This agreement lays down the terms of Services, agreed upon by the Company and Service Provider. Whether stated explicitly in the Agreement or not, both the Service Provider and the Company have the duty of mutual confidence and trust, and to make only lawful and reasonable demands on each other.
BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USE OF THIS APPLICATION, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE HEREIN CONTAINED TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU THEN HAVE NO RIGHTS TO THE APPLICATION AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS NOR USE THE APPLICATION.
WHEREAS, the Parties hereto desire to enter into this Agreement to define and set forth the terms and conditions for the services to be provided by the Service Provider for the Company;
NOW THEREFORE in consideration of the mutual covenants and agreements set forth below, it is hereby covenanted and agreed by the Company and the Service Provider as follows:
1. ROLE OF THE SERVICE PROVIDER
- Upon accepting this Agreement by way of clicking on “I Agree”, the Service Provider agrees to provide the services to the end Customers of the Company on request basis.
- During the term period of this Agreement, Service Provider shall ensure that they enable/switch on the Application.
- During the term period of this Agreement, the Service Provider shall ensure they have all the licenses, permit and other relevant document for the Vehicle updated.
- During the term period of this Agreement, the Service Provider shall ensure they have their internet service updated and connected to the Application all the times. In case they are facing any issue with their internet services, they shall intimate it to the Company immediately.
2.SCOPE OF SERVICES
The Service Provider shall be engaged with the Company and shall provide the Services for the Company under the terms and conditions set forth in this Agreement. The prime responsibility of a Service Provider shall be including but not be limited to:
The fulfilment of the availed services by the Customer of the Company and accept payment at the end of service either through cash or online methods. The services shall include:
- Ride services to the Customer as per their request, from one place to another;
- Delivery of courier, packages, parcels to the Customer or to the Delivery Location as per the request;
- Delivery of Food, Grocery, Flower, etc.;
- Utility Service Provider (such as Electrician, Plumber, Helper, etc.) to check the customer request, accept and reach the job location by their own ways, complete the work.
- It is understood and agreed that the validity of the Registration on the Application shall be operative till 1 Year (“Term”) from the Date of Registration.
- After the Term, the Service Provider can extend his registration on the Application by registering again with the updated details.
- The Term of this Agreement, shall end, in case the Service Provider abridges any clauses of the Agreement and other Policies of the Application.
- Service Provider’s Representations
3.Service Provider’s Representations
- The Service Provider agrees that during the course of the services, they shall devote their full business time to the business affairs of the Company and shall perform the duties assigned to him/her faithfully and efficiently, and shall endeavor, to the best of their abilities to achieve the goals and adhere to the parameters set by the Company.
- The Service Provider shall provide the following documents to the Company:
- A copy of their Bank Passbook or a cancelled Cheque;
- Police Verification certificate;
- PAN Card;
- Aadhaar Card;
- Driving License;
- Registration Certificate;
- Valid Permit for Taxi drivers;
- Pollution Certificate;
- Insurance Policy;
- Recent Photograph; and
- Any other documents as may be required by the Company, from time to time.
- The Service Provider further promises to never engage in any theft of the Customer’s property or attempt to defraud the Customer in any manner.
- The Service Provider shall strictly refrain from using Company’s assets for his/her personal use.
- The Service Provider shall accept the orders on information/ notification received on the platform and shall make delivery with the least time possible.
- The Service Provider shall accept the Payment from the Customer in the appropriate manner as per the platform indication. In case the Service Provider has procured Cash Payment from the Customer, the Service Provider shall remit the same to the Company as per the agreed manner.
- The Service Provider shall not be assigned duties and responsibilities that are not generally within the scope and character associated or required of other Service Providers of similar rank and position.
- The Service Provider shall work for the number of hours specified by the Company or on the number of deliveries to be completed a day and shall be eligible to receive a weekly off-day as may be decided by the provider himself.
- The Company reserves its right to vary working hour stipulations at its discretion and shall be entitled to apply flexible working hours or flexible shift hours in accordance with requirements for deliveries. The Service Provider shall not work for more than 10 Hours continuously.
- The Company shall notify the Service Provider of all such changes to working hours, as per the provisions of this clause and may require the Service Provider to work additional hours, including on off-days and holidays that may be reasonably required for the fulfilment of their duties.
- Any and all modifications to working hours, shifts or additional hours of work as provided for in this clause shall not entitle the Service Provider to any additional remuneration or benefits not contemplated in this Agreement.
- The Service Provider shall follow all the covid protocol, maintain the vehicle in clean and updated.
- The Service Provider shall not misbehave with the Customer/ User of the platform in any manner. The Service Provider shall also not ask any favour, extra cash, tip from the Customer/User.
- The Service Provider shall always be on time and shall not divert from the given route as per the platform. The Service Provider shall verify the pin before commencing the journey on the platform.
- The Service Provider shall not join the duty in intoxicated state or they shall consume alcohol/ drugs or any other substances during the working hours.
- The Service Provider shall drive in a professional manner and shall always remain within the speed limits of the location.
- The Service Provider shall not open, damage or alter the packaging, parcel or the courier. The Service Provider shall dispatch the item within the time limits.
- The Service Provider shall also maintain all the courier service Papers / bills, towards the loading and delivery of the Goods. The Service Provider shall take sign and authorization of the Customer/ User in the proper manner.
- Upon Completion of a work under Utility service, you have to take photos of the completed work and upload in to our App.
- In Courier Service, you are not allowed to transport or deliver restricted Goods items, such as Alcohol, Drugs, Explosives, Gold, Cash, etc.
Beginning on the Effective Date, and remaining in effect for the duration of this Agreement, the Company makes the following representations.
- That it is fully authorized and empowered to enter into this Agreement, and that its performance of the obligations under this Agreement will not violate any agreement between the Company and any other person, Company or organization or any law or governmental regulation.
- The Company shall provide and maintain the platform throughout.
- That it is in full compliance with any laws and/or statutes applicable to the services described hereunder.
- That the Company shall not bear responsibility for tax filing and does not hold any responsibility to pay PF, Insurance, and any other coverage to the Service Provider unless otherwise agreed to mutually and in writing by both parties.
- That the Company shall be the full and sole owner of all Content and Materials provided to the Service Provider during the term of this Agreement and is the sole holder of all IP rights arising from the same unless otherwise specified.
Subject to the following provisions of this Agreement, the Service Provider shall be paid for his services as follows:
- The Service Provider shall be entitled to receive payment weekly based on their number of rides, deliveries and, further, he/she shall also be entitled to receive delivery charges for each delivery as decided by the Company, and shall also be eligible for monthly incentives based on the number of orders delivered and their delivery performance.
- The Service Provider shall have a minimum of minus INR 500/- (Indian Rupees Five Hundred only) in their wallet.
- During the term of this Agreement, the Service Provider’s payment shall be paid by means of bank transfer, cheque, or any other method convenient to the Company, and consented to by the Service Provider.
- All reasonable expenses arising out of the services shall be reimbursed assuming that the same have been authorized prior to be incurred.
7.Obligations of the Service Provider
- Upon execution of the agreement, the Service Provider shall not engage in any sort of theft, fraud, misrepresentation or any other illegal act during the services are to be provided. If they shall do so, the Company shall not be liable to his actions and such an act may result in immediate termination of this Agreement.
- The Service Provider shall showcase utmost courtesy to Customers, refrain from any rude or aggressive behaviour, and shall be professional at all times.
- The Courier Service Provider shall be responsible for delivery of orders upon picking up the same from the Vendor’s location and deliver it to the Customer at the drop location.
- The Delivery Service Provider shall be responsible for delivery of orders by picking up the same from the Shops and deliver it to the Customer location.
- The Service Provider shall not misuse the contact information of the customer.
- The Service Provider shall ensure that the product(s) are delivered in good condition and that no damage shall be caused to the product(s) and in case of any damage, the Service Provider shall be solely liable.
- The Service Provider shall collect the requisite amount of money from customers and shall tender exact change in return.
- The Service Provider shall deposit all income collected by them at the end of the service to their wallet, mandatorily. Any and all discrepancies in the same shall not be tolerated and if the Service Provider fails to comply with this clause, the same shall be treated as a material breach of this contract, rendering the Service Provider liable to immediate termination.
- Any material breach of this Agreement, including the above-sub clause, shall entail an appropriate amount being deducted from the wallet of the Service Provider.
- The Service Provider shall ensure that they are dressed presentably, in clean clothing and shall maintain high standards of hygiene.
- The Service Provider shall always ensure that their conduct is in accordance with all the rules, regulations and policies of the Company as notified from time to time.
- The Company hereby prohibits the Service Provider from engaging in any sexual harassment and the Service Provider promises to refrain from any form of sexual harassment during the course of the services. If the Service Provider violates this term in the agreement, he shall be fully responsible for the actions and the Company shall not be held responsible for any illegal acts committed at the discretion of the Service Provider.
8.Service Provider Status
- The Service Provider is an independent Service Provider of the Company.
- The Service Provider shall have no authority to act as agent for, or on behalf of, the Company, or to represent the Company, or bind the Company in any manner.
- The Service Provider shall not be entitled to worker’s compensation, retirement, insurance or other benefits afforded to employees of the Company by the Company.
9.Non – Disclosure
The Service Provider acknowledges that, in the course of performing and fulfilling his duties hereunder, he may have access to and be entrusted with confidential information concerning the present and contemplated financial status and other activities of the Company, the disclosure of any of which confidential information to the competitors of the Company would be highly detrimental to the interests of the Company.
The Service Provider agrees that at all times during or subsequent to the performance of the Services, the Service Provider will keep confidential and not disclose or cause to be disclosed, publish, disseminate or otherwise make available or use Confidential Information, except for the Service Provider’s own use during the term of this Agreement and only to the extent necessary to perform the Services. The Service Provider shall not remove or cause to remove tangible embodiments of, or electronic files containing, Confidential Information from the Company, without the prior written approval of the Company.
10.Amendment and Termination
- This Agreement may be amended only by a written agreement duly executed by an authorized representative of each party. No modifications and amendments to this Agreement shall be binding upon the other party without the express, written consent of both parties.
- The Company may terminate the delivery services of the Service Provider at any time: for just cause at common law, in which case the Service Provider is not entitled to any advance notice of termination or compensation in lieu of notice;
- In case the Company terminates the delivery services without just cause, in which case the Company shall provide the Service Provider with advance notice of termination or compensation in lieu of notice equal to seven (7) days.
- The Service Provider may terminate his delivery services for the Company at any time by providing the Company with at least fifteen (15) days advance notice of his intention to resign.
11.Indemnification and Limitation of Liability
- The Service Provider shall indemnify the Company against any and all expenses which may be asserted against the Company by reason of his services or the performance of duties in this Agreement. Such indemnification shall be in addition to any other rights to which those indemnified may be entitled under any law, by-law, agreement, or otherwise.
- The Company shall not be responsible for any accident or damage to the vehicle of the Service Provider, nor any third-party disputes arising during the course of Services, nor for any police incident or case filed during the provision of Services by the Service Provider. The Service Provider shall indemnify the Company against any and all expenses and/or liabilities ensuing directly or indirectly in such situations.
- The Service Provider shall be responsible for any accident or damage to the vehicle, or any third-party disputes arising during the course of Services, or for any police incident or case filed during the provision of Services by the Service Provider. The Service Provider shall indemnify the Company against any and all expenses and/or liabilities ensuing directly or indirectly in such situations.
- The Service Provider shall be responsible for any traffic violations and in case of any accidents due to the actions of the Service Provider leading to disability/ death, the Company shall not be responsible for the same.
If any provision or provisions of this Agreement shall be held unenforceable for any reason, then such provision shall be modified to reflect the Parties intention. All remaining provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. This Agreement shall not be assigned by either party without the express consent of the other party.
13.Applicable Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Kerala, India. Each party hereby irrevocably submits to the exclusive jurisdiction of the courts of Kerala, India, for the adjudication of any dispute hereunder or in connection herewith.
M/s. Rider App Technologies LLP
IV / 461, Second Floor,
Valamkottil Towers, Judgemukku, Thrikkakara PO,
Ernakulam, Kerala, India – 682021