Terms of Service

1 Acceptance of Terms

By downloading, installing, accessing, or using the TrishaGo application, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy and any other policies referenced herein.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and ITGAI Technologies ("TrishaGo," "we," "us," or "our").

2 Eligibility Requirements

To use TrishaGo services, you must meet the following requirements:

• Age: You must be at least 18 years of age
• Driving License: You must possess a valid Indian driving license appropriate for the vehicle type you wish to rent (two-wheeler license for bikes/scooties)
• Original Documentation: You must carry your original driving license and government-issued ID at all times while using a rented vehicle
• Legal Capacity: You must have the legal capacity to enter into a binding contract
• Compliance: You must not be prohibited from using the service under any applicable law

3 User Account

3.1 Account Registration

To use TrishaGo services, you must create an account using one of the following methods:

• Google Sign-In: Quick registration using your Google account
• Mobile OTP: Register and verify using your mobile phone number

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Providing accurate, current, and complete information during registration
• Updating your information promptly if it changes

3.3 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms of Service
• You engage in fraudulent or illegal activities
• Your account remains inactive for an extended period
• We are required to do so by law

3.4 Account Deletion

You may request account deletion at any time through the app settings:

• Grace Period: Your account is scheduled for deletion in 14 days after request
• Reactivation: Logging in during the 14-day period automatically reactivates your account
• Permanent Deletion: After 14 days without login, all data is permanently deleted including booking history, wallet balance, saved favorites, and personal information

4 Vehicle Booking Process

4.1 Booking Availability

All vehicle bookings are subject to availability. Vehicle inventory displayed on the app is updated in real-time, but availability is not guaranteed until booking confirmation.

4.2 Booking Confirmation

Your booking is confirmed only after:

• Successful payment processing
• Vendor acceptance (usually within 2 hours)
• Receipt of booking confirmation via email and in-app notification

4.3 Partial Payment Structure

TrishaGo uses a two-part payment system:

• Booking Fee (Advance): Paid through the app at time of booking. This includes TrishaGo's commission and a portion of the rental fee
• Remaining Amount (Pay Later): Paid directly to the vendor at vehicle pickup in cash or as agreed with the vendor

4.4 Booking Details

Each booking includes:

• Vehicle details (make, model, registration number)
• Rental duration (start date/time and end date/time)
• Pickup and drop-off location
• Total rental cost breakdown
• Vendor contact information
• Fuel policy and mileage limits (if any)

4.5 Booking Modifications

To modify a confirmed booking (dates, vehicle type, duration):

• Contact customer support at least 24 hours before pickup
• Modifications subject to availability and may incur additional charges
• Vehicle upgrades may require additional payment
• Downgrades are processed as cancellation + new booking (refund policy applies)

5 Payments & TrishaGo Wallet

5.1 Payment Methods

All app payments are processed securely through Cashfree Payment Gateway. We accept:

• Unified Payments Interface (UPI)
• Credit and Debit Cards (Visa, Mastercard, RuPay, American Express)
• Net Banking (all major Indian banks)
• Digital Wallets (Paytm, PhonePe, Google Pay)

5.2 TrishaGo Wallet

Your TrishaGo Wallet allows you to store credits for future bookings:

• Auto-Applied: Wallet balance is automatically applied to new bookings
• Non-Transferable: Cannot be transferred to other users or withdrawn as cash
• Non-Refundable: Wallet balance cannot be refunded to your bank account
• No Expiry: Wallet credits do not expire (subject to account deletion)
• Sources: Wallet credits come from booking refunds, promotional offers, or referral bonuses

5.3 Payment Security

• We do not store your full card details or banking information
• All payment data is encrypted and handled by PCI-DSS compliant payment processors
• We use 3D Secure authentication for card transactions

5.4 Payment Disputes

If you have a payment dispute:

• Contact our support team within 7 days of the transaction
• Provide transaction details and supporting documentation
• We will investigate and respond within 5-7 business days
• For payment gateway issues, we will coordinate with Cashfree

6 Cancellation & Refund Policy

6.1 User-Initiated Cancellations

6.2 Vendor-Initiated Cancellations

If a vendor cancels your confirmed booking:

• Full Refund: 100% of booking amount refunded to original payment method
• Compensation: Additional wallet credit equal to 20% of booking amount
• Alternative: We will help you find an alternative vehicle (if available)
• Timeline: Refund processed within 3-5 business days

6.3 Refund Processing Timeline

• Wallet Refunds: Instant (processed immediately)
• Original Payment Method: 3-5 business days from cancellation date
• Bank Processing: Additional 5-7 days may be required by your bank

6.4 Partial Refunds

In cases of early return or service issues:

• Early Return: No refund for unused rental days (unless agreed with vendor)
• Vehicle Issues: Pro-rated refund if vehicle breakdown cannot be resolved within 4 hours
• Service Failure: Case-by-case assessment by customer support

6.5 Force Majeure Cancellations

In case of events beyond our control (natural disasters, government restrictions, pandemics):

• 100% refund to original payment method or wallet (your choice)
• Flexible rebooking options without additional charges
• Extended wallet credit validity

7 User Responsibilities

As a TrishaGo user, you are responsible for:

7.1 Legal Compliance

• Following all Indian traffic laws and Motor Vehicles Act regulations
• Obeying state-specific traffic rules in Uttarakhand
• Carrying valid driving license and vehicle documents at all times
• Wearing helmet (mandatory for two-wheelers in India)
• Not exceeding speed limits or rash driving

7.2 Safe Vehicle Operation

• No Alcohol/Drugs: Never operate the vehicle under the influence of alcohol, drugs, or any substance that impairs judgment
• Solo Riding: Only the registered user may operate the vehicle (unless additional riders authorized and verified)
• Passenger Limits: Do not exceed the vehicle's stated passenger capacity
• Load Limits: Do not overload the vehicle beyond manufacturer specifications

7.3 Financial Responsibilities

• Traffic Violations: You bear full responsibility and cost for all traffic challans, fines, and penalties incurred during the rental period
• Parking Fees: All parking charges are your responsibility
• Toll Charges: Highway tolls and entry fees (if applicable)

7.4 Incident Reporting

• Accidents: Report immediately (within 2 hours) to both TrishaGo support and the vendor
• Theft: File FIR at the nearest police station within 6 hours and notify us immediately
• Breakdowns: Contact vendor first, then TrishaGo support if unresolved
• Documentation: Take photos/videos of any incident or damage

7.5 Timely Return

• Return the vehicle at the agreed date, time, and location
• Notify vendor and TrishaGo if delay is unavoidable (late charges will apply)
• Return vehicle in the same condition as received (normal wear and tear accepted)

8 Vehicle Condition & Damage Policy

8.1 Pre-Rental Inspection

At the time of pickup:

• Inspect Thoroughly: Check the vehicle for any existing damage, scratches, dents, or mechanical issues
• Document Everything: Take photos/videos of the vehicle from all angles
• Report Pre-Existing Damage: Immediately inform the vendor of any damage found and ensure it is documented in writing
• Test Ride: Take a short test ride to ensure brakes, lights, horn, and controls are functioning properly
• Check Documents: Verify that insurance, registration, and pollution certificates are valid

8.2 User Liability for Damage

You are liable for any damage, loss, or theft that occurs during your rental period:

• Accidental Damage: Full repair costs for any damage caused by accidents or misuse
• Theft or Total Loss: Full market value of the vehicle (minus insurance coverage if applicable)
• Missing Parts: Replacement cost for any parts, accessories, or documents missing at return
• Normal Wear: Not liable for regular wear and tear from normal use

8.3 Damage Assessment Process

1. Vendor inspects the vehicle at return
2. If damage is found, vendor documents it with photos
3. Vendor provides repair estimate within 24 hours
4. You have 48 hours to dispute the estimate
5. If disputed, third-party assessment may be conducted
6. Final repair cost is charged to you

8.4 Damage Payment

Damage charges will be:

• Communicated via email/SMS within 24 hours of assessment
• Payable within 7 days of notification
• Automatically charged to your registered payment method if not paid voluntarily
• Subject to legal action if payment is not received

9 Fuel Policy

"Same-to-Same" Policy: TrishaGo follows a fair fuel policy:

• Pickup: Note the fuel level at the time of pickup (vendor will confirm)
• Return: Return the vehicle with the same fuel level
• Shortfall Charges: If returned with less fuel, you will be charged at applicable market rates plus a ₹50 service fee per liter shortfall
• Excess Fuel: If returned with more fuel than pickup level, no refund is provided (considered as goodwill)

10 Late Return Policy

10.1 Late Charges

If you return the vehicle after the agreed return time:

• Grace Period: 1 hour grace period (no charge)
• Hourly Charges: 1-6 hours late = 20% of daily rental rate per hour
• Full Day Charge: More than 6 hours late = full additional day rental charged
• Multi-Day Delays: Charged at the daily rental rate per day

10.2 Communication Requirements

• Inform vendor and TrishaGo support as soon as you know you will be late
• Provide estimated new return time
• Obtain approval from vendor for extended use (subject to their availability)

10.3 Excessive Delays

If the vehicle is not returned and you fail to communicate:

• 24 hours overdue: Vendor will contact you and may charge double the daily rate
• 48 hours overdue: Matter escalated to TrishaGo legal team
• 72 hours overdue: May be reported to law enforcement as vehicle misappropriation or theft

11 Insurance & Liability

11.1 Basic Insurance Coverage

All vehicles on TrishaGo platform have basic third-party insurance as mandated by the Motor Vehicles Act, 1988:

• Third-Party Liability: Covers injury/death to third parties and property damage to third-party vehicles
• Coverage Limit: As per IRDAI norms (typically up to ₹6 lakh for death/injury, ₹7.5 lakh for property)
• Policy Holder: Insurance is in the vehicle owner's (vendor's) name

11.2 What Is NOT Covered

• Damage to the rented vehicle itself (own damage)
• Personal injury to the rider/driver
• Theft of personal belongings
• Accidents caused by drunk driving, racing, or illegal activities
• Damage caused by unauthorized use or riders

11.3 TrishaGo's Liability Limitations

TrishaGo acts as a platform connecting users with vendors. We are NOT liable for:

• Personal injury or death during vehicle use
• Damage to personal belongings
• Accidents, theft, or breakdowns
• Disputes between user and vendor
• Quality or condition of vehicles (vendor's responsibility)
• Actions or negligence of vendors

11.4 User's Liability

You are personally liable for:

• All damage to the rented vehicle
• Third-party claims beyond insurance coverage
• Legal costs arising from accidents or violations
• Any criminal or civil liability from your actions

11.5 Accident Procedures

In case of an accident:

1. Ensure safety of all parties involved
2. Call emergency services if needed (Dial 112)
3. Do not leave the scene of the accident
4. Exchange information with other parties (name, contact, vehicle details)
5. Take photos/videos of the scene and damage
6. File FIR at nearest police station (mandatory for insurance claims)
7. Notify TrishaGo support and vendor within 2 hours
8. Cooperate with insurance claim process

12 Service Area & Geographical Restrictions

12.1 Primary Service Area

TrishaGo currently operates in the following areas of Uttarakhand:

• Dehradun - Capital city and surrounding areas
• Rishikesh - Yoga capital and adventure sports hub
• Mussoorie - Queen of Hills and nearby regions
• Haridwar - Holy city and gateway to Char Dham
• Nainital - Lake district and hill station
• Jim Corbett - National park and wildlife areas
• Kedarnath, Badrinath, Gangotri, Yamunotri - Char Dham circuit (seasonal)

12.2 Interstate Travel Restrictions

• Default: Interstate travel is NOT permitted without prior approval
• Approval Required: Contact vendor and TrishaGo support at least 48 hours before your trip
• Additional Charges: Interstate permits, road taxes, and additional security deposit may apply
• Documentation: Carry all required interstate travel documents

12.3 Restricted Areas

The following areas may have restrictions (check with vendor):

• Border areas requiring special permits
• High-altitude passes during winter (Nov-Mar)
• Areas with active military operations
• Restricted forest zones

13 Prohibited Uses

The following activities are strictly prohibited:

13.1 Dangerous Activities

• Racing or Stunts: No competitive racing, wheelies, stoppies, or stunt riding
• Off-Road Abuse: Unauthorized off-road driving on rough terrain (unless vehicle is designated for off-road use)
• Overloading: Exceeding vehicle's rated passenger or load capacity
• Towing: Using the vehicle to tow other vehicles or trailers

13.2 Commercial Misuse

• Using the vehicle for commercial purposes (delivery, taxi service, etc.) without authorization
• Renting or subleasing the vehicle to others
• Using the vehicle for driving lessons or training

13.3 Vehicle Tampering

• Modifying or tampering with the vehicle's engine, exhaust, or any mechanical components
• Removing or covering the vehicle's registration plate
• Altering or removing TrishaGo/vendor identification stickers

13.4 Illegal Activities

• Using the vehicle for any illegal purpose
• Transporting illegal goods, contraband, or prohibited substances
• Evading law enforcement or police checkpoints

13.5 Consequences of Prohibited Use

Violation of prohibited use terms will result in:

• Immediate termination of rental agreement
• Forfeiture of all payments (no refund)
• Full liability for any damage or legal consequences
• Permanent ban from TrishaGo platform
• Legal action if applicable

14 Intellectual Property Rights

14.1 TrishaGo's IP

All intellectual property rights in the TrishaGo app, website, and services are owned by ITGAI Technologies:

• Trademarks: "TrishaGo" name, logo, and branding
• Content: Text, images, graphics, videos, trip guides, destination information
• Software: App code, algorithms, user interface design
• Data: Aggregated user data, analytics, trip recommendations

14.2 User-Generated Content

When you submit content to TrishaGo (reviews, photos, trip reports):

• You retain ownership of your content
• You grant TrishaGo a worldwide, non-exclusive, royalty-free license to use, display, and promote your content
• You confirm that you have the right to share the content
• You agree that your content does not violate any third-party rights

14.3 Restrictions

You may not:

• Copy, modify, or distribute any TrishaGo content without permission
• Reverse engineer, decompile, or disassemble the app
• Use TrishaGo branding for commercial purposes
• Create derivative works based on our content
• Scrape or extract data from the app using automated tools

14.4 Copyright Infringement

If you believe your copyright has been infringed:

• Email us at: trishago.travel@gmail.com with subject "Copyright Complaint"
• Provide: Description of copyrighted work, location of infringing content on TrishaGo, your contact information, and a statement of good faith belief
• We will investigate and respond within 7 business days

15 Dispute Resolution

15.1 Internal Complaint Resolution

For any complaints or disputes:

1. Contact Support: Email trishago.travel@gmail.com or call +91-7900960956
2. Initial Response: We will acknowledge your complaint within 24 hours
3. Investigation: We will investigate and attempt resolution within 5-7 business days
4. Escalation: If unresolved, escalate to senior management

15.2 Mediation

If internal resolution fails:

• Both parties agree to attempt mediation before legal action
• Mediation to be conducted in Dehradun, Uttarakhand
• Each party bears their own mediation costs

15.3 Arbitration

If mediation fails, disputes will be resolved through arbitration:

• Governed by the Arbitration and Conciliation Act, 1996
• Single arbitrator mutually agreed upon
• Arbitration to be held in Dehradun, Uttarakhand
• Arbitration conducted in English or Hindi
• Arbitrator's decision is final and binding

15.4 Consumer Rights

Nothing in these Terms limits your rights under Indian consumer protection laws:

• You may approach Consumer Forums under the Consumer Protection Act, 2019
• District Forum: For claims up to ₹50 lakh
• State Commission: For claims ₹50 lakh to ₹2 crore
• National Commission: For claims above ₹2 crore

16 Platform Role & Vendor Relationship

16.1 TrishaGo's Role

TrishaGo operates as a technology platform and marketplace:

• We connect users with independent vehicle rental vendors
• We facilitate bookings, payments, and communication
• We do not own the vehicles listed on the platform
• We are not a party to the rental contract between you and the vendor

16.2 Vendor Independence

Vendors on TrishaGo are independent service providers:

• Vendors are not employees or agents of TrishaGo
• Vendors set their own rental rates and terms (within TrishaGo guidelines)
• Vendors are responsible for vehicle maintenance, insurance, and legal compliance
• TrishaGo is not liable for vendor actions or negligence

16.3 TrishaGo's Commitment

While we are not liable for vendor services, we commit to:

• Vendor Verification: Basic background checks and document verification
• Quality Standards: Guidelines for vehicle condition and service quality
• Support: Assist in resolving disputes between users and vendors
• Removal: Remove vendors who consistently violate standards

16.4 Direct Vendor Issues

For issues directly related to the vendor (vehicle condition, service quality, vendor behavior):

• First attempt to resolve directly with the vendor
• If unresolved, contact TrishaGo support for mediation
• TrishaGo will investigate and take appropriate action
• Final liability rests with the vendor, not TrishaGo

17 Changes to Terms & Service Modifications

17.1 Right to Modify

We reserve the right to modify these Terms of Service at any time. Changes may be made for:

• Legal or regulatory compliance
• Security or fraud prevention
• Service improvements or new features
• Business operational needs

17.2 Notification of Changes

When we make significant changes to these Terms:

• We will update the "Last Updated" date at the top of this page
• We will notify you via email or in-app notification
• For material changes, we will provide at least 7 days' notice before changes take effect

17.3 Acceptance of Changes

• Continued Use = Acceptance: Continued use of TrishaGo after changes take effect constitutes acceptance
• Rejection = Discontinue: If you do not agree to the changes, you must stop using TrishaGo
• Active Bookings: Changes do not affect bookings made before the change date (original terms apply)

17.4 Service Modifications

We may modify, suspend, or discontinue any aspect of TrishaGo services:

• With or without notice
• Temporarily or permanently
• For all users or specific users
• Without liability (except for active bookings)

18 Governing Law & Jurisdiction

18.1 Governing Law

These Terms of Service are governed by and construed in accordance with the laws of India, including:

• Indian Contract Act, 1872
• Motor Vehicles Act, 1988
• Consumer Protection Act, 2019
• Information Technology Act, 2000
• Digital Personal Data Protection Act, 2023

18.2 Jurisdiction

Any legal disputes shall be subject to the exclusive jurisdiction of the courts in Dehradun, Uttarakhand, India.

18.3 Severability

If any provision of these Terms is found to be invalid or unenforceable:

• That provision will be limited or eliminated to the minimum extent necessary
• The remaining provisions will remain in full force and effect

18.4 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

18.5 Entire Agreement

These Terms, along with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and TrishaGo regarding the use of our services.