TERMS AND CONDITIONS

DRIVERS/OWNERS TERMS AND CONDITIONS

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”.

ANNEXURES TO THE TERMS AND CONDITIONS

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.

NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS
1. DEFINITIONS
  1. Account: means the account created by the Driver/Owner on the VDR PORTAL/APP for using and accessing its benefits, facility, products, services.
  2. Applicable Laws: All the existing applicable laws with their rules, regulations, guidelines, regular notifications, regular amendments of GOI, GOMH and/or any other state Government and/or local Municipal Corporations or institutions and/or the Union Territories of the Union of India and/or any judgements made in respect to such laws, rule, regulations by Supreme court of India and by any other High Courts of respective states of the Union of India
  3. Advertising Entity or Companies: means the entity which may post their content, ads and request for feedback on VUSR Portal/App, VDR Portal/App by using the services, filters, available on VTP as per the appropriate campaign chosen by the entity to reach the Target audience.
  4. Business Day: means any day on which banks in the City of Operation are open for business and functional to give services to their Consumers.
  5. Booking Request: The request for transportation service and/or journey to reach at destination of choice, made by Consumer(s) registered on VUSR Portal/APP and that request is allotted to the Driver/Owner registered with VDR Portal/APP to provide his/her Transportation Service to Consumer(s).
  6. CitOp: shall mean the city of operation and it is the city in which Driver(s)/Owner(s) accepted this Driver/Owner Terms and Conditions by accepting the legal consent.
  7. Content: Any kind of text, graphics, images, videos, animation, gif, themes, Ads, user interface, visual interface, web content, app content, codes of software and/or hardware, artwork, design, structure, architecture, framework of such content including but not limited to choice, selection, expression, sharing, look, feel, listen and any kind of arrangement of such content contained on VTP or any of its products, facility, services which is owned, licensed, controlled and/or copyrighted and protected as per applicable laws.
  8. User/Consumer/Rider: An individual who has registered himself/herself with VUSR Portal/APP to use facility and desire to take the benefit of technology platform of VAOO and after giving his/her legal consent to join and to avail and to take benefit of all or any of its services, products, facilities through VUSR Portal/APP as and when they are officially updated and made available for users. The words User, Consumer and Rider shall be used interchangeably, but, shall have the same meaning as per the definition
  9. Driver: An individual who is registered with VAOO Driver Portal/App (VDR Portal/APP) as a Driver who wants to use facility and desired to avail the facility of the technology platform of VAOO and who drives his own car/vehicle or may be employed as a Driver under a third party and/or Employer and/or any such other person and has all the necessary valid permits, licenses, documents to give service as Driver, as per the applicable laws and which satisfies all the terms, conditions, policies and procedures of this Driver/Owner Terms and Conditions Agreement.
  10. Fare: It shall mean the amount payable to Driver which is reflected on the VDR Portal/APP and VUSR Portal/APP after completion of the transportation journey/trip request. The Driver(s)/Owner(s) gives his consent by accepting this Driver/Owner Terms and Conditions to review & revise the fare as per Market conditions and as permitted by applicable laws.
  11. Force Majeure: Any kind of circumstance or situations which are beyond human capacity to control and during which the normal way of performing or giving service or act is not possible and as mentioned in the Clause of Force Majeure.
  12. Journey Request: shall mean when the Consumer’s booking request is accepted by the Driver and an OTP issued to consumer is shared with the Driver and cross verified with the VDR Portal/APP and VTP, from that moment till completion of journey to the destination as registered on the VUSR Portal/APP by the Consumer.
  13. Operator: An Operator is a person who will bring / attract/ attach/provide, the Driver(s)/Owner(s) to be registered with VDR Portal/APP to provide service to Consumer(s) registered with VUSR Portal/APP, by using the VTP created by VAOO to provide tech base solutions to transportation system. An Operator can be an Individual, Sole Proprietor Firm, Partnership Firm, LLP, Private/Public Limited Company, NGO.
  14. Owner/DCO: An individual who owns a vehicle or a fleet of vehicles and registered with VAOO Driver Portal/App (VDR Portal/APP) as an Owner or as an Driver Cum Owner(DCO), and who wants to avail the facility of technology platform and who shall drive his own vehicle and/or employs or hires any other person, as a Driver who must be registered, with VDR Portal/APP, to drive his vehicle and has all the vehicle documents, certificates & necessary permissions including Loan and/or lease documents if the vehicle has been purchased through loan or given on lease to any other person or any other entity, and necessary permits, licenses, documents of person for owning and driving a Vehicle, as per the applicable laws of and which satisfies all the terms, conditions, policies and procedures of VDR Portal/APP.
  15. Portal: It shall mean a web portal/website and/or any software applications, mobile applications, programs, Driver APP, VAOO APP and any other such apps, services, products, facility of VTP and VAOO.
  16. Ride/Journey/Trip: means the travel in the vehicle of the Driver/Owner registered with VDR Portal/APP by the User/Consumer/Rider registered with VUSR Portal/APP for which a fare is to be paid as per the APP. The words Ride, Journey and Trip shall be used interchangeably but mean the same
  17. Rejection Percentage: shall mean the percentage of cancellation and/or rejections done by the Driver(s)/DCO of total number booking request allotted to him/her for the month, which are made by the Consumer, after he/she logged in to the VDR Portal/APP and made himself available to provide service through VTP.
  18. Term period: means the period commencing from the date of acceptance of Driver/Owner Terms and Conditions by the Driver/Owner up to the date of termination of this Driver/Owner Terms and Conditions.
  19. “Terms and Conditions” or “Driver/Owner Terms and Conditions”: means this agreement with all the term(s), condition(s), clause(s), policy(ies), procedure(s), requirement(s), provision(s), section(s), subsection(s) and exhibits and annexures if any attached to this agreement, which is available on the VDR Portal/APP and binding on the Driver/Owner after they accept the legal consent of VDR Portal/ APP and shall be referred as Driver/Owner Terms and Conditions hereinafter. This agreement may be amended, updated from Time to Time.
  20. VAOO: VAOO AdTech Pvt. Ltd, company registered under Companies Act, 2013 and rules, regulations thereunder and which owns tech base platform VAOO Technology Platform(VTP) to provide, services, facility of online booking platform as a marketplace for transportation system.
  21. VAOO Technology Platform (VTP): The web based and/or app based software application designed, created by VAOO, to provide tech base solution to transportation system and to provide tech base online booking platform as a Marketplace and which consist of various modules, services, products, facilities which may or may not be inter-related to each other, including VAOO CABS facility and/or any other facility, services, products provided by VAOO and/or consist of apps like VAOO Driver Portal/APP, VAOO Portal/APP, etc.. and other facilities, products, services of different kind which may be paid or unpaid and can be termed as VTP hereinafter.
  22. VAOO CABS: VAOO CAB is one of the facility provided for the benefit of user such as (Driver, DCO, Vehicle Owner and Consumer) of VTP and it includes facility of tech base online booking platform as Marketplace for the facility users like Driver/Owner and Consumer and for which VAOO may not charge any monetary consideration from this facility user and whereas the Driver/Owner avail the facility of VDR Portal/APP to provide his/her transportation service and the Consumer for availing the transportation service avail the Facility of VUSR Portal/APP, which are part of VTP. VAOO Portal/APP (VUSR Portal/APP): An electronic interface application which is product of VAOO and VTP and a facility solely created for the benefit of Consumer(s) who desire to get register with VAOO Portal/APP to use facility of Transportation service provided directly by the Driver/Owner registered with VDR Portal/APP by using VAOO’s Technology platform, as market place, can be termed as VUSR Portal/APP hereinafter.
  23. VAOO Driver Portal/APP (VDR Portal/APP): an electronic interface application which is product of VAOO and VTP, and a facility solely created for the for the Driver(s)/Owner(s) who desire to get registered on VAOO Driver Portal/APP to provide their own Transportation service by availing the facility of VAOO’s Technology platform as market place to the Consumer(s) registered with VUSR Portal/APP and can be termed as VDR Portal/APP hereinafter.
  24. VAOO Credits: shall means credit(s)/point(s) which Consumer can get by using various services, watching advertising material, content and which can be used for payment of Fare or charges of vehicle which they have hire by using the tech base platform of VAOO Portal/APP. These points can be used for payment to Driver/Owner and for payment or subscription of various services, products which may be provided by VAOO as and when introduced and/or in future.
  25. VAOO Driver Help (VDH): shall mean driver support team which is created by VAOO solely for the support of Drivers for providing guidance, instruction to Driver(s) registered with VDR Portal/APP and to help to solve queries related to VDR Portal/APP.
  26. Vehicle: shall mean Motorcabs for public transportation as defined under the Motor Vehicles Act, 1988 and includes cars, autorickshaw and any other vehicle within the definition of “Motorcabs” as per the provisions of the Motor Vehicles Act, 1988.
  27. Wallet: shall mean the prepaid electronic payment instruments of VAOO which will be credited by VAOO after watching the complete advertisement and/or the content as displayed by VAOO from time to time and Wallet can be credited by the Consumer by selecting mode of payment as CARD, VAOO Money to pay the fare. OR wallet can be any other third party prepaid electronic payment instruments, available for payments in/on the VTP and other facilities, services of VTP and VAOO, which has all the necessary approvals as per the applicable laws and respective government authorities and/or institutions.
2. SCOPE OF AGREEMENT
5. ELIGIBILITY TO BE REGISTERED AS DRIVER/OWNER WITH VAOO
6. REGISTRATION
7. PROCESS OF BOOKING
8. HANDOVER OR OUTSOURCING
9. PAYMENT TERMS

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. LICENSE AND PROPRIETARY RIGHTS

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. CONTENT

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. CONTENTS POSTED ON VDR PORTAL/APP

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:
13. REPRESENTATION & WARRANTIES
14. DUTIES, OBLIGATIONS, RESPONSIBILTY & EVENT OF BREACHES OF DRIVER(s)/OWNER(s)
C) Other Duties, Obligations, Responsibilities:
D. EVENT OF BREACHES OF DRIVER/ OWNER: -
Breach Cases: