Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as
applicable and the amended provisions pertaining to electronic records in various statutes as amended by the
Information Technology Act, 2000. This electronic record is generated by a computer system and does not require
any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology
agreement for access or usage of www.proratacar.com website.
Your use of a Prorata website www.proratacar.com (hereinafter referred to as the "Website") and its related sites,
services and tools} is governed by the terms and conditions as contained in this Agreement applicable to the
Website and for other websites of Prorata Technologies Pvt Ltd and our subsidiaries and international affiliates
("User Agreement"). Proratacar.com is an internet-based portal owned and operated by Prorata Technologies Pvt Ltd;
a company incorporated under Companies Act, 2013 .
For the purpose of this User Agreement, Registered User / Guest User and wherever the context so require '"you",
"your" shall mean any natural or legal person who is accessing the Website, its contents and using the services
offered on or through the Website and has agreed to become a member of the Website by providing Registration Data
(as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer
systems of the Website and accepted this electronic version / electronic record of the User Agreement and has
allocated himself/herself a unique identification user name ("User ID" and "Password") to become Registered User
or have been identified as Guest User by providing phone number and email id. Further, reference to "we", "us",
"our" and “Prorata" shall mean Prorata Technologies Pvt Ltd (proratacar.com) and includes its associates,
affiliates and subsidiary (ies).
Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are
not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on
the Website, please do not click on the "check box " and/or on the "continue" button and/or "Subscribe Now" button
and do not seek to obtain access to or otherwise use the Website..
When you use any of the services provided by us through the Website, you will be subject to the rules, guidelines,
policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this
User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our
sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior
written notice to you. It is your responsibility to review this User Agreement periodically for updates / changes.
Your continued use of the Website following the posting of changes will mean that you accept and agree to the
revisions. As long as you comply with the provisions of this Agreement, we grant you a personal, non-exclusive,
non-transferable, limited privilege to enter and use the Website.
By accepting this User Agreement, you also accept and agree to be bound by Prorata Rules and Policies as provided
from time to time in the following hyperlinks:
Please note: various underlined words and phrases are hyperlinked to various rules and policies on the Website. By
posted on the websites of different countries where users belong to respectively.
We govern your access and use of the Website, which includes any images, text, illustrations, designs, icons,
photographs, programs, music clips, downloads, systems and methods of trading, video clips, graphics, user
interfaces, visual interfaces, information, data, tools, products, written materials, services and other content
(together, "Content"), including but not limited to the design, structure, selection, coordination, expression and
arrangement of the Content available on or through the Website.
EACH TIME YOU USE THE WEBSITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE THESE TERMS AND
CONDITIONS IN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HEREIN, DO NOT USE THE WEBSITE. IF
YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE WEBSITE. YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE IS A CONDITION TO YOUR RIGHT
TO ACCESS THE WEBSITE. YOUR BREACH OF ANY PROVISION OF THESE TERMS AND CONDITIONS OF USE WILL AUTOMATICALLY, WITHOUT
THE REQUIREMENT OF NOTICE OR OTHER ACTION, REVOKE AND TERMINATE YOUR RIGHT TO ACCESS THE WEBSITE AND YOU WILL BE
FULLY LIABLE FOR CONVERSION, MISAPPROPRIATION, TRESPASS TO CHATTELS AND ALL OTHER CLAIMS AND CAUSES, REGARDLESS OF
THE IDENTITY OF CLAIMANT OR INJURED PARTY, ARISING FROM OR RELATING TO YOUR CONTINUED USE OF THE WEBSITE AFTER SUCH
You may not violate or attempt to violate the security of the Website. Tampering with any portion of the Website,
providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities
on the Website, whether or not through the use of agents, are prohibited and constitute a breach of these Terms and
Conditions of Use.
You are prohibited from violating or attempting to violate the security of the Website, including, without
limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not
authorized to access; (b) disabling, removing, defeating, or avoiding any security device or system, including,
without limitation, any password and login functionality used to authenticate users; (c) attempting to probe, scan
or test the vulnerability of a system or network or to breach security or authentication measures without proper
authorization; (d) attempting to interfere with service to any user, host or network, including, without limitation,
via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;"
(e) sending unsolicited email, including promotions and/or advertising of products or services; (f) forging any
TCP/IP packet header or any part of the header information in any email or posting; (g) using or attempting 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 the Website other than the search engine and search
agents available on the Website and other than generally available third party web browsers; (h) reverse
engineering, decompiling or disassembling the underlying software; (i) removing any notices, warnings, labels,
annotations or instructions from any portion of the Website or any related material, including, without limitation,
any patent, trademark, copyright, or other proprietary notices or license provisions; or (j) otherwise invading the
privacy of, obtaining the identity of, or obtaining any personal information about any user of the Website.
Any violations of system or network security including attempts to intentionally access a computer without
authorization or exceed your authorized access level may result in civil and criminal charges, including but not
limited to charges under applicable laws. Prorata may investigate occurrences that might involve such violations and
may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such
violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all
users to the Website if we reasonably conclude that such restriction or termination is necessary to prevent, or
prevent the further spread, of a virus, security breach or system malfunction.
When accessing the Website, users should be aware that the internet is generally not regarded as a secure
environment, and that data sent via the internet can be accessed by unauthorized third parties, potentially leading
to disclosures, changes in content or technical failures. Data sent via the internet may be transmitted across
international borders even though both sender and receiver are located in the same country. Prorata does not accept
any responsibility or liability for the security of data while in transit via the internet.
The Website may contain certain links. Activating links on the Website may cause individual users to leave the
Website. Such links are provided solely for individual users’ convenience and information. Prorata has not reviewed
any of the websites linked with or connected to the Website and using links on or to the Website is at each
individual user’s own risk.
Ownership of Materials on Website:
You may download or copy Content only to the extent such download is expressly permitted in writing on the Website.
No right, title or interest in any downloaded materials or software is transferred to you as a result of any such
downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display,
modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part,
any of the Content, the Website or any related software.
“Prorata is the trade name for Prorata. Nothing on the Website shall be interpreted as granting any license or right
to use any image, trademark, trade dress, logo or service mark on the Website. Anything transmitted to the Website
by you becomes Prorata’s property and may be used by us for any lawful purpose. Prorata reserves all rights with
respect to copyright and trademark ownership of all material on the Website, and will enforce such rights to the
full extent of the law.
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property
owned, controlled or licensed by Prorata or by third parties who have licensed their materials to prorata and are
protected by Indian and international copyright laws. The compilation of all Contents on the Website is the
exclusive property of Prorata and is also protected by Indian and international copyright laws.
The Website, including all Information, is owned by or licensed to Prorata and is subject to and protected by
various intellectual property rights, including but not limited to copyright, trade secrets, trademarks, service
marks, brand names and other proprietary rights whether under contract, statute or any similar provisions ("IP
Rights"). All IP Rights are and shall remain the exclusive property of Prorata, its respective third-party licensors
or third parties to whom it is attributed and in using the Website individual users shall not obtain any rights,
title or other interest in or to any information on the Website or related IP Rights. Subject to the above,
individual users are entitled to view the Information on the Website and to copy and print such information for
personal use. Individual users are not permitted to sell or distribute or otherwise deal with the Information on the
Website or any deviations of such information without the prior written consent of Prorata.
The Website uses different web analytics service and is compliant with their terms and conditions.
No Offers or Reliance:
The Information has been prepared solely for purposes of information. The Information is in summary form for
convenience of presentation and under no circumstances should the Information be used or considered as an offer to
sell or the invitation or solicitation of an offer to buy any product or service offered by Prorata. No such offer
or invitation or solicitation will be made prior to the delivery of definitive documentation
Past performance / Forward-looking statements:
Nothing herein shall be relied upon as a promise or representation as to past or future performance. The Website may
contain forward-looking statements. In some cases, you can identify forward-looking statements by terminology such
as "may," "will," "should," "expects," "plans," "anticipates," "believes," "targeted," "projected," "underwritten,"
"estimates," "predicts," "potential," or "continue" or the negative of these terms or other comparable terminology.
These forward-looking statements include, but are not limited to, statements concerning the company, usage ,
downtime of the car or resale value of the car. Forward-looking statements are subject to various risks and
uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to
differ materially from those indicated in these statements. Prorata undertakes no obligation to update or review any
forward-looking statement, whether as a result of new information, future developments or otherwise. None of
Prorata, the issuer nor any other person or entity assumes responsibility for the accuracy and completeness of
forward-looking statements. Users should conduct their own due diligence of the brand and model of the car .
No Warranty; Limitation on Liability:
BY USING THE WEBSITE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. THE WEBSITE AND RELATED SERVICES ARE
PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. NEITHER PRORATA NOR ANY OF ITS RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS,
MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, "ASSOCIATES") WARRANT THAT USE OF THE WEBSITE OR RELATED
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER PRORATA NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY,
COMPLETENESS, AVAILABILITY OR TIMELINESS OF THE CONTENT PROVIDED IN THE WEBSITE OR THE MATERIALS OR SERVICES OFFERED
IN THE WEBSITE NOW OR IN THE FUTURE. PRORATA AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT OF THE WEBSITE, INFORMATION ON THE WEBSITE OR THE RESULTS OBTAINED FROM USE OF THE
WEBSITE OR RELATED SERVICES. PRORATA AND ITS ASSOCIATES ACCEPTS NO RESPONSIBILITY FOR UPDATING ANY PARTY OF THE
WEBSITE OR THE CONTENT THEREIN.
UNDER NO CIRCUMSTANCES WILL PRORATA OR ITS ASSOCIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO WARRANTY OF THE (
CAR ) SELLER , ACCIDENT , MACHINE FAILURE, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, INTERNET FAILURE OR DAMAGES
THAT RESULT FROM USE OR LOSS OF USE OF THE WEBSITE, CONTENT, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF PRORATA
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Any Content downloaded or otherwise obtained through the Website is done at your own discretion and risk and you are
solely responsible for any damage to your computer or other electronic system or loss of data that results from the
download of any such Content. The foregoing limitation of liability will apply in any action, whether in contract,
tort or any other claim, even if an authorized representative of Prorata has been advised of or should have
knowledge of the possibility of such damages.
The information and opinions are subject to change without notice and does not purport to be complete.
Third Party Content and Linked Websites:
References on this Website to any names, marks, products or services of third parties, or hypertext links to third
party websites or information or Content provided by third parties, are provided solely as a convenience to you and
do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, its
information, materials or services. We are not responsible for the practices or policies of such third parties, nor
the Content of any third party sites, and do not make any representations regarding third party materials or
services, or the Content or accuracy of any material on such third party sites. If you decide to link to any such
third party sites, you do so entirely at your own risk.
Warning Regarding Web Fraud and Phishing:
An unfortunate consequence of our reputation is the misuse of our name, brands and reputation by imposters and
frauds publishing fake websites and engaging in "phishing" scams seeking personal or confidential information.
When communicating with Prorata through digital media, please:
* Confirm you are visiting a Prorata authorized web site.
* Do not share your password and login ID with anyone, including anyone from Prorata. Prorata websites/mobile
application are private, available only to users through secure log-in procedures. Apart from allowing you to use
your password and log-in to enter an authorized web site, Prorata will never ask you for your password or log-in
* Do not communicate or deal with personnel who are not affiliated with an authorized office. All authorized office
locations are listed on our contact page. No other office locations are authorized offices of Prorata.
* Do not send emails to anyone with an address other than authorized Prorata e-mail addresses. Prorata only uses
“@proratacar.com" for email addresses. Prorata does not permit our employees and authorized representatives to send
or receive work related emails from personal accounts or any other address.
Effect on Other Agreements:
Nothing contained in these Terms and Conditions of Use is intended to modify or amend any other written agreement
you may have with Prorata (including without limitation any customer agreement, service agreement, operating
agreement, or account agreement) ("Other Agreements") if any, that may currently be in effect. In the event of any
inconsistency between these Terms and Conditions of Use and any Other Agreements, the Other Agreements will govern.
Some pages within the Website contain supplemental terms and conditions and additional disclosure and disclaimers,
which are in addition to these Terms and Conditions of Use. In the event of a conflict, the supplemental terms and
conditions and additional disclosures and disclaimers will govern for those sections or pages.
You agree to indemnify and hold harmless Prorata and (as applicable) its subsidiaries, affiliates, third-parties and
their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages,
costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred
by Prorata, made by any third party arising out of your breach or non-performance of terms of the User Agreement,
Prorata rules and policies, or the documents they incorporate by reference, or your violation of any law, rules or
regulations or the rights of a third party.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and
Prorata and you shall have no authority to bind Prorata in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Prorata at Prorata Technologies
Pvt Ltd; We Work Galaxy , Residency Road , Bengaluru -560025 (in the case of Prorata) or to the email address you
provide to us during the registration process (in your case). Notice shall be deemed given 48 hours after email is
sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice
by certified mail, postage prepaid and return receipt requested, to the address provided to us during the
registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
If any clause of the User Agreement 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 User
This Agreement sets forth the entire understanding and agreement between you and Prorata with respect to the subject
You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party.
Prorata may transfer its rights and obligations (also known as "assign") under this Agreement without your prior
express consent, provided that Prorata assigns the Agreement on the same terms or terms that are no less
advantageous to you.
If any dispute arises between you and Prorata during your use of the Website or thereafter, in connection with the
validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents
they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and
neutral third party identified by Prorata. The place of arbitration shall be Bengaluru , Karnataka , India. The
arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act,
The User Agreement or the documents they incorporates by reference shall be governed and construed in accordance
with the laws of India. Subject to clause of Arbitration above, all disputes arising under this Agreement between
you and Prorata shall be subject to the exclusive jurisdiction of courts at Bengaluru, karnatakka, India.