its representatives can remove such devices with/without the Host's presence upon termination/delisting of the vehicle. The Host understands and agrees that SHWT and/or its representatives may enter the vehicle, without further consent and take such steps as may be necessary for removal of these devices. Host shall not hold SHWT liable or accountable for any damages arising due to removal of such device.

By listing a vehicle, Hosts are agreeing to (i) provide true and accurate information and are representing that the information that they are providing is accurate;  (ii) that the photos, contained in the listing are actual photos of the vehicle being advertised, and that they are not misrepresenting their vehicle in any way; (iii) maintain only one active listing, per vehicle, at a time; (iv) truthfully represent any claims or allegations of damage; and (v) work in good faith to resolve any disagreement with SHWT and the Guests.

ONLINE BOOKING

Once Your account is created on the Platform, the Guest will receive confirmation of successful creation of Guest account from SHWT. Thereafter, the verified Guests can view the vehicles listed on the Platform and send a booking request for Your vehicle via the Platform.

The Guest will be able to (i) book the trip to start at any time of the day subject to availability; and (ii) choose a start time of the trip from the next hour from the time of the booking.

Upon receipt of a booking request in relation to a vehicle, SHWT shall confirm such booking and communicate details of the final booking with the Host and the Guest through an email, text message or message via the Platform confirming such booking.

By accepting these terms relating to the online booking process, the parties hereby acknowledge and agree that (i) each of the Host and Guest accept the conditions for listing the vehicle on the SHWT Platform and use of SHWT Services. (ii) SHWT is merely a facilitator and any arrangements entered into between Host and Guest through this Platform or otherwise is solely at their own risk and expense.

VEHICLE OWNERSHIP

The parties, specifically the Guests understand that these Host T&Cs only grant rental/usufructuary/limited rights of use over the vehicle, and all along the absolute and unencumbered ownership of the vehicle for all intent and purposes, including for regulatory requirement under the applicable laws in India, will remain with the Host. These Host T&Cs will cover all terms of listing and availing of SHWT Host Services and the Car Sharing Agreement (as defined under) shall cover the terms of the subsequent booking as agreed between the Host and the Guest, including Trip Protection Fee (defined below), liability for violations, theft/accident, confiscation of vehicle, insurance, issues related to the use of the vehicles, and so on. It is hereby clarified, and the Host and the Guest acknowledge that SHWT is not the owner of the vehicles listed on its Platform and is merely a facilitator as provided under these Host T&Cs.

CAR SHARING AGREEMENT

Upon acceptance of the booking by the Host, the Host and Guest will be required to duly enter into a Car Sharing Agreement to formally execute the terms and conditions and commercials for such booking to ensure compliance with the requirements of applicable law. “Car Sharing Agreement” means and includes the Agreement (where vehicle is a white-board vehicle) executed between the Retail Host and the Guest and a Self-Drive Car Rental Agreement (for vehicles black board self-drive vehicles) executed between Fleet Operator and Guest. SHWT shall assist both the Host and the Guest with the electronic execution and record keeping as a part of its SHWT Host Services. The Guest understands and accepts that the trip cannot start unless the Car Sharing Agreement is duly executed over Our Platform.

The Host hereby acknowledges and agrees that by accepting the terms of these Host T&Cs, all Car Sharing Agreements that are executed over the Platform with any Guest for the Host’s vehicle bear the Host’s express consent and such Car Sharing Agreement shall constitute a binding agreement between the Host and the Guest. The Host also acknowledges and agrees that he/she is cognizant of the terms of all such Car Sharing Agreements and the corresponding booking details that have been executed over the SHWT Platform for the particular trip. The Host shall receive a copy of the executed Car Sharing Agreement through email along with the booking details soon after the same has been executed by Guest upon the Platform.

The Car Sharing Agreement will cover all terms of the the lease(for Retail Host) or rental conditions(for Fleet Operators) as agreed between the Host and the Guest (collectively the “parties”) including Booking Fee, Trip Protection Fee (defined below), liability for any traffic and/or parking violations, theft/accident, confiscation of vehicle, insurance, issues related to the use of the vehicles, Guest's obligations, dispute resolution and so on. Upon execution of the Car Sharing Agreement and delivery of the Vehicle to the Guest, the Host shall constitute the demise of the vehicle to the Guest (defined as “Guest”, on the terms and conditions contained therein.

By utilizing a separate Car Sharing Agreement or otherwise displaying terms relating to the  lease(for Retail Host) or the car rental conditions(for Fleet Operators)  as part of the online booking process,  the parties hereby acknowledge and agree that (i) such separate Car Sharing Agreement is directly between the Guest and the Host; (ii) the SHWT is not party to such separate Car Sharing Agreement, (iii) Car Sharing Agreement executed, is solely at the parties’ own risk and expense, (iv) nothing contained in the Car Sharing Agreement, on the Platform or these Host T&Cs is a substitute for the advice of a legal counsel and (v) the parties have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary the Car Sharing Agreement to ensure compliance with applicable laws. If there is any conflict between the terms of a separate Car Sharing Agreement and these Host T&Cs, the terms of these Host T&Cs shall prevail.

OFFLINE ARRANGEMENTS

Any instances where the Host and the Guest enter into a similar/analogous arrangement involving the hiring/sharing/renting of the listed vehicle (by whatever name called) with an intention to circumvent the Platform, while using, attempting or intending to wrongly benefit from SHWT Host Services or any other services on the Platform, including without limitation, the additional insurance coverage (herein any such arrangement to be referred as (“Offline Arrangements”) shall be contravention of these Host T&Cs. Please note that such Offline Arrangements are not permitted for vehicle/s listed on the Platform. If any such offer for usage of the listed vehicle outside the Platform, is made to/by either Parties (Host or the Guest), the same should be reported to SHWT immediately. If You fail to follow these requirements, You may be subject to a range of actions, including limits on Your access to SHWT Host Services and other services, restrictions on listings, suspension of Your account, application of Facilitation Fee, and recovery of Our expenses in policy monitoring and enforcement. Furthermore, Offline Arrangements are explicitly excluded from any SHWT offered insurance coverage or claims and SHWT shall in no case be held liable for any damages (direct or indirect), consequential losses, loss of profit/business as faced by Host or the Guest entering into such an arrangement.

VEHICLE DELIVERY

Soon after execution of the Car Sharing Agreement the Host shall:

• have the vehicle is cleaned, sanitized, and kept ready for delivery (including servicing and routine maintenance) as per Our maintenance, component, and safety standards/equipment specifications in Annexure I     

• keep the vehicle Key(s), original documentation of the Vehicle, including the registration certificate, Vehicle Insurance policy, Pollution Under Control (PUC) Certificate and other mandatory documents, if any, prescribed by the relevant authorities under Applicable Laws (the “Vehicle Documentation”) ready for delivery.
• ensure that the vehicle is available for Guest at the Designated Location and at the specified time. In the event that the Guest has opted for Home Delivery post the Host’s  confirmation to provide the same, the Host shall ensure timely delivery of the vehicle to the Designated Location.

The Guest can opt to take delivery of the vehicle, vehicle key(s), and Vehicle Documentation from the Designated location on the agreed Delivery Date or opt for Our Delivery Add-on Service for contactless doorstep vehicle delivery which has been elaborated in the below section.

Home Delivery Services:

1. This add-on service as provided by third party service providers is entirely subject to optional participation of the Guest and requires explicit Host opt-in through the SHWT Host platform.
2. Separately, Hosts may themselves provide home delivery services to the Guest directly without utilising services of the third party service provider. Hosts who have enabled the Home Delivery (“HD”) option in their SHWT profile settings and completed the onboarding process are eligible for providing this service.
3. SHWT may selectively extend HD feature to qualifying Hosts based on, prior booking history, and regional availability and this too shall be subject to the Hosts’ choice.
4. SHWT shall act as a facilitator among the Host, Guest, and the third party service provider in the following manner:

1. SHWT’s Role as a Facilitator - SHWT serves as a facilitator, connecting Guests and Hosts with the third party service providers for HD bookings to enable the movement of the vehicle from the Host location to the Guest location at trip start, and vice versa at trip end.

• Hosts must ensure the vehicle is in a ready-to-use condition and contains sufficient fuel for the delivery and return process.

2. Vehicle Handover Process - To ensure transparency and condition traceability, a full vehicle inspection is conducted at both handover and return. This includes:

• 360-degree photographs of the vehicle
• Odometer and fuel level documentation

The Guest is required to initiate and end the trip via the SHWT app using an OTP provided by the Host. The OTP must only be shared after fuel and FASTag charge settlements are mutually confirmed between the Guest and Host.

3. Home Delivery Fee - For every HD booking completed, the Host is entitled to a fixed percentage share of the HD fee paid by the Guest as a reimbursement for fueling (See Our “Host Fee Policy”).

4. Support & Miscellaneous - SHWT will provide verified and relevant details of the Host and Guest to the third party service provider prior to the trip such as location, time, and vehicle details. In case of disputes, Hosts can reach out to SHWT Support via in-app channels and SHWT will accordingly connect the Host/Guest to the respective third-party service provider for resolution.

• In the event of trip time changes or early return requests, SHWT will assist the Hosts with relevant coordination to ensure smooth turnaround.
• SHWT is not liable for losses arising from Host non-compliance, unavailability, or delayed OTP sharing.
• HD availability may vary by city, operational readiness, and host discretion.
• Any damages incurred to the vehicle during transit as part of the Home Delivery process will be governed by Damage Policy for SHWT Host Programme (the “Damage Policy). For more details, please refer to Our Damage Policy.
• The Guest must be present in-person to take or receive the delivery of the vehicle. The Guest must examine the vehicle before accepting its delivery and shall be deemed to have satisfied himself as to its condition and suitability for his/her purpose, and its compliance with any prescribed safety standards.
• After the delivery, any fault in the car shall be dealt with in accordance with the terms of the Car Sharing Agreement.

SHWT may modify the terms/process  or discontinue this add-on HD facilitation service based on the change in service terms rendered/discontinuation by the third-party service provider. Hosts will be notified of any material changes through platform communication channels.

Cancellation/Modification of Booking: 

1. Guest-Initiated Cancellation: If the Guest wishes to cancel or modify a booking for which the vehicle has been reserved, the Guest must do so in accordance with the timelines specified in the Fee Policy and shall take note of applicable penalties. Furthermore, if the Guest refuses and/or is unable/unwilling for any reason to accept delivery of the vehicle, the booking shall be automatically cancelled and the any Booking Fee paid in advance shall stand forfeited to compensate the Host for the costs, charges, expenses, or losses incurred by the Host arising out of such an action of the Guest, in pursuance of the Fee Policy. In case of any loss suffered by the Guest due to non-delivery, delay in delivery, failure in delivery, the Guest will not hold SHWT responsible for such loss.

2. Host-Initiated Cancellations (Post-Allocation): The Host may cancel a booking within 2 hours of Allocation Time with no penalties. Any booking cancelled post the 2-hour window, will attract a monetary penalty as set out in the Host Fee Policy. Additionally, all cancellations will attract a 1-star rating penalty, irrespective of the time elapsed since the Allocation Time. “Allocation Time” means the timestamp of the allocation notification sent via the Platform. SHWT may deduct applicable penalties from current or future payouts. 

VEHICLE USAGE TERMS

The vehicle shall be driven only by the Guest and used in a prudent and careful manner solely for Guest's personal use within the territory specified in the Car Sharing Agreement (“Permitted Territory”), in strict compliance with the requirements of the applicable Laws of India and the conditions of the Car Sharing Agreement (the “Permitted Use”).  

Other than the Permitted Use, all other uses of the vehicle including the usages as listed in the Car Sharing Agreement (by the Guest and/or any other person(s) directly or indirectly acting through, authorised by or on behalf of the Guest), are strictly prohibited (the “Prohibited Uses”) and shall result in immediate termination of the Car Sharing Agreement and SHWT Host Services without any notice to the Guest. The Prohibited Uses shall more particularly be described in the Car Sharing Agreement between the Host and the Guest. Notwithstanding anything contrary to the above, Guest shall, at all times be liable to compensate Host during the Booking Period for any/all deliberate damages caused to the vehicle by Guests and/or any of his/her co-driver or any other person who was permitted to drive the vehicle by the Guest .

PAYMENT FACILITATION, FEES & OTHER CHARGES

1. Facilitation Fee:

SHWT shall be entitled to charge the Host a fee in lieu of provision of SHWT Host Services (“Facilitation Fee”). This Facilitation Fee shall be calculated as a certain percentage (more particularly described in the Fee policy) of the Booking Fee. The Facilitation Fee shall be deducted from the Booking Fee at the time of pay-out to Host.

2. Platform Fee and Device Management Fee:

1. SHWT shall be entitled to charge the Host a fee of INR 590 per month in lieu of the safety and operational expense of Host’s car (“Platform Fee”) to certain Hosts. The Platform Fee shall be deducted from the Booking Fee at the time of pay-out to such Host.
2. Further, from May 2023 onwards the Hosts who have recently opted in for device installation may be charged a Device Management Fee instead of the Platform Fee amounting to INR 500 per month.
3. Further, at the time of booking Guest shall pay a fee for every booking      (“Guest Platform Fee”/”Convenience Fee”) which shall be calculated as a fraction of the Booking Fee. This fee is charged in lieu of the services provided to the Guest on SHWT Platform. The Platform Fees shall be payable by Guest in addition to the Trip Protection Fee payable at the time of booking a vehicle and is calculated as a percentage of the Booking Fee.

3. Trip Protection Fee:

At the time of booking a vehicle, the Guest shall have to pay upfront  a fee for insuring the vehicle at the time of the trip and (“Trip Protection Fee”). SHWT shall through insurers facilitate such protection plan from time to time on payment of such Trip Protection Fee.

4. Booking Fee:

For Guest: The Guest shall be liable to pay a fee (“Booking Fee”) for booking the vehicle and it shall be inclusive of the applicable taxes (if any) in force. The same is dynamic and subject to vehicle type, booking period, location etc, and shall be payable as per the terms and timelines mentioned in the Fee Policy. All such payments shall be made by the Guest over the SHWT Platform and payment to SHWT shall be considered the same as payment made directly to the Hosts by the Guests.

For Host: The Host shall be paid on the basis of bookings made and shall receive the Booking Fee paid by the Guest on the hourly tariff during booking period. The same shall be remitted to the Host (“Host Payable Booking Fee” as defined in Host Fee Policy), post deduction of any Host Platform Fee, Facilitation Fee, charges for any add-on services (if availed by Host), and applicable taxes (if any).

The Host may also be liable to penalties of up to 20 percent of the total Booking Fee in case of failure to serve bookings.

The Pay-out Cycle for remitting such Host Payable Booking Fee to the Host shall be (within 14-24 hours) and any further charges and refunds shall be reconciled on a weekly basis. Amounts due for the previous week (ending on Sunday) shall be credited to Host’s account on the next working day.

5. Other payments, refunds, and penalties:

1. In addition to the above Booking Fee and the Trip Protection Fee, the Guest shall also be liable for the following as described in the Fee Policy:

•  Add-on Charges (if availed) for services like home delivery facility..
•  Charges for cancellation, rescheduling, extension of booking period, late return or returns at wrong location shall be levied as per the Fee policy.
•  Charges for loss of keys, documents, unpaid tolls, traffic violation penalties.
•  Cost for any damages which may include both cost of repair as well as insurance cover as per the standard rates in the Fee Policy.

2. The Guest acknowledges and agrees that he/she shall be liable to pay such charges on occurrence of any of the above-mentioned event/s and hereby authorizes SHWT, to set off any amounts as may be due from SHWT to the Guest against any amounts that may be payable by the Guest under these Host T&Cs, as the case may be.
3. The Guest also acknowledges and agrees that SHWT shall have the right to prohibit the Guest from making a subsequent booking on the Platform until all outstanding fees in the Guest's account have been paid in full.
4. The Guest also understands and agrees that SHWT may charge additional fees for failed payments, returned/cancelled checks. The Guest will be responsible to reimburse Us for all costs of collection, including collection agency fees, third party fees, and legal fees, and costs.
5.  If You are a Host, You understand, acknowledge, and agree that SHWT may set the booking/reservation fee for Your vehicle as per the Fee Policy. SHWT will adjudicate the booking/reservation fee on Your behalf, which means processing the Guest's [credit/debit card], retaining the Facilitation Fees and other add-on services fee, if any, commission and remitting such funds to You as provided in this section.
6. SHWT reserves the right to withhold payment or charge back to Your account any amounts otherwise due to Us under these Host T&Cs, in the event of any account information is lacking or mismatched or in the event of where there has been any breach of these Host T&Cs by You, pending SHWT’s reasonable investigation of such breach.

6. To ensure proper payment, both Guest and the Host are solely responsible for providing and maintaining accurate contact and payment information associated with Your account, which includes, without limitation, applicable tax information and SHWT shall in no case be held liable on account of any error in payments due to information wrongly provided by You.
7. Notwithstanding anything contained herein, it is clarified that SHWT shall in no way be responsible or liable for any direct/indirect penalties, charges, etc. levied by any tax authorities on Host and shall penalize and seek reimbursement from the Host in the event such liability is extended to SHWT due to Hosts’ default.
8. All the Disputes with respect to any booking shall be subject to a time limitation. All such disputes/grievances should be raised within 15 days of booking completion failing which the Host and/or the Guest agree that such claims/grievances shall be assumed to be waived. On an exceptional basis, grievances relating to charges namely "Traffic Violation", "Vehicle Damage", "Inconvenience fees'', "Outstanding fees" can be raised within 90 days from the time of booking completion, post which no grievances or disputes pertaining to the booking shall be entertained by SHWT.
9. In the event of a conflict between this Clause and terms of the Fee Policy, the terms set forth in the Fee Policy shall prevail.

HOST’S OBLIGATIONS

In connection with use of or access to the SHWT Host Services the Host shall not, and hereby agrees that it will not, nor advocate, encourage, request, or assist any third party in activity or otherwise, to harm or threaten to harm Users of Our community, including but not limited to, (i) "stalking" or harassing any other Guest or Host of SHWT community or User of the Platform (ii) collecting or storing any personally identifiable information about any other member or associate of SHWT community, other than as specifically agreed / allowed herein (iii) engaging in physically or verbally abusive or threatening conduct; or (iv) using Our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers.

The Host is also bound to maintain car conditions and ensure continuity of his listings for agreed upon periods on Our Platform. In this regard, the Host may additionally be liable to a penalty of up to 20 percent of the total Booking Fee if he/she fails to serve the bookings. Repeated failure to serve bookings may lead to termination of Host vehicles from the SHWT Host program.

Host further agrees and acknowledges that in case of any concerns including but not limited to the damages caused to the vehicle during the booking period shall only be raised by raising his/her concern via authorized ticket support process. If the Host refuses or denies following the due redressal mechanism continuously, SHWT shall at its sole discretion have the right to terminate such Host from the Platform. Further SHWT shall not be liable to entertain or make good for any such damage or other claims unless the same is duly routed through the authorized ticket support process.

Checklists help Us ensure that all information regarding the vehicle, the trip and customer experience are captured so We can serve the Hosts and Guests better. Accordingly, Host shall be responsible for filling:

• “Car Ready Checklist” to be filled by Host within 12 hours of  booking start time. It is advisable for the Host to do so in order to keep records of the condition of the Vehicle., It may be difficult for SHWT to ascertain and validate damages in absence of the same.
• “Booking End Checklist” within 12 hours of the booking end time or the start time of the next booking. If the Host fails to fill the checklist within the above stipulated timelines, then the last available information with SHWT (for e.g., from the Guest checklist) shall be deemed as final for the closure of the booking.

GUEST’S OBLIGATIONS

Both parties shall be responsible to ensure compliance with the provisions of their respective Car Sharing Agreement at times during the Booking Period and until the return of the vehicle to the Host in good working condition.  In addition to other obligations and covenants under the Car Sharing Agreement, as regards the use of the Vehicle during the aforesaid period the Guest shall:

 

• at his/her expense maintain the cleanliness, condition, and appearance of the vehicle in as good an operating condition as it was on the commencement date of the Booking Period.

• use the Vehicle only for the Permitted Use in conformity with the Host’s manual instructions provided as part of Vehicle Documentation, applying the same degree of care when using the vehicle as would ordinarily be exercised if it belonged to the Guest and strictly refrain from Prohibited Use of Vehicle and other requirements as laid down more particularly in the Car Sharing Agreement under the Section “Terms of Vehicle Usage”.

• ensure the safekeeping and presence of the Vehicle Documentation in the vehicle. If these documents are lost or stolen, the Guest will be charged the cost of obtaining duplicates and be remitted to the Host along with all other charges for damages and Booking Fee as may be payable to the Host.

ACCIDENT, THEFT, TRAFFIC VIOLATION AND CONFISCATION

All instances of accident, damage, theft, traffic violations, and confiscation of or involving the vehicle during the Booking Period shall be handled by the parties in accordance with the provisions of the Car Sharing Agreement, including alleged damage or other issues. The Hosts and the Guests further agree to honestly represent any claims or allegations of damage and to work in good faith with each other to resolve any disagreement in keeping with the terms of the Car Sharing Agreement.

INSURANCE, TRIP PROTECTION PACKAGES & DAMAGE MANAGEMENT

1. Host Vehicle Insurance: To protect the Host vehicles against damages and theft, and in compliance with the comprehensive insurance requirements as mandated by Motor Vehicles Act, 1988, the Host shall at all times maintain a  comprehensive insurance with an insurance company of its choice (“Host Vehicle Insurance”).  

2. Damage Policy: 

1. For Retail Hosts, SHWT has tie-ups with third party insurance providers who assist in repair of damaged vehicles and provide coverage for total loss and theft of the vehicle. This Damage Policy however is not applicable to Fleet Operators. Fleet Operators maintain separate insurance on their fleet of vehicles. This Damage Policy however excludes claims of third-party injury/damages for Hosts.
2. The Retail Host also understands and agrees that in the event that the Retail Host refuses, interferes, prevents the administration of the claim in any manner or repossesses the vehicle which is undergoing any maintenance/repair due to invocation of  the Damage Policy, he/she shall forfeit any rights to claim damages from the Guest/ insurance company as the case maybe. Neither SHWT nor the Guest will be liable to make good any damages in such a situation and shall stand discharged of all liabilities therein. The Retail Host understands and undertakes that he/she shall not act in a manner contrary or prejudicial to the Platform or the Guest and extend his/her full cooperation and participation at the time of any such claim being invoked under the Damage Policy.
3. In case of total loss of vehicle, the Host understands and agrees to bind themselves to the depreciation level as prescribed under law or as prescribed by the relevant insurance company in line with market practice.
4. The Retail Host also understands and agrees that for the events including but not limited to the below listed, the vehicle shall not be protected under the Damage Policy if:

• The damage occurs when the vehicle is in possession of the Host and/or occurs due to deliberate/negligent acts of the Retail Host itself.
• Any damage arising due to normal wear and tear of the vehicle or depreciation in quality or value of the vehicle as such including but not limited to self-heating, electrical arcing, or leakage etc.
• Any specific exclusions as may be listed by the insurance company in such insurance coverage.

5. SHWT shall assist the Host in filing and administering such claims for damages, theft, or loss of vehicle. Platform shall also assist the Guest in administration of claims with the Host.

3. Trip Protection Plan and Trip Protection Fee:

1. The Guest is responsible for payment of all expenses associated with any risks and ensuing damage to the vehicle including without limitation theft, partial or total destruction etc.  For each booking made, the Guests are required to select a Trip Protection Plan (“TPP”) during checkout. The TPP determines the Guest’s maximum liability in the event of vehicle damage during the trip. The guest may avail such TPP by paying the Trip Protection Fee (“TPF”) over and above the Booking Fee. Guest acknowledges and agrees to abide by the terms and conditions pertaining to the trip protection plan/insurance, including without limitation its coverage, exclusions, and process of invocation.
2. The Guest, however, cannot seek the benefit of this TPP in the event of the following:

• In case the vehicle is damaged, destroyed or stolen due to the deliberate act of Guest or his/her co-driver; and
• Any damage to the vehicle due to negligence or rash driving on part of the Guest.
• The Guest was tested with alcohol in blood or breath or used drugs and or other stimulants prohibited by the law.
• The Guest used the vehicle in a manner that is in contravention of law or the traffic regulations (over speeding, driving in restricted areas or any other illegal usage for racing/commercial usage etc).
• For all other risks and liabilities, including personal injury or death and property damage of the third-party, arising with respect to the vehicle, arising out of negligence or deliberate acts of the guest or his/her co-driver.

3. The Guest also understands and agrees that for the above-mentioned damages/incidents as listed below are not covered under such Trip Protection Plan and the Guest will fully and personally be held liable for all costs and damages.
4. Both Host and the Guest acknowledge and agree that the information gathered through the Booking Start/Pick-up Checklist and the Booking End/Drop Checklist is crucial to the Trip protection process. Should the Host or the Guest fail to fill in these checklists, no claims of damage/repair etc shall be entertained or administered in absence of relevant proof collected through these checklists. The Guest shall not be allowed to contest claims from the Host/claim refunds, and the Host shall not be allowed to raise claims in absence of such fully filled in checklists. In events of technical issues preventing the filling of the checklist, the Host/Guest should immediately contact customer support for resolution.
5. The Guest shall not do or omit to do or be done or permit or suffer any act which might or could prejudicially vitiate or affect any such claims made by the host under the Damage Policy and shall at all times extend full cooperation so that the claims can be effectively administered.
6. In the event of any damage, theft, or destruction of the Vehicle during the Guest shall promptly inform the Platform and render all documentation and information including but not limited to information about the accident, assistance in filing of FIR or other relevant details as maybe necessary to invoke a claim with the company providing the Trip Protection Plan/insurance with the assistance from the Platform.
7. Accordingly, the Guest shall pay to the Host, the amount of loss and/or damage not paid under the Trip Protection Plan and be liable for the following:

• In case of Damage: 

The difference, if any, between the actual amount incurred in repairing the damage to the vehicle and the amounts covered under the Trip Protection Plan wherever the Damages are arising out of Prohibited Use.

• In case of theft/total loss of the Vehicle:

• If usage of the vehicle at the time of its theft/total loss exceeds the booking period, charge of the excess period incurred as per the rate specified in Fee Policy.
• For Retired Vehicles, trip protection compensation is not applicable and hence no payout shall be made for theft/ total loss of such Retired Vehicles.
• Other cost/expense incurred by the Host for/in respect of assessment loss suffered by the vehicle and possibility of its restoration.
• Other charges, if any, remaining unpaid by the Guest under the Car Sharing Agreement.

4. Notwithstanding any such Trip Protection Plan/insurance/Damage Policy availed, under no circumstances shall SHWT be held liable towards the parties or a third party for any loss or damage that may be suffered by the parties or a third party, whether or not the same may be attributed to Host or Guest.

VEHICLE RETURN/REPOSSESSION

Upon the expiry of the Booking Period or earlier termination of the Car Sharing Agreement (except termination on account of theft or total destruction/loss of the vehicle), Guest must at his/her own cost return the vehicle in the almost the same order and condition, as the Vehicle was at the time of commencement of the Booking Period, except normal wear and tear, with Vehicle Documentation, vehicle’s key, key fob, in-vehicle devices and other starting device in its designated position in the vehicle to the Specified Location within the period specified in the Car Sharing Agreement. The Guest is mandatorily required to fill up the Booking End/Drop Checklist for recording the car condition at the end of the trip.

This will be followed by filling of a similar Booking End/Drop Checklist by the Host as and when the Host is returned the vehicle by the Guest.

However, in case:

• The Guest returns the vehicle at a place other than the Designated Location; the Guest will be charged the cost of transportation of the vehicle from such place to the Designated Location.

• The Guest does not return the Vehicle within the specified period, Guest will be charged late return penalty specified in Our Fees Policy till such time as the vehicle is returned to the Host and also the costs, expenses, charges etc. incurred by the Host for repossession of the vehicle.

• Damage caused to the returning vehicle, other than excepted wear and tear, the Guest will be charged penalty for such damages at the rate specified in Our Fees Policy and approximate costs, expenses, charges for restoration of the vehicle to its original condition.

• Any item provided with the vehicle is lost, including without limitation its key, key fob, in-vehicle devices, other starting device to the vehicle or any component(s) of the vehicle, Vehicle Documentation is missing, the Guest will be charged with an inconvenience fee if the lost items are not returned and need to be replaced as per the Fee Policy.

• Where the actual booking period of the vehicle by the Guest exceeds the initial booking period as declared at  , the Guest shall pay the “Extension Fee” for such extended period as per the rate specified in Our Fees Policy.

• All such disputes shall be administered only by means of the information gathered through Booking Start/Pickup Checklist and the Booking End/Drop Checklist as duly filled in by both Host and the Guest. The Guest should ensure that these checklists are duly filled in to avoid any hassles and additional penalties for damages caused.

WARRANTIES OF THE PARTIES

Hosts’ Warranties:

Each Host represents and warrants to SHWT that:

• Host is either the legal and beneficial owner of the listed vehicle(s) or is duly authorized in writing by the registered owner of the vehicle(s) listed on the Platform.

• The vehicle/s offered for listing on the Platform is/are in sound and safe condition and free of any known faults or defects that would affect its safe operation under normal use and meet the vehicle eligibility criteria mentioned in these Host T&Cs.

• Host has the full legal right, capacity, power, and authority to enter into and execute the Car Sharing Agreement, Host T&Cs and Governing Policies, be contractually bound by and comply with all rights and obligations contracted under each of these documents.

• There is no action, investigation or other proceedings of any nature whatsoever, by any governmental authority or third party against the Host, which would restrain, prohibit or otherwise challenge the Car Sharing Agreement, any listing of the vehicle on the Platform, Host’s posts on Platform and/or or a Guest’s use of vehicle pursuant to the Car Sharing Agreement.

Guests’ Warranties:

Each Guest represents and warrants that:

• The Guest is above the legal driving age requirement as per rules, regulations and laws in India and has a valid driving license for the use and operation of the vehicle in accordance with requirements of applicable laws.

• The Guest has the full legal right, capacity, power, and authority to enter into and execute the Car Sharing Agreement, these Host T&Cs and the Governing Policies and be contractually bound by and comply with all rights and obligations contracted under each of these documents.

• There is no action, investigation, or other proceedings of any nature whatsoever, by any governmental authority or third party against the Guest, which would restrain, prohibit, or otherwise challenge the transaction as contemplated by the Car Sharing Agreement.

WARRANTIES OF SHWT

The Platform and SHWT Host Services are provided to You “AS IS”. We make no representations regarding the use of or the result of the use/depiction of the contents on the Platform in terms of their correctness, accuracy, reliability, or otherwise. SHWT shall not be liable for any loss suffered in any manner by the User as a result of depending directly or indirectly on the depiction of the content on the Platform.

You acknowledge that the Platform is provided only on the basis set out in the Governing Policies. Your uninterrupted access or use of the Platform and SHWT Host Services on this basis may be prevented by certain factors outside Our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on the Platform.

SHWT shall have the right, at any time, to change or discontinue any aspect or feature of the Platform, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Platform may discontinue disseminating any portion of information or category of information. SHWT does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Platform.

The postings on the Platform or on social networking sites, including the Platform’s Facebook page, or any information provided over chat or e-mails exchanged with SHWT, its employees or representatives (collectively referred to as “Information”) which are in furtherance of any communication made by the User with SHWT, its employees or representatives is based on the background provided by the User. While SHWT takes reasonable care to ensure that the Information is accurate, SHWT makes no representation and takes no responsibility for the accuracy, completeness, appropriateness, or usefulness of the Information. In the event any User relies on the Information provided by SHWT or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will SHWT, its employees, representatives or affiliates be liable for the Information or the consequences of relying on such Information.

USERS’ INDEMNITIES

During the subsistence of the Car Sharing Agreement and/or these Host T&Cs, both parties i.e., the Hosts and the Guests shall at all times, indemnify, defend, hold harmless and keep indemnified, SHWT, its parent and affiliates and their respective directors, officers, employees, shareholders, agents, attorneys, assigns and successors-in-interest (“SHWT Group”) against all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses arising out of or attributable to:

• any losses, costs, charges or expenses (including between attorney and Guest and costs of litigation) or outgoings which SHWT shall certify as sustained or suffered or incurred by SHWT or any member of SHWT Group as a consequence of occurrence of default under the Car Sharing Agreement, these Host T&Cs and/or the Governing Policies.

• any loss, cost, charge, claim, damage, expense or liability that SHWT or any member of SHWT Group may suffer as a result of any representation or warranty made by the parties in connection with the Car Sharing Agreement, these Host T&Cs and/or the Governing Policies being found to be materially incorrect or misleading.
• any losses, claims, damages, expenses, liability for any death, injury or damage to any person or property that SHWT or any member of SHWT Group may suffer/ incur arising directly or indirectly from the listed vehicle or its use under the Car Sharing Agreement, whether caused wilfully or as a result of rash and negligent driving or any malicious act.
• any claim for breach of intellectual property rights arising in connection with the SHWT Host Services and/or any other services provided by SHWT or any member of SHWT Group.

• liability and costs incurred by SHWT group in connection with any claim arising out of Your use of the platform or otherwise relating to the business We conduct on the platform (including, without limitation, any potential or actual communication, transaction or dispute between You and any other User or third party), any content posted by You or on Your behalf or posted by other Users of Your account to the website, any use of any tool or service provided by a third party provider, any use of a tool or service offered by Us that interacts with a third party website, including without limitation any social media site or any breach by You of these terms or the representations, warranties and covenants made by You herein, including without limitation legal fees and costs.

Each of the above indemnity is a separate and independent obligation and continues after termination of these Host T&Cs. The Users also covenant to cooperate as fully as reasonably required in the defence of any claim. Further, SHWT hereby reserves the right, at Our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without Our written consent.

TERMINATION OF HOST T&CS / SHWT HOST SERVICES OR THE CAR SHARING AGREEMENT

These Host T&Cs shall continue to apply and shall remain valid till the time the concerned party continues to use SHWT Services through its Platform or is terminated by either You or SHWT (“Term”).

If You want to terminate these Host T&Cs, You may do so by (i) not accessing the Platform or the SHWT Services; or (ii) closing Your account on the Platform for all of the bookings of vehicles, as applicable, where such option is available to You, as the case may be; or (iii) discontinuing any further use of the Platform. Any such termination shall not cancel Your obligation to pay for the SHWT Services and/or any other services already obtained from Us and/ the Platform or affect any liability that may have arisen under the Governing Policies.

Additionally, SHWT shall have the sole discretion to suspend or terminate these Host T&Cs and discontinue SHWT Services and/or services provided by Us (through the Platform or otherwise) by providing 30 (Thirty) days’ prior notice to You. However, We may, at any time, with or without notice, suspend or terminate these Host T&Cs and SHWT Services if:

• We are required to do so by law (for example, where the provision of the SHWT Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies.
• The provision of the SHWT Services to You by SHWT is, in Our sole discretion, no longer commercially viable to us.
• The User fails to make any of the payments or part thereof or any other payment required to be made to SHWT hereunder and/or in respect of the SHWT Services, or any other service provided by SHWT when due and such failure continues for a period of 15 (Fifteen) calendar days after the due date of such payment.
• The User fails to perform or observe any other covenant, conditions, or agreement to be performed or observed by it under any of the Governing Policies or in any other document furnished to SHWT in connection herewith.
• Termination of the listing or the booking on account of any wrongdoing of either party and/or violation of any terms, conditions and obligations of this Host T&Cs and/or the Governing Policies.
• The vehicle is being used for a Prohibited Use, as determined by Us in Our sole discretion.
• SHWT has elected to discontinue, with or without reason, access to the Platform and/or the SHWT Services (or any part thereof).
• In the event SHWT faces any unexpected technical issues or problems that prevent the Platform, the SHWT Services, and/or any other services provided by SHWT from working.
• Any other similar unforeseen circumstances.

Termination of Car Sharing Agreement by the Host/Guest:

Both the Host and the Guest may terminate the Car Sharing Agreement as per the terms of the Car Sharing Agreement.  

Effects of Termination:

In case of termination of these Host T&Cs or completion of a booking, in accordance with the terms hereunder and the Governing Policies:

• The Guest shall promptly and without delay return the vehicle to the Host, as per the vehicle return / repossession terms mentioned herein.

• The Guest shall pay, the outstanding Booking Fee (together with all late payment/charges thereon) and other unpaid sums/charges/costs payable by the Guest under these Host T&Cs and Governing Policies.

• The Host shall pay any outstanding amounts due payable by the Host under these Host T&Cs and Governing Policies.

• The Host shall upon termination make its vehicle available to SHWT for removal of the In-Vehicle Devices, failing which SHWT shall have the right to recover the In- Vehicle devices as per the clause mentioned above (“Recovery of In-Vehicle Devices”).

• Upon the return of the vehicle, the Guest shall be repaid the advance Booking Fee if any, paid by the Guest for the unexpired period of the booking period to the Guest subject to adjustment against other outstanding payable of the Guest for the booking made by him/her;  

• Upon termination of these Host T&Cs either You or SHWT, You must promptly destroy all materials downloaded or otherwise obtained from the Platform, as well as all copies of such materials, whether made under the Governing Policies or otherwise.

RECOMMENDATION OF PLATFORM

Any recommendation made to You on the Platform during the course of Your use of the Platform is purely for informational purposes and for Your convenience and does not amount to endorsement of the SHWT Host Services by SHWT or any of its associates in any manner.

USER CONTENT

The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to Us (“User Content”), are entirely Your responsibility and We will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as Yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating, or sharing any information that:

• belongs to another person and to which the User does not have any right to;
• is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• harms minors in any way;
• infringes any patent, trademark, copyright, or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonate another person;
• contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource; and/or
• threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

SHWT shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. SHWT does not endorse or control the User Content transmitted or posted on the Platform by You and therefore, accuracy, integrity or quality of User Content is not guaranteed by SHWT. You understand that by using the Platform, You may be exposed to User Content that is offensive, indecent, or objectionable to You. Under no circumstances will SHWT be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by You as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Platform. You hereby waive all rights to any claims against SHWT for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You hereby acknowledge that SHWT has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, SHWT has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any Users who violate these Terms and Conditions or infringe the rights of others.

If You wish to delete Your User Content on Our Platform, please contact Us by email at Host.support.in@SHWT.com and request You to include the following personal information in Your deletion request: first name, last name, User name/screen name (if applicable), email address associated with Our Platform, Your reason for deleting the posting, and date(s) of posting(s) You wish to delete (if You have it). We may not be able to process Your deletion request if You are unable to provide such information to us. Please allow up to 30 (thirty) business days to process Your deletion request.

INTELLECTUAL PROPERTY RIGHTS

The “SHWT” name and logo and all related product and service names, design marks and slogans are the trademarks, logos, or service marks (hereinafter referred to as “Marks”) of SHWT India Private Limited. All other Marks provided on the Platform are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Platform. Access to the Platform does not authorize anyone to use any Marks in any manner. Marks displayed on the Platform, whether registered or unregistered, of SHWT or others, are the intellectual property of their respective owners, and SHWT shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

SHWT and its suppliers and licensors expressly reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software, and other materials, which appear on the Platform, including its looks and feel. The compilation (meaning the collection, arrangement, and assembly) of the content on the Platform is the exclusive property of SHWT. Consequently, the materials on the Platform shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed, or modified in whole or in part or in any other form whatsoever, except for Your personal, non-commercial use only.

No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing, or modifying.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips, and written and other materials that are part of the Platform (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Platform for Your personal use only. We also grant You a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Platform for personal, non-commercial use only. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on the Platform is strictly prohibited. Unless SHWT explicitly provides to the contrary, all Contents are trademarked, trade dressed and/or other intellectual property owned, controlled, or licensed by SHWT, any of its affiliates or by third parties who have licensed their materials to SHWT and are protected under Indian Intellectual Property Laws.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

PLEASE NOTE THAT SHWT HOST SERVICES ARE INTENDED TO BE USED TO FACILITATE THE SHARING OF VEHICLE BY THE HOST AND TO THE GUEST. SHWT CANNOT AND DOES NOT CONTROL THE CONTENT IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY VEHICLE LISTED ON THE PLATFORM. SHWT IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO, ANY AND ALL LISTINGS, BOOKINGS AND THE VEHICLE. ANY SHARING OF THE LISTED VEHICLE UNDER THE CAR SHARING AGREEMENT OR OTHERWISE WILL BE DONE ENTIRELY AT THE GUEST’S AND HOST’S OWN RISK. SHWT SHALL ALSO NOT BE RESPONSIBLE FOR ANY TOTAL LOSS/THEFT CLAIMS UNDER TRIP PROTECTION PLAN FOR RETIRED VEHICLES.

THE PLATFORM IS PRESENTED “AS IS”. NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE PLATFORM OR ANY OF THE CONTENT, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PLATFORM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE PLATFORM; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE PLATFORM, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES;

(f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF SHWT. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PLATFORM OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR CLAIMS THAT ARE COVERED UNDER THE AMBIT TRIP PROTECTION PLAN OUR MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIMS WHATSOEVER, SHALL NOT EXCEED INR 10,000/-

SHWT MAKES NO CLAIM WITH RESPECT TO THE EFFICACY OF THE METHODOLOGY AND THE OUTCOME OF THE PRODUCTS AND SERVICES MAY VARY FROM USER TO USER. THE USER USES THE PRODUCT AND SERVICES AT THEIR OWN RISK.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE PLATFORM OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN 1 (ONE) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE PLATFORM, TERMINATION OF YOUR USE OF THE PLATFORM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN SHWT AND THE USERS OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THESE HOST T&CS AND/OR SHWT HOST SERVICES AND/OR ADD-ON SERVICES AND/OR ANY OTHER SERVICES PROVIDED BY SHWT THROUGH THE PLATFORM OR OTHERWISE. THE TERMS OF THIS CLAUSE SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE HOST T&CS.

LINKS AND THIRD-PARTY SITES

References on the Platform to any names, marks, products, or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You. This does not in any way constitute or imply SHWT endorsement, sponsorship, or recommendation of the third party, information, product or service or any association and relationship between SHWT and those third parties.

SHWT is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such sites. If You decide to link to any such third-party websites, You do so entirely at Your own risk. SHWT does not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Platform. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions.

You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that You visit via the Platform.

GOVERNING LAW AND JURISDICTION

These Host T&Cs shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Bangalore shall have exclusive jurisdiction.

Any dispute or difference either in interpretation or otherwise, of these Host T&Cs and/or the Governing Policies, shall be referred to an independent arbitrator who will be appointed by SHWT and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat of arbitration shall be held in Bangalore.

Without any prejudice to particulars listed in clause above, SHWT shall have the right to seek and obtain any injunctive, provisional, or interim relief from any court of competent jurisdiction to protect its Marks or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

PLATFORM SECURITY

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation,

• accessing data not intended for You or logging onto a server or an account which You are not authorized to access;
• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• attempting to interfere with service to any other User, Host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”
• sending unsolicited email, including promotions and/or advertising of products or services; or
• forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

SHWT is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from SHWT on the Platform and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

SEVERABILITY

If any part of these Host T&Cs is determined to be invalid or unenforceable pursuant to applicable law including or be so held by any applicable arbitral award or court decision, but not limited to, the warranty disclaimers and liability limitations set forth above, then such unenforceability or invalidity shall not render these Host T&Cs unenforceable or invalid as a whole.

Rather the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Host T&Cs shall continue to be in effect.

ENTIRE AGREEMENT

Unless otherwise specified herein, the Governing Policies constitute the entire agreement between You and SHWT with respect to the Platform and the SHWT Host Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

CORRESPONDENCE ADDRESS/ NOTICES

Unless specifically provided otherwise, any notice or demands required to be given herein shall be given to the parties hereto in writing and by either Registered Post Acknowledged Due, e-mail or by hand delivery at the addresses as mentioned below:

SHWT India Private Limited,

1st Floor, Anjaneya Techno Park, No.147,

HAL Old Airport Road,

ISRO Colony, Kodihalli, Bangalore-560008

Email id: Host.support.in@SHWT.com 

Contact No: 0806-897-2200

Communication generated by SHWT on the Users’ mobile number will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

WAIVER

Our failure to require Your performance of any provision hereof shall not affect Our full right to require such performance at any time thereafter, nor shall Our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

ASSIGNMENT

The Users shall not be entitled to assign (in whole or in part) these Host T&Cs or any of their rights or obligations hereunder, without prior written consent of SHWT, which may be given at SHWT’s own discretion. SHWT shall have the right to assign (in whole or in part) these Host T&Cs, or obligations of SHWT. In such an event, the Users shall perform their respective obligations under or pursuant to these Host T&Cs qua such assignee.

FORCE MAJEURE

These Host T&Cs and its performance by SHWT or the Users shall be subject to force majeure. If performance of any service or obligation under the terms and conditions of the Governing Policies, including these Host T&Cs or other third parties in fulfilment of transaction (for e.g. home deliveries of vehicles, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, pandemic, epidemic, lockdown, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this Clause;

And which are beyond the reasonable commercial control of SHWT or its third parties performing such services as sub-contractor to SHWT and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then SHWT shall be excused from such performance to the extent of and during the period of such Force Majeure Event. For the avoidance of doubt, a Force Majeure Event shall exclude any event that a party could reasonably have prevented by testing, work-around, or other exercise of diligence. If the period of non-performance exceeds 60 (Sixty) days from the receipt of written notice of the Force Majeure Event, either SHWT or the User may by giving written notice terminate these Host T&Cs.

GENERAL

Nothing contained in these Host T&Cs and/or Governing Policies shall be construed as creating any agency, partnership, or other form of joint enterprise between SHWT and the Users.

If You have any questions regarding these Host T&Cs, please email Us at Host.support.in@SHWT.com

ANNEXURE I

 MAINTENANCE STANDARDS FOR HOST VEHICLES

Your vehicle must follow all laws and regulations for safety, condition, and operation. You should get a vehicle mechanical and safety inspection at least once a year. An inspection would include the vehicle's most critical safety items including brakes, steering parts, tires, and lights. The complete maintenance requirement list is as follows:

 

Sr No.	Maintenance Requirement
1.	Legal Requirement: RC Copy. Comprehensive Insurance. Valid Fitness Certificate Requisite Registration under the Rent-A-Cab Scheme, 1989 (“RAC”) First-Aid Box
2.	Brake tests: Parking brake Service brake, 3mm or more (25% of the life of the brakes or more, typically).
3.	Exhaust system: Undamaged exhaust system components/muffler. No visible blue or black smoke.
4.	Steering and suspension: Steering wheel and box Suspension/front end Springs Shocks Vehicle height
5.	Horn: Sound horn to test for adequate signal. The horn must be securely fastened to the vehicle.
6.	Glazing, glass, and windshield wipers: Windshield, no cracks; no chips in the line of sight Windshield wipers and washer in working order Windows, no cracks Tint to legal specifications
7.	Engine and powertrain: Engine, including all subcomponents Cooling system Lubrication system Electrical and electronic management systems Transmission, including clutch, torque converter, and similar components. All fluids and lubricants No check engine light, warning lights, or recalls
8.	Visibility and lighting devices: Headlight aim Headlights and rear lights working, no bulbs burned out Hazard lights, directionals/stop/reverse lights, and license plate light(s) Reflectors Rearview mirror Mirrors (general)
9.	Tyres and wheels: 4/32” or greater tread depth (50% or higher of tread, typically) Six years old or newer No cuts, gouges, bulges, or bubbles in the sidewall
10.	Seat belts and airbags: Seat Belts in all the Driver and Passenger seats intact and usable condition No airbag warning lights or recalls No safety restraint system (SRS) or occupant classification system (OCS) warning
11.	Body, including all seals and panels: No hanging body panels No damage to the floor pan, cowl panel, or structural pillars.

 

Last Updated - 07 October 2025

At SHWT, your trust is our most valuable asset and we are committed to protecting your privacy. This Privacy Policy explains how SHWT India Private Limited (“SHWT”, “We”, “Us”, or “Our”) collects, uses, shares, and safeguards your personal data when you interact with our platform on our website www.SHWT.com, services, mobile applications, and other digital interfaces (“Platform”)—whether as a Host, Guest, or Visitor.

We understand the importance of secure transactions and transparent data practices. Whether you're browsing, booking, or listing a vehicle as a Guest or Host, we want you to feel confident in how your data is handled.

This Policy outlines:

• What types of personal data we collect and why
• How we store, process, and share this data
• Your rights and choices regarding your data
• How to contact us in case of questions or concerns

By visiting or using the Platform, providing your information, or availing of any service, you expressly agree to the terms of this Privacy Policy, along with our Terms and Conditions and other applicable policies available on the Platform. Please note, SHWT’s products and services are offered only within India, and your personal data will be processed and stored in India at our registered office: No. 147, 1st Floor, Anjaneya Techno Park, HAL Old Airport Road, Kodihalli, Bangalore, Karnataka - 560008.

 

1. Collection and Use of Personal Data

To deliver a safe, reliable, and seamless experience across SHWT's Host-Guest ecosystem, we collect and use various categories of personal data from users interacting with our platform, services, or vehicles (“You”, “Your”, “User”). The types of data we collect to operate and improve our services efficiently and securely in compliance with applicable laws, including the Digital Personal Data Protection Act, 2023 and the reasons for such collection are detailed below.

a. Information You Provide

We collect the following types of personally identifiable information when you create an account, book a trip, list a vehicle, update your account profile, contact customer support, participate in referrals or reward programs or otherwise interact with the SHWT Platform:

• Identity & Contact Information: Full name, email address, mobile number, photograph, gender, date of birth, and postal address(es).
• Government ID & KYC: Aadhaar, Driving License, or other government approved identification/address proof documents
• Vehicle Information: Applicable only to Hosts

• Mandatory: Registration Certificate (RC) and valid comprehensive insurance of the vehicle.
• Based on Applicability: Other documents such as the Pollution Under Control (PUC) Certificate, and applicable permits.

• Financial & Payment Data: PAN, bank account details, UPI/credit/debit card details (as required), cancelled cheque (as and when applicable) and transaction histories.
• Professional Data (for corporate users or business partnerships): KYC details of authorised signatories/representatives, business registration, GST, TAN, and associated entity records.
• Miscellaneous: Any other items of sensitive personal data or information, as such term is defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011 enacted under the Information Technology Act, 2000.

You voluntarily consent to the collection and processing of your personal data when you register on or use the SHWT Platform. Such usage shall be deemed as your consent for the purposes specified under this Privacy Policy and our Terms of Use.

In certain cases, where additional permissions are required (e.g., for accessing your mobile device’s location), your explicit consent at the time of activation will be treated as valid consent under applicable laws.

b. Information We Collect

When you access the SHWT platform or use our services, we may automatically collect certain technical and behavioural information. Where this data is or can reasonably be linked to your identity (e.g., via account login, device ID, IP address), we classify it as personal data. This includes:

• Device & App Usage Data: Device type, operating system, IP address, browser type, language preferences, unique device identifiers (IMEI, MAC, etc.), crash logs, and app interaction data tied to your user account.
• Cookies & Web Beacons: Session cookies and analytics tools that collect behaviour linked to your user profile or IP address. Used for session management, analytics, personalized content delivery, and fraud detection. You can manage these via your browser settings.
• Platform Navigation: Session timing, viewed pages, clicks, search terms, interaction patterns, referral URLs, and exit paths tied to your login session, to optimize user experience.

• Location Data: If you have granted permission, GPS-based real-time or one-time location, linked to your ongoing booking (outlined under “Location Data & Trip Monitoring”) will be collected.

Note: Some of this data may also be collected in a de-identified or aggregated manner. In such cases, it is addressed under Section 3 titled “Collection and Use of Non-Personal Information”.

c. Location Data & Trip Monitoring (User Device and Vehicle Hardware-Based)

With your explicit consent and the type of access you grant, we collect real-time location data during the course of active trips to ensure safe, transparent, and accountable trip experiences. Location tracking will occur through the following mechanisms:

• User Device-Based Tracking

When you begin a trip, we will request access to your device’s location depending on the consent you provide within the app:

• One-Time Access captures only the pickup and drop coordinates (Trip Start and End).
• Continuous Access enables live location tracking throughout the trip duration to assist with real-time route monitoring, delay detection, and in-trip safety events. This tracking begins at the trip start time and ends automatically once the vehicle is returned.You may withdraw consent at any time by disabling app-level location permissions in your device settings.

• GPS Tracker-Based Tracking (Host Opt-In Model)

If the vehicle you have booked is equipped with a GPS device or telematics device installed by us (with the Host’s consent at the time of onboarding), we will also collect vehicle-based location data during the trip. The type of device installed may vary depending upon various factors such as business requirements etc., and we may periodically replace or upgrade these devices to support evolving service features and system capabilities. These devices may collect:

• Live Location & Route History: Captured for safety support, trip monitoring, theft recovery, and operational efficiency.
• Vehicle Diagnostics: Includes ignition status, and fault codes.
• Driving Behaviour: Speed motions, braking, idling, and acceleration to prevent misuse and improve experience.
• Tamper Alerts & Immobilizer Control: Some vehicles may be equipped with telematics devices that support tamper detection and remote immobilization. In such cases, if interference with the device is detected, we may receive alerts and, where required, initiate immobilization to enforce trip rules or assist in vehicle recovery. This feature is dependent on the type of device installed and is not accessible to Hosts.

The installation of GPS tracking hardware is fully optional and activated only after the Host provides express consent during the vehicle onboarding process. This vehicle-fitted GPS system does not track users outside the booking period and is disabled post-trip.

Your location derived from either of the methods or both will be used to:

• Ensure safety and provide enhanced trip monitoring and geofencing logic.
• Help in detecting route deviation and locating the vehicle during delays or emergencies.
• Assist in real-time road-side assistance, accident response, or recovery.
• Verify return timelines and prevent misuse through anti-theft alerts.
• Provide retrieval support in case of system failures or mobile app uninstalls.

In case of critical delays or suspected safety concerns, we may share Guest location with the associated Host, strictly for security purposes.

In both cases, any collected location data is securely stored for up to 6 months to resolve post-trip disputes, incidents, or legal queries (e.g., challans or accident reporting), after which it is automatically deleted. We may be required to retain some portions of this data under applicable laws for longer periods.

You may withdraw consent anytime via your device's location settings. However, denying or withdrawing location access may limit or prevent use of certain services, including initiating a booking.

Note: Zoomcar does not track your live location outside the trip window.

d. Third-Party Source Data

Where permitted by law or necessary for operations, to verify your identity, validate documents, ensure regulatory compliance, and safeguard platform integrity, we may collect or supplement your personal data from third-party sources in accordance with applicable laws. These third-party sources may include, but are not limited to:

• Government & Regulatory Portals

We may retrieve information from publicly accessible government databases such as:

• VAHAN/RTO portals for vehicle registration, chassis verification, or permit status checks.
• GSTN Directory (in case of Fleet Operators) to verify business registration.
• UIDAI (Unique Identification Authority of India): To validate identity and address information linked to Aadhaar, subject to applicable laws and user consent.

• Public Legal and Law Enforcement Records

We may consult publicly disclosed traffic violation/challan portals, or consumer complaints if relevant to the performance of a booking or associated legal risk.

• Public Business or Professional Listings

Where required for fraud prevention or business onboarding, we may validate information made public on:

• Official company websites.
• Business aggregators.
• Voluntarily disclosed professional profiles (e.g., LinkedIn, JustDial, Google Business).

• Third-Party KYC, Insurance, and Verification Services

We may partner with regulated and government-affiliated third-party service providers for KYC, document verification, driving license validation, or biometric checks (if legally permitted and explicitly consented to by the user). These service providers are contractually bound to handle your data securely and only for the specified purpose.

2. Purpose for Collection of Your Personal Information

We collect, use, and retain your personal data strictly for purposes that are lawful, proportionate, and necessary to deliver and improve our services. The key purposes for processing your data include:

a. Communication, Booking and Service Fulfilment

• To register you as a user – Host or Guest on the SHWT Platform.
• To enable vehicle listings, bookings, and subscription-based services.
• To collect, verify, and authenticate your identity and eligibility (KYC).
• To process payments, refunds, or claims.
• To generate and share invoices and transaction records.
• To contact you via phone, SMS, push notifications, email, or WhatsApp for service updates, confirmations, feedback, dispute resolution, and booking lifecycle events.
• To respond to your feedback, complaints, and support requests in a timely and contextual manner.

b. Real-Time Support & Location-Based Services

• To provide customer support during your booking lifecycle.
• To assist with in-trip issues such as delays, breakdowns, fuel emergencies, or accidents.
• To allow live GPS-based location tracking (via device and/or Host-installed GPS hardware) for:

• Route navigation and pickup/drop verification.
• Delay detection and Host notification.
• Ensuring your safety and facilitating roadside assistance.

• To share location data with law enforcement, insurance agencies, Hosts, or third parties only in accordance with your consent or applicable law.

c. Host & Guest Vetting and Compliance

• To verify ownership of the Host vehicle, emission certificate, etc.
• To validate driving license and vehicle records from government-authorized sources.
• To conduct background checks, blacklist screenings, or fraud checks (directly or via regulated third parties).
• To monitor compliance with platform policies and the Motor Vehicles Act, 1988.

d. Marketing, Personalization & Platform Optimization

• To send transactional alerts, payment reminders, and promotional offers.
• To personalize your user experience based on your past usage, location, preferences, or profile.
• To analyse trends, improve services, optimize pricing, and reduce cancellations.
• To enable referral programs, loyalty schemes, and user rewards.

Note: You may opt out of marketing communications at any time through your app preferences.

e. Security, Fraud Detection & Risk Management

• To identify and prevent unauthorized or suspicious platform usage.
• To monitor IP address, device identifiers, access time logs, and geo anomalies.
• To flag repeat cancellations, tampering, damage, or account misuse.
• To trigger risk alerts for payment fraud or unauthorized access.
• To maintain platform hygiene and integrity across Host and Guest accounts.

f. Legal, Regulatory, and Contractual Obligations

• To comply with applicable laws including the DPDP Act, 2023, the Information Technology Act, 2000, and the Motor Vehicles Act, 1988.
• To process personal data for insurance claims, police investigations, or court directives.
• To respond to lawful requests from enforcement authorities and to protect our rights, property, or user safety.
• To facilitate audits, compliance reviews, or tax/regulatory reporting requirements.

g. User Consent and Platform Integrity

• To ensure your choices are respected through clear, unbundled consent notices.
• To record, track, and honour your preferences and opt-out requests.
• To store device- and session-level permissions for sensitive actions (e.g., location access).

h. Image, Camera Access, and Media Inputs

• When you use our camera-enabled features — such as uploading your profile photo, capturing documents for KYC, recording vehicle condition, or submitting photos/videos during disputes or damage claims — we collect and process these media inputs to fulfil your requests. This helps us verify your identity, evaluate vehicle health, investigate complaints, and improve platform reliability.
• Your media files are used only for the intended service context and are stored securely, in accordance with our data retention policy.

Note: Your data will only be processed for purposes for which you’ve given explicit consent or where required under a legitimate legal basis. You may withdraw your consent at any time via app settings or by contacting our Grievance Officer. Upon withdrawal, we will restrict or cease further processing of your data unless legally required to retain it.

3. Collection and Use of Non-Personal Information

In addition to personal data, we may collect, receive or use a variety of non-personal information to improve platform performance, personalize user experience, ensure platform security, and support analytics and advertising services. Such data will continue to be classified as non-personal unless or until it is linked to an identifiable individual.

a. Technical and Operational Usage Data

We collect limited technical and operational data through your interaction with our platform, mobile application, or services. This may include information that, while not actively used to identify you, may still be linked to your account or device in some cases. Such data includes:

• Aggregated insights from anonymized user activity (e.g., demographic stats, total page views, heat maps, feature usage trends) to produce statistical insights, audience segments, and trend analyses.
• Technical telemetry not linked to a user account (e.g., app crash logs without login, session diagnostics).
• Pixel and cookie data for session tracking and performance where no account is logged in.
• De-identified navigation trends such as total page views or usage patterns.
• Network and app performance data required to maintain service availability and troubleshoot issues..

Such data is used to analyse usage patterns, optimize platform performance, improve user experience, and inform business decisions.

Note: While some data may not be directly used to identify individuals, we do not currently implement full anonymization or irreversible de-identification processes. Accordingly, such data may still be considered personal data under applicable laws and will be subject to protections set forth in this policy.

 b. Cookies and Similar Tracking Technologies

We use cookies, pixels, SDKs, and similar tracking technologies provided by SHWT or authorized third-party service providers (e.g., Google Analytics, Meta and others) to collect data about user interactions. These tools help us:

• Measure user engagement and product performance.
• Remember your preferences and login sessions.
• Serve you relevant ads based on behaviour.
• Improve navigation experience on mobile/web.

You may manage your cookie preferences through browser/written requests. Please note that disabling certain cookies may impact platform functionality.

c. Use of Non-Personal Information

SHWT uses non-personal information for the following purposes:

• To conduct internal research, performance audits, and A/B testing.
• To personalize in-app recommendations and push notifications.
• To detect unusual patterns, system abuse, and fraud.
• To enhance content placement, pricing experiments, and referral program tracking.
• To monitor service usage and feature adoption.
• To improve user experience through navigation and UX refinements.

d. Sharing of Non-Personal Information

We may share aggregated or anonymized non-personal information with:

• Advertisers to help them understand user trends.
• Analytics and marketing partners for campaign optimization.
• Research collaborators for mobility insights and transport studies.
• Third-party platforms for interest-based ad targeting.

However, we do not sell, license, or share any data that can directly or indirectly identify a user unless required under law.

e. Respecting Your Choice

You may limit or disable cookie-based tracking through your browser settings; however, full opt-out from certain tracking mechanisms and ad personalization on our platform is currently supported only via written requests. If you wish to opt out of such tracking or learn more about how your non-personal information is used, you may write to us at grievance.officer@SHWT.com.

 4. Sharing of Personal Data

We may share your personal data under the following circumstances, with appropriate safeguards, and only to the extent necessary for the fulfilment of lawful and service-related purposes:

a. Service Providers and Business Partners

We may share your data with trusted third-party service providers who perform services on our behalf. These include payment processors, cloud infrastructure providers, analytics platforms, advertising partners, customer support vendors, and SMS/email service providers. All such entities are bound by strict confidentiality and data protection obligations aligned with this policy.

b. Vehicle Owners (Hosts) and Guests

In the course of providing our Host-Guest platform services, certain information will be shared between the Host and Guest to facilitate the trip experience, ensure secure and authenticated vehicle handovers, and manage accountability. This includes:

• Booking details and car information.
• Profile verification selfie submitted by the Guest (at the time of registration or KYC) with the respective Host. This is done solely to verify that the person arriving to collect the vehicle matches the individual who made the booking. This image is shared at the time of pickup and for the limited purpose of identity verification during the handover process
• Verified contact details (e.g., phone number/email) necessary for pickup or communication during emergencies.
• Live location data (only if the Guest has granted consent or in cases of delays, post-trip discrepancies, or vehicle non-return).
• Vehicle document snapshots (such as RC copy, insurance) to validate listing authenticity
  Location data may also be collected via GPS hardware installed in the Host’s vehicle if opted-in during onboarding.

c. Legal Compliance and Law Enforcement

We may disclose your personal data where required by applicable law, governmental request, legal process, or court order. This includes situations involving:

• Prevention, detection, or investigation of crime or fraud.
• Responding to traffic enforcement notices or third-party claims.
• Protection of our rights, property, or safety, or that of our users or the public
  When permitted, we will notify the user of such disclosure unless legally prohibited.

d. With Your Consent

We may share your data with third parties when you explicitly consent to such sharing. This includes participation in promotional campaigns, partnerships, or contests with third parties where you opt-in.

e. Business Transfers

In case of a merger, acquisition, reorganization, sale of assets, or bankruptcy, your personal data may be transferred to the relevant third party involved. You will be notified in the event of such a transfer along with your data rights.

f. Internal Affiliates and Group Companies

We may share personal data with our affiliates, subsidiaries, and group entities for business operations, centralized processing, fraud detection, marketing communication (where permitted), and infrastructure optimization. All such sharing is covered under group-level agreements and privacy safeguards.

Note: SHWT does not sell your personal data to any third party. All data shared is done so under contractual obligations ensuring security, non-disclosure, and lawful usage.

5. Security of Your Personal Information

We are committed to safeguarding your personal information and have implemented appropriate administrative, technical, and physical safeguards to protect your data against unauthorized access, loss, misuse, alteration, or destruction. Our security practices include:

• Encryption of data in transit using secure HTTPS and TLS protocols.
• Role-based access controls and strict internal audits.
• Periodic reviews of data collection, processing, and storage mechanisms.
• Hosting data in secure, firewall-protected infrastructure with disaster recovery protocols.

We only work with certified payment gateway providers who follow Payment Card Industry Data Security Standards (PCI DSS) when processing payments, refunds or any other relevant information.

We may share your data with third parties under confidentiality agreements. However, we are not liable for any breach of security by such third parties unless such breach arises due to our gross negligence or wilful misconduct.

You are solely responsible for safeguarding login credentials and maintaining the confidentiality of your account. We recommend that you sign off after using shared devices and avoid sharing passwords with anyone.

We shall not be liable for any loss or misuse of personal data due to events beyond our control (“Force Majeure Events”), including but not limited to: fires, floods, cyberattacks, governmental actions, internet outages, unauthorized access to computer systems, or any other cause reasonably beyond our control.

6. Retention of Data

We retain your personal data only for as long as it is necessary to fulfil the purposes outlined in this policy, including to:

• Provide and improve our services.
• Comply with legal obligations.
• Resolve disputes.
• Enforce our agreements.
• Safeguard the rights, safety, and interests of SHWT, Hosts, Guests, and the public.

Our data retention practices are purpose-specific, and the durations vary depending on the nature of the data and applicable regulatory requirements.

a. Booking & Trip-Related Data

Personal information associated with bookings (e.g., trip logs, car usage, GPS trail—if continuous tracking consent is given) is retained for a maximum of 6 months post-trip completion for dispute resolution, insurance claims, law enforcement requests, or Host-Guest conflicts. Thereafter, it is securely deleted unless retention is required by applicable law.

b. KYC, Identity & Verification Documents

Data such as Aadhar, Driver’s License, PAN, and other documents submitted for verification or onboarding (by either the Host or Guest) is stored for as long as the user remains active on the platform, and mandatorily for a minimum of 90 days post account closure, in compliance with motor vehicle and taxation regulations, unless legally required to retain for longer. 

c. Payment & Financial Records

Bank account, UPI info, and transaction logs are retained for 8 years as per financial and taxation norms (e.g., Income Tax Act and Prevention of Money Laundering Act). Tokenized card data is stored only in compliance with RBI regulations and through PCI-DSS certified vendors.

d. Consent Logs

Consent records (e.g., timestamp, method, and type of consent) are retained for at least 90 days, or longer if any associated data (such as live location tracking or camera access) is retained as per relevant requirement.

e. Communication & Support Logs

Customer support conversations, emails, and in-app chats may be retained for up to 3 years to improve service quality, track unresolved queries, or for internal audit purposes.

f. Image & Camera Inputs

Images/videos provided voluntarily through the app (for ID verification, damage reporting, etc.) are retained for a maximum of 6 months, unless a longer retention is required to address disputes or insurance claims.

g. Deletion and Anonymization

Once the retention period ends, we either:

• Permanently delete the data in a secure manner.
• Or anonymize it so that it cannot be linked back to any individual.

Upon user request, personal data will also be deleted within a reasonable timeframe, unless we are legally required to retain it.

Note: In cases where a Host or Guest has violated our terms, been reported for misconduct, or involved in legal claims, we reserve the right to retain their data beyond the above-mentioned retention period to assist with enforcement or future investigations.

7. Your Rights and Choices

SHWT is committed to ensuring transparency and giving users control over their personal data. As a data principal in line with global privacy norms, you are entitled to exercise the following rights:

a. Right to Access

You have the right to request details about the personal data we hold about you, including:

• Categories of personal information collected.
• Specific data points (e.g., contact info, KYC docs).
• Sources of data collection.
• Purpose of processing.
• Third parties or affiliates with whom data is shared.

You can raise an access request via the app or by emailing us at grievance.officer@SHWT.com

b. Right to Correction and Updating

If any of your personal data is incorrect, outdated, or incomplete, you have the right to request correction. For example, updating your:

• Email or phone number.
• KYC documents.
• Vehicle details (for Hosts).
• Payment methods.

Corrections can be made directly through your SHWT account, or via written request to grievance.officer@SHWT.com.

c. Right to Withdraw Consent

Where processing is based on your consent (e.g., location tracking, camera/image inputs, promotional communications), you may withdraw such consent at any time by:

• Adjusting app settings (e.g., disabling location permissions).
• Using opt-out links in marketing communications.
• Sending a written request to our Grievance Officer.

Note: Withdrawal of consent may prevent us from delivering key services (e.g., starting a trip without location access or completing verification without KYC), and may result in restricted access to the platform.

d. Right to Deletion

You can request that we delete your personal data when:

• The data is no longer necessary for the purposes it was collected.
• You withdraw consent for specific processing.
• You close your SHWT account.
• You believe your data has been processed unlawfully.

Upon receiving your verified deletion request, we will:

• Permanently delete your personal data within a reasonable timeframe (unless legally obligated to retain it).
• Provide you with a confirmation once deletion is completed. 

Account Deletion: If you wish to permanently delete your SHWT account, you may do so by navigating to the Settings screen from the Profile tab on the home screen of the SHWT App, and selecting the “Delete Account” option. Alternatively, you can also initiate deletion via this link: https://www.SHWT.com/users/profile#delete_account.

Please Note: Deleting your account may not remove all your User Contributions (such as reviews, ratings, feedback, etc.) from our platforms. These may continue to appear in cached or archived pages, or may have been copied or stored by other users. Proper access and use of information on our Platform, including User Contributions, will continue to be governed by this Privacy Policy.

Additionally, some data may still be retained temporarily for audit, fraud prevention, or regulatory purposes.

e. Right to Nominate

You may nominate another individual to exercise your rights in the event of death or incapacity. If you wish to add a nominee, please reach out to our Grievance Officer via email for verification and registration.

f. Communication Preferences

We provide you the flexibility to manage communication settings:

• Opt-out of marketing/promotional SMS/emails/push notifications.
• Continue receiving essential communication (e.g., booking updates, policy changes). 

You can update your preferences in-app or contact our support team.

g. Right to File a Grievance

If you have any concerns regarding our handling of your data, you can raise a grievance with our designated Grievance Officer (detail provided at the bottom),

8. Children’s Information

SHWT does not knowingly collect or solicit personal information from individuals below the age of 18. If you believe a child has provided us personal data without verified parental consent, please contact our Grievance Officer at the details provided below.

If you provide personal data on behalf of a minor (as a parent or legal guardian), you represent that you have the authority to do so and agree to our use of such data in accordance with this Privacy Policy.

9. Miscellaneous

SHWT shall not be held liable for any delay or failure in performing its obligations under this Privacy Policy if such delay or failure is caused by any Force Majeure Event. Force Majeure Event shall mean any event that is beyond the reasonable control of SHWT and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond reasonable commercial control of SHWT), power or electricity failure or unavailability of adequate power or electricity.

10. Updates to this Privacy Policy

SHWT reserves the right to revise this Privacy Policy from time to time to reflect changes in legal obligations, service features, or data processing practices.

When significant changes are made, we will notify you by updating the “Last Updated” date at the top of this document, displaying a prominent notice on our Platform, or sending an email notification if required by applicable law.

We encourage you to review this Policy periodically. Your continued use of our services after the changes become effective signifies your acknowledgment and acceptance of the updated terms.

 For more details or queries please feel free to reach out to our Grievance Officer:

Name: Mohit Kumar

Email: grievance.officer@SHWT.com

Response Time: Within 7 business days

SHWT GIFT CARDS

Terms and Conditions for purchase and  redemption

1. These Terms & Conditions include specific conditions applicable to the purchase and usage of SHWT Gift Cards. These SHWT Gift Cards are pre-paid gift vouchers issued by SHWT for purchase of ZCash for usage on SHWT Platform (“ZC Gifts Cards”). Upon purchase of such ZC Gifts Cards, the corresponding ZCash will be credited to the Guest’s SHWT Wallet.

2. Redemption Rate: A single ZCash shall be equivalent to INR 1 (one rupee). For example  if you purchase a ZC Gift Card for INR 4750 you shall receive ZCash worth INR 4750 and so on and so forth.

3. Services: The Guests may use these ZCash for availing the SHWT Host Services for self-drive and subscription vehicles.
4. Limitations: 

1. These ZC Gifts Cards are non-refundable, non-returnable, and non-negotiable once purchased.
2. While these ZC Gift Cards maybe bought by anyone these are only redeemable through unique codes applicable to each of the ZC Gift Card. Once redeemed the ZCash from the ZC Gift Card in non-transferrable.
3.  These ZC Gift Cards are redeemable only on the SHWT Website and App and cannot be used for any other purposes.
4.  These Vouchers cannot be utilized to pay for trip protection fee or platform fee.

5. Applicability: These ZC Gifts Cards and corresponding ZCash are redeemable for bookings made throughout the territory of India.

6. Usage Limit: The Guest may avail the entire ZCash from such ZC Gifts Cards for a single booking at once. Such ZCash can be used simultaneously with any ZCredits available to you on your Profile.

7. Validity: The ZC Gift Card as well as ZCash added to the Guest’s wallet upon purchase /redemption shall remain valid for one (1) year. Any outstanding balance from these ZC Gift Cards are non-refundable and will expire upon completion of one year from the date of purchase of ZC Gift Cards and subsequent unutilized ZCash in your account/profile.

8. Cancellations: In the event of any booking cancellations made by the Guests, the ZCash that were utilized by the Guest in such booking will be refunded back to the Guest’s account after taking into account the penalties or deductions for such cancellation as outlined under the SHWT Host Services Terms and Conditions.

9. SHWT may alter, replace, or withdraw these terms and conditions or the ZC Gift Cards and ZCash at any time without notice.

10.  Claims and Disputes: Any issue or claim related to these ZC Gift Cards must be escalated directly to SHWT by raising your requests through our Help Section on SHWT website and app, without involving any third party. Disputes related to the ZC Gift Cards shall be subject to the exclusive jurisdiction of the courts in Bangalore.

11. The decision of SHWT in all matters in connection with and incidental to ZC Gift Cards is final and shall be binding on all persons.

12. The Guests shall be deemed to have read, understood and accepted these terms and conditions, and the terms of use of ZC Gift Cards before availing themselves of the benefit.

13. SHWT, reserves the right to disqualify any Guests from the benefits of the ZC Gift Cards if any fraudulent activity is identified as being carried out for the purpose of availing the benefits under the ZC Gift Cards.

14. Any bookings made by the Guest shall be governed by the SHWT Host Services Terms and Conditions