This Agreement is an electronic record as per terms of Information Technology Act, 2000 and Rules, Regulations and as per the regular amendments, thereunder or any other applicable laws which deal with electronic records & documents. This is a computer system generated electronic record and it does not require any physical or digital signatures. By clicking on the “I ACCEPT” button on this electronic contract you are consenting to be bound by this agreement along with all its term(s), condition(s), clause(s), policy(ies), procedure(s), requirement(s), provision(s), section(s), subsection(s) and various exhibits attached to this agreement. If in case, you do not accept any of the term(s), condition(s), clause(s), policy(ies), procedure(s), requirement(s), provision(s), section(s), subsection(s), exhibit(s), then please do not use the VAOO Driver Portal/APP (VDR Portal/APP) or any other interrelated services of VAOO Technology Platform or avail any kind of services being provided therein. The Language of this Agreement is English. If in case, you do not understand or are not comfortable with the language of this agreement then you can take help for necessary guidance and/or consultation of an expert.
This Agreement is made between VAOO Adtech Pvt. Ltd. A company registered under the provisions of the Companies Act, 2013 and all Rules & Regulations, thereunder and having its corporate office at 30, Record House, Government Industrial Estate, M. G. Road, Kandivali (W), Mumbai – 400 067, Maharashtra, India, India (hereinafter, referred to as “VAOO” which expression shall mean and include its authorised representatives, successors-in–office, affiliates and assigns) on the ONE PART; AND An individual who has the desire to register himself / herself with VAOO Driver Portal/App (VDR Portal/APP) as a Driver who wants to avail the facility and desired to take benefit of technology platform of VAOO and who drives his own vehicle or may be employed as a Driver under a third party and/or Employer and has all the necessary permits, licenses, documents to give service as Driver, (hereinafter referred to as “Driver/Owner”) of the OTHER PART. VAOO ADTECH PVT LTD (“VAOO”) and the “Driver/Owner” shall hereinafter individually be referred to as “Party” and collectively as “Parties”.
Annexure - A, B, C, D, E and/or any other further Annexure introduce by VAOO in conjunction to this agreement shall be collectively refereed as “Annexures”. WHEREAS VAOO, owns and operates as Technology company Only to provide a Tech based solution to transportation system and to provide products, services and facilities through such platform to be called as VAOO Technology Platform (VTP) for the person who wants to take benefit and use of facility of such platform to provide his/her services as a Driver/Owner.
VAOO shall bring various kinds of upgrades from time to time in the VAOO Technology Platform-VTP, and in its Modules, facility, products and any other software or services that enables the use of the application or such other URL as may be specifically provided by VAOO, which lists and aggregates the Driver(s)/Owner(s) desire to be registered with VAOO Driver Portal/APP and/or vehicle registered with it to provide their own transportation service by the use of facility of the Platform AND WHEREAS, on the basis of the representations, assurance, valid documents and warranties provided by the Driver/Owner, VAOO may agree to register the Driver(s)/Owner(s) and/or their vehicles on the VAOO Driver Portal/APP to be register user who wants to take benefit of platform or facility user of technology platform provided by VAOO to provide their transportation services in accordance with the terms and conditions as hereinafter provided.
In consideration of VAOO providing the Driver’s/Owner’s and the Vehicle’s information on the VDR Portal/App and for enabling the Driver/Owner as a facility user of the platform to provide their transportation services through VDR Portal/APP, various payments, more particularly set out in the Commercial and Business Terms for Driver(s)/Owner(s) annexed hereto as Annexure “C”.
10.1 License Grant: Subject to the terms and conditions of this Agreement, VAOO hereby grants the Driver/Owner a limited, non-exclusive, non-transferable, non-sub licensable, non-assignable license, during the term of this Agreement, to the VDR Portal/APP solely for the purpose of the providing transport services to the Consumers and also for settlement of fees between VAOO and the Driver/Owner. All rights not expressly granted to the Driver/Owner are reserved by VAOO.
10.2 Ownership: The VTP,VDR Portal/APP,VUSR Portal/APP and confidential information, including but not limited to all intellectual property rights such as company name, logos, product and service names, trademarks, services, marks or other indicia of ownership (VAOO Intellectual Property) shall remain (as between the Driver/Owner and VAOO) the property of VAOO. Neither this Agreement nor the Driver’s/Owner’s use of the VDR Portal/APP conveys or grants to the Driver/Owner any rights: (a) in or related to the VDR Portal/APP, except for the limited license granted as mentioned above; or (b) to use or refer in any manner VAOO’s Intellectual Property.
10.3 The Driver/Owner agrees that it shall not reproduce, transcribe or make any copies of the VAOO 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 VAOO Intellectual Property.
11.1 Any kind of information and/or content posted, generated, transmitted by the Driver(s)/Owner(s) to the VDR PortalAPP shall be sole responsibility of that Driver(s)/Owner(s), provided such content or information is not restricted or permitted by applicable laws and/or shall not be infringing or violating any third party and/or consumer(s) right registered with VUSR Portal/APP and/or the rights of any advertising Company providing content through VTP on VUSR Portal/APP and VDR Portal/APP. Also, subject to such information and/or content, the Driver(s)/Owner(s) by accepting this Driver/Owner T& C has given his consent, that all such information and content will become the property of VAOO and the Driver(s)/Owner(s) has given VAOO the worldwide, perpetual and transferable legal rights for such content.
11.2 The Driver/Owner by accepting this Driver & Owner Terms and Conditions, hereby represent and warrant that the Driver(s)/Owner(s) shall have necessary rights and authority to provide, all such posted content and information for VDR Portal/APP. 11.3 VAOO shall be entitled to use such content for any kind of business and/or non-business purpose activity allowed by applicable laws, such as advertising, publicity, promotions, etc. as VAOO may use in manner, as it deems fits to VAOO, as per the needs of VAOO, and as allowed as per the applicable laws. The Driver(s)/Owner(s) shall not be entitled for any additional payments, fees, commission, incentives, gifts and/or compensation and/or any other consideration of any form or type for such use of content by VAOO. 11.4 While providing service through VAOO, the Driver(s)/Owner(s) shall not copy, reproduce, mirror, modify, duplicate, damage, hamper, hack and/or to any related or derivative work like translations, adaptations, recreations, of version from the content available or generated on the VDR Portal/APP and/or VTP without consent of VAOO and except expressly provided in this Driver/Owner Terms and Conditions.
12.1 All 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 VDR Portal / App and is an intellectual property of VAOO and is protected under the Applicable Laws.12.2 The Driver/Owner shall not:
16.1 The Driver(s)/Owner(s) shall maintain confidentiality with respect to any information or data which can be accessible to them by the use of VDR Portal/APP. The Driver(s)/Owner(s) shall maintain confidentiality about the Data/Information which shall be accessible to them while providing his/her service through VTP and VDR Portal/APP and shall not share, misuse, sell or transfer such information to any person or organization or any other third party for any kind of consideration or without consideration, in return of sharing such information. The Driver(s)/Owner(s) shall acknowledge that the Driver(s)/Owner(s) pursuant to this Driver/Owner Terms and Conditions shall have access to confidential information of VAOO, VTP, its employees, and Consumers and at any point of time the Driver(s)/Owner(s) shall maintain the Confidentiality about such information.
16.2 Confidential information may include but not limited to Consumer information, market information, other products and service related information of VTP, VAOO, contents of VDR Portal/App and any other such information which may be generated while performing service through VDR Portal/APP. The Driver(s)/Owner(s) shall maintain all the confidentiality at all times, related to such information and shall not use it for his own purpose or distribute such information in any form except for the purpose of these Driver/Owner Terms and Conditions.
17.1 If in case or in event, any information of the Driver(s)/Owner(s) to be register or already registered with VDR Portal/APP shall be required or demanded by any of the law enforcement agency of the Country the same shall be disclose to them by VAOO and by accepting this Driver/Owner Terms and Conditions, the Driver(s)/Owner(s) gives his/her consent to VAOO for handover or sharing or transferring such information to such law enforcement agencies and shall not held VAOO liable for/by any kind or manner and/or for any loss and/or damage and/or harm and/or any legal harm or injury and/or for violation of any legal rights of the Driver(s)/Owner(s), for sharing such information.
17.2 VAOO shall store and process the information generated and given by the Driver(s)/Owner(s) while providing his transportation service through VDR Portal/APP as per the Information Technology Act, 2000 and rules, regulations and regular amendments made thereunder. All the information created, submitted, registered by the Driver(s)/Owner(s) who are registered with VDR Portal/APP shall be collected by VAOO for the purpose of betterment of VTP and other integrated and interrelated services of VTP and also for the purpose of Back ground verification process.
17.3 The Driver(s)/Owner(s) shall agree and give his consent by accepting this Driver/Owner Terms and Conditions, to use such information for betterment of products, services of VTP, and to share such information to be shared with any third party agency appointed and/or authorised by VAOO for background verification process, and to any kind of Law Enforcement Agencies of GOI and/or any law enforcement agencies of any states of the Union of India and as per the applicable laws of GOI as & when requested, demanded by such agencies and shall not held VAOO liable for/by any kind or manner and/or for any loss and/or damage and/or harm and/or any legal harm or injury and/or for violation of any legal rights of the Driver(s)/Owner(s), for sharing such information.
18.1 In case of delay in or failure to perform and/or execute any obligations, duties, services by either party under this Agreement along with the Exhibit(s) mentioned herein shall not constitute default hereunder, if and to the extent caused by Force Majeure, which is defined to be occurrences, or possibilities and/or circumstances and/or situations beyond the reasonable control of such Party committing default, including and limited to the Acts of God, acts of the government and it’s authorities, fire, flood, any other natural calamity, explosion, civil war, riots, terrorist attack, war, rebellion, insurrection.
18.2 During “Force Majeure” or any other such situation, which is beyond the capacity of human capabilities to give performance as per normal or regular circumstances or situations, then, the Driver(s)/Owner(s) shall give immediate notice within Three(3) days from the day of Force Majeure about non-performance, related to any term(s), condition(s), clause(s), policy(ies), procedure(s), requirement(s), provision(s), section(s), subsection(s)of this Agreement along with its Exhibits.
18.3 The Driver(s)/Owner(s) shall use all reasonable, possible efforts to avoid such non-performance or remove or eliminate such cause of non-performance and shall continue performance as per Agreement and its Exhibit(s), hereunder whenever such causes of Force Majeure are removed.
18.4 In the event of the Force Majeure event or situation or circumstance continue for the period of more than Five (5) days, from the date, on which VAOO receives notice from the Driver(s)/Owner(s) in regard to non-performance due to Force Majeure situations, circumstances, then, VAOO shall have sole right and discretionary power to terminate this Agreement immediately for temporary period or permanently.
Failure or delay on part of the Driver(s)/Owner(s), hereto while exercising any right, power, duties, services, hereunder, shall not be consider as waiver to the Driver(s)/Owner(s) and if required VAOO may take necessary actions against the Driver(s)/Owner(s) including temporary or permanent termination of this Driver/Owner Terms and Conditions, and cancellations of registrations as Driver(s)/Owner(s) from VDR Portal/APP on cause of failure to perform.
20.1 The Driver/Owner, hereby agrees and gives his consent to indemnify VAOO and all its officer(s), director(s), employee(s), staff(s), authorised agent(s) harmless for any and all kind of claims, demands, losses, liabilities and/or any other expenses including advocates, attorney’s fees arising out of, or in connection with
20.2 The Driver/Owner shall indemnify, VAOO while duly performing and/or giving his transportation services through himself/herself and/or by in case of owner, by his authorised agent registered with VDR Portal/APP as a Driver, to VAOO, against any act, behaviour, any kind of decision taken and/or abstain of act and/or behaviour and/or any kind of decision not taken, which has resulted in to a loss, damage, liability, lost profits, lost data, personal injury, legal harm, legal injury, damage to moveable or immovable object(s) or damage or harm to legal rights of any individual person, organization or any other living being including animals, birds etc.
20.3 VAOO does not take any responsibility and/or can be held accountable for lost profits, lost data, personal injury, damage of reputation, legal injury, legal harm, harm to legal rights, damage to moveable or immovable property, damage of any kind or other incidental and/or direct or indirect consequential damages, whether monetary or non-monetary, harassment caused to any Consumer, other driver(s)/owner(s) and/or operator or any other third party, resulting out from usage/access/downloads of/from VDR Portal/APP and/or any other integrated services of VAOO and/or VTP by the Driver(s)/Owner(s). And the Driver(s)/Owner(s) shall indemnify VAOO from all such damage, lost, harms, injuries mentioned herein.
20.4 The Driver(s)/Owner(s), hereby, agrees and gives his consent to indemnify VAOO and its officers, directors, employees, staffs, authorised agents harmless for any and all kind of claims, demands, losses, damages, liabilities and any other expenses including advocates, attorney’s fees in respect to any of his/her act or behaviour or abstain of act, due to negligence, lack of concentration or due to not following the legal duties as per applicable laws and as per this agreement along with its Exhibit(s), which has caused any such claims, monetary and/or non-monetary liabilities, demands, loss, damage, to third party or Consumer(s) registered with VUSR Portal/APP or to operator through whom, he/she registered with VDR Portal/APP while providing his/her transportation service or not providing his/her transportation service as a facility user of VDR Portal/App.
20.5 The Driver(s)/Owner(s) shall be solely liable and responsible for any and all accidents/incidents involving the Vehicle, while providing service to Consumer as a facility user of VDR Portal/ APP and VTP. VAOO shall not be held liable and/or responsible for any such accidents/incidents involving the Driver’s/Owner’s Vehicle.20.6 Any kind of expenses, pertaining to vehicle, such as repairs, servicing of vehicle, fine imposed for violation of traffic rules, shall be borne solely by the Driver(s)/Owner(s) and VAOO shall not be held liable or responsible for the same.
21.1 If any of the parties want to terminate this agreement, then, in that case either party shall give a 30 business/ working days’ prior notice to the other party in written without assigning any reasons for the Termination. The period of notice shall be considered from the date of receiving of such request by the other/receiving party. Any case of serious breach or violation of any clause mentioned in Strict Code of Conduct by the Driver/Owner, then VAOO has sole & discretionary right to terminate this agreement immediately for temporary or Permanent period and VAOO may exercise the same on case to case basis and the decision taken by VAOO would be full and final and shall not be subject to any litigation.
21.2 VAOO shall terminate this agreement immediately for Permanent period, with the Driver(s)/Owner(s), if the Driver(s)/Owner(s) fails to perform his service properly or for frequently breaching or violating necessary laws, rules, regulations of Traffic or in case of bad service to consumer(s), or misbehaviour with consumer or influencing registered Driver(s)/Owner(s) of VAOO, to withdraw or cancel registrations with VAOO, influencing Driver(s)/Owner(s) and/or operators and/or Consumer(s) with bad faith, ill intentions.
21.3 VAOO shall terminate this Agreement, immediately for Permanent period, with the Driver(s)/Owner(s), if the Driver(s)/Owner(s), by any way or any kind or by performing or doing any act, which shall hamper, damage or spoil VTP and/or any kind of VAOO’s internal/external organizational functions or services or facilities or products and/or hampering, spoiling, or damaging VAOO’s reputation in the eyes of its Consumer(s) and/or general public by any way or by any act or by using any kind of communication system.
21.4 VAOO shall immediately terminate this Agreement permanently, if the Driver(s)/Owner(s) as a facility user of VDR Portal/APP behave and/or perform or give his transportation service to any of its Consumer(s) registered with VUSR Portal/APP in fraudulent manner and/or do any manipulative act and/or try to tamper, hack, damage, spoil, misuse the VDR Portal/APP or VTP.
21.5 If the rejections percentage of the Driver/Owner exceeds more than 25% of total allocated booking request to him for the month, then VAOO may terminate his registration for temporary or permanent period.
21.6 After termination of this Agreement, the registration of Driver(s)/Owner(s) shall be cancelled and will be removed from VDR Portal/APP and post termination process related to dues and storage and destruction of necessary information and content will start and Driver(s)/Owner(s) shall co-operate for the post termination process.
21.7 The parties shall cease to act and/or perform in a manner that would reflect or resemble in continuing contractual relationship between the parties. In case of termination of Driver(s)/Owner(s), he/she shall pay to VAOO all amounts due to VAOO. All the VAOO Credits, received by Driver/Owner shall be redeemed, after necessary applicable deductions, if it has not crossed the prescribed limit period for use of VAOO Credits.
21.8 After Termination, VAOO shall pay the amount due to Driver(s)/Owner(s) if any after necessary applicable deductions. Each party shall promptly return to the other party all property and materials including all devices if any, including confidential information and materials, furnished to it by the other party pursuant to these Driver/Owner Terms and Conditions between the parties. In case if the confidential information cannot be returned in material form by the Driver/Owner to VAOO, the Driver/Owner may destroy the confidential information of VAOO and/or Consumer only after prior written consent of VAOO. VAOO may keep Driver/Owner confidential information after the termination for the period of Two years and may keep the information after that period if any law enforcement agency needs the same
21.9 If in case the Driver(s)/Owner(s) unable to remove the Branding, company stickers, by himself/herself, then Driver/Owner shall immediately approach to nearest VAOO office for removal of branding material. VAOO shall not be liable or for any liabilities whether civil, criminal, tortious, or any other manner, that may accrue as a consequence of continuous use of any kind of branding by Driver/Owner while the Driver/Owner are registered with VAOO or after expiry or termination of this agreement and registration as Driver/Owner. 21.10 Expiry or earlier termination of this agreement shall not prejudice any rights of the parties, which may have accrued prior to expiry or termination. After, Termination and Expiry of this agreement, the Driver/Owner shall not represent as he is still registered with VAOO.
22.1 Any kind of notices including termination of Agreement, shall be in written form, and shall be sent by either parties in the manner as mentioned below and not by any other form or mode of communication: a) By Register Post A.D, b) Private couriers service, c) E-Mail or d) by Hand Delivery.
22.2 In case of sending a notice to VAOO by the other party through registered post or by Private courier service, the same shall be sent to corporate address of VAOO. Also, in case of by hand delivery against a written acknowledgement receipt, the same corporate address shall be used by other party. In case of notice through mail the following E-Mail ID shall be use: - firstname.lastname@example.org
Neither this Agreement nor any of the rights, interest or obligations hereunder shall be assigned by the Driver/Owner to any third party, without the prior written consent of VAOO. VAOO may, at its sole discretion, assign the rights, interests or obligations hereunder to any person whosoever.
As and when, the necessary amendments, modifications, alterations, removal, corrections in any of term(s), condition(s), clause(s), policy(ies), procedure(s), requirement(s), provision(s), section(s), subsection(s), Exhibit(s) of agreement and/or any supplementary or additional agreements and/or exhibits are required to be added to this agreement, the same shall be added by VAOO and shall be binding on both the parties.
26.1 VAOO disclaims and shall disclaim all representation, warranties, assurance to the Driver(s)/Owner(s) to be register or already registered with VDR Portal/APP, of any kind or manner, whether express and/or implied as to condition, performance, suitability, efficiency, economic viability and handling of VDR Portal/APP and/or service provided through such VDR Portal/APP and accordingly disclaims all liabilities, whether, Civil, Criminal, Tortious, or otherwise, that may cause and/or accrue as a consequence of the use of VDR Portal/APP.
26.2 VAOO shall disclaim all the liabilities, whether civil, criminal, or any other type of liabilities including liabilities related to Monetary and/or Non-Monetary liabilities which may accrue as a consequences or effect of the mistake, negligence and/or breach by the Driver(s)/Owner(s) of the
27.1 In the event of any dispute or differences between the parties or question, which may arise at any time hereafter, between the parties hereto, touching the true construction and meaning of the terms and conditions of this agreement including exhibit(s), as also in respect of the rights and liabilities of the parties hereto, shall be referred to the arbitration of Sole Arbitrator, as mutually agreed upon by and between the parties hereto, in accordance with the Arbitration and Conciliation Act, 1996 and/or modification and/or amendments thereto.
27.2 In the event that the parties are unable to agree to appoint the Sole Arbitrator mutually, then the Sole Arbitrator shall be appointed under section 11 of Arbitration and Conciliation Act, 1996 by making an application by any party.
27.3 The Arbitration award shall be final and binding on the parties hereto. The arbitration proceedings shall be held in Mumbai and must be in English language. The Courts at Mumbai shall have exclusive jurisdiction with respect to this agreement.
(a) Information to be provided by Driver/Owner: • Name of Driver/Owner, • Current Address • Permanent Address, • Phone no., • e-mail id, • Bank Account details of the Owner/Driver cum owner • Bank name, • Account Number • IFSC Code • Branch Location • Bank Account details of the Beneficiary (if any), • Name & Contact details of two (2) family members of the Driver/Owner And any such other information shall be produced & submitted as & when required by VAOO & as per the applicable laws.
(b) Documents to be provided by Driver/Owner: • Recent passport size colour photograph(s), • Copy of valid Driving License of drivers who will be employed by the Owner to provide services on/through VAOO platform; • Self-attested copy of PAN card of Driver as well as Owners, • Copy of residential proof such as utility bill, ration card, passport etc. • Copy of AADHAR Card, • Copy of the Public Service Badge issued by the relevant transport department of drivers, • Copy of the Police verification report(s) of the drivers, • Vehicle ownership document And such other documents/information as may be required by VAOO and applicable laws.Annexure- B (I) Details of Vehicle-
Information to be provided of the Vehicle- • The vehicle’s license plate number, • chassis or engine number, • vehicle type & name, And, such other vehicle information & details as may be required by VAOO & as per the applicable laws of GOI & GOMH. Documents to be provided of Vehicle- • PUC certificate, • copy of Certificate of Fitness, • sale deed, • passbook or cancelled cheque, • copy of Certificate of Registration, • copy of permit, • ownership transfer documents • if vehicle has loan against it, then loan related document • if vehicle is given on lease then such document(s) • road tax receipt(s), • copy of commercial insurance policy covering the third party risks, And such other document(s) of vehicle, as may be required by VAOO and as may be required under applicable laws, Acts, rules, regulations of GOI and GOM.Annexure “C”- Commercial & Business Terms for Driver(s)/Owner(s)