Terms & Conditions
We offer this website, subject to the following terms and conditions (“Agreement”). Please read this Agreement carefully before using this website. By using this website, you accept the terms and conditions set forth in this Agreement. If you do not agree to the terms and conditions set forth in this Agreement, you must not use this website. We may at any time, at our sole discretion, update and revise this Agreement by posting an amended Agreement on this website; any changes that we make to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this Agreement. Your use of this website following the posting of any changes constitutes acceptance of those changes.
The Terms are meant to protect all of our Web Site visitors and your use of this Web Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OR ACCESS THIS WEB SITE. fabcar reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. If you continue to use the Web Site, check the footer for notice of changed Terms. If the footer indicates that the Terms have been changed, immediately read them. By choosing to continue to use or access this Web Site after we have posted notice of such modifications, alterations or updates, and after you have had the opportunity to read the revised Terms, you agree to be bound by such revised Terms.
As used in this Agreement, the terms “we” and “us” mean fabcar and the companies in which The fabcar directly or indirectly owns a majority interest, commonly called “subsidiaries.” We operate vehicle and construction and industrial equipment rental businesses and, on a more limited scale, retail vehicle sales and claims administration businesses. Our “licensees” are independent companies in the vehicle and construction and industrial equipment rental businesses, and sometimes in the retail vehicle sales business, that are licensed to operate such businesses using a trade name and trademarks and service marks owned by us, which often incorporate the “fabcar” mark. Because the licensees are independent of us, they are not our subsidiaries and thus are not included in the terms “we” and “us.” Our “affiliates” at any time are the companies (other than us) that at the time control us or are under common control with us; the terms “we” and “us” do not include our affiliates.
MINIMUM / MAXIMUM AGE LIMITATIONS
In most locations, the minimum hiring age is 21 years. Additional fees can apply with certain car hire companies and in certain countries for drivers aged under 25 years or over 65 years: where the correct driver age has been submitted with the booking request, we will advise of any likely fees. Minimum age requirements on larger cars may also be higher at some locations. Please check with our Contact Centre if you have any questions or concerns about this matter.
Fees may apply for additional drivers, payable at the car hire counter (unless otherwise specified on the Fabcar.in voucher / eVoucher). Please check with our Contact Centre.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by FABCARS Pvt. Ltd. All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by India and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by fabcar or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to fabcar. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of fabcar or the Providers. Without the prior written consent of Fabcar or the Providers, your modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the fabcar Web Site and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to fabcar that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, in addition to any other remedies fabcar or its Providers may have, your permission to use our Web Site immediately terminates without the necessity of any notice. fabcar retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the content or other materials on this Web Site without prior written consent of fabcar.
This Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under Fabcar’s control, and Fabcar is not responsible for, and does not endorse, such content, whether or not Fabcar is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web Site that states or implies any sponsorship or endorsement of your web site by Fabcar, or its affiliates or Providers.
CODE OF CONDUCT
While using this website and/or the Site Materials, you agree not to:
- Restrict or inhibit any other visitor from using this website, including, without limitation, by means of “hacking,” “denial of service” attacks or defacing any portion of this website;
- Use this website or the Site Materials for any unlawful or unauthorized purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about us, any of our licensees or affiliates, or any third party without the authorization to do so; (c) any trade secret of ours, any of our licensees or affiliates, or any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in spamming or flooding;
- Modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile, or disassemble any portion of this website or the Site Materials;
- “Frame” or “mirror” any part of this website without our prior written authorization;
- Tamper in any way with the software or functionality of this website, including, without limitation, transmitting or posting any software or other materials to this website that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or information;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents;
- Harvest or collect information about visitors to this website without their express consent;
- Create a database by systematically downloading and storing all or any of the information on this website;
- Make postings of a commercial nature; or
- Permit others, including those whose accounts were terminated, to access this website through your account, username or password.
ACCURACY OF INFORMATION
Although we strive to ensure the accuracy of the information found on this website, neither we, nor our affiliates, licensees, suppliers, or agents, can be held responsible by you for the accuracy of such information. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information provided on this website.
Your rental starts and finishes according to the pick-up and drop-off dates and times detailed on your voucher / eVoucher. Unfortunately, we are unable to provide refunds for unused time if a car is picked up late or dropped off early. If you are unable to pick the car up at the agreed time and date, it is essential you contact us as soon as possible. If you do not, there is no guarantee that the car will still be available – and you will not be entitled to any refund.
We provide this website, the site materials, and any product or service obtained through or in connection with this website on an “as is” and “as available” basis without representations or warranties of any kind, either express or implied, unless otherwise expressly provided in a written, agreement with us to which you are a party with regard to a particular product or service. we provide this website, the site materials, and any product or service obtained through or in connection with this website on an “as is” and “as available” basis without representations or warranties of any kind, either express or implied, unless otherwise expressly provided in a written, agreement with us to which you are a party with regard to a particular product or service. we and our affiliates, licensees, suppliers, and agents do not warrant that your use of this website or the site materials will be uninterrupted, error-free, or secure, that defects will be corrected, or that this website (or the server(s) on which it is hosted) or related software are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed to access and use this website, and all charges related thereto. no opinion, advice, or statement of us or our affiliates, licensees, suppliers, agents, or visitors, whether made on this website, in the site materials, or otherwise, shall create any warranty, unless otherwise expressly provided in a written, agreement with us to which you are a party with regard to a particular product or service. YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK.
In the event a conflict arises between any information posted on this website, this Agreement, and/or any contract you have with us, the terms of your contract with us will prevail over this Agreement and the information posted on this website, and this Agreement will prevail over information posted on this website.
LIMITATION OF LIABILITY
As a condition of your use of this website, you agree that neither we, nor any of our affiliates, licensees, suppliers, directors, officers, shareholders, employees, or agents, will be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive, or other damages under any contract, negligence, strict liability, or other theory, or consequential loss of profits, loss of earnings, loss of business opportunities, lost data, interrupted communications, damages, expense, or costs resulting directly or indirectly from or otherwise arising in connection with:
- The use of this website, including, but not limited to, damages resulting or arising from your reliance on this website or any information or materials found on this website or hyperlinked from this website, or the mistakes, omissions, interruptions, errors, defects, delays in operation, transmissions, eavesdropping by third parties, or any failure of performance of this website;
- Government restriction, strikes, war, any natural disaster or force majeure, power failures, large increases in on-line activity in a short period of time (usage spikes), viruses, catastrophic hardware failures, attacks on our servers, fires, earthquakes, floods, unusually severe weather, or any other condition beyond our reasonable control limiting, preventing or otherwise affecting either your access to or use of this website or site materials or our ability to provide products or services in connection with, or reserved or ordered through, this website; or
- Loss of security of information you have provided in connection with your use of this website, or interception of any such information by unauthorized third parties.
You are fully responsible for how you use this Web Site. You may not share your log-in information with anyone else, but if you do you are fully responsible for how they use the Web Site too. You agree to indemnify, defend, and hold harmless Fabcar and the Providers, its and their officers, directors, employees, service providers, vendors, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of Fabcar and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
AVAILABILITY OF THIS WEBSITE
This website is usually available 24 hours a day, 7 days a week. However, we retain the right to make this website unavailable from time to time for any reason or no reason. We shall not be liable for any damages arising from any interruption, suspension, or termination of this website.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, harass, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Promote commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.
CLAIMS OF COPYRIGHT INFRINGEMENT
The Copyright Act of 1957 (the “CA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the CA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the CA; see http://www.copyright.gov for details. Notices and counter-notices with respect to this website should be sent to Mr. Rajiv Patodia, Director, FABCARS Pvt. Ltd. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the CA.
SEVERANCE OF INVALID TERMS
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Notwithstanding anything to the contrary, if the class action waiver of these Terms is deemed unenforceable, the agreement of the parties to engage in arbitration shall likewise be deemed stricken.
No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this agreement. If any provision of this agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
Subject to the aforesaid, the laws of India govern these terms and conditions of this website and the courts of Mumbai shall have exclusive jurisdiction with regard to the matters arising out of the usage of this website.
WAIVER AND SEVERABILITY
OTHER GENERAL PROVISIONS
We reserve the right to immediately terminate your access to and use of this website or any portion thereof, or to eliminate any content, feature or service of this website, at any time and for any reason, with or without cause. Headings found in this Agreement are for reference only. A party’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and us regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice shall act to modify any provision of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of this Agreement, which shall remain in full force and effect. This Agreement is not assignable, transferable or sub licensable by you except with our prior written consent