Terms of Use

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. BY CLICKING ON THE “I ACCEPT” BUTTON ON THIS ELECTRONIC CONTRACT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT ALONG WITH THE VARIOUS EXHIBITS ATTACHED TO THE AGREEMENT. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THE PROVISIONS OF THIS AGREEMENT AND EXHIBITS BEFORE YOU START USING THE PORTAL, AS YOU SHALL BE BOUND BY ALL THE TERMS HEREIN UPON CLICKING ON THE “ACCEPT & CONTINUE” BUTTON ON THIS ELECTRONIC CONTRACT. IF YOU DO NOT ACCEPT ANY OF THE TERMS CONTAINED HEREIN, THEN PLEASE DO NOT USE THE PORTAL OR AVAIL ANY OF THE SERVICES BEING PROVIDED THEREIN. YOUR CONSENT TO THE SUBSCRIPTION AGREEMENT SHALL OPERATE AS A BINDING AGREEMENT BETWEEN US IN RESPECT OF THE SERVICES OF THE PORTAL. 
 
This Agreement is made between GETFREE SOLUTIONS LLP, a company registered under the Companies Act, 2013 and having its corporate office at GETFREE SOLUTIONS LLP, D No 13-17-136, Road No 3, Kamala Nagar,Chaithanya Puri, Gaddiannaram, pincode -500060, Saroornagar rangareddy, India (hereinafter referred to as “Taxiapp” which expression shall mean and include its representatives, successors-in–office, affiliates, and assigns) on the ONE PART; AND
 
A Transport Service Provider who is a driver, desirous of listing himself and his vehicle on the Portal, details of which are provided in Exhibit A (“Vehicle(s)”), so as to provide transportation services through his Vehicle(s) to the users of Portal. The Driver has represented that he is in compliance with all applicable laws for the provision of transport services through the Portal. (hereinafter referred to as the “Driver”) of the OTHER PART.
 
Company and the Driver shall hereinafter individually be referred to as “Party” and collectively as “Parties”.
 
Exhibits ‘A’, ‘B’, ‘C’ are collectively referred to as ‘Exhibits’.
 
WHEREAS Company owns and operates an online market place called “TaxiApp” an online booking platform, (“Portal”) that lists and aggregates the Drivers registered with it.
 
AND WHEREAS on the basis of the representations and warranties provided by the Driver, Company has agreed to list the Driver and the Vehicle(s) on the Portal (“Service Provider App”) to enable the Driver to provide transport services (“Transport Services”) through ‘Company’s App’ in accordance with the terms and conditions as hereinafter provided.
 
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS
 
⦁ Scope and Obligations
 
⦁ The execution of this Agreement and providing the details in Exhibit A (hereinafter referred to as “Registration Data”) shall effect the registration of the Driver and the Vehicle(s) with the Company and shall make the Driver eligible for an online account on the Company’s App (“Account”) for providing Transport Services through the Company’s App.
 
⦁ The Driver and Vehicle(s) registration with the Company shall at all times be subject to compliance with the requirements set out in Exhibit B respectively. The Driver and Vehicle(s) registration with Company shall further be subject to such other details and documents in respect of the Driver and the Vehicle(s) as is more fully described in Exhibit A. The Driver hereby understands and consents 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.
 
⦁ The Driver acknowledges and agrees that all rights, obligations and liabilities of the Driver and the Company shall be governed in accordance with this Agreement and the Driver terms and conditions available at the offices of the Company (“Driver T&C”) and, a copy of which is annexed as Exhibit B to this Agreement. The Driver hereby represents that the Driver has read and understood this Agreement and the Driver T&C fully and the terms contained therein are agreeable to the Driver.
 
⦁ Representations and Warranties
 
⦁ The Driver represents and warrants that the Driver is the registered owner or the lessee, as the case may be, of the Vehicle(s) and permit holder for the provision of Transport Services of the Vehicle(s).
 
⦁ The Driver represents and warrants that the Driver has all requisite power and authority to deliver and perform the obligations imposed herein.
 
⦁ The Driver represents and warrants that entering into and performance of the transactions contemplated by this Agreement and Driver T&C does not and will not conflict with any law or regulation applicable to the Driver 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 Driver is a party.
 
⦁ The Driver represents and warrants that the Driver 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.
 
⦁ Disclaimer
 
⦁ You agree that THE COMPANY’s role is limited to (a) managing and operating the Portal and the Company’s App and being a market place solely for the display of the Transport Services in the manner decided by THE COMPANY unilaterally, (b) being an online booking platform facilitating the provision of Transport Services by the Driver to the users of the Portal, and (c) payment collection to facilitate the transactions between Driver and the users of Portal. Accordingly, THE COMPANY is merely an intermediary providing online marketplace services and the Company’s App is only a platform where Driver 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.
 
⦁ THE COMPANY disclaims and shall disclaim all representations and warranties to the Driver, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of the Company’s App and Portal or the services provided through the Company’s App on the Portal and accordingly, disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the use and access of Company’s App and Portal.
 
⦁ To the extent permissible under applicable laws, THE COMPANY disclaims and shall disclaim all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the breach by the Driver (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 Driver T&Cs; or (d) of the duty of care the Driver owes to the users of the Portals.
 
⦁ THE COMPANY does not warrant to the Driver that the Driver will be able to use the Company’s App on the Portal at all times or locations or that the Company’s App on the Portal and the Transport Services provided through the Company’s 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 THE COMPANY.
 
⦁ Payment Terms
 
⦁ In consideration of THE COMPANY providing the Driver’s and the Vehicle’s information on the Portal, and for enabling the Driver to provide Transport Services through Company’s App on the Portal, various payments, more particularly set out in the Exhibit C, between the Driver and THE COMPANY (“Fees”) shall be settled in the manner set out and paid in the manner set out in Exhibit C.
 
⦁ Confidentiality
 
⦁ The Driver acknowledges that pursuant to this Agreement, the Driver will have access to confidential information of THE COMPANY and its affiliates, which has been provided by THE COMPANY. The Driver undertakes 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 party. Confidential information shall mean and include all information, whether verbal or written, disclosed to the Driver by THE COMPANY 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 Driver. Further, the Confidential Information at no times can be disclosed to any party in the same or similar business as that of THE COMPANY (“Competitor”). In the event, THE COMPANY becomes aware that the Confidential Information has been disclosed to a Competitor or has been used for the benefit/interest of the Competitor, THE COMPANY can claim such direct and indirect damages as it may suffer due to such losses.
 
⦁ License and Proprietary Rights
 
⦁ License Grant: Subject to the terms and conditions of this Agreement, THE COMPANY hereby grants the Driver a limited, non-exclusive, non-transferable, non-sub licensable, non-assignable license, during the term of this Agreement, to the Company’s App on the Portal of THE COMPANY solely for the purpose of providing Transport Services to the Portal users and also for settlement of Fees between THE COMPANY and Driver. All rights not expressly granted to the Driver are reserved by THE COMPANY.
 
⦁ Ownership. The Portal, Company’s 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 (“THE COMPANY Intellectual Property”), shall remain (as between the Driver and THE COMPANY) the property of THE COMPANY. Neither this Agreement, the Driver T&C nor Driver’s use of the Portal and Company’s App conveys or grants to the Driver any rights: (a) in or related to the Portal and Company’s App, except for the limited license granted above; or (b) to use or reference in any manner THE COMPANY’s Intellectual Property.
 
⦁ The Driver agrees that it shall not reproduce, transcribe or make any copies of the COMPANY 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 THE COMPANY Intellectual Property.
 
⦁ Indemnification
 
⦁ The Driver agrees and undertake to indemnify and to hold harmless THE COMPANY and other parties determined by THE COMPANY, THE COMPANY 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 Driver of the Driver’s obligations, responsibilities, representations, or warranties under the Subscription Agreement and/or Driver T&C; (ii) breach of any service level commitments provided in Exhibit B; (ii) any infringement or unauthorized use of intellectual property rights of THE COMPANY including but not limited to infringement of intellectual property rights of THE COMPANY in the Company’s App or Portal (iii) any breach of the confidentiality obligations of the Driver under this Agreement or Driver T&C (iv) any violation of the applicable law, applicable license and permit terms of the transport authorities; (v) any violation of THE COMPANY policies by the Driver; (vi) any harm to the reputation and goodwill of THE COMPANY directly attributable to the Driver; (v) damage, unauthorized use or loss of the Company’s App in the Device; (vii) death, fraud, theft, misconduct, negligence or deficiency of Transport Services by the Driver; any negligent act or omission committed in the course of Transport Services hereunder, or any misrepresentation made during the course of Transport Services hereunder; (xi) personal injury to or property damage of user of Portal including but not limited motor accident claims, if any, asserted against THE COMPANY and its associates by reason of the use and operation of Driver’s Vehicle(S); (viii) civil or criminal offense under law or in the opinion of THE COMPANY; (xii) failure of the Driver to make tax payments in accordance with applicable laws.
 
⦁ The Driver 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 user of the Portals received by THE COMPANY with respect to deficient Transport Services.
 
⦁ Notwithstanding anything contained in this Agreement, however, subject to applicable laws, the total aggregate liability of THE COMPANY under this Agreement or Driver 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).
 
⦁ Specific Indemnity
 
⦁ The Driver shall be solely liable for any and all accidents/incidents involving the Vehicle, while providing the transportation Services. The Company 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 The Company shall not be held liable or responsible for the same
 
⦁ Entire Agreement
 
⦁ This Agreement along with, various Exhibits and Driver T&C, which Exhibits and Driver 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 Driver T&C. In the event of any contradiction between the terms contained under this Agreement and the Driver T&C, the terms of the Driver T&C shall prevail.
 
⦁ Term and Termination
 
⦁ This Agreement shall be valid for a period of [Tenure] and shall be renewed automatically unless otherwise agreed between the Parties.
 
⦁ 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.
 
⦁ THE COMPANY shall be entitled to terminate this Agreement immediately for breach of any terms in this Agreement by the Driver.
 
⦁ Upon termination of this Agreement, the registration of the Driver with THE COMPANY shall stand cancelled and the Account shall be terminated and the Driver shall not be eligible to apply his Vehicle(s) on the Company’s App on THE COMPANY’s Portal.
 
⦁ Notice
 
⦁ 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:
 
⦁ 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,
THE COMPANY: Email;
Driver: As provided in attachment.
 
⦁ By hand, against a written acknowledgment of receipt by the receiving Party.
 
⦁ By registered mail.
 
⦁ Relationship between Parties
 
⦁ During the Term of this Agreement, the Driver 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 THE COMPANY. 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 Driver and THE COMPANY at any time, under any circumstances, or for any purpose. Therefore, the Driver will not be entitled to any employee benefits, statutory or otherwise, offered by THE COMPANY 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 Driver shall be responsible for the payment of all applicable taxes to which he may be subject as an independent contractor.
 
⦁ The Driver agrees not to assume or create any obligation or responsibility, express or implied, on behalf of or in the GETFREE SOLUTIONS LLP. The Driver does not have the authority to create, modify or terminate a contractual relationship(s) between THE COMPANY and any third party or act for or bind THE COMPANY in any respect. Any act of the Driver on behalf of THE COMPANY which may be regarded as over and above the duties and responsibilities as provided in this Agreement shall be deemed to be unauthorized, and unlawful and the Driver shall be personally liable for the same.
 
⦁ Governing Law and Dispute Resolution
 
⦁ If any dispute arises between the Driver and THE COMPANY, 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 THE COMPANY. Arbitration shall be held in Hyderabad. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
 
⦁ This Agreement shall be governed by and construed in accordance with the laws of India. Subject to this Clause, the courts in Hyderabad shall have the exclusive jurisdiction in connection with this Agreement.
 
⦁ In addition to the 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 Driver 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 THE COMPANY may have at law or in equity.
 
⦁ Amendment
 
⦁ THE COMPANY 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 this Clause such amendments to the Driver.

DETAILS OF VEHICLE AND THE DRIVER
Part I- Details of Vehicle:
⦁ Information to be provided:
⦁ Vehicle’s license plate number;
⦁ Chassis or engine number;
⦁ Such other information as may be required by THE COMPANY.
⦁ Documents to be provided:
⦁ Copy of Certificate of Registration;
⦁ Copy of Certificate of Fitness;
⦁ Copy of permit, as may be required under applicable law, to ply the Vehicle;
⦁ Such other documents as may be required by THE COMPANY.

Part II- Details of the Driver:
⦁ Information to be provided:
Name:
Permanent Address:
Current Address:
Phone no.:
Email id:
Bank Account details of the Driver (Bank name, account number, and IFSC);
Such other documents/ information as may be required by THE COMPANY
⦁ Documents to be provided:
⦁ A passport-size photograph of the Driver;
⦁ Copy of valid Driving License of drivers who will be employed by Driver to provide services on The Company platform;

⦁ SCOPE OF SERVICES

⦁ 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, payment collection through cash to facilitate the transactions between You and the Customers. 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.

⦁ The Driver confirms and undertakes 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.

⦁ SERVICE REQUESTS

⦁ 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 THE COMPANY from time to time.

⦁ The Driver shall duly complete all Bookings allotted in connection with the Services and promptly notify THE COMPANY immediately by means of short message service / telephonic calls of any changes/deviations to the Booking, which may affect the provision of the Service.

⦁ In the event the Driver requires any assistance in connection with the Portal, Service Requests, Service etc. therein, he/she should contact THE COMPANY.

⦁ Upon a Service Request being allotted to 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.

⦁ Once a Booking is allotted, THE COMPANY 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 this Agreement.

⦁ COMMUNICATION

⦁ 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 communication, electronic or otherwise.

⦁ 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’.

⦁ 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.

⦁ TERMS AND CONDITIONS

⦁ The Driver shall ensure proficiency in the language of the Driver App/Portal and select the language best understood among those supported by the platform.

⦁ The service provided by the Driver shall adhere to industry standards and meet the requirements outlined by THE COMPANY, with any losses incurred due to the Driver’s negligence being the liability of the Driver.

⦁ The Driver shall remain informed of external factors affecting service provision, such as strikes or weather conditions, and promptly notify THE COMPANY of any such occurrences.

⦁ The Driver shall conduct themselves courteously and efficiently when providing services to customers.

⦁ The Driver shall maintain vehicle registration and all necessary licenses, insurance, and permits as required by law and THE COMPANY.

⦁ The Driver shall refrain from engaging in unlawful activities while providing services.

⦁ The Driver shall not permit unauthorized individuals to operate the vehicle, with THE COMPANY reserving the right to take appropriate action for any violations.

⦁ The Driver shall prioritize the safety and security of customers, themselves, and the vehicle at all times.

⦁ The Driver shall promptly report any deviations from service provisions or incidents such as accidents to THE COMPANY.

⦁ In the event of a breach of agreement, THE COMPANY may seek specific performance and injunctive relief in addition to other available remedies.

⦁ The Driver shall maintain comprehensive insurance coverage, including third-party insurance, as required by applicable laws, with THE COMPANY and customers relieved of any liability in this regard.

⦁ The Driver shall only utilize the device for service provision and refrain from engaging with video or interactive content while driving, except during customer-requested stops.

⦁ The Driver shall ensure prompt arrival for assigned bookings and adhere to pickup times.

⦁ The Driver shall ensure customers fulfill payment obligations as per THE COMPANY’s terms, with the collection and remittance of fees conducted as per THE COMPANY’s instructions.

⦁ The Driver shall maintain a functioning mobile number and promptly respond to communications from THE COMPANY regarding customer details and feedback.

⦁ Lost property found in the vehicle shall be reported to THE COMPANY immediately and remain untouched; any tampering by the Driver shall render them liable for damages.

⦁ The Driver shall adhere to THE COMPANY’s decision on payment-related disputes between customers and drivers.

⦁ The Driver shall participate in training sessions organized by THE COMPANY as required by law or deemed necessary by THE COMPANY.

⦁ The Driver shall bear the costs associated with vehicle maintenance.

⦁ The Driver shall adhere to traffic regulations, refrain from consuming intoxicants while driving, and maintain a valid driver’s license and vehicle documents.

⦁ Cancellation of assigned bookings is prohibited except under exceptional circumstances, with immediate notification required in such cases.

⦁ The Driver shall not engage in conduct detrimental to THE COMPANY’s reputation or contribute to negative publicity.

⦁ The Driver acknowledges sole responsibility for failure to complete service requests, failure to pick up customers promptly, any act of negligence, breach of applicable laws, or damage caused to THE COMPANY’s property.

⦁ The Driver shall not directly or indirectly engage in any conduct that may cause inconvenience to THE COMPANY or damage its reputation.

⦁ Customer complaints regarding the vehicle or driver shall be considered breaches of the Driver’s obligations, with THE COMPANY held harmless.

⦁ The Driver shall maintain accurate records of services provided and payments collected, subject to audit by THE COMPANY, with discrepancies subject to penalties.

⦁ THE COMPANY may require the Driver to affix THE COMPANY’s brand on the vehicle, with the Driver providing necessary assistance for the same.

⦁ DRIVER CODE OF CONDUCT

⦁ The Driver shall refrain from proactively soliciting ‘tips’ from customers or hassling them for change.

⦁ The Driver shall not stop the vehicle for refueling during the journey or make any personal stops without customer consent.

⦁ The Driver shall maintain personal hygiene and wear the prescribed THE COMPANY cabs uniform and badge during duty hours.

⦁ The Driver shall greet customers at pick-up and drop-off points, assist with luggage, and ensure vehicle AC is turned on before the customer boards.

⦁ The Driver shall keep the vehicle and dashboard clean and make the vehicle available for field audit within 2 days of any cleanliness breaches.

⦁ The Driver shall refrain from playing loud music, unnecessary horn usage, or engaging in personal conversations that may discomfort customers.

⦁ The Driver shall not smoke or consume any tobacco, pan, masala, chewing gum, or food items during a ride.

⦁ The Driver shall ensure the availability of adequate change to return balance amounts to customers.

⦁ The Driver shall not use mobile phones (except for emergencies) while driving, except for calls from THE COMPANY representatives or customers.

⦁ The Driver shall provide accurate vehicle positions and meter readings and not misrepresent any information to THE COMPANY.

⦁ The Driver shall adhere to speed limits and drive safely, avoiding sudden breaks or sharp turns.

⦁ The Driver shall carry a valid driving license and all relevant RTO documents while on duty with THE COMPANY.

⦁ The Driver shall not sleep in the vehicle while performing services.

⦁ The Driver shall not reject bookings once accepted or switch off their mobile device under any circumstances.

⦁ The Driver shall hand over any luggage left in the vehicle to the office or inform the customer promptly.

⦁ The Driver shall obey all traffic rules, wear a seat belt while driving, and keep all statutory documents in the vehicle.

⦁ The Driver shall follow the shortest route to reach the destination and not misrepresent routes or duty slips to increase fares.

⦁ The Driver shall not consume or be under the influence of alcohol or narcotics while logged into THE COMPANY portal.

⦁ The Driver shall not engage in abusive behavior or discriminate against customers for any reason.

⦁ The Driver shall not ask customers to disembark during the journey, even in the event of misunderstandings, and shall make arrangements for alternate transportation in case of vehicle breakdown.

⦁ Any behavior by the Driver that directly or indirectly impacts THE COMPANY’s brand image shall be considered a breach of this code of conduct.

⦁ The Driver shall not load the vehicle above the manufacturer’s maximum specified weight.

⦁ The Driver shall not operate the vehicle if medical conditions will affect driving ability.

⦁ The Driver shall not carry any unauthorized goods or persons until the completion of the ride.

⦁ THE COMPANY shall inform the Driver about the platform subscription fees from time to time.

⦁ The commission payable to THE COMPANY for The Company Cabs shall be as per the percentage specified by THE COMPANY.

⦁ The amount of security deposit for THE COMPANY device shall be communicated by THE COMPANY.

⦁ All payments due to the Driver shall be made through NEFT/RTGS or any other mutually agreed method.

⦁ THE COMPANY reserves the right to deduct Tax Deduction at Source (TDS), service tax, and any other applicable taxes from the Driver proceeds.
⦁ The terms of payment are subject to change and will be communicated to the Driver via SMS/call.

⦁ THE COMPANY reserves the right to change rates and payment terms, which shall be notified to the Driver.

⦁ The Driver shall make payment of any settlement amounts to THE COMPANY within 7 days from the date of receipt of settlement details. Failure to make payment may result in deduction from the Subscription Amount or recovery of the balance by THE COMPANY.

This Site/ Application/ Services is/are operated /provided by GETFREE SOLUTIONS LLP.

These terms and conditions (“User Terms”) apply to Your visit to and use of the Site whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to You on or through the Site, and the Application. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

By clicking on the “I ACCEPT” button or by using our services, You are acknowledging and consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If You do not wish to accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN US IN RESPECT OF THE USE AND SERVICES OF THE SITE. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between us. These Terms expressly supersede prior agreements or arrangements with you. We may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services.

Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at Privacy Policy. By accepting these User Terms, You also allow us to send you promotional emails and SMS alerts from time to time.

⦁ DEFINITIONS: All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:

⦁ “Account” shall mean the account created by the Customer on the Application for availing our Services.

⦁ “Additional Fee” shall mean any toll, duty, inter-state taxes, etc. that may have been incurred in providing the Services and payable to any third party / government authorities for undertaking the Ride under Applicable Law.

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

⦁ “Application” shall mean the mobile application “[TaxiApp]” as updated from time to time.

⦁ “Convenience Fee”/” Access Fee” shall include any such fee that may be charged by third parties towards providing access to a particular location such as airports, railway stations etc

⦁ “Cancellation Fee” shall mean a fee payable by You, towards cancellation of a Ride or a booking as detailed in Clause 7 of these User Terms and the Cancellation policy.

⦁ “City of Operation” shall mean a city in which the Customers and Drivers avail and render the transportation services respectively. For clarity, the services rendered by the Drivers and availed by the Customers shall be in the same city.

⦁ “Customer/ You” means a person who has an Account on the Application.

⦁ “Driver” shall mean and include such individuals as may be evaluated, appointed and trained by an operator associated with us to provide the transportation services and persons who are registered with us and own such Vehicles with necessary city taxi permits and other applicable transport vehicle permits and licenses to provide transportation services within the City of Operation.

⦁ “Force Majeure Event” shall mean any event arising due to any cause beyond our reasonable control.

⦁ “[TaxiApp]” or “us” or “we” or “our” shall mean [GETFREE SOLUTIONS LLP], a company incorporated under the provisions of the Companies Act, 2013 and having its registered office at GETFREE SOLUTIONS LLP, D No 13-17-136, Road No 3, Kamala Nagar,Chaithanya Puri, Gaddiannaram, pincode -500060, Saroornaga, Rangareddy, 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.

⦁ “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required from the Customer from time to time for registration on the Application.

⦁ “Ride” shall mean the travel in the Vehicle by the Customer facilitated through the Site.

⦁ “Service(s)” means the facilitation of the services through the Application.

⦁ “Site” shall mean the Application and the website www.taxiapp.in we operate or any other software that enables the use of the Application or such other URL we may provide.

⦁ “Substitute Vehicle” shall mean another vehicle arranged for transporting the Customers to his/her destination, in the event of a Vehicle breakdown.

⦁ “Peak charge” shall mean additional charge applied in the situation where the demand is more than the available supply.

⦁ “Total Ride Fee” may comprise one or more of the following components that shall be levied to the ride based on various parameters including but not limited to distance travelled, time taken for the ride, city in which the ride is hailed, time of the day, availability of drivers nearby –
⦁ Minimum far
⦁ Base fare
⦁ Per kilometer fare (based on the total distance of the ride)
⦁ Per minute charges (based on the time taken to complete the ride)
⦁ Pre-wait charges (if any)
⦁ Third party charges like insurance premium (if applicable)
⦁ peak charges (when applicable)
⦁ Past dues (if any); and
⦁ Applicable taxes.

*Both fares and peak charges may vary on the basis of various market dynamics such as cost of living, fuel pricing, vehicle maintenance costs, interest rates, demand and supply situation, etc.

⦁ “TPSP” shall mean a third party service provider.
⦁ “Vehicle” shall mean a motor Vehicle as defined under the Motor Vehicles Act,1988.

⦁ ELIGIBILITY: You will be “Eligible” to use the Services only when You fulfil all of the following conditions:

⦁ You have attained at least 18 (eighteen) years of age.

⦁ You are competent to enter into a contract under the Applicable Laws.

⦁ If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.

⦁ REGISTRATION AND ACCOUNT

⦁ You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.

⦁ You shall ensure that the Registration Data provided by You is accurate, complete, valid, true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.

⦁ You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.

⦁ We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.

⦁ Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), We do not want You to, and You should not, send any confidential or proprietary information to us on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to us other than the Permitted Information will not be considered confidential or proprietary

.
⦁ You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity

⦁ We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at contact@taxiapp.in. In case, You are unable to access Your Account, please inform Us at support@taxiapp.in and make a written request for blocking Your Account. We will not be liable for any unauthorised transactions made through Your Account prior to the expiry of 72 (seventy-two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.

⦁ SERVICES

⦁ The Services constitute a technology platform that enables the users of our mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers partners with us (“Third Party Providers”). YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY US OR ANY OF OUR AFFILIATES.

⦁ The Services allows You to send a request through the platform to a Driver. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, We will notify You and provide information regarding the Driver- including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as we may determine.

⦁ We shall procure reasonable efforts to bring You into contact with a Driver, subject to the availability of Driver in or around Your location at the moment of Your request for such services.

⦁ By using the Application or the Service, You further agree that: (i) You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party; (ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization; (iii) You will not use the Service or Site for unlawful purposes; (iv) You will not try to harm the Service, Site or our network in any way whatsoever; (v) You will provide us with with such information and documents which we may reasonably request; (vi) You will only use an authorized network to avail the Service; (vii) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines thereunder.

⦁ We reserve the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, We will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform us on any change in the information provided by You.

⦁ We or our authorized representative, shall provide information regarding services, discounts and promotions provided by us or a TPSP to You on the SITE or by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time visit the specific link provided in the Site to discontinue the same.

⦁ You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights, or any other rights You have in your information, in any media now known or not currently known, with respect to Your information.

⦁ You agree and permit us to share any information provided by You with third parties in order to facilitate provision of certain value-added services offered by such third parties to You and/or to provide certain value-added services to You. You hereby expressly consent to receive communications from us/ third parties offering value-added services to You through Your registered phone number and/or e-mail id and/or the Site. You agree that You will not hold us responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.

⦁ In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, We, on a best effort basis and at our sole discretion may arrange for a Substitute Vehicle for completion of Your Ride to Your destination. However, the arrangement of Substitute Vehicle shall be subject to its availability. You acknowledge and agree that Substitute Vehicle may not be necessarily of the same type as the original Vehicle booked by You from the Site. We bear no responsibility and liability for delays and losses suffered by You or caused to You as a consequence of the breakdown of the Vehicle or the Substitute Vehicle.

⦁ CONFIRMATION OF BOOKING

⦁ We shall, upon receiving the booking request from You in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time and location, which shall be informed to You vide the application or SMS or email. In the event the booking is confirmed, You shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately.

⦁ Upon confirmation of booking, a One Time Pin (OTP) shall be provided on the Application which shall be further shared by the Customer with the Driver. In the event that the Customer does not provide OTP to the Driver, Driver shall not be responsible for not starting on the services.

⦁ You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation message via the application, SMS or email or failure to inform us of the incorrect details immediately.

⦁ PAYMENT

⦁ We shall provide an estimate of the Total Ride Fee to You at the beginning of every Ride. Such an estimate provided by us shall be subject to change on account of several factors and shall be different to the actual Total Ride Fee levied at the end of ride. The Customer shall pay the actual Total Ride fee shown at the end of the ride in accordance with terms mentioned herein.

⦁ You understand and accept that the Total Ride Fee, including the applicable taxes, shall be payable by You to us immediately upon completion of the Ride. Any difference arising at the end of the ride from the estimate shall be payable by You to us immediately upon completion of the Ride.

⦁ Convenience Fee / Access Fee charged by us towards the value added services provided by us, as part of the Ride or otherwise, shall be determined and amended at our sole and absolute discretion. You understand and agree to pay such an Additional Fee, which will form part of the receipt of the Total Ride Fee.

⦁ You shall be required to pay such Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee.

⦁ We shall provide a receipt of the Total Ride Fee payable by You at the end of the Ride, however, invoices us, Driver or TPSP shall be provided to You on request. You may raise a request for a copy of the invoices from our Site.

⦁ You understand and agree to pay all applicable taxes included as part of the Total Ride Fee.

⦁ You shall choose to pay the Total Ride Fee by the modes of payment available to You on the Site, in addition to Cash payment to the Driver after the completion of the Ride.

⦁ You may choose to pay the Total Ride Fee payable by You, in cash directly to the Driver upon completion of the Ride, only if the chosen method of payment is Cash or in such other case the Application may permit you to pay Cash.

⦁ You will be required to provide relevant payment details including Credit Card / Debit Card / Net Banking details (“Card Details”) to process payment of the Total Ride Fee and You authorize us and an entity authorized by us for providing payment gateway/processor services (“Payment Processor”) to access the Card details for processing the payment of Total Ride Fee. In this respect, it is clarified that the Payment Processor whose services are utilized for the purposes of the Site and/or Application and/or Services shall be compliant with PCI-DSS (Payment Card Industry – Data Security Standard) or such other standard notified by the relevant authority from time to time. By using the services of the Payment Processor, You understand and agree to the Terms and Conditions of the

⦁ Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between You and the Payment Processor.

⦁ Subject to these Customer Terms, the Total Ride Fee paid by You is final and non-refundable, unless otherwise determined by us. If any amount paid by You is fully or partially refundable for any reason, such amounts will be refunded to You to the same account from which the payment was made or if the same could not be processed successfully then as vouchers to be used in the Application. You may contact us and/or our Affiliates for any issues arising therefrom.

⦁ In the event of a default or failure to pay the Total Ride Fee for any reason by You: (i) We may restrict You from booking a new Ride through the Application until the outstanding Total Ride Fee in respect of the previous Ride(s) has been paid by You; (ii) You agree and acknowledge that we shall recover any outstanding monies payable by You for Ride(s) in respect of which Total Ride Fee has not been paid; and (iii) You will be responsible, and must pay, for all costs incurred by us (including costs for which We may be contingently liable) in any attempt to collect any monies owed by You to the Drivers under these Customer Terms including debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.

⦁ USER VIOLATION OF USER TERMS

⦁ You shall not smoke, drink or carry any contraband substances in the Vehicles or misbehave with the Driver or distract the Driver or act in violation of Applicable Law. In the event You are found to be involved in the activities set out above, You shall be liable to pay a fine to us and we shall also have the right to terminate the Ride. In the event You fail to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by us.

⦁ FORCE MAJEURE

⦁ We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.

⦁ INDEMNIFICATION

⦁ By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold us, our affiliates, their licensors, and each of our officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including the TPSPs or (c) Your use or misuse of the Application or Service.

⦁ LIABILITY

⦁ The information, recommendations and/or Services provided to You on or through the Site, the Application are for general information purposes only and do not constitute advice. We will reasonably keep the Site and our contents correct and up to date but do not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.

⦁ We shall not be liable for You missing trains/flights/events or delays etc. as the Service is dependent on many factors not in our control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other unexpected delays.

⦁ In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, we shall only endeavour to get You in touch with the Driver assigned for Your Ride.

⦁ We shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.

⦁ We shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, we will try to locate the items on a “best-effort” basis but are not responsible for the same in case of loss or damage to the same. If You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform us of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services.

⦁ We shall not be responsible for any loss of communication / information of status update and benefits. All this information will be sent on mobile number and/or email ID registered with us. We will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.

⦁ IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

⦁ IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).

⦁ If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of our liability shall be the minimum permitted under Applicable Law.

⦁ APPLICATION LICENSE

⦁ Subject to Your compliance with these User Terms, We grant You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.

⦁ You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.

⦁ You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.

⦁ We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that We have no obligation to monitor Your access to or use of the Site, Service or Posted Content, but have the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that Ola, at our sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.

⦁ CONTENT POSTED BY CUSTOMERS

⦁ We may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site (“Posted Content”) by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. We shall not in any manner be responsible for or endorse the Posted Content.

⦁ You agree that when posting Posted Content, You will not:

⦁ Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.

⦁ Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.

⦁ Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

⦁ Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.

⦁ Conduct or forward surveys, contests, pyramid schemes or chain letters.

⦁ Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.

⦁ Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

⦁ Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.

⦁ Restrict or inhibit any other user from using and enjoying the Site.

⦁ Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.

⦁ Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

⦁ Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. (xiii) Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

⦁ INTELLECTUAL PROPERTY OWNERSHIP

⦁ We alone (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Site, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party’s intellectual property, You need to get permission directly from the owner of the intellectual property for any use.

⦁ . These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by us. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.

⦁ You may use information on the Site purposely made available by us for downloading from the Site, provided that You:

⦁ do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;

⦁ 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

⦁ do not make any additional representations or warranties relating to such information.

⦁ TERM AND TERMINATION OF LICENSE AGREEMENT

⦁ Unless terminated explicitly, the agreement between us is perpetual in nature upon downloading the Application and for each Service booked through the Site.

⦁ You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Site. You can close Your Account at any time by following the instructions on the Site.

⦁ We are entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: (a) violate or breach any term of these User Terms, or (b) in our opinion, misuse the Application or the Service. We are not obliged to give notice of the termination of the agreement in advance. After termination, we will give notice thereof in accordance with these User Terms.

⦁ Termination of this agreement will not prejudice accrued rights of either of us.

⦁ INVALIDITY OF ONE OR MORE PROVISIONS

⦁ The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.

⦁ CONFLICT
⦁ In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between us, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.

⦁ DISCLAIMER

⦁ You agree that we are merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. We do not endorse, advertise, advise or recommend You to avail the Services of any Driver. We also do not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.

⦁ We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.

⦁ We and our representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from us or any other person’s negligence or otherwise).

⦁ This Site, Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that Weshall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.

⦁ All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.

⦁ MODIFICATION OF THE SERVICE AND USER TERMS

⦁ We reserve the right, at our sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.

⦁ We shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when we last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes. We may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, Your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.

⦁ NOTICE

⦁ We may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in your account information.

⦁ In case any query or complaint is unresolved or if you did not receive a satisfactory response from the 24*7 support, you can escalate the matter to our Grievance Officer by sharing the details of the complaint ticket created:

⦁ Details of the Grievance officer

⦁ Details of the Nodal officer

⦁ ASSIGNMENT

⦁ You shall not assign Your rights under these User Terms without our prior written approval. We can assign our rights under the User Terms to any affiliate.

⦁ APPLICABLE LAW AND DISPUTE RESOLUTION

⦁ These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by both the Parties. The place of the arbitration shall be Hyderabad. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Hyderabad, India.