Unless otherwise specified the term ‘The Company’ hereinwith means Happy Ride Transportation Services LLP and the term ‘Driver’. ‘You’, ‘Your’ or ‘Yourself’ shall mean any person who has an account with Happy Ride Transportation Services LLP and is registered as a driver therein
APPLICABILITY OF DRIVER T&C
By accepting the Driver T&C, You acknowledge and agree to the Agreement with The Company and various Exhibits to the said Agreement, The Company’s Policies and any other policy that The Company makes applicable to You from time to time, to the fullest extent possible. Additionally, You hereby understand and consent to the collection, storage and sharing of Aadhaar card and any information extracted therefrom with Third Party Vendors and/or Government Authorities, for the process of onboarding and background verification.
2. SCOPE OF SERVICES
2.1 You agree that The Company’s role is limited to being a market place solely for managing and operating the Portal for the display of the Service in the manner decided by The Company unilaterally. Accordingly, The Company is merely an intermediary providing online marketplace services and the Portal is only a platform where You shall offer Service to the Customers. The contract for availing the Service shall be a contract solely between You and the Customer. At no time shall The Company have any obligations or liabilities in respect of such contract.
2.2 The Driver confirms and undertakes that that The Company does not own or in any way control the Vehicle used by a Driver rendering the said Service to the Customer. The Company shall not be held liable or responsible in any manner whatsoever for any insufficiency or deficiency of the Service rendered by the Driver to the Customer. The Company does not make any representations or warranties regarding the quality of the Service provided by You.
3. SERVICE REQUESTS
3.1 On receipt of a Service Request, drivers can use their Application to accept or reject the service requests.
3.2 The Driver can also accept hail jobs as well using the Happy Ride OTP directly shared with them by the riders.
3.3 In the event the Driver requires any assistance in connection with the Portal, Service Requests, Service etc. therein, he / she should contact The Company call centre. If the assistance pertains specifically to the Device, Driver App, Portal or anything therein, then such issue may be directed to the call centres of The Company .
3.4 Upon a Service Request being accepted by the Driver on the Driver App, The Company may provide to the Customer, the picture of the Driver, details of the Vehicle including vehicle number and model, mobile phone number of the driver and such other information as required under Applicable Laws or as The Company may deem fit, as the case may be, required by the Customer to identify the Driver and Vehicle.
4.1 When You use the Driver App on The Company’s Portal or send emails or other data, information or communication to The Company, You agree and understand that You are communicating with The Company through electronic records and You consent to receive communications via electronic records from The Company periodically and as and when required. The Company may communicate with You by email or by such other mode of communications, electronic or otherwise.
4.2 You hereby expressly consent to receive communication from The Company through Your registered phone number and/or e-mail id. You consent to be contacted by The Company via phone calls/ SMS notifications. You agree that any communication so received by You from The Company will not amount to spam, unsolicited communication or a violation of Your registration on the ‘national do not call registry’.
4.3 By registering with The Company, You hereby agree to (i) provide Information that The Company has a legal duty to request from a Driver on account of the Know Your Customer norms under Applicable Laws including without limitation your Permanent Account Number (PAN); and (ii) undertake due diligence and update Yourself on Applicable Laws that may have implications on Your liability as a Driver.
4.4 You acknowledge and agree that Your Information may be transferred or stored in a
server outside India or the country where You are located in order to perform The Company’s obligations under these Driver T&C.
4.5 The Company may offer special deals in form of Promo Codes. Driver’s will get offers on their mobile phones via notifications.
4.6 The driver might have to bear any network or messaging charges that may incur while they use the application.
5. OBLIGATIONS OF THE DRIVER
5.1 The Driver shall ensure and confirm that he understands the language of the Driver App / Portal and shall ensure that he/she chooses the language that he bests understands from amongst the languages that the Driver App / Portal supports.
5.2 The Service provided through the Portal by the Driver shall be of the highest quality as per industry standards and in accordance with the oral and written requirements of The Company. The Driver shall be liable for any loss caused to The Company and/or the Customer due to negligence of the Driver in the performance of the Service.
5.3 The Driver be deemed to be informed and shall also strive to stay informed about conditions such as bandhs, strikes, curfews, traffic disruptions, weather conditions and the like that could affect the Service. The Driver shall, immediately intimate The Company, and disclose any such aforesaid calamity that he may become aware of.
5.4 The Driver shall provide the Service to the Customers in a courteous, effective and timely manner.
5.5 The Driver shall ensure registration of Vehicle at all times and shall hold and keep updated / renewed all licenses, insurance and permits necessary for the use of Vehicle on the Portals.
5.6 The Driver shall not undertake or assist in any unlawful or illegal activity while performing Services.
5.7 The Driver shall not allow unauthorized persons to drive the Vehicle. The Company reserves the right to take any action at its sole discretion for any such act by the Driver, which may extend to but not limited to termination an/or other legal action.
5.8 The Driver shall ensure the safety and security of the Customers, his own self and that of the vehicle at all times. The Driver shall immediately bring to the notice of THE COMPANY any deviation from the provision of the Service/s as required under the terms of these Driver T&C, including but not limited to any accidents, damage to life or property.
5.9 The Driver agrees that any breach of this Agreement or these Driver T&C by him/her is likely to cause The Company substantial and irreparable damage and therefore, in the event of any such breach, in addition to such other remedies which may be available The Company shall have the right to specific performance and injunctive relief.
5.10 The Driver shall ensure comprehensive insurance including without limitation third party insurance of Vehicles and such other insurance as may be required by Applicable Law is obtained and always maintained, and the Customer and/or The Company shall not be liable for taking insurance or paying premium thereof in respect of the Vehicle or any liability arising out of plying of such Vehicle.
5.11 The Driver shall not use / access video / interactive content on the Portal when the Driver is driving the Vehicle. However, during halts / stops requested by the Customer, Driver may access video / interactive content on the Portal, provided that the Driver shall ensure that such access / use during halts / stops doesn’t lead to deficiency of Service or negligence towards the Customer.
5.12 Once the service request is accepted by the Driver , the Driver shall ensure that the Vehicle arrives prior to the pick-up time.
5.13 The Company will not be responsible for any loss of items in the cab or any accidents for that matter. Any such issue is to be settled solely between the customer and the driver.
5.14 The Driver will have a functioning mobile number and also have the ability to read text messages sent by THE COMPANY, regarding the Customer details and to convey Customer feedback.
5.15 In the event any Customer leaves his/her property in the Vehicle, the same shall not be pilfered or tampered with by the Driver and shall be reported immediately by the Driver directly to The Company. In the event the Driver pilfers or tampers with the property of the Customer, the Driver shall be solely liable for any damages claimed by the Customer and The Company may at its sole discretion terminate the Driver’s registration and disable the Driver’s access to the Portal. The Company shall in no event be liable for loss of or damage caused to the property of the Customer.
5.16 Driver hereby acknowledges and agrees that The Company shall alone be responsible for settling any payment related issues between Customer and Driver. In case of any conflict, The Company can provide assistance in settling the issue but would not be held responsible in any manner whatsoever..
5.17 The Driver shall make himself/ herself available for such trainings as The Company may be required to organize pursuant to Applicable Law or as The Company may deem necessary from time to time.
5.18 The Vehicle shall be the sole responsibility of the Drivers and the Driver shall be liable or responsible for any loss or damage to the Vehicle caused by a Customer or any other third party for any reason whatsoever.
5.19 The Driver shall not drive rashly, shall follow traffic regulations and all Applicable Laws during the performance of the Services, wear seat belt, not consume liquor / cigarette / bidi, or any other kind of intoxicant while performing the Service/(s) and shall have and hold a valid driving license and registration/insurance papers for the Vehicle at all times. The Driver shall not take any personal calls except in the event of an emergency, without prejudicing the safety of the Vehicle and the Customer. Driver shall take all calls from the Customer and THE COMPANY only after stopping the Vehicle at an appropriate location to take the call, without being a hindrance to the traffic around him or without violating any traffic rules.
5.20 Any cancellation of the allotted Booking is prohibited except in exceptional circumstances based on a justifiable explanation provided by the Driver. The Driver shall immediately inform The Company in case of any cancellation or refusal of allotted Booking. Further, the Driver hereby agrees such cancellation or refusal to provide Service may, lead to a deduction in form of withholding of part or whole of the Driver Proceeds.
5.21 The Driver agrees that the costs associated with the maintenance of the Vehicle and also the expenses relating to the fuelling up of the vehicle shall be borne by the Driver.
5.22 The Driver shall be solely responsible for:
i. any failure to complete a Service Request accepted by the Driver;
ii. any failure to pick up Customer(s) at the allotted time and/or place;
iii. any act or omission on the part of its Drivers including any rash and negligent driving, verbal, physical or harassment of any nature;
iv. any violation or non-adherence to the Applicable Law by it;
v. any nuisance or damage caused to the property of The Company by the Driver or any misbehaviour with The Company’s representatives; misbehaviour shall include within its purview using abusive language, causing physical harm and making indecent gestures;
vi. any accidents, tickets, fines or tolls and other taxes .
vi. any physical and/or mortal danger caused to the Customers whilst using or in connection with the Service;
vii. charging excess Total Fee from the Customer or charging the Customer more than what is displayed on the meter; and
5.24 The Driver, shall not either directly or indirectly:
i. engage in any conduct that damages the reputation or causes inconvenience in any manner, to The Company; or
ii. be the reason for The Company to be a part of any negative publicity.
5.25 The Driver hereby agrees that any complaint/s by Customers regarding the Vehicle or Driver will be considered to be a breach of the obligations by the Driver hereunder for which The Company shall not be responsible in any manner. If there is any serious complaint regarding any particular Vehicle and/or Driver, The Company may, in its sole discretion, immediately terminate the Account of such Driver, by providing a written notice to Driver to this effect.
5.26 Driver will maintain all relevant books, records and accounts relating to the Services provided by Driver and payments collected. Upon reasonable notice, The Company may audit, or may appoint a qualified independent auditor to audit, the books and records of the Driver to verify the accuracy of the amount of payments collected by the Driver. If such audit reveals any discrepancies with respect to the payment collected and submitted to The Company, then in addition to The Company retaining the right to exercise other remedies, may require the Driver to promptly pay The Company an amount equal to the discrepancy and may ask for an additional amount as fine from the Driver.
5.27 The Company may require the Driver to affix The Company brand including but not limited to its logo / sticker on the Vehicle. In such event, Driver shall extend all necessary support and assistance to The Company for affixing The Company brand on the Vehicle. It is hereby clarified that Driver will not be entitled for any additional payments for the The Company logo / sticker affixed on the Vehicle, if any.
6. CONTENTS POSTED ON PORTAL / DRIVER APP
6.1 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Portal / Driver App is owned, controlled or licensed by or to THE COMPANY and is protected under the Applicable Law.
6.2 Except as expressly provided in these Driver T&C, the Driver shall not: (i) Copy, reproduce, modify, damage, disassemble, decompile, reverse engineer or create derivative works including, without limitation, translations, transformations, adaptations or other recast or altered versions) from the Portal / Driver App, or any portion thereof; (ii) Breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided in the Portal / Driver App; (iii) Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iv) Store or disseminate material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (v) Use the Portal / Driver App in a way that infringes or misappropriates a third party’s intellectual property rights or personal rights; (vi) Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Portal / Driver App or any activities conducted on the The Company’s servers; (vii) Copy, sell, sub-license or assign the Portal / Driver App, and its rights under these Driver T&C, without the prior written consent of The Company; (viii) Distribute, disclose or allow use of the Portal / Driver App by any third party in any format, through any timesharing service, service bureau, network or by any other means; or (ix) Merge or combine the Portal / Driver App with any other technology not provided by The Company.
6.3 You may use information on the Portal / Driver App purposely made available by The Company for downloading from the Portal / Driver App, provided that You: (i) do not remove any proprietary notice language in all copies of such documents; or (ii) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or (iii) make no modifications to any such information; or (iv) do not make any additional representations or warranties relating to such documents.
6.4 You shall be solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Portal / Driver App (“Posted Content”), provided that such Posted Content is not restricted or prohibited under Applicable Laws or such Posted Content is not infringing any third party’s proprietary rights. Subject to the foregoing, such Posted Content will become The Company property and You grant The Company the worldwide, perpetual and transferable rights in such Posted Content. The Company shall be entitled to, use the Posted Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Posted Content. You agree that any Posted Content may be used by The Company in the manner that The Company deems fit, consistent with Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted Content by The Company. The Company will use such information in accordance with the Driver T&C including any The Company Policies. You hereby represent and warrant that You have necessary rights to all the Posted Content and information You provide and are authorized to provide such Posted Content and information for the Portal. Notwithstanding anything contained in this Section, You shall be solely responsible for any liability arising out of the Posted Content on the Portal.
7. PRIVACY TERMS
7.2 Notwithstanding the foregoing, The Company shall be entitled to disclose to all companies within its group, or any government body as may be required by law or by any official directive or request from such government body or any third party through a court process or other official agency, Your particulars, in any way as The Company, in its absolute discretion, deems fit or if it considers it in its interests to do so.
7.3 Driver’s will have a Happy Ride Account where the history of their travels would be maintained. The Company and its team can access that anytime from the backend as well and they will use this information from market analysis and R&D purposes.
7.4 The Company may also track the driver’s movements while they are logged in to the portal. This will serve as an SOS Function which can also be useful in case of emergencies and the driver needs assistance.
8. REPRESENTATIONS AND WARRANTIES
8.1 You represent and warrant that:
- You are eligible for registration on the Portal / Driver App and creation of an Account in terms of these Driver T&C.
- You have submitted all valid documents and photographs as necessary for becoming a Happy Ride Driver.
- You have all requisite power and authority to, deliver and perform the obligations imposed herein;
- The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement to which You are a party;
- You are the rightful owner of the Vehicle or have the requisite authority or assignment to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle that will hinder You from the performance of the Services;
- You have all rights, licenses and permits as may required by Applicable Laws to perform the Service in accordance with the terms of the Driver Agreement and these Driver T&C. The Driver hereby represents that he shall maintain and continue to maintain all local licenses, permits, approvals and consents in respect the Vehicle. You shall be responsible and liable for any violation of any law, rule or regulation in the performance of its obligations under these Driver T&C.
- You have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude. Further, You are not a party to any pending litigation which shall materially affect Your obligations under these Driver T&C.
8.2 You undertake that, at all times during the Term, You will:
- abide by these Driver T&C, Rules of Conduct and the other Policies, as may be made applicable to You from time to time;
- perform the Service/(s) in accordance with all Applicable Laws;
- not violate the intellectual property rights of The Company or of any third party and for any breach or violation of such intellectual property rights, iv. be solely responsible to comply with The Company’s Policies and adopt appropriate processes to prevent offering any illegal gratification in the form of bribes or gifts either in cash or in kind in the course of all dealings with The Company or the Customer or any other third parties.
9. PAYMENT TERMS
9.1 The Company provides a wallet system to the drivers which is provided in the driver application via which the points could be bought and used by the driver. These points are reflected and managed in the aforesaid wallet.
9.2 Drivers need to purchase the purchase the points from The Company in order to use their application to book cab services. The points used in a service provided would be equivalent to the job fare earned during the service.
9.3 The Driver needs to purchase these points upfront, only then they can use their application to accept the job. Driver can do the job of only for the same or the less amount of the points in their wallet at the time of taking the job request. No points or less points than the fare of the job means that the driver will not be able to take the job request.
9.4 The Company will be using third party softwares, in which case the payment made to these third party platforms by the customers will be considered payment to the drivers.
9.5 The Company will determine the city from which the ride started and in which city the ride finished and the fare charges may vary depending on the demand and business of the traffic.
10.1 You understand and acknowledge that The Company disclaims and shall disclaim all representations and warranties to the Customer, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all Vehicles of the Driver that are used by the Customers as a part of the Services and Services offered by the Driver through the Portal.
10.2 The Company does not warrant that You will be able to use the Portal / Driver App and/ or will be able to provide the Service/(s) at all times or locations on the Portal or that the Portal / Driver App and the Services provided through the Portal / Driver App will be uninterrupted or error-free or that the defects will be capable of being corrected by The Company in a timely fashion.
11.1 You acknowledge that pursuant to this Driver T&C, You will have access to confidential information of The Company and its affiliates which has been provided by The Company. You undertake to keep confidential all data and other confidential information of The Company and shall not sell or otherwise make that information available to any third parties.
11.2 Except as otherwise agreed, the data of Customers will be the exclusive property of The Company , and You will not use the same for Your own purpose or distribute such data in any form or means except for the purpose of these Driver T&C and shall keep it confidential at all times. Confidential information would include but not be limited to Customer details, market information, all work products and documents related thereto, the contents of the Portal, Driver App or any other information which is treated as confidential by The Company, and any other information, whether orally or in writing, received or to be received by You which is agreed to be treated as confidential, whether expressly or by implication.
12 INDEMNIFICATION AND LIMITATION OF LIABILITY
12.1 You agree and undertake to indemnify and to hold harmless The Company its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by You of the Your obligations, performance or observance of Your role, functions, responsibilities, representations, or warranties under the Driver T&C; (ii) any violation of The Company Policies; (iii) any harm to the reputation and goodwill of The Company; (iv) any claim of violation of intellectual property of a third party by Driver’s usage of The Company’s intellectual property in a manner not permitted under these Driver T&C; (v) Driver’s misconduct or unauthorized access to data on the Portal or permitting in any way by the Driver the transfer of such data to the competitors of The Company or its affiliates or to any third party; and (vii) fraud, negligence and misconduct of the Driver.
12.2 You shall be liable to indemnify and hold The Company harmless against all damages, losses, costs and expenses incurred by The Company as a consequence of any complaint from any Customer received by The Company with respect to defective Service/(s).
12.3 In addition to the indemnification rights of The Company under these Driver T&C, The Company shall also be entitled to such other remedies available under Applicable Laws.
12.4 In no event will The Company be liable for any losses arising from or in connection with these Driver T&C, pursuant to any claim by the Driver against The Company under contract, tort or otherwise, if such loses could have been avoided by the Driver using reasonable efforts to mitigate them. Further, The Comapny shall also not be liable to the Driver in contract, tort or otherwise for indirect, special, incidental, exemplary, punitive, or consequential damages of any kind whatsoever even if advised of the possibility of such damages.
12.5 The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Driver arising out of the use of the service offered by The Company to the Driver directly or indirectly, for any reason whatsoever, including but not limited to damage or loss caused to You as a result of a Customer’s non-compliance, which includes, but is not limited to, any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of The Company or any person or any organization involved in the above mentioned systems. The Driver shall also be liable to The Company for any loss caused to The Company due to the negligence of Driver or any unlawful act or omission in the performance of the Service.
13. TERMINATION OF DRIVER REGISTRATION
13.1 The Parties to these Driver T&C shall be entitled to terminate these Driver T&C with a prior written notice of 7 (seven) Business Days to the other Party without assigning any reason for the termination.
13.2 The Parties to these Driver T&C shall be entitled to terminate these Driver T&C for any breach of any obligations, representations or warranties, or any other material terms as contained in this Driver T&C by a Party which is not the Party proposing to terminate the Driver T&C at the end of 5 (five) days from the intimation of such breach to the breaching Party, if such breach is not rectified within 5 (five) days.
13.3 Upon termination of these Driver T&C in the manner set out in Clause 13.1 and 13.2 above, the registration of the Driver on the Portal shall stand cancelled and the Account shall be terminated and the Driver shall not be eligible to ply his Vehicle on the Portal.
13.4 Upon the expiry or early termination of these Driver T&C:
i. The Driver shall pay to THE COMANY all amounts due and owing to The Company.
ii. On the termination of Your registration, The Company will settle the Driver Proceeds which have become due to You on account of the Service to the Customers through the Portal and for other activities agreed from time to time , prior to the date of termination.
Iii Each Party shall promptly return to the other Party all property and materials including all devices and including confidential information and materials, furnished to it by the other Party pursuant to these Driver T&C. Where the confidential information cannot be returned in material form, the Party shall destroy the other Party’s confidential information.
Iv The Parties shall cease acting in a manner that would imply a continuing relationship between the Parties and shall cease all marketing and other activities contemplated under these Driver T&C.
V The Company disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of continued use of any branding by the Driver after expiry or termination of the Subscription Agreement and Driver T&C.
13. 5 Clauses 7 (Contents Posted on Mobile Application), 7 (Privacy Terms), 10 (Disclaimer), 11 (Confidentiality), 12 (Indemnification and Limitation of Liability), 13 (Termination of Driver Registration) and 14 (Dispute Resolution, Governing Law and Jurisdiction) shall survive the expiry/termination of these Driver T&C in accordance with their terms.
13.6 Expiry or earlier termination of this Agreement will not prejudice any rights of the Parties that may have accrued prior to expiry or termination.
13.7 Without prejudice to the foregoing, the termination of Your registration pursuant to any of the provisions contained herein above shall not limit or otherwise affect any other remedy (including a claim for damages), which The Company may have, arising out of the event which gave rise to the right of termination.
14. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
14.1 If any dispute arises between You and The Company, in connection with, or arising out of, these Driver T&C, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by Happy Ride Transportation Services LLP. Arbitration shall be held in Bangalore. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
14.2 These Driver T&C shall be governed by and construed in accordance with the laws of India. 14.3 Subject to clause 14.1, the courts in ______________ shall have the exclusive jurisdiction in connection with this Agreement.
14.4 In addition to above remedies, The Company shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain You from committing any violation of Your covenants and obligations. These injunctive remedies are cumulative and are in addition to any other rights and remedies The Company may have at law or in equity.
15.INDEPENDENT CONTRACTOR STATUS:
The relationship created by Driver T&C is that of independent contractors, and not partners, franchisees or joint ventures. No employees, consultants, sub-contractors or agents of one party is or will be deemed to be employees, consultants, contractors or agents of the other party, nor do they have any authority to bind the other party by contract or otherwise to any obligation, except as expressly set forth herein. The Driver shall not be deemed for any purpose to be an employee of The Company or any of its Affiliates. The Company shall not be responsible to the Driver or any governing body for any payroll-related taxes related to the performance of Services hereunder, including but not limited to, withholding or other taxes related to central or state income tax, social security benefits or unemployment compensation.
Neither these Driver T&C nor any of the rights, interests or obligations hereunder shall be assigned by the Driver to any third party, without the prior written consent of The company . may, at its sole discretion, assign the rights, interests or obligations hereunder to any person whosoever.
17 FORCE MAJEURE:
Any delay in or failure to perform any obligations by either party under the Driver T&C shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such Party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection (“Force Majeure”). Provided, however, You shall give prompt written notice within a period of 7 (seven) days from the date of the force majeure occurrence to The Company. You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 7 (seven) days from the date on which The Company receives the notice from You as above, The Company shall have the right to terminate these Driver T&C.
Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in these Driver T&C:
- By electronic mail. For the purposes of this sub-clause the Parties’ electronic mail addresses shall be the following, unless otherwise intimated by the Parties to each other,
- By SMS sent to mobile number at:
- By hand, against a written acknowledgement of receipt by the receiving Party.
- By registered mail. Same as mentioned in 18(iii) above.
In the event the delivery of the notice is attempted to be made at all the contact addresses provided by the party, the notice shall be deemed delivered on the third day from the date of the notice.
Either party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on part of any Party hereto exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such party.
Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
These Driver T&C may be modified or amended by The Company at its sole and absolute discretion.
ANNEXURE 1 : Documents Required to be Submitted for Registration as Driver
Please add the documents
Annexure 2: RULES OF CONDUCT
Driver will strictly follow these Rules of Conduct which shall be subject to change and any changes shall be intimated to the Driver from time to time via SMS or e-mail.
Rules of Conduct are mentioned below:
Breach/FIne Consequences: AS INFORMED BY THE COMPANY FROM TIME TO TIME
1. Asking for tips: Driver shall not Proactively ask for ‘tips’ from the Customer. Driver shall not hassle the Customer for change.
2. Wasting Customer’s Time: Driver shall not stop the Vehicle for filling fuel in between the journey. Driver shall not make any Personal stops during the journey.
3. Personal hygiene: Driver shall wear neat clothes at all times during duty hour. Driver shall maintain personal hygiene.
4. Customer Service: Driver shall greet Customers both at pick up and drop. Driver shall manage the luggage (both at pick-up and drop point). Driver shall ensure that vehicle’s AC is turned on before Customer sits in the Vehicle.
5. Vehicle Cleanliness: Driver shall keep the Vehicle and dashboard clean.
6. Disturbing Customer: Driver shall not play loud music (above mid-level of the stereo) or music through any kind of earphone device. Driver shall not unnecessarily blow horn. Driver shall not proactively engage into a personal conversation with the Customer and shall not resort to any kind of unpleasant behaviour with Customers.
7. No Smoking/Tobacco/Pan/Masala/Food Item: Driver shall not smoke inside the Vehicle. Driver shall not chew any masala or chewing gum or any other food item while a ride is in progress.
8. The Driver shall ensure that he has adequate change with him so that at all times he is in the position to return the balance amount to the Customer.
9. The Driver should not make any fake calls or give any missed calls to the Customer’s contact number. The Driver should only give a call to the Customer informing the Customer about the arrival of the Vehicle at the destination. Driver shall not make unwarranted use of the Customer contact details after the customer has been dropped at the destination.
10. The Drivers shall be well versed with the routes. The Driver shall not take any long route when there is another short route known to him for reaching the destination. The Drivers are not expected to halt at several places during the journey due to lack of knowledge of the routes.
11. Delay In Pick – Up: Driver should reach the pickup point (before pick-up time ). Driver must intimate the Customer that he has reached at the pick – up location.
12. Driver should keep his mobile ‘ON’ while he is logged into the The Company’s Portal and he should receive every call of the Customer. Driver should not make any deliberate attempt to park the Vehicle in ‘non-network’ area while the Customer is away for his/her personal work.
13. Rude Behavior with Female Customer: Driver shall not under any circumstance argue with the Customer/use abusive words / raise his voice tone while talking to the Customer. Driver should follow the instructions given by Customer as well as by The Company.
14. Mobile Phone Usage: Driver shall not use mobile phones (unless for emergency purposes) while driving. This includes but not limited to SMS, video calls, voice, MMS and downloading..
15. Reporting To THE COMANY : Driver shall not lie about Vehicle’s position to the The Company’s representative. Driver shall not report meter readings incorrectly. Driver shall provide opening and closing readings of the odometer on time as and when such reading is required to be provided by the The Company’s representatives.
16. Rash Driving: Driver shall not exceed the speed limit of: (i) 50 Kms per hour within the city; (ii) 60 Kms per hour on state highways; and (iii) 80 Kms per hour on National highways. If any other speed limits prescribed for any road which is lower than the speed limits specified in (i), (ii) and (iii) above, the Driver shall follow the said prescribed lower speed limits. Driver should not apply sudden breaks and should not take sharp turns that may cause inconvenience to the Customer.
17. Driving License (DL) & Other RTO Documents: While on duty hours with THE COMANY it is mandatory to keep DL and all relevant RTO impacting papers (T-permit, PUC, Insurance, RC, etc.).
18. While performing the Taxi Services, Driver should not sleep in the Vehicle.
19. Missing luggage: Driver should hand over the luggage or bags to the office, if the Customer has mistakenly left any luggage in his cab or the Driver should call to the Customer and inform him that he has forgotten his belonging in the cabs.
20. Traffic Rules: Driver shall obey all traffic rules including traffic signals. Driver shall keep all statutory documents (insurance documents, vehicle registration book/card, PUC Certificate, etc.) at all times. Driver shall wear seat belt all the time while driving.
21. Driver lying or completing service in bad-faith: Driver should follow the best and shortest possible route to reach the destination. Driver should not misrepresent or misguide the routes or duty slips to increase the fare.
22. Driver shall not consume/intake or be under the influence of alcohol or narcotic substances while logged into the The Company’s Portal.
23. Abusive or discriminatory Driver: Driver should not do anything like abusing the Customer, talking to Customer or any such behavior which shall make the Customer feel uncomfortable during journey. Driver should not discriminate against Customer for any reason, including on the basis of sex, race, caste, creed, religion, disability or nationality.
24. Rude behavior/ Customer inconvenience: Driver should not ask the Customer to get down from his vehicle in the middle of the journey even if any misunderstanding or verbal fights happen between the Customer and the Driver. If his Vehicle gets breakdown he himself should call the THE COMANY office and make arrangement for another vehicle at any cost for the Customer and drop the Customer to the drop location.
25. Extra Ordinary Circumstances: Any instance of Driver’s behavior that directly or indirectly impacts The Company’s “Brand Image”.
26. Maximum Weight Never load the vehicle above the manufacturer’s maximum specified weight.
27. Medically Fit Never drive the vehicle if medical conditions will impact the driving.
28. Unauthorized Goods or Persons: Not carry any unauthorized goods or persons till the completion of the Ride.