Terms and conditions
For Users
O-TaxiUpdated effective from (company started date).
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, the Service 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 O-Taxi’s services, You are 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 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 YOU AND O-Taxi IN RESPECT OF THE USE AND SERVICES OF THE SITE.
You will be “Eligible” to use the Services only when You fulfil all of the following conditions: (i) You have attained at least 18 (eighteen) years of age. (ii) 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.
2. SERVICESThe Site permits you to avail the multiple services offered by O-Taxi and/or by a third party.
2.1 The Services allows You to send a request through O-Taxi to a Driver on the O-Taxi network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, O-Taxi notifies You and provides information regarding the Driver - including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as O-Taxi may determine.
2.2 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 O-Taxi with such information and documents which O-Taxi may reasonably request; (vi) You will only use an authorized network to avail the Service; (vii) You are aware that when requesting Services, whether by message, via Site or calling the call center of O-Taxi, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply; (viii) You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service; and (ix) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
2.3 O-Taxi reserves 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, O-Taxi will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform Ola on any change in the information provided by You.
2.4 YOU AGREE AND PERMIT O-Taxi TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
2.5 You agree and permit O-Taxi 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 by O-Taxi. You hereby expressly consent to receive communications from O-Taxi/ 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 O-Taxi will not 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.
O-Taxi will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, You will be provided with the services by O-Taxi jointly and/or severally with the party/ies in joint venture.
2.7 In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, O-Taxi on a best effort basis and at its 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.
2.8 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.
2.9 O-Taxi bears 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.
2.10 O-Taxi ensures the safety and comfort of riders all time. We hired all the drivers only after bringing their police clearance certificate. If any kind of misbehavior occurs from the side of driver, O-Taxi will not responsible for that.
2.11 Unfortunately, any kind of accidents /loss occurs during the course of ride, which was beyond the control of the driver, any loss to the user, vehicle/to the driver, the user will be liable to pay the compensation.
2.12 If the user forgot their luggage in the vehicle, and if the driver may bring back the luggage to the user after three days of the event, the user need to pay RS.350 to the driver.
3. CONFIRMATION OF BOOKING3.1 O-Taxi 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, which shall be informed to You vide an 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 by calling our call center.
3. 2 You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform O-Taxi of the incorrect details immediately.
4. USER VIOLATION OF USER TERMS4.1 You shall not smoke and drink 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 O-Taxi.
LIABILITY5.1. The information, recommendations and/or Services provided to You on or through the Site, the Application and O-Taxi call center are for general information purposes only and does not constitute advice. O-Taxi will reasonably keep the Site and its contents correct and up to date but does 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.
5.2. O-Taxi shall not be liable for You missing trains/flights/events or delays etc. as the Service is dependent on many factors not in O-Taxi’s 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 un-expected delays.
5.3. O-Taxi 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, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
5.4. You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, O-Taxi will try to locate the items on a “best-effort” basis but is 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 O-Taxi of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of O-Taxi.
6. MODIFICATION OF THE SERVICE AND USER TERMS.6.1. O-Taxi reserves the right, at its 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.
6.2. O-Taxi 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.
7. DISCLAIMER7.1. You agree that O-Taxi merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. O-Taxi does not endorse, advertise, advise or recommend You to avail the Services of any Driver. O-Taxi also does not guarantee or provide assurance in respect of the behavior, actions or data of the users posted on the Site.
7.2. O-Taxi and their 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 O-Taxi or any other person's negligence or otherwise).
For Service Partners
IF THIS DOCUMENT IS NOT IN A LANGUAGE THAT YOU UNDERSTAND, YOU SHALL CONTACT OUR TEAM AND YOUR ACCEPTANCE OF THIS DOCUMENT BY CLICKING ON THE ‘I ACCEPT’ BUTTON SHALL BE CONSIDERED AS YOUR UNDERSTANDING OF THIS DOCUMENT.
SUBSCRIPTION AGREEMENT.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 SUBSCRIPTION AGREEMENT ALONG WITH THE VARIOUS EXHIBITS ATTACHED TO THE SUBSCRIPTION AGREEMENT. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THE PROVISIONS OF THIS SUBSCRIPTION 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 AGREEMENT TO THE SUBSCRIPTION AGREEMENT SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND O-Taxi IN RESPECT OF THE SERVICES OF THE PORTAL.
NOTE: In this agreement, the expression ‘ Service partner/partner’s include both taxi and chauffeur service'.
This Agreement is made between O-Taxi, having its office at (Neeleswaram, Kunnamangalam(Block),Mukkam road, kozhikkod.PIN:673582,Kerala, India) (hereinafter referred to as “O-Taxi” which expression shall mean and include its representatives, successors, in office, affiliates and assigns).
O-Taxi and the Transport Service partner shall hereinafter individually be referred to as “Party” and collectively as “Parties”. WHEREAS O-Taxi owns and operates an online market place in an online booking platform, and any upgrades from time to time and any other software that enables the use of the application or such other URL as may be specifically provided by O-Taxi (“Portal”) that lists and aggregates the cab service providers and chauffeurs registered with it. AND WHEREAS on the basis of the representations and warranties provided by the Transport Service Partner, O-Taxi has agreed to list the Transport Service Partner and the Vehicle(s) on the Portal (“Service Provider platform”) to enable the Transport Service Provider to provide transport services (“Transport Services”) through ‘Service Provider’s App/Site’ in accordance with the terms and conditions as hereinafter provided.
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS
I. 1. Scope and Obligations The execution of this Agreement and providing the details.(hereinafter referred to as “Registration Data”) shall effect in the registration of the Cab Service Provider and the Vehicle(s), with O-Taxi and shall make the Cab Service Provider, chauffeurs eligible for an online account on the Service Provider’s App/ Site(“Account”) for providing Transport Services through the Service Provider’s App/site.
2. The Transport Service Partner 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.
3. The Transport Service Provider acknowledges and agrees that all rights, obligations and liabilities of the Transport Service Provider verification shall be governed in accordance with this Agreement and the Transport Service Provider terms and conditions available at the offices of O-Taxi (“Transport Service Provider T&C”) and, a copy of which is may bound to keep in office as per this Agreement. The Service Partner hereby represents that has read and understood this Agreement and the Service Provider T&C fully and the terms contained therein are agreeable to the Service Partners.
II Disclaimer1. You agree that O-Taxi’ s role is limited to (a) managing and operating the Portal and the Service Provider App/Site and being a market place solely for the display of the Transport Services in the manner decided by O-Taxi unilaterally, (b) being an online booking platform facilitating the provision of Transport Services by the Transport Service Partner to the users of the Portal, and (c) payment collection through an e-wallet / any method decided by O-Taxi to facilitate the transactions between Transport Service Partner and the users of Portal. Accordingly, O-Taxi is merely an intermediary providing online marketplace services and the Service Provider App/Site is only a platform where Transport Service Partner 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, O-Taxi 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.
III Payment TermsIn consideration of O-Taxi providing the Transport Service Partner ’s and the Vehicle’s information on the Portal, and for enabling the Transport Service Partner to provide Transport Services through Service Provider App/Site on the Portal, various payments, between the Transport Service Partner and O-Taxi (“Fees”) shall be settled in the manner set out and paid in the manner set out in the Commercial Terms of O-Taxi.
IV. ConfidentialityThe Transport Service Partner acknowledges that pursuant to this Agreement, the Transport Service Partner will have access to confidential information of O-Taxi and its affiliates, which has been provided by O-Taxi. The Transport Service Provider undertakes to keep confidential all data and other confidential information of O-Taxi 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 Partner by O-Taxi 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 Partner. Further, the Confidential Information at no times can be disclosed to any party in the same or similar business as that of O-Taxi (“Competitor”). In the event, O-Taxi becomes aware that the Confidential Information has been disclosed to a Competitor or has been used for the benefit/interest of the Competitor, O-Taxi can claim such direct and indirect damages as it may suffer due to such losses.
V. 1. License and Proprietary Rights License Grant:Subject to the terms and conditions of this Agreement, O-Taxi hereby grants the Transport Service Partner 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 O-Taxi solely for the purpose of providing Transport Services to the Portal users and also for settlement of Fees between O-Taxi and Transport Service Partner . All rights not expressly granted to the Transport Service Partner are reserved by O-Taxi.
2. Ownership.The Portal, Service Provider platform 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 (“O-Taxi Intellectual Property”), shall remain (as between the Transport Service Partner and O-Taxi) the property of O-Taxi. Neither this Agreement, the Transport Service Partner T&C nor Transport Service Partner’s use of the Portal and Service Provider App conveys or grants to the Transport Service Partner any rights: (a) in or related to the Portal and Service Partner App, except for the limited license granted above; or (b) to use or reference in any manner O-Taxi 's Intellectual Property. 3. The Transport Service Partner agrees that it shall not reproduce, transcribe or make any copies of O-Taxi ‘s 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 O-Taxi Intellectual Property.
VI. Indemnification1. The Transport Service Partner agrees and undertake to indemnify and to hold harmless O-Taxi and other parties determined by O-Taxi, O-Taxi 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 Partner of the Transport Service Partner’s obligations, responsibilities, representations, or warranties under the Subscription Agreement and/or Transport Service Partner T&C;
(ii) breach of any service level commitments provided;
(ii) any infringement or unauthorized use of intellectual property rights of O-Taxi including but not limited to infringement of intellectual property rights of O-Taxi.
(iii) any breach of the confidentiality obligations of the Transport Service Partner under this Agreement or Transport Service Provider T&C .
(iv) any violation of the applicable law, applicable license and permit terms of the transport authorities;
(v) any violation of O-Taxi policies by the Transport Service Partner;
(vi) any harm to the reputation and goodwill of O-Taxi directly attributable to the Transport Service Provider;
(v) damage, unauthorized use or loss
(vii) death, fraud, theft, misconduct, negligence or deficiency of Transport Services by the Transport Service Partner ; any negligent act or omission committed in the course of Transport Services hereunder, or any misrepresentation made during the course of Transport Services hereunder;
(viii) personal injury to or property damage of user of Portal including but not limited motor accident claims, if any, asserted against O-Taxi and its associates by reason of the use and operation of Transport Service Partner’s Vehicle(S);
(ix) civil or criminal offense under law or in the opinion of O-Taxi.
(x) failure of the Transport Service Partner to make tax payments in accordance with applicable laws.
2. The Transport Service Partner shall be liable to indemnify and hold O-Taxi harmless against all damages, losses, costs and expenses incurred by O-Taxi as a consequence of any complaint from any user of the Portals received by O-Taxi with respect to deficient Transport Services.
3. Notwithstanding anything contained in this Agreement, however, subject to applicable laws, the total aggregate liability of O-Taxi under this Agreement or Transport Service Partner 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 (O-Taxi decided amount).
VII. Specific IndemnityThe Driver shall be solely liable for any and all accidents/incidents involving the Vehicle, while providing the taxi Services, driving service. O-Taxi shall not be held liable for any such accidents/ incidents involving the Driver’s Vehicle, the rented 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 O-Taxi shall not be held liable or responsible for the same.
VIII. Entire AgreementThis Agreement along with, various conditions and Transport Service Partner T&C, which Exhibits and Transport Service Partner 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 Partner T&C, the terms of the Transport Service Provider T&C shall be prevail.
1X. Term and Termination1.Terms and termination of This Agreement shall be valid for any period of time and shall be renewed any time by O-Taxi, 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 (O-Taxi determined time) to the other Party without assigning any reason for the termination.
3. O-Taxi shall be entitled to terminate this Agreement immediately for breach of any terms in this Agreement by the Transport Service partner .
4. Upon termination of this Agreement, the registration of the Transport Service Partner with O-Taxi shall stand cancelled and the Account shall be terminated and the Transport Service Partner shall not be eligible to ply his Vehicle(s) on the Service Provider App on O-Taxi’s Portal.
X. Notice1. 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, O-Taxi: (email); Transport Service Partner: As provided during attachment.
ii. By SMS sent to mobile number, Transport Service Partner : 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 mentioned earlier by the Party, the notice shall be deemed delivered on the third day from the date of the notice.
XI. Relationship between PartiesI. During the Term of this Agreement, the Transport Service Partner 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 O-Taxi. 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 Partner and O-Taxi at any time, under any circumstances or for any purpose. Therefore, the Transport Service Partner will not be entitled to any employee benefits, statutory or otherwise, offered by O-Taxi 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 Partner 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 O-Taxi. The Transport Service Partner does not have the authority to create, modify or terminate a contractual relationship(s) between O-Taxi and any third party or act for or bind O-Taxi in any respect. Any act of the Transport Service Partner on behalf of O-Taxi 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 Partner shall be personally liable for the same.
XII. Governing Law and Dispute Resolution.1. If any dispute arises between the Transport Service Partner and O-Taxi, 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 O-Taxi. The arbitrator’s award shall be final and binding on the Parties.
2. In addition to above remedies, O-Taxi 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 Partner 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 O-Taxi may have at law or in equity.
XIII. Amendment.O-Taxi 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 such amendments to the Transport Service Provider. DETAILS OF VEHICLE AND THE TRANSPORT SERVICE PARTNER Part I- Details of Vehicle: A.--- B.--------- Information to be provided: Vehicle’s license plate number; Chassis or engine number; Such other information as may be required by O-Taxi. Documents to be provided: PUC; sale deed; passbook or cancelled cheque; Copy of Certificate of Registration; Copy of Certificate of Fitness; Copy of permit, as may be required under applicable law, to ply the Vehicle; Road tax receipts; Copy of commercial insurance policy covering the third party risks; and Such other documents as may be required by O-Taxi. Part II- Details of the Transport Service Partner : A. Name: Information to be provided: Permanent Address: Current Address: Phone no.: Email id: Bank Account details of the Transport Service Partner (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 Partner; and Such other documents/ information as may be required by O-Taxi
B.-- Documents to be provided: A passport size photograph of the Transport Service Partner ; Copy of valid Driving License of drivers who will be employed by Transport Service Partner to provide services on O-Taxi platform;;- Copy of the Public Service Badge issued by the relevant Transport Department of drivers who will be employed by Transport Service Partner to provide services on O-Taxi platform;- Copy of the Police verification report of the drivers who will be employed by Transport Service Partner to provide services on O-Taxi platform. Provided that, for purposes of the police verification, if O-Taxi or O-Taxi’s authorized agency is assisting the Transport Service Partner with police verification process, the Transport Service Partner authorizes O-Taxi or O-Taxi’s authorized agency, as the case may be, for appearing, signing and executing documents in respect of police verification of the Transport Service Partner from time to time;--- Self attested copy of the EPIC Card; Self attested copy of PAN Card of Transport Service Partner ; Copy of residential proof such as utility bill, ration card, passport etc. of the Transport Service Provider’s and drivers employed by Transport Service Partner to provide services on O-Taxi Platform;- Passbook or cancelled cheque of Transport Service Partner ;-- Notes: Vehicle ownership document and Such other documents/ information as may be required by O-Taxi. If the Transport Service Partner (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.
1. APPLICABILITY OF DRIVER.T&C These Driver T&C together with the Subscription Agreement, Commercial Term Segment, Zero Tolerance Policy, O-Taxi 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, O-Taxi Policies and any other policy that O-Taxi 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. 1 SCOPE OF SERVICESYou agree that O-Taxi’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 O-Taxi unilaterally, payment collection through cash, or Wallet to facilitate the transactions between You and the Customers. Accordingly, O-Taxi 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 O-Taxi have any obligations or liabilities in respect of such contract.
transactions between You and the Customers. Accordingly, O-Taxi 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 O-Taxi have any obligations or liabilities in respect of such contract.
2.2 The Driver confirms and undertakes that O-Taxi does not own or in any way control the Vehicle used by a Driver rendering the said Service to the Customer. O-Taxi 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. O-Taxi does not make any representations or warranties regarding the quality of the Service provided by You.
3.1 SERVICE REQUESTSOn 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 O-Taxi from time to time.
3.2 The Driver shall duly complete all Bookings allotted in connection with the Services and promptly notify O-Taxi 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 O-Taxi call Centre. If the assistance pertains specifically to the Device, Driver App, Portal or anything therein, then such issue may be directed to the call centers of O-Taxi.
3.4 Upon a Service Request being allotted to the Driver on the Driver’s app O-Taxi 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 O-Taxi 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, O-Taxi 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 11 below.
3.6 In the event, if the Driver is a female; the Driver shall not accept Service Requests as per the policy directed by O-Taxi .
4. 4.1 COMMUNICATIONWhen You use the Driver App on O-Taxi’s Portal or send emails or other data, information or communication to O-Taxi, You agree and understand that You are communicating with O-Taxi through electronic records and You consent to receive communications via electronic records from O-Taxi periodically and as and when required. O-Taxi 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 otherwise O-Taxi through Your registered phone number and/or e-mail id. You consent to be contacted by O-Taxi via phone calls/ SMS notifications. You agree that any communication so received by You from O-Taxi 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 O-Taxi, You hereby agree to
(i) provide Information that O-Taxi 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 O-Taxi’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 O-Taxi The Driver shall be liable for any loss caused to O-Taxi 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 O-Taxi, 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 Partner shall not allow unauthorized persons to drive the Vehicle. O-Taxi reserves the right to take any action at its sole discretion for any violation by the Driver or the Transport Service Partner, which may extend to but not limited to termination an/or other legal action.
5.8 The Driver or any Transport Service Partner 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 O-Taxi 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 O-Taxi substantial and irreparable damage and therefore, in the event of any such breach, in addition to such other remedies which may be available O-Taxi 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 O-Taxi 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 any purpose other than for providing Service 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 Partner shall collect the Total Ride Fee and remit the Convenience Fee and Cancellation Fee (if a Customer in the manner solely determined by O-Taxi.
5.15 The Driver will have a functioning mobile number and also have the ability to read text messages of O-Taxi, 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 O-Taxi. 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 O-Taxi may at its sole discretion terminate the Driver’s registration and disable the Driver’s access to the Portal. O-Taxi 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 O-Taxi 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 O-Taxi. The Driver agrees that the decision taken by O-Taxi 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 O-Taxi may be required to organize pursuant to Applicable Law or as O-Taxi 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 O-Taxi 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 O-Taxi 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 OLA by the Driver or any misbehavior.
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 Customers and:
viii. charging excess Total Fee from the Customer or charging the Customer more than what is displayed on the meter; and 5.24 The Driver, shall not either directly or indirectly:
i. Engage in any conduct that damages the reputation or causes inconvenience in any manner, to O-Taxi; or
ii. be the reason for O-Taxi 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 O-Taxi shall not be responsible in any manner. If there is any serious complaint regarding any particular Vehicle and/or Driver, O-Taxi 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, O-Taxi 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 O-Taxi, then in addition to O-Taxi retaining the right to exercise other remedies, may require the Driver to promptly pay O-Taxi an amount equal to the discrepancy and may ask for an additional amount as fine from the Driver.
5.27 O-Taxi may require the Driver to affix O-Taxi brand including but not limited to its logo / sticker on the Vehicle. In such event, Driver shall extend all necessary support and assistance to O-Taxi for affixing O-Taxi brand on the Vehicle. It is hereby clarified that Driver will not be entitled for any additional payments for the O-Taxi logo / sticker affixed on the Vehicle, if any. O-Taxi logo / sticker / brand will be affixed subject to the provisions of Clauses mentioned already.
6 .1 CONTENTS POSTED ON PORTAL / DRIVER APPAll 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 O-Taxi and is protected under the Applicable Law.
6.2 (i) Except as expressly provided in these Driver T&C, the Driver shall not: 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 O-Taxi'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 O-Taxi ;
(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 O-Taxi.
6.3 You may use information on the Portal / Driver App purposely made available by O-Taxi 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;
6.4 do not make any additional representations or warranties relating to such documents.
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 O-Taxi’s property and You grant O-Taxi’s the worldwide, perpetual and transferable rights in such Posted Content. O-Taxi 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 O-Taxi in the manner that O-Taxi deems fit, consistent with Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted Content by O-Taxi. O-Taxi will use such information in accordance with the Driver T&C including any Policies. You hereby represent and warrant that You have necessary rights to all the Posted Content and information You provide and are authorized to provide such Posted Content and information for the Portal. Notwithstanding anything contained in this Section, You shall be solely responsible for any liability arising out of the Posted Content on the Portal.
7.1 O-Taxi’S RESERVED RIGHTSO-Taxi may, upon notice to the Driver, delist or remove the Information pertaining to the Driver from the Portal / Driver App.
8.1 PRIVACY TERMS O-Taxi 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 O-Taxi as will be notified to you via text message and/or email from time to time. If You object to Your Information being used in the manner prescribed by law or under O-Taxi’s Privacy Policy, please refrain from continuing to use and registering on the Portal / Driver App.
8. 2 Notwithstanding the foregoing, O-Taxi 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 O-Taxi, in its absolute discretion, deems fit or if it considers it in its interests to do so.
9. REPRESENTATIONS AND WARRANTIES9.1 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 required by Applicable Laws to perform the Service in accordance with the terms of the Driver Agreement and these Driver T&C. The Driver hereby represents that he shall maintain and continue to maintain all local licenses, permits, approvals and consents in respect the Vehicle. You shall be responsible and liable for any violation of any law, rule or regulation in the performance of its obligations under these Driver T&C.
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.
9.2 You undertake that, at all times during the Term, You will: i. abide by these Driver T&C, Zero Tolerance Policy and the O-Taxi 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 time O-Taxi or of any third party and for any breach or violation of such intellectual property rights,
iv. be solely responsible to comply with O-Taxi 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 O-Taxi or the Customer or any other third parties.
10. 1 DISCLAIMERYou understand and acknowledge that O-Taxi disclaims and shall disclaim all representations and warranties to the Customer, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all Vehicles of the Driver that are used by the Customers as a part of the Services and Services offered by the Driver through the Portal.
10.2 O-Taxi 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 O-Taxi in a timely fashion. O-Taxi also does not provide any warranties as regards the compatibility of O-Taxi’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.
11. CONFIDENTIALITY11.1 You acknowledge that pursuant to this Driver T&C, You will have access to confidential information of O-Taxi and its affiliates which has been provided by O-Taxi. You undertake to keep confidential all data and other confidential information of O-Taxi and shall not sell or otherwise make that information available to any third parties.
11. 2 Except as otherwise agreed, the data of Customers will be the exclusive property of O-Taxi, 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 O-Taxi, and any other information, whether orally or in writing, received or to be received by You which is agreed to be treated as confidential, whether expressly or by implication.
12. INDEMNIFICATION AND LIMITATION OF LIABILITY12.1 You agree and undertake to indemnify and to hold harmless O-Taxi 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 O-Taxi Policies or any other policies provided by O-Taxi;
(iii) any harm to the reputation and goodwill of O-Taxi;
(iv) any claim of violation of intellectual property of a third party by Driver’s O-Taxi ’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 O-Taxi or its affiliates or to any third party; and
(vi) fraud, negligence and misconduct of the Driver.
12.2 You shall be liable to indemnify and hold O-Taxi harmless against all damages, losses, costs and expenses incurred by O-Taxi as a consequence of any complaint from any Customer received by O-Taxi with respect to defective Service/(s).
12.3 In addition to the indemnification rights of O-Taxi under these Driver T&C, O-Taxi shall also be entitled to such other remedies available under Applicable Laws.
12. 4 In no event will O-Taxi be liable for any losses arising from or in connection with these Driver T&C, pursuant to any claim by the Driver against O-Taxi under contract, tort or otherwise, if such losses could have been avoided by the Driver using reasonable efforts to mitigate them. Further, O-Taxi 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 O-Taxi to the Driver or to any person claiming under or through it, exceed( a reasonable amount which O-Taxi decide).
O-Taxi 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 O-Taxi 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,q 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 O-Taxi or any person or any organization involved in the above mentioned systems. The Driver shall also be liable to O-Taxi for any loss caused to O-Taxi due to the negligence of Driver or any unlawful act or omission in the performance of the Service. Without prejudice to the above, O-Taxi shall not be liable for any direct or indirect loss or damage, which may be suffered by the Driver as a result of any failure by a Customer to show up within any stipulated time even if O-Taxi has agreed to such timing or even if the Customer has advised O-Taxi of the possibility that he / she may not show up within the stipulated time.
13. TERMINATION OF DRIVER REGISTRATION13.1 The Parties to these Driver T&C shall be entitled to terminate these Driver T&C with a prior written notice with in the time that O-Taxi determine to the other Party without assigning any reason for the termination.
13.2 The Parties to these Driver T&C shall be entitled to terminate these Driver T&C for any breach of any obligations, representations or warranties, or any other material terms as contained in this Driver T&C by a Party which is not the Party proposing to terminate the Driver T&C at the time that O-Taxi determine from the intimation of such breach to the breaching Party.
13.3 Upon termination of these Driver T&C in the manner set out in Clause 13.1 and 13.2 above, the registration of the Driver on the Portal shall stand cancelled and the Account shall be terminated and the Driver shall not be eligible to ply his Vehicle on the Portal.
13.4 Upon the expiry or early termination of these Driver T&C: i. The Driver shall pay to O-Taxi all amounts due and owing to O-Taxi.
ii. O-Taxi may, at its own discretion, return the Subscription Amount with such deductions as may be required to be made for the amounts and penalties/ Suspect Charges due to be paid by the Driver to O-Taxi under these Driver T&C.
iii. On the termination of Your registration, O-Taxi will settle the Driver Proceeds which have become due to You on account of the Service to the Customers through the Portal and for other activities agreed under the Subscription Agreement, prior to the date of termination.
iv. Each Party shall promptly return to the other Party all property and materials including all devices and including confidential information and materials, furnished to it by the other Party pursuant to these Driver T&C and/or the Subscription Agreement between the Parties. Where the confidential information cannot be returned in material form, the Party shall destroy the other Party’s confidential information.
v. The Parties shall cease acting in a manner that would imply a continuing relationship between the Parties and shall cease all marketing and other activities contemplated under these Driver T&C and/or the Subscription Agreement. In connection with the marketing activities, on termination or expiration of the Subscription Agreement along with the Driver T&C, the Driver shall ensure that O-Taxi branding affixed / displayed on the Vehicle and / or any other branding affixed / displayed on the Vehicle (as directed by O-Taxi and mutually agreed between the Parties), if any, shall be immediately removed. If the Driver is unable to remove the branding himself, Driver shall promptly approach O-Taxi’s nearest office for removal of the branding. O-Taxi disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of continued use of any branding by the Driver after expiry or termination of the Subscription Agreement and Driver T&C.
14.1 Force Majeure:Any delay in or failure to perform any obligations by either party under the Driver T&C shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such Party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection (“Force Majeure”). Provided, however, You shall give prompt written notice within a period that O-Taxi determines from the date of the force majeure occurrence to O-Taxi. You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for the period that O-Taxi determined, O-Taxi receives the notice from You as above, O-Taxi shall have the right to terminate these Driver T&C.
Breach Cases:1. Asking for tips:
Driver shall not Proactively ask for ‘tips’ from the Customer. Driver shall not hassle the Customer for change.
2. Wasting Customer’s Time: Driver shall not stop the Vehicle for filling fuel in between the journey. Driver shall not make any Personal stops during the journey.
3. Personal hygiene: Driver shall keep the cab clean and wear cabs uniform & badge (if provided ) at all times during duty hour. Driver shall maintain personal hygiene.
4. Customer Service: Driver shall greet Customers both at pick up and drop. Driver shall manage the luggage (both at pick-up and drop point). Driver shall ensure that vehicle’s AC is turned on before Customer sits in the Vehicle.
5. Vehicle Cleanliness: Driver shall keep the Vehicle and dashboard clean. Driver shall make the Vehicle available for field audit.
6. Disturbing Customer: Driver shall not play loud music (above mid-level of the stereo) or music through any kind of earphone device. Driver shall not unnecessarily blow horn. Driver shall not proactively engage into a personal conversation with the Customer and shall not resort to any kind of unpleasant behavior with Customers.
7. No Smoking/Tobacco/Pan/Masala/Food Item: Driver shall not smoke inside the Vehicle. Driver shall not chew any masala or chewing gum or any other food item while a ride is in progress.
8. The Driver shall ensure that he has adequate change with him so that at all times he is in the position to return the balance amount to the Customer.
9. The Driver should not make any fake calls or give any missed calls to the Customer’s contact number. The Driver should only give a call to the Customer informing the Customer about the arrival of the Vehicle at the destination. Driver shall not make unwarranted use of the Customer contact details after the customer has been dropped at the destination.
10. The Drivers shall be well versed with the routes. The Driver shall not take any long route when there is another short route known to him for reaching the destination. The Drivers are not expected to halt at several places during the journey due to lack of knowledge of the routes.
11. Delay In Pick – Up:12. Driver should keep his mobile ‘ON’ while he is logged into the O-Taxi Portal and he should receive every call of the Customer. Driver should not make any deliberate attempt to park the Vehicle in ‘non-network’ area while the Customer is away for his/her personal work.
13. Vehicle Branding: O-Taxi Sticker, if any, on the Vehicle should not be removed till the Vehicle is active on the Platform.
14. Rude Behavior with Female Customer: Driver shall not under any circumstance argue with the Customer/use abusive words / raise his voice tone while talking to the Customer. Driver should follow the instructions given by Customer as well as by O-Taxi Call Centre.
15. Mobile Phone Usage: Driver shall not use mobile phones (unless for emergency purposes) while driving. This includes but not limited to SMS, video calls, voice, MMS and downloading. However, this shall not apply in case of calls from O-Taxi representatives and the Customer.
16. Reporting To O-Taxi: Driver shall not lie about Vehicle’s position to the O-Taxi representative. Driver shall not report meter readings incorrectly. Driver shall provide opening and closing readings of the odometer on time as and when such reading is required to be provided by O-Taxi representatives.
17. Rash Driving: Driver shall not exceed the speed limit of: (i) 50 Kms per hour within the city; (ii) (iii) 60 Kms per hour on state highways; and 80 Kms per hour on National highways. If any other speed limits prescribed for any road which is lower than the speed limits specified in (i), (ii) and (iii) above, the Driver shall follow the said prescribed lower speed limits. Driver should not apply sudden breaks and should not take sharp turns that may cause inconvenience to the Customer.
18. Driving License (DL) & Other RTO Documents: While on duty it is mandatory to keep DL and all relevant RTO impacting papers (T-permit, PUC, Insurance, RC, etc.).
19. While performing the Taxi Services, Driver should not sleep in the Vehicle. Driver shall not reject the booking on his own at the time of allotment under any circumstances (unless permitted by O-Taxi).
20. Driver shall not reject a booking or a Customer once he has accepted the duty and logged in and shall not switch off his mobile under any circumstances.
22. Missing luggage: Driver should hand over the luggage or bags to the office, if the Customer has mistakenly left any luggage in his cab or the Driver should call to the Customer and inform him that he has forgotten his belonging in the cabs.
23. Driver shall not be lunatic (consumption of alcohol, slept, any other hallucination) while driving.
24. Traffic Rules: Driver shall obey all traffic rules including traffic signals. Driver shall keep all statutory documents (insurance documents, vehicle registration book/card, PUC Certificate, etc.) at all times. Driver shall wear seat belt all the time while driving.
25. Driver lying or completing service in bad-faith: Driver should follow the best and shortest possible route to reach the destination. Driver should not misrepresent or misguide the routes or duty slips to increase the fare.
26. Driver shall not consume/intake or be under the influence of alcohol or narcotic substances while logged into the O-Taxi Portal.
27. Abusive or discriminatory Driver: Driver should not do anything like abusing the Customer, talking to Customer or any such behavior which shall make the Customer feel uncomfortable during journey. Driver
should not discriminate against Customer for any reason, including on the basis of sex, race, caste, creed, religion, disability or nationality.
28. Rude behavior/ Customer inconvenience: Driver should not ask the Customer to get down from his vehicle in the middle of the journey even if any misunderstanding or verbal fights happen between the Customer and the Driver. If his Vehicle gets breakdown he himself should call the O-Taxi office and make arrangement for another vehicle at any cost for the Customer and drop the Customer to the drop location.
29. Extra Ordinary Circumstances: Any instance of Driver’s behavior that directly or indirectly impacts the Company’s “Brand Image”.
30. Maximum Weight Never load the vehicle above the manufacturer’s maximum specified weight.
31. Medically Fit Never drive the vehicle if medical conditions will impact the driving.
32. Unauthorized Goods or Persons Not carry any unauthorized goods or persons till the completion of the Ride.