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