1. I.             BUSINESS TERMS:

• “OUR CABS” hereby grants the Transport Service Provider a limited, non-exclusive, non-transferable, non-sub licensable, and non-assignable license to the Service Provider App on the Portal of “OUR CABS” (“the Portal”) for the purpose of providing Transport Services.
• The Transport Service Provider is listed on the Portal of “OUR CABS” The Transport Service Provider provides vehicles on hire, and provides transportation services through the vehicles to the Users of the Portal.
• The Transport Service Provider may also be a Driver who is listed on the Portal, and provides transportation services through his vehicles to the Users of the Portal.
• “OUR CABS” has Registered Users who avail transportation services through the Portal.
• The Transport Service Provider shall submit their GST, Aadhar and other documents for verification to “OUR CABS”.
• “OUR CABS” shall create and maintain the Portal in accordance with the terms agreed with the Transport Service Provider.
• The final verification of the Transport Service Provider shall be completed once they accept and acknowledge the email intimation from OUR CABS on charges and commissions.

1. II.           PAYMENT TERMS:

• Users who avail Services through the Portal shall make payments online on the Portal.
• Payments will be credited to the Transport Service Provider’s Bank account by “OUR CABS” only on completion of the ride, and not prior to that in any event. The Transport Service Provider shall be responsible for providing their accurate Bank account details to “OUR CABS”.
• The Transport Service Provider shall maintain a minimum amount of Rs. 100/- in their wallet in order to take up cash rides. In the event they fail to maintain the said minimum balance amount, they can take up online rides and wallet rides.
• The Transport Service Provider shall be responsible for payment of taxes accrued to their revenue earned through the Portal.
• “OUR CABS” reserves the right to change the rates and payment terms with the Transport Service Provider at any given point in time, and the Transport Service Provider shall be intimated of the same.

1. III.         RESPONSIBILITIES OF THE TRANSPORT SERVICE PROVIDER:

• The Transport Service Provider shall strictly follow the Zero Tolerance Policy in relation to the below:
• Ensure to wear helmets and seat belts during the ride;
• Ensure to limit the number of passengers as below:

Bikes- 1, Auto rickshaws- 3, and four wheelers- 4

• Refrain from cancelling rides except for unavoidable reasons subject to obtaining an approval from “OUR CABS”;
• Refrain from delaying pickups;
• Refrain from asking for tips from Users;
• Refrain from delaying rides by indulging in personal activities;
• Maintain cleanliness of the vehicle;
• Provide good Customer service;
• Ensure good behaviour with female Customers;
• Refrain from rash driving and disobeying traffic rules;
• Refrain from causing disturbances to Customers in the vehicles during the ride;
• Refrain from use of mobile phones while driving;
• Refrain from making unnecessary calls to the Customers;
• Refrain from smoking and/or consuming alcohol during the ride;
• Refrain from carrying unauthorised goods during the ride;
• Refrain from changing vehicles;
• Ensure to return the belongings of Customers, if forgotten/left behind by them to the office of “OUR CABS”
• Refrain from engaging in any activity, which would affect the goodwill and reputation attributed to “OUR CABS” and our business.

1. IV.         REPRESENTATIONS OF THE TRANSPORT SERVICE PROVIDER:

 

• The Transport Service Provider has full power and authority to enter into and perform their obligations under these Terms and Conditions. All necessary corporate action to approve the execution, delivery and performance of the same have been taken by them.
• The Transport Service Provider agrees, in performing their obligations, to comply with all applicable laws, rules, regulations and Government orders.
• The Transport Service Provider confirms that there are no existing agreements or arrangements with third Parties, the terms of which would impede the performance of their obligations under these Terms and Conditions.
• The Transport Service Provider agrees and acknowledges that they shall not indulge in illegal activities while providing services to Users of the Portal.

1. V.           RIGHTS AND OBLIGATIONS OF OUR CABS:

 

• “OUR CABS” may conduct marketing and promotional activities at our discretion. 
• “OUR CABS” is entitled to block or delete any image(s)/text/ graphic uploaded on the Portal by the Transport Service Provider without any prior intimation to the Transport Service Provider in the event the said image(s), text or graphic is found to violate any law or breach of any of these Terms and Conditions.

 

 

1. VI.         LIMITATIONS OF LIABILITY OF OUR CABS:

• “OUR CABS” shall not assume any liability for the quality of the services provided by the Transport Service Provider.
• “OUR CABS” shall not assume any liability for cancellation of a request by a User.
• “OUR CABS” shall not assume liability for any User/third party claim caused as a result of any misstatement, negligent act or misconduct by the Transport Service Provider or any of their representatives.
• “OUR CABS” shall not assume liability for any loss or damage caused to the Transport Service Provider arising out of the use of the Services by the Transport Service Provider, either directly or indirectly.
• “OUR CABS” shall not assume liability for any damage or loss caused to the Transport Service Provider as a result of non-compliance of Users including but not limited to failure to show up on time.
• “OUR CABS” shall not assume liability for the belongings of Users missed in vehicles.

1. VII.       PRIVACY PROTECTION:

 

• “OUR CABS” shall obtain and use the contact information and email id of the Transport Service Provider.
• “OUR CABS” shall also obtain information related to the Bank account of the Transport Service Provider like Account no. and Card details, and use the same for transaction purposes.
• “OUR CABS” shall access the media files, images, locations and messages of the Transport Service Provider during access of the Portal.
• “OUR CABS” shall take all possible steps to ensure that these information and details of the Transport Service Provider are protected. However, “OUR CABS” cannot be held liable for disclosure of the same to third parties during the course of business and inadvertent disclosure.

 

1. VIII.     CONFIDENTIALITY:

 

• The Transport Service Provider shall maintain the confidentiality of all the Confidential information shared by “OUR CABS” to effectually administer the operations covered under these Terms and Conditions.
• The Transport Service Provider shall ensure that all data shared and information obtained in pursuance of these Terms and Conditions shall be used only for the fulfillment of their obligations herein, and not for any other purpose.
• The Transport Service Provider shall not share the trade secrets of “OUR CABS” with any third party.
• The Transport Service Provider agrees and acknowledges that the data of Users shall be the exclusive property of “OUR CABS”, and they shall not use the same for their business purposes.
• The obligations contained in these clauses shall survive the termination of the relationship of the Transport Service Provider with “OUR CABS”.

1. IX.        INTELLECTUAL PROPERTY RIGHTS:

 

• “OUR CABS” exclusively owns our trademarks, trade names, service marks, logos, designs and other distinctive brand features, and the ownership is not shared with the Transport Service Provider. The Transport Service Provider may use the same but shall not claim ownership in any circumstance. The Transport Service Provider shall not have any right/title/interest in the same.
• The Transport Service Provider shall claim no rights in the Information of Users.

1. X.          TERMINATION AND EFFECTS:

 

EVENTUALITIES:

“OUR CABS” shall be entitled to terminate this Agreement in the following eventualities:

• The Transport Service Provider commits a material breach of any obligation, representation, warranty or covenant of these terms.
• The Transport Service Provider provides transportation services in violation of the applicable laws.
• The business of the Transport Service Provider is legally closed down.
• The Transport Service Provider acts in contravention of the intellectual property rights of any third party.

 

 

EFFECTS OF TERMINATION:

• “OUR CABS” will immediately remove the name/link/reference of the Transport Service Provider from the Portal.
• The Transport Service Provider shall immediately refrain from using the trademarks/trade names of “OUR CABS”.

 

1. XI.        FORCE MAJEURE:

          Neither Party is liable for failure to perform, or for a delay in performing, any of its obligations under these Terms and Conditions insofar as the performance of such obligations is prevented by a Force Majeure Event such as acts of God, acts of a public enemy, wars, insurrections, riots, epidemics pandemics, landslides, lightning, earthquakes, fires, storms and floods.

 

 

1. XII.      RELATIONSHIP BETWEEN PARTIES:

• This Agreement is being entered into on principal to principal basis.
• Nothing contained in this Agreement or any instructions/ guidelines that may be issued from time to time shall be construed to create any relationship of master and servant, licensor and licensee, principal and agent or employer and employee as between the Parties, nor shall this Agreement be deemed to create any partnership or joint venture between the Parties or their representatives.

 

 

 

 

1. XIII.    ASSIGNMENT:

The Transport Service Provider shall not assign their rights and obligations in this Agreement to any third party unless mutually agreed in writing.

 

1. XIV.    SEVERABILITY:

If for any reason the appropriate tribunal of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, then that provision of the Agreement will be severed from this Agreement or replaced and any omission shall be remedied by a corresponding provision, which comes as close as legally and commercially possible to the express or implied intention of the Parties, and the other provisions of this Agreement will remain in full force and effect.

 

1. XV.      AMENDMENTS/WAIVER:

Any provision of this Agreement may be amended or waived if, and only if such amendment or waiver is in writing and signed, in the case of an amendment by each of the Parties or in the case of a waiver, by the Party against whom the waiver is to be effective.

1. XVI.    ENTIRE AGREEMENT:

This Agreement sets forth the entire understanding of the Parties, and supersedes any prior oral or written agreements or understandings between the Parties as to the subject matter of this Agreement.

 

XVII.  GOVERNING LAW:

 

This Agreement is governed by the laws of India. Any dispute arising in relation to the transactions covered under this Agreement shall be subject to the exclusive jurisdiction of the Courts at Tamilnadu.