Below is a list of key definitions of terms used in Rental Agreement -
Trabug provides a smartphone on rent, a SIM card (un-activated) and many helpful applications preloaded in the phone, user guides and accessories (collectively the "TPack") to travellers who plan to visit India. We do not offer accessories / smartphones for sale on this Website.
While our Tpack may be used by travellers of any age, we can only rent to adults who are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Rental Agreement, and are able to abide by and comply with the terms set forth herein.
You must visit our Website to book the Trabug services. Once you exit the payment page, you will be prompted to complete the booking formalities. This includes -
The Rental Period depends upon the Plan chosen. The FLEXI and ECO Plans have a minimum validity of one (1) day and can be extended to twenty four (24) days at the time of booking the Trabug Pack. The SUPER and POWER Plans have a minimum phone rental validity of seven (7) days and can be extended for upto eigthy (80) days at the time of booking the Trabug Pack. Any part usage of the rental period shall entail complete standard rental charges.
The TPack will be delivered to your designated address on the Rental Start Date. It is your responsibility to inspect the TPack upon receipt and to verify that it is in good working condition. In the event that you are not available to accept or fail to accept the delivery of the TPack for any reason, then such TPack shall still be deemed to have been accepted by you and you will still be responsible for the return of the TPack and for all charges associated with it. In other words, it is your responsibility to ensure that you are available to receive the TPack and that you accept the delivery of the TPack. We will assume all risk of loss and damage from the delivery of the TPack to your designated address. Trabug will be responsible for all shipping expenses related to delivery and reverse pick-up of the TPack. However, all responsibility of handling the TPack during the Rental Period and its safe return, is solely with you.
You agree to exercise reasonable care in the use of the TPack, and to handle the TPack in accordance with the user guide. You further agree that you will not do any of the following:
You are solely responsible for returning the TPack to Trabug before departure from India. All returns shall be collected by us at a designated time & place as agreed. The TPack shall be returned in identical working order and condition, as was it was delivered to you in. You assume all risk of loss and damage of TPack till it is returned to the Trabug.
To ensure rightful responsibility of the TPack, we recommend that you pack the contents of the TPack in the presence of a representative of the hotel or a friend you are staying with. Also, you should call us at the time of packing the Tpack so we can assist you in the process.
By using this service, you agree and acknowledge you are renting TPack for travel purposes only, and that you will acquire no rights in the TPack. You agree that Trabug will retain all ownership of the TPack, including but not limited to user guides and accessories.
If you are renting this TPack on behalf of an entity rather than for your own personal use, then you represent and warrant that you are fully authorized to enter into this Agreement on behalf of such entity, and to bind such entity to the terms and conditions set forth in this Rental Agreement. You further represent and warrant that you are not committing any fraud or misrepresentation in entering this Rental Agreement.
Trabug warrants that the TPack will be delivered in good working order and condition, and that it will continue to operate properly during the term of the Rental Period subject to exclusions defined below.
In the event of any failure to meet the Trabug Warranty set forth in the clause above, our sole liability and your sole and exclusive remedy will be to repair or replace the TPack at our expense. If we replace the TPack, you will receive the same or reasonably similar TPack to use for the remainder of the Rental Period. It is your obligation to notify us immediately in the event that you experience any problem with your TPack.
EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 13 ABOVE, Trabug MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, REGARDING THE TPACK OR THIS RENTAL AGREEMENT. WE MAKE NO ENDORSEMENTS REGARDING ANY THIRD PARTY LISTED IN OUR USER GUIDE, AND CANNOT WARRANT OR MAKE ANY REPRESENTATION ABOUT THE QUALITY OF THEIR SERVICES. WE CANNOT WARRANT OUR TPACK WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL OPERATE PROPERLY ON ALL WIRELESS NETWORKS, THAT IT WILL MEET ALL OF YOUR NEEDS, OR THAT ANY THIRD PARTY SERVICES THAT YOU ACCESS THROUGH THE USER GUIDE WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS. WE CANNOT BE RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY, OR OPERATION OF ANY THIRD PARTY SERVICES. Trabug EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE TPACK, OUR RENTAL SERVICES, AND ANY THIRD PARTY SERVICES ACCESSED THROUGH OUR USER GUIDE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE TPACK AND FOR ANY RELIANCE ON ANY THIRD PARTY SERVICES. While Trabug shall make every effort to erase all personal information left on returned TPack, we cannot be responsible for ensuring the protection of personal information left on returned TPack. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ERASING PERSONAL INFORMATION PRIOR TO RETURNING TPACK RENTED PURSUANT TO THIS RENTAL AGREEMENT.
TO THE EXTENT PERMITTED BY LAW, NEITHER Trabug NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OR REPLACEMENT GOODS AND SERVICES, COVER, OR RELIANCE DAMAGES, OR ANY OTHER TANGIBLE LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WE AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Our total aggregate liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the total amount of all fees paid by you under this Rental Agreement. This limitation will apply notwithstanding the failure of the essential purpose of any remedy hereunder.
By agreeing to this Rental Agreement, you agree to indemnify, defend, and hold harmless Trabug, our officers, directors, employees, independent contractors, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expense, including but not limited to reasonable legal fees, in any way connected with
We reserve the right to discontinue our rental services or terminate and/or amend this Rental Agreement at any time at our sole discretion. Expiration or termination of this Rental Agreement will not relieve you of any payment obligations hereunder. This Agreement contains the entire understanding of the Parties with respect to the subject matter contained herein, and shall supersede all prior agreements and understandings, whether written or oral.
In the event we fail to perform any obligation pursuant to this Agreement due to an "act of God," or an act of any government, terrorism, riot, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond our control, such failure shall not be deemed to be a breach of this Agreement, provided that we notify you of the existence and nature of the reason for our non-performance and delay, and we resume performance immediately upon the conclusion of the relevant force majeure.
This Rental Agreement is governed by Indian Law, without regard to conflicts of law principles. All disputes arising under this Rental Agreement shall be subjected to arbitration as may be appointed at the sole discretion of the Trabug. Costs of the arbitration, including administrative and arbitrator's fees, shall be shared equally by you and Trabug. The arbitration award shall be final and each party shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review of the arbitrator’s decision is sought, the prevailing party shall be entitled to costs and reasonable legal fees.
We at Trabug, are committed to protect our customers’ personal information and/or sensitive personal data and strive to maintain the privacy of your personal information. For your information, “Personal information” is any information that can be used, by itself, to uniquely identify, contact, or locate a person, or can be used with information available from other sources to uniquely identify an individual. For the purpose of this policy, sensitive personal data or information has been considered as a part of personal information.
All the documents that we receive from you are forwarded to the service provider as part of the KYC compliance process required to issue a SIM card in your name. We hold on to scanned copies of your documents for a period of not more than 6 months from the date of travel. This is only for compliance purposes. However, we may utilize some or all available information for assisting in future bookings.
By purchasing service offered by Trabug, you agree to receive promotional messages relating to similar products and services we offer. Also, the service provider may send any promotional messages / notifications from their end.
We may also share your personal information with government agencies or other authorized law enforcement agencies mandated under law to obtain such information for the purpose of verification of identity or for prevention, detection, investigation including but not limited to cyber incidents, prosecution, and punishment of offences.
As a policy, we never retain any data on the TPack. Our provisioning process wipes off any data that is left, in case it has not already been erased by the subscriber at the time of following the checkout process.
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