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Terms & Conditions for Drivers (Car / Bike / Auto)

Effective from April 15th, 2022

If you have any questions about this document, please contact Rider App at info@rider-app.com. Failure to do so within 12 (twelve) hours after receiving this document, and your acceptance of this document by clicking the 'I Accept' button, shall be deemed your understanding of this agreement

This document is an electronic record under the Information Technology Act of 2000 and its rules, as well as the provisions of other legislation dealing to electronic records as revised by the Information Technology Act of 2000. This electronic record is created by a computer system and does not require physical or electronic signatures.

You agree to be bound by this Subscription agreement, as well as the different exhibits linked to the subscription agreement, by clicking the "I Accept" button on this electronic contract. Before you begin using the portal, please read and understand all of the contents of this subscription agreement and exhibits, as you will be bound by all of the terms hereof once you click the "Accept & continue" button on this electronic contract. Please do not access the portal or utilize any of the services provided therein if you do not accept any of the terms mentioned above. Your acceptance of the subscription agreement constitutes a legally enforceable agreement between you and Rider App in relation to the services provided by Rider App.

It is expressly stated that the terms of this subscription agreement do not apply to your services performed for 'Rider App Technologies LLP,' i.e., Rider App's partnerships with other business entities.

This agreement is made between Rider App Technologies LLP, a company registered under the Companies Act, 1956, with its corporate office at 2nd floor, Valamkottil Towers, Judgemukku, Thrikkakara, Kochi, 682021, India,  (hereafter referred to as "Rider App" which expression shall mean and include its representatives, successors–in–office, affiliates, and assigns) On the one hand;

and

A taxi driver or taxi operator who provides on-demand transportation and wishes to list itself and its fleet of vehicles on the portal, the details of which are submitted in Exhibit A ("vehicle(s)"), in order to provide transportation services to portal Users via the vehicle(s). The transport service provider has represented that it meets the eligibility criteria set forth in Exhibit D and is in conformity with all applicable laws in order to provide transportation services through the portal.

Or

A driver who wants to put himself and his vehicle on the portal, the details of which are provided in Exhibit A ("vehicle(s)"), so that he can provide transportation services to portal users through his vehicle(s). The transport service provider has represented that it meets the eligibility criteria set forth in Exhibit D and is in conformity with all applicable laws in order to provide transportation services through the portal. (hence referred to as "transport service provider") of the other half.

Individually, the Rider App and the Transport service provider will be referred to as "parties" and collectively as "parties."

Exhibits 'A', 'B', 'C', and 'D' are referred to collectively as 'Exhibits.'

Whereas Rider App Technologies LLP owns and operates "Rider App," an online booking platform, and any upgrades from time to time, as well as any other software that enables the use of the application or any other URL as may be specifically provided by Rider App ("portal"), which lists and aggregates the cab service providers and motor cabs registered with it.

And, based on the transport service provider's representations and warranties, Rider App has agreed to list the transport service provider and the vehicle(s) on the portal ("Provider app") in order for the transport service provider to provide transportation services through the 'Provider app' in accordance with the terms and conditions set forth herein.

As a result, the parties hereto agree to the following:

I. Scope and obligations

1. The cab service provider and the vehicle(s) will be registered with Rider App upon execution of this agreement and provision of the details in Exhibit A (hereinafter referred to as "registration data"), making the cab service provider eligible for an online account on the service provider's app ("account") for providing transportation services through the service Provider's app.

2. The registration of the transportation service provider and vehicle(s) with Rider App is subject to the conditions set out in Exhibit D and Exhibit B, respectively. The registration of the transport service provider and vehicle(s) with Rider App is also subject to the additional data and documentation pertaining to the transport service provider and vehicle(s) as detailed in Exhibit A. For the purposes of onboarding and background verification, the transport service provider understands and consents to the collecting, storage, and sharing of the Aadhaar card and any information retrieved from it with third-party vendors and/or government authorities.

3. The transport service provider acknowledges and agrees that this agreement and the transport service provider terms and conditions available at Rider App's offices ("transport service provider T&C"), a copy of which is annexed as Exhibit B to this agreement, govern all of the transport service provider's and Rider App's rights, obligations, and liabilities. The transport service provider certifies that it has read and completely comprehended this agreement as well as the transport service provider T&C, and that the terms included therein are acceptable to the transport service provider.

ii. Device

Transport service provider may bring his own device for registration on the service provider app. The transport service provider promises that the device will be turned on at all times during the performance of the service, with no exceptions. The following are the provisions that apply to the device:

1. The transport service provider may use his own smartphone to register on the service provider app, as long as the model and capability are defined and reported to the driver via the Rider App. In this case, the Service Provider App can be downloaded and installed via the Appstore / Playstore / Rider App Website. If necessary, the Rider App will also teach the transport service provider on how to utilize the device in relation to the service provider app and Portal. If the smartphone is stolen, the transport service provider must promptly block, suspend, or deactivate the service provider app and his account.

2. The transport service provider must not use the Provider App for any illegal or unlawful purposes and must only use it in accordance with the conditions of this contract. Any violations of law committed by the transport service provider as a result of the abuse of the Provider App are solely the responsibility and liability of the transport service provider.

3. If the service provider app is not working properly on the device, the transport service provider must immediately contact the Rider App's designated offices to report any issues with the service provider app as well as the device's compatibility with the service provider app.

4. Rider App will help the transportation service provider in installing the service provider app as well as other programmes, such as software, applications, and content, as defined solely by Rider App.

iii. Representations and warranties

1. The transport service provider represents and certifies that he or she is the registered owner or lessee, as the case may be, of the vehicle(s) and the permit holder of the vehicle(s) to offer transportation services (s).

2. The transport service provider represents and declares that it has all necessary capacity and authority to supply and perform the obligations set forth in this agreement.

3. The transport service provider represents and warrants that entering into and performance of the transactions contemplated by this agreement and transport service provider T&C does not and will not conflict with any law or regulation applicable to the transport service Provider or any guidelines, rules, regulations including any judicial, official, governmental and / Or statutory and/or regulatory orders and/or judgments whether interim, final or otherwise or with any other contract to which the transport service provider is a party.

4. The transport service provider represents and warrants that the transport service Provider has not been convicted by any court in India for any cognizable offence or an offence punishable with imprisonment for more than 3 years, under the laws of India.

iv. Disclaimer

1. You agree that Rider App’s role is limited to (a) managing and operating the portal and the Service provider app and being a market place solely for the display of the transport services in the manner decided by Rider App unilaterally, (b) being an online booking platform facilitating the provision of transport services by the transport service provider to the users of the portal, and (c) payment collection through an e-wallet (Rider App money powered by Razorpay) to facilitate the transactions between transport service provider and the users of portal. Accordingly, Rider App is merely an intermediary providing online marketplace services and the service provider app is only a platform where transport service provider shall offer transport services to the users on execution of the agreement and registration and acceptance by users of the customer terms and conditions on the portal.

2.  To the extent permissible under applicable laws, Rider App disclaims and shall disclaim all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the breach by the transport service provider (a) of the applicable laws in respect of the transport Services; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of the transport service provider T&Cs; or (d) of the duty of care the Transport service provider owes to the users of the portals.

3.  Rider App does not warrant to the transport service provider that the transport service Provider will be able to use the service provider app on the portal at all times Or locations or that the service provider app on the portal and the transport Services provided through the service provider app on the portal will be uninterrupted or virus-free or error-free or free from any technical glitches or malicious software and that the defects will be corrected by Rider App.

V. Payment terms

In consideration of Rider App providing the transport service provider’s and the vehicle’s information on the portal, and for enabling the transport service provider to provide transport services through service provider app on the portal, various payments, more particularly set out in the commercial terms segment annexed hereto as Exhibit C, between the transport service Provider and Rider App (“fees/pay rolls”) shall be settled in the manner set out and paid in the manner set out in the commercial terms segment annexed hereto as Exhibit C.

Vi. Confidentiality

The transport service provider acknowledges that pursuant to this agreement, the transport service provider may have access to confidential information of Rider App and its affiliates, which has been provided by Rider App. The transport service provider undertakes to keep confidential all data and other confidential information of Rider App and shall not sell or otherwise make that information available to any third party.

Confidential information shall mean and include all information, whether verbal or written, disclosed to the transport service provider by Rider App or portal users, as the case may be, but not be limited to portal users details (i.e., personal information and sensitive personal information as defined under the information technology (reasonable security practices and procedures and sensitive personal information) rules, 2011), phone numbers, market information, all work products and documents related thereto, the contents of the service provider app / portal or any other information, whether provided orally or in writing, received or to be received by the transport service provider.

Further, the confidential information at no times can be disclosed to any party in the same or similar business as that of Rider App (“competitor”). In the event, Rider App becomes aware that the confidential information has been disclosed to a competitor or has been used for the benefit/interest of the competitor, Rider App can claim such direct and indirect damages as it may suffer due to such losses.

vii. License and proprietary rights

1. License grant: subject to the terms and conditions of this agreement, Rider App hereby grants the transport service provider a limited, non-exclusive, non-transferable, non-sub licensable, non-assignable license, during the term of this agreement, to the service provider app on the portal of Rider App solely for the purpose of providing transport services to the portal users and also for settlement of fees between Rider App and transport service provider. All rights not expressly granted to the transport service provider are reserved by Rider App.

2. Ownership. The portal, service provider app and confidential information, including but not limited to all intellectual property rights such as company name, logos, product and service names, trademarks, services marks or other indicia of ownership (“Rider App Technologies LLP”), shall remain (as between the transport service provider and Rider App) the property of Rider App Technologies LLP. Neither this agreement, the transport service provider T&C nor transport service provider’s use of the portal and service provider app conveys or grants to the transport service provider any rights: (a) in or related to the portal and service provider app, except for the limited license granted above; or (b) to use or reference in any manner Rider App’s intellectual property.

3. The transport service provider agrees that it shall not reproduce, transcribe or make any copies of the Rider App intellectual property, in any form or manner and not copy or reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of any such Rider App intellectual property.

viii. Indemnification

1. The transport service provider agrees and undertake to indemnify and to hold harmless Rider App and other parties determined by Rider App, Rider App 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 the transport service provider of the transport service provider’s obligations, responsibilities, representations, or warranties under the subscription agreement and/or transport service provider T&C; (ii) breach of any service level commitments provided in Exhibit B; (iii) any infringement or unauthorized use of intellectual property rights of Rider App including but not limited to infringement of intellectual property rights of Rider App in the service provider app or portal (iv) Any breach of the confidentiality obligations of the transport service provider under this agreement or transport service provider T&C (v) any violation of the applicable law, applicable license and permit terms of the transport authorities; (vi) any violation of Rider App policies by the transport service provider; (vii) any harm to the reputation and goodwill of Rider App directly attributable to the transport service provider; (viii) damage, unauthorized use or loss of the service provider app in the device; (ix) death, fraud, theft, misconduct, negligence or deficiency of transport services by the transport service provider; any negligent act or omission committed in the course of transport services hereunder, or any misrepresentation made during the course of transport services hereunder; (x) personal injury to or property damage of user of portal including but not limited motor accident claims, if any, asserted against Rider App and its associates by reason of the use and operation of transport service provider’s vehicle(s); (xi) civil or criminal offense under law or in the opinion of Rider App; (xii) failure of the transport service provider to make tax payments in accordance with applicable laws.

2. The transport service provider shall be liable to indemnify and hold Rider App harmless against all damages, losses, costs and expenses incurred by Rider App as a consequence of any complaint from any user of the portals received by Rider App with respect to deficient transport services.

3. Notwithstanding anything contained in this agreement, however, subject to applicable laws, the total aggregate liability of Rider App under this agreement or transport service provider T&C whether in contract (including in respect of the indemnity), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising out of or in connection with the performance or contemplated performance of this agreement shall be limited to INR 1000/- (rupees one thousand).

ix. Specific indemnity

The driver shall be solely liable for any and all accidents/incidents involving the vehicle, while providing the taxi services. Rider App shall not be held liable for any such accidents/ incidents involving the driver’s vehicle. All miscellaneous expenses pertaining to the vehicle, such as maintenance expenditures, penalty for violation of traffic rules, etc., shall be borne solely by the driver, and Rider App shall not be held liable or responsible for the same.

x. Entire agreement

This agreement along with, various exhibits and transport service provider T&C, which exhibits and transport service provider T&C will be E-contracts, shall form the entire agreement between the parties and shall supersede and override all previous communications, either oral or written, between the parties with respect to the subject matter of this agreement, and no agreement or understanding varying or extending the same shall be binding upon any party hereto unless arising out of the specific provisions of this agreement or transport service provider T&C. In the event of any contradiction between the terms contained under this agreement and the transport service provider T&C, the terms of the transport service provider T&C shall prevail.

xi. Term and termination

1. This agreement shall be valid for a period of 5 (five) years and shall be renewed automatically, unless otherwise agreed between the parties.

2. The parties to this agreement shall be entitled to terminate this agreement with a prior written notice of 7 (seven) business days to the other party without assigning any reason for the termination.

3. Rider App shall be entitled to terminate this agreement immediately for breach of any terms in this agreement by the transport service provider.

4. Upon termination of this agreement, the registration of the transport service provider with Rider App shall stand cancelled and the account shall be terminated and the transport service provider shall not be eligible to ply his vehicle(s) on the service provider app on Rider App’s portal.

xii. Notice

1. 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 this agreement:

i. 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,

Rider App: info@rider-app.com

Transport service provider: as provided during attachment.

ii. By sms sent to mobile number at:

Rider App: not applicable;

Transport service provider: as provided during attachment.

iii. By hand, against a written acknowledgement of receipt by the receiving party.

iv. By registered mail.

2. In the event the delivery of the notice is attempted to be made by means set out in clauses xi(1)(iii) and (iv) by the party, the notice shall be deemed delivered on the third day from the date of the notice.

Xiii. Relationship between parties

i. During the term of this agreement, the transport service provider shall operate as and have the status of an independent contractor and shall not act as, be or construed to be an agent or employee of Rider App. The relationship between the parties is on a principal-to-principal basis, and none of the provisions of this agreement shall be interpreted as creating the relationship of employer and employee between the transport service provider and Rider App at any time, under any circumstances or for any purpose. Therefore, the transport service provider will not be entitled to any employee benefits, statutory or otherwise, offered by Rider App to its employees including but not limited to wages, vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, or employee benefits of any kind. The transport service provider shall be responsible for the payment of all applicable taxes to which he may be subject as an independent contractor.

ii. The transport service provider agrees not to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of Rider App. The transport service provider does not have the authority to create, modify or terminate a contractual relationship(s) between Rider App and any third party or act for or bind Rider App in any respect. Any act of the transport service provider on behalf of Rider App which may be regarded as over and above the duties and responsibilities as provided in this agreement, shall be deemed to be unauthorized, unlawful and the transport service provider shall be personally liable for the same.

xiv. Governing law and dispute resolution

1. If any dispute arises between the transport service provider and Rider App, in connection with, or arising out of, this agreement, 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 Rider App. Arbitration shall be held in Kochi. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the parties.

2. This agreement shall be governed by and construed in accordance with the laws of India. Subject to clause xii (1), the courts in Kochi shall have the exclusive jurisdiction in connection with this agreement.

3. In addition to above remedies, Rider App 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 transport service provider from committing any violation of the covenants and obligations set out in this agreement. These injunctive remedies are cumulative and are in addition to any other rights and remedies Rider App may have at law or in equity.

xv. Amendment

Rider App may amend the provisions of this agreement and exhibits annexed to this agreement at its own discretion and notify in accordance with the means provided in clause xi such amendments to the transport service provider.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit-A

Details of vehicle and the transport service provider

Part I- Details of vehicle:

A. Information to be provided:

- Vehicle’s license plate number;

- Chassis or engine number;

- Such other information as may be required by Rider App.

B. Documents to be provided:

- Pollution under control certificate;

- Certificate of registration;

- Certificate of fitness;

- Permit, as may be required under applicable law, to ply the vehicle;

- Road tax receipts;

- Commercial insurance policy covering the third party risks; and

- Such other documents as may be required by Rider App.

Part ii- Details of the transport service provider:

A. Information to be provided:

Name:

Permanent address:

Current address:

Phone no.:

Email ID:

Bank account details of the transport service provider (bank name, account number and IFSC Code);

Bank account details of the beneficiary (if any);

Contact details of 2 (two) family members of the transport service provider; and such other documents/ information as may be required by Rider App

B. Documents to be provided:

- A passport size photograph of the transport service provider;

- Valid driving license of drivers who will be employed by transport service

- Public service badge issued by the relevant transport department of drivers who will be employed by transport service provider to provide services on Rider App platform;

- Police verification report of the driver

- Copy of residential proof such as utility bill, ration card, passport etc.

- Passbook or cancelled cheque of transport service provider;

- Aadhaar Card copy

- Such other documents/ information as may be required by Rider App.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit-B

Transport service provider terms and conditions

Driver terms and conditions

These terms and conditions (as defined) shall be applicable as set out below-

1. If the transport service provider (as defined in the subscription agreement) is an operator providing services to the customers through the drivers employed by the operator, these terms and conditions shall be interpreted in the manner so as to apply to the operator as well as to the drivers employed by the operator; and

2. If the transport service provider is an individual providing services to the customers directly, these terms and conditions shall be interpreted in the manner so as to apply to an individual transport service provider operator.

Definitions:

All of the defined and capitalized terms in these driver T&C will have the meaning assigned to them herein below. Any term not defined here shall have the meaning assigned to it in the subscription agreement.

“Acceptance” means your affirmative action of clicking on the box against the words “accept & continue” provided at the end of these driver T&C, by which action, you unequivocally accept the driver T&C and any modifications thereof.

“Account” refers to the account created by Rider App at its sole discretion, for the driver subsequent to the driver submitting and Rider App verifying the registration data.

“Applicable laws” shall mean and include all applicable statutes, enactments, acts of the legislature or the parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court, in India.

“Booking” shall mean the allotted service request.

“Business day” means a day on which banks are open for business in the city of operation.

“Cancellation fee” shall mean the fare payable by the customer towards cancellation of a booking made by a customer.

“City of operation” shall mean the city in which the subscription agreement is executed by and between the driver and Rider App.

“Commercial term segment” shall mean Exhibit C of the subscription agreement, which contains the commercial terms for service provided by the drivers.

“Content” shall have the meaning given to it in 7.1.

“Convenience fee” shall mean the fee payable by the customer for availing the technology services offered by Rider App. Convenience fee will be charged for each service request placed by the customer on the portal.

“Customer” shall mean such person, who places a service request on the portal and has accepted the customer terms of use and privacy policy of the portals (as applicable).

“Customer’s terms of use” shall mean the customer terms and conditions as provided on the Rider App portal for availing the service.

“Device” shall mean Mobile phone, Tab, etc., as the case may be, used for the application of the services.

“Driver” or “you” or “your” or “yourself” shall mean an individual, who has an account with Rider App and in the event of operator drivers, shall include the operator drivers for purposes of compliance with these terms and conditions.

“Provider app” means the electronic interface on the Rider App portal from where the driver’s account is accessible to the driver. Login credentials (user id and password) for the driver app shall be provided by Rider App.

“Driver Payroll” shall mean the net amount receivable by the driver after deduction of Rider App’s commission and such other amounts as may be provided in the commercial terms segment or notified otherwise.

“Fare” shall mean the fare payable to the transport service provider as is also reflected on the device after completion of the service. The driver permits Rider App to review and revise the fare as per the market conditions.

“Force majeure” shall have the meaning given to in clause 16.4.

“Information” shall mean the details furnished by the driver at the time of signing the subscription agreement and/or otherwise during and after the drivers registration on the driver app on the portal and successful creation of an account.

“Rider App” or “we” or “us” or “our” shall mean Rider App Technologies LLP, a company incorporated under the companies act 1956, and having its registered office at Ernakulam, Valamkottil Towers, 2nd floor, Thrikkakara, Ernakulam, 682021, India, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.

“Fleet Owner” shall mean a transport service provider who has listed himself / itself and his / its fleet of vehicles on the portal to provide services to the customers through the drivers employed by the operator.

“Fleet owner drivers” shall mean the drivers employed by the operator for providing services to the customers.

“Parties” shall mean, collectively, the driver and Rider App and “party” shall refer to any one of them.

“Portal” shall mean such features of the Rider App mobile application.

“Posted content” shall have the meaning given to in clause 7.4.

“Service” means the service of picking a customer from the pick-up point as prompted on the device and dropping the customer at the drop point entered by the customer at the time of placing his / her service request and accepted by the driver.

“Total ride fee” shall include the fare, the convenience fee, additional fee (if any) and the cancellation fee (if any), reflected on the device and such other fee, as may be applicable.

“Service request” means a request placed by the customer on the portal to avail the service offered by the driver.

“Subscription agreement” shall mean the agreement entered into between Rider App and the driver / operator pursuant to which the driver / operator has agreed to provide transport services in accordance with these driver T&C, as amended from time to time.

“Subscription amount” shall mean the amount paid by the driver at the time of subscription to portal of Rider App, if any.

“Rider App policies” means the “privacy policy”, zero tolerance policy & such other policies (including any amendments thereof), which Rider App may issue and make applicable to driver from time to time and make available to the driver on the driver’s request.

“Term” means the period commencing from the date of acceptance of the driver T&C by the driver up to the date of termination of the subscription agreement and/or these driver T&C.

“Terms and conditions” or “driver T&C” refers to these driver T&C which are available at the portal, as may be amended from time to time.

“Vehicle” shall mean ‘Car/Auto/Bike/Van’ as defined under the motor vehicles act, 1988.

“Wallet” shall mean the prepaid payment instruments available for payments in the Rider App portal.

“Zero tolerance policy” shall mean the policy of Rider App as detailed under the annexure to these driver T&C, as may be amended from time to time.

 

 

1. Applicability of driver T&C

These driver T&C together with the subscription agreement, commercial term segment, zero tolerance policy, Rider App policies, shall be deemed to be incorporated by reference into these driver T&C and shall form the complete understanding between the parties. By accepting the driver T&C, you acknowledge and agree to the subscription agreement and various exhibits to the subscription agreement, Rider App policies and any other policy that Rider App 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 Rider App’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 Rider App unilaterally, payment collection through cash, or wallet to facilitate the transactions between you and the customers. Accordingly, Rider App 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 Rider App have any obligations or liabilities in respect of such contract.

2.2 The driver confirms and undertakes that Rider App does not own or in any way control the vehicle used by a driver rendering the said service to the customer. Rider App 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. Rider App 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, booking will be allotted to the driver on the device or in such other manner as may be agreed between the driver and Rider App from time to time.

3.2 The driver shall duly complete all bookings allotted in connection with the services and promptly notify Rider App immediately by means of short message service / telephonic calls of any changes / deviations to the booking, which may affect the provision of the service.

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 Rider App call center. If the assistance pertains specifically to the device, driver app, portal or anything therein, then such issue may be directed to the call centers of Rider App.

3.4 Upon a service request being allotted to the driver on the driver app, Rider App 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 Rider App may deem fit, as the case may be, required by the customer to identify the driver and vehicle.

3.5 Once a booking is allotted, Rider App will provide the driver with the necessary customer information in order to enable the driver to satisfactorily provide the service. Such information shall be treated as confidential information in terms of clause 13 below.

3.6 In the event, the driver is a female; the driver shall not accept service requests from 20:00 hours in the evening to 08:00 hours in the morning for your own safety.

4. Communication

4.1 When you use the driver app on Rider App’s portal or send emails or other data, information or communication to Rider App, you agree and understand that you are communicating with Rider App through electronic records and you consent to receive communications via electronic records from Rider App periodically and as and when required. Rider App 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 Rider App through your registered phone number and/or e-mail id. You consent to be contacted by Rider App via phone calls/sms notifications. You agree that any communication so received by you from Rider App 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 Rider App, you hereby agree to (i) provide information that Rider App 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 Rider App’s obligations under these driver T&C.

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 Rider App. The driver shall be liable for any loss caused to Rider App 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 Rider App, 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, or any transport service provider shall not allow unauthorized persons to drive the vehicle. Rider App reserves the right to take any action at its sole discretion for any violation by the driver or the transport service provider, which may extend to but not limited to termination and/or other legal action.

5.8 The driver or any transport service provider 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 Rider App 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 the subscription agreement or these driver T&C by him/her is likely to cause Rider App substantial and irreparable damage and therefore, in the event of any such breach, in addition to such other remedies which may be available Rider App 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 Rider App 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 ensure that he is not using the device for using competitors service or any other purposes while using our App. in the manner provided under these driver T&C. The driver shall ensure that the device is not busy for long, unavailable or switched off while the vehicle is being plied on the portal.

5.12 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.

5.13 On allotment of a booking in response to a service request, the driver shall ensure that the vehicle arrives prior to the pick-up time.

5.14 The driver shall ensure that the customer pays the total ride fee as well as additional surcharge (if applicable) and any fee or levy presently payable or hereinafter imposed by applicable law. In the event, the customer pays by cash for the services, the transport service provider shall collect the total ride fee and remit the convenience fee and cancellation fee (if any), to Rider App in the manner solely determined by Rider App.

5.15 The driver will have a functioning mobile number and also have the ability to read text messages sent by Rider App, regarding the customer details and to convey customer feedback.

5.16 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 Rider App. 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 Rider App may at its sole discretion terminate the driver’s registration and disable the driver’s access to the portal. Rider App shall in no event be liable for loss of or damage caused to the property of the customer.

5.17 Driver hereby acknowledges and agrees that Rider App shall alone be responsible for settling any payment related issues between customer and driver. In case of any conflict, the driver shall seek instructions from Rider App. The driver agrees that the decision taken by Rider App shall be final and binding on the driver in the aforesaid case.

5.18 The driver shall make himself/ herself available for such trainings as Rider App may be required to organize pursuant to applicable law or as Rider App may deem necessary from time to time.

5.19 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.

5.20 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 Rider App 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.

5.21 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 Rider App 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.

5.22 The driver agrees that the costs associated with the maintenance of the vehicle shall be borne by the driver.

5.23 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 Rider App by the driver or any misbehavior with Rider App representatives; misbehavior shall include within its purview using abusive language, causing physical harm and making indecent gestures;

vi. Any physical and/or mortal danger caused to the customers whilst using or in connection with the service;

vii. Any delay of more than 10 (ten) minutes caused to the customer(s); and

viii. Charging excess total fee from the customer or charging the customer more than what is displayed on the device.

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 Rider App; or

ii. Be the reason for Rider App 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 Rider App shall not be responsible in any manner. If there is any serious complaint regarding any particular vehicle and/or driver, Rider App 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, Rider App 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 Rider App, then in addition to Rider App retaining the right to exercise other remedies, may require the driver to promptly pay Rider App an amount equal to the discrepancy and may ask for an additional amount as fine from the driver. The audits will be conducted at Rider App’s expense; provided, however, that if the audit reveals an underpayment by the driver with respect to collection and submission of payments to Rider App in excess of 5% (five percent), then driver, in addition to payment obligations described above, will promptly reimburse Rider App for all reasonable, third party audit fees.

5.27 Rider App may require the driver to affix Rider App brand including but not limited to its logo / Sticker on the vehicle. In such event, driver shall extend all necessary support and assistance to Rider App for affixing Rider App brand on the vehicle. It is hereby clarified that driver will not be entitled for any additional payments for the Rider App logo / sticker affixed on the vehicle, if any. Rider App logo / sticker / brand will be affixed subject to the provisions of clause 14.4(v) of these driver T&C.

6. Device

The Device shall be minimum compatible with Android Version 5.0 and for IOS Version 11.0.

7. Contents posted on portal / driver app

7.1 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 Rider App and is protected under the applicable law.

7.2 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 Rider App’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 Rider App;

(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 Rider App.

7.3 You may use information on the portal / driver app purposely made available by Rider App 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.

7.4 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 Rider App’s property and you grant Rider App the worldwide, perpetual and transferable rights in such posted content. Rider App 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 Rider App in the manner that Rider App deems fit, consistent with applicable laws and you are not entitled to any payment or other compensation for such use of posted content by Rider App. Rider App will use such information in accordance with the driver T&C including any Rider App 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.

8. Rider App’s reserved rights

8.1 Rider App may, upon notice to the driver, delist or remove the information pertaining to the driver from the portal / driver app.

9. Privacy terms

9.1 Rider App stores and processes your information, including any sensitive financial information, in accordance with the Information technology act, 2000 and the rules made there under as well as the privacy policy of Rider App as will be notified to you via text message and/or e-mail from time to time. If you object to your information being used in the manner prescribed by law or under Rider App’s privacy policy, please refrain from continuing to use and registering on the portal / driver app.

9.2 Notwithstanding the foregoing, Rider App 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 Rider App, in its absolute discretion, deems fit or if it considers it in its interests to do so.

10. Representations and warranties

10.1 You represent and warrant that:

i. You are eligible for registration on the portal / driver app and creation of an account in terms of these driver T&C.

ii. You have all requisite power and authority to, deliver and perform the obligations imposed herein;

iii. 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;

iv. 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;

v. You have all rights, licenses and permits as may require 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.

vi. 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.

10.2 you undertake that, at all times during the term, you will:

i. Abide by these driver T&C, zero tolerance policy and the Rider App policies, as may be made applicable to you from time to time;

ii. Perform the service/(s) in accordance with all applicable laws;

iii. Not violate the intellectual property rights of Rider App or of any third party and for any breach or violation of such intellectual property rights,

iv. Be solely responsible to comply with Rider App 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 Rider App or the customer or any other third parties.

11. Disclaimer

11.1 You understand and acknowledge that Rider App 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.

11.2 Rider App 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 Rider App in a timely fashion. Rider App’s portal, and all other technology developed and installed on the device by Rider App are provided on an “as is” and “as available” basis and Rider App specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, or any other warranty arising from the course of performance or course of dealing. Rider App also does not provide any warranties as regards the compatibility of Rider App’s portal, driver app or any other installed technology with the device of the driver and the results as well as performance of the portal / driver app may vary depending on the model of the device.

12. Confidentiality

12.1 You acknowledge that pursuant to this driver T&C, you will have access to confidential information of Rider App and its affiliates which has been provided by Rider App. You undertake to keep confidential all data and other confidential information of Rider App and shall not sell or otherwise make that information available to any third parties.

12.2 Except as otherwise agreed, the data of customers will be the exclusive property of Rider App, 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 Rider App, 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.

13. Indemnification and limitation of liability

13.1 You agree and undertake to indemnify and to hold harmless Rider App 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 Rider App policies or any other policies provided by Rider App; (iii) any harm to the reputation and goodwill of Rider App; (iv) any claim of violation of intellectual property of a third party by driver’s usage of Rider App’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 Rider App or its affiliates or to any third party; and (vii) fraud, negligence and misconduct of the driver.

13.2 You shall be liable to indemnify and hold Rider App harmless against all damages, losses, costs and expenses incurred by Rider App as a consequence of any complaint from any customer received by Rider App with respect to defective service/(s).

13.3 In addition to the indemnification rights of Rider App under these driver T&C, Rider App shall also be entitled to such other remedies available under applicable laws.

13.4 In no event will Rider App be liable for any losses arising from or in connection with these driver T&C, pursuant to any claim by the driver against Rider App under contract, tort or otherwise, if such losses could have been avoided by the driver using reasonable efforts to mitigate them. Further, Rider App 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. Notwithstanding anything contrary contained elsewhere in the agreement, the total cumulative liability of Rider App to the driver or to any person claiming under or through it, shall not exceed inr 1000/- (rupees one thousand only).

13.5 Rider App 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 Rider App 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 Rider App or any person or any organization i