Terms and Conditions

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.

The app name AMITY CAB and the Site is owned and operated by AMITY CAB SERVICE (hereinafter referred to as 'Amity Cab, ‘Company’, ‘us’, ‘we’), a company incorporated under the Companies Act, 1956/2013, with its communication office at 65B West Street, Kodikkalpalayam, Thiruvarur – 610001.

The Company has developed and provides software, which is a technology-based software or mobile application "AMITY CAPTAIN App" ("Driver App") for facilitating on-demand transportation services to the Customers by means of three-wheeler (“Vehicle”) through vehicle operators using software of the Company ("Drivers") who wish to offer such services. On the basis of the representations and warranties provided by the Driver, the Company has agreed to offer software to the Driver in accordance to the terms and conditions as hereinafter provided ("Terms and Conditions") to enable the Driver to provide the services.

Amity Cab reserves the right, at its sole discretion, to change, modify, add or remove these Driver Terms and Conditions, in part or in whole, at any time, without prior notice to You. It is Your responsibility and duty to check the Driver Terms and Conditions periodically for changes. Your continued use of the Driver App following the posting of changes will mean that You accept and agree to the changes.



1. Definitions

All the defined and capitalized terms in these Driver Terms and Conditions will have the meaning assigned to them herein below.

1.1

“Applicable Laws” shall mean Information Technology Act, 2000, Information Technology (Intermediaries Guidelines) Rules, 2011 and rules made thereunder and include all applicable statutes, enactments, acts of the legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental authority, tribunal, board, or a court, in India.

1.2

“Customer” shall mean a person who books a ride through the Amity Cab App for availing the transportation provided by a Driver who is using software of the Company.

1.3

“Fare” shall mean the amount of charges paid or payable by a Customer to the Driver pursuant to such Customer booking a ride through the App and completion of such ride.

1.4

“Information” shall mean the details furnished by the Driver for registration and onboarding on the Driver App.

1.5

“Driver Service” means the service provided by a Driver to the Customer.



2. Your Account and Registration Obligations

In order to use most aspects of the software, you must register for and maintain an active personal user service account (“Account”’). For creating your Account, integrating your Vehicle and on-boarding as a Driver on the Platform, you must complete the registration process on the Driver App. For completing your on-boarding process, the Company shall collect Driver Information i.e., your personal information including name, vehicle number, driver’s license, mobile number, residential address, date of birth, your identification proofs like PAN, canceled cheque, photo etc. For integrating your vehicle with the Platform, you will be required to submit copies of valid government-issued vehicle registration certificate, vehicle number, vehicle insurance copy, driving license and any other information or document that the Company may be required to collect in conformity with Applicable Laws. Company may appoint third parties to conduct background check and for verification of documents during the onboarding process. The Company stores and processes your Information, including any sensitive financial information, in accordance with the Information Technology Act, 2000 and the Rules made thereunder as well as the Privacy Policy of the Company.

In the course of your use of the Driver App, you agree to furnish your details and information as requested by us from time to time. You agree to maintain accurate, complete and up-to-date information in your Account. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with this Terms and Conditions, we shall have the right to suspend or terminate your Account on the Driver App or indefinitely block you from accessing the Driver App. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account username and password. Unless otherwise permitted by the Company in writing, you may only possess one Account.



3. Obligations of Driver

3.1

The Driver must be at least 18 years of age, or the age of legal majority as per Indian Contract Act, 1872, to be able to avail the software services of Company.

3.2

The Driver shall ensure registration of the Vehicle at all times and shall hold and keep updated, renewed all licenses, insurance and permits necessary as required under Applicable Law.

3.3

The Driver shall not undertake any unlawful or illegal activity while performing services.

3.4

The Driver shall not allow unauthorized persons to drive the Vehicle and shall ensure that the Vehicle is not in an unsafe condition.

3.5

The Driver shall immediately bring to the notice of Amity Cab any deviation from the terms of these Terms and Conditions.

3.6

The Driver shall ensure that 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 Amity Cab 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.

3.7

The Driver shall ensure and confirm that he understands the language of the Driver App and shall ensure that he/she chooses the best language known to him amongst the options displayed on the Driver App.

3.8

The Driver will have a functioning mobile number and also have the ability to read text messages sent by Amity Cab, regarding the Customer details. The Driver shall be solely responsible for reading and acting upon any instructions sent by text messages on his registered mobile number.

3.9

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 to the Customer with assistance of Amity Cab, if required. 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 Amity Cab may at its sole discretion terminate the Driver’s registration and disable the Driver’s access to the software. Amity Cab shall in no event be liable for loss of or damage caused to the property of the Customer.

3.10

The Driver shall make himself/ herself available for such training(s) as Amity Cab may be required to organize pursuant to Applicable Law.

3.11

The Vehicle shall be the sole responsibility of the Drivers and the Driver shall bear the responsibility of any loss or damage to the Vehicle caused by a Customer or any other third party for any reason whatsoever.

3.12

The Driver shall comply with the Applicable Laws including holding a valid driving license and registration/insurance papers for the Vehicle.

3.13

Amity Cab shall not be responsible for any cancellation or refusal of provision of Driver Services.

3.14

Amity Cab helps Customers to locate Drivers willing to offer the Driver Services.

3.15

The Driver agrees that the costs associated with the maintenance of the Vehicle shall be borne by the Driver.

3.16

The Driver shall be solely responsible and liable for:

·         • any failure to complete a ride by the Driver;

·         • any failure to pick up Customer(s) at the allotted time and/or place;

·         • any act or omission on the part of its Drivers including any rash and negligent driving, verbal, physical or harassment of any nature;

·         • for provisioning of services;

·         • any violation or non-adherence to the Applicable Law by the Driver;

·         •any physical and/or mortal danger caused to the Customers whilst using or in connection with the Driver Service;

·         • charging excess amounts from the Customer over and above the total Fare.

3.17

The Driver hereby agrees that any complaint/s by Customers regarding the Vehicle or Driver will be liability of the Driver for which Amity Cab shall not be responsible in any manner. If there is any serious complaint regarding any particular Vehicle and/or Driver, Amity Cab may, in its sole discretion, immediately terminate the Account of such Driver, by providing a notice to Driver to this effect.

3.18

In relation to the Driver App, the Driver agrees to not authorize any other person to use his Account on the Driver App or authorize others to drive the Vehicle for any rides;

3.19

The Driver shall not copy, or distribute any content on the Driver App without written permission from the Company. Subject to the Terms and Conditions, Company grants to you a personal, non-exclusive, non-assignable and non-transferable license to use the software provided by or on behalf of Company (including any updates) only for the purpose of accessing the software ("Software"). Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void and may result in termination by the Company of your Account. You agree that you shall not copy or duplicate or permit anyone else to copy or duplicate any part of the Software, or create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs.



4. Payment

4.1

The Company has the discretion to charge any software usage/ software subscription fees including taxes as per applicable laws, from the Driver if decided by the Company.

4.2

The Driver shall charge Fare from the Customer directly and the method of such payment is not known to the Company.

4.3

The fare is based on the Tamil Nadu & Puducherry State Government Rules factoring charges applied by you and is not determined by the Company.



5. Representations and Warranties

The Driver hereby represents that: -

5.1

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.

5.2

You have the requisite authority or assignment to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle.

5.3

You have all rights, licenses and permits as may be required by Applicable Laws to comply with these Terms and Conditions. You hereby represent that you will maintain and continue to maintain all local licenses, permits, approvals and consents in respect of the Vehicle. You shall be solely responsible and liable for any violation of any law, rule or regulation in the performance of your obligations under these Terms and Conditions.

5.4

You shall not carry any weapons, firearms, ammunition, explosive devices and dangerous substances during performance of your services.

5.5

You are of sound health conditions as mandated on you by the Applicable Law.



6. Disclaimer

Company does not warrant that You will be able to use the Driver App or that the Driver App will be uninterrupted or error-free or that the defects will be capable of being corrected by Company in a timely fashion. Amity Cab’s Driver App, and all other technology developed and installed on your Device are provided on an “AS IS” and “AS AVAILABLE” basis and Company specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, or any other warranty arising from the course of performance or course of dealing. The provisioning and quality of services is solely the responsibility of the Driver and is as per your agreement with the Customer(s) and the Company has no control over such Driver Services. Any dispute between you and your Customer is your responsibility and the Company shall not be liable for the same. Further, the Company shall not be responsible for non-receipt of fare by you from your Customer(s).



7. Confidentiality

You acknowledge that pursuant to these Terms and Conditions, you will have access to confidential information of Company and other data. You undertake to keep confidential all data and confidential information of the Company and shall not sell or otherwise make that information available to any third parties.



8. Indemnity

You hereby agree to indemnify, defend and hold harmless us, our affiliates and respective officers, directors, employees, representatives and agents against any claim demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of (i) any breach or alleged breach by You of the Your obligations, performance or observance of Your representations, or warranties under the Terms and Conditions; (ii) Your misconduct or unauthorized access to data or permitting in any way by You the transfer of such data to the competitors of Amity Cab or its affiliates; (iii) breach of Applicable Laws; (iv) any complaint from any Customer received by Amity Cab with respect to defective or deficient Driver Service(s) or physical harm to the Customer due to Driver’s actions (vii) any fraud, negligence and misconduct of the Driver and (viii) any other act or omission of the Driver



9. Limitation of Liability

9.1

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TERMS AND CONDITIONS, EVEN IF COMPANY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

9.2

In no event shall Company be liable: - (i) for any condition, suitability, quality, merchantability and fitness for any purposes in respect of the software provided to the Driver.

9.3

The Company is not responsible for the behavior, actions or inactions of the Driver or quality of the Vehicle or Driver Service. Any contract for the provision of Driver Services is exclusively between the Customer and the Driver and the Company is not a party to the same.



10. Term and Termination

10.1

The Parties to these Agreement shall be entitled to terminate with a prior written notice of 7 (seven) Business Days to the other Party without assigning any reason for the termination.

10.2

The Company is entitled to terminate this Agreement with immediate effect for:

10.2.1

any violation or breach of these Terms and Conditions by the Driver.

10.2.2

Misbehavior with the staff of Company or any other persons associated with the Company.

10.2.3

Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to Company's brand and its image.

10.2.4

Indulging in acts such as creating ruckus/ strike/ or any activity against Company, which could be detrimental to the Amity Cab’s brand and its image.

10.2.5

Breach of data or confidential information.



11. Relationship between the parties

The Driver shall operate as and have the status of an independent contractor. The relationship between the Company and the Driver is on a principal-to-principal basis and nothing in these Terms and Conditions will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the Driver. It is clarified that the Driver will not have any right to conclude any contract for and / or on the behalf of the Company. The Driver shall not be deemed for any purpose to be an employee of Amity Cab or any of its Affiliates. Amity Cab shall not be responsible to the Driver or any other authorities for any payroll-related taxes related to the performance of Driver Services hereunder or withholding or other taxes including but not limited to central or state income tax, social security benefits or unemployment compensation.



12. Governing laws and Dispute resolution

These Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the software or these Terms and Conditions, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be Bangalore, India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein. Subject to the foregoing, the courts of Bangalore shall have the exclusive jurisdiction in connection with this Agreement.



13. Miscellaneous

13.1

Change of Business Ownership and Control

In the event that Amity Cab enters into a transaction that alters the structure of our business, such as reorganization, merger, sale, transfer, change of control, or other disposition of all or any portion of our business, we shall transfer, share, assign data including Personal Information that we access, process, collect, store, use or otherwise deal with, to the relevant entity. Such entity(ies) shall ensure that there is no adverse material change in the manner of managing, accessing, storing or handling the data and shall implement adequate measures to protect the confidentiality and security of the information, in accordance with applicable law.

13.2

Assignment

Neither these Driver Terms and Conditions nor any of the rights, interests or obligations hereunder shall be assigned by the Driver to any third party, without the prior written consent of the Company.

13.3

Amendment

These Driver Terms and Conditions may be modified or amended by the Company at its sole and absolute discretion.

13.4

Severability

If any provision or any part of a provision of these Terms and Conditions is invalid, unenforceable or prohibited by applicable laws of India, such provision or part of provision shall be severed from these Terms and Conditions and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.

13.5

Notices

The Company may give notice by means of a general notice on the Driver App, or by electronic mail to your email address as submitted by you. You need to send any notice at

hello.amitycab@gmail.com