EFFECTIVE FROM FEBRUARY 15, 2022
IF THIS DOCUMENT IS NOT IN A LANGUAGE THAT YOU UNDERSTAND, YOU SHALL CONTACT EHO AT firstname.lastname@example.org. FAILURE TO DO SO WITHIN 12 (TWELVE) HOURS FROM THE TIME OF RECEIPT OF THIS DOCUMENT AND YOUR ACCEPTANCE OF THIS DOCUMENT BY CLICKING ON THE ‘I ACCEPT’ BUTTON SHALL BE CONSIDERED AS YOUR UNDERSTANDING OF THIS DOCUMENT.
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. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND 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 SUBSCRIPTION AGREEMENT ALONG WITH THE VARIOUS EXHIBITS ATTACHED TO THE SUBSCRIPTION AGREEMENT. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THE PROVISIONS OF THIS SUBSCRIPTION AGREEMENT AND EXHIBITS BEFORE YOU START USING THE PORTAL, AS YOU SHALL BE BOUND BY ALL THE TERMS HEREIN UPON CLICKING ON THE “ACCEPT & CONTINUE” BUTTON ON THIS ELECTRONIC CONTRACT. IF YOU DO NOT ACCEPT ANY OF THE TERMS CONTAINED HEREIN, THEN PLEASE DO NOT USE THE PORTAL OR AVAIL ANY OF THE SERVICES BEING PROVIDED THEREIN. YOUR AGREEMENT TO THE SUBSCRIPTION AGREEMENT SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND EHO IN RESPECT OF THE SERVICES OF THE PORTAL.
IT IS HEREBY EXPRESSLY CLARIFIED THAT THE PROVISIONS OF THIS SUBSCRIPTION AGREEMENT WILL NOT APPLY TO YOUR SERVICES PROVIDED FOR ‘EHO CORPORATE’ I.E., ARRANGEMENTS ENTERED INTO BY EHO WITH VARIOUS CORPORATE ENTITIES.
This Agreement is made between Chyawan Ayurveda Healthcare Private Limited, a company registered under the Companies Act, 1956 and having its corporate office at Shop Number 712,7th Floor, Babylon Capital, Raipur, Chhattisgarh-492001, India (hereinafter referred to as “EHO” which expression shall mean and include its representatives, successors- in–office, affiliates and assigns) on the ONE PART; AND
A transport service provider who is a Ambulance/taxi operator, which provides vehicles on hire and is desirous of listing itself and its fleet of vehicles on the Portal, details of which are provided in Exhibit A (“Vehicle(s)”), so as to provide transportation services through the Vehicle(s) to the users of Portal. The transport service provider has represented that the transport service provider fulfills the eligibility criteria annexed hereto as Exhibit D and is in compliance with all applicable laws for the provision of transport services through the Portal.
A transport service provider who is a driver, desirous of listing himself and his vehicle on the Portal, details of which are provided in Exhibit A (“Vehicle(s)”), so as to provide transportation services through his Vehicle(s) to the users of Portal. The transport service provider has
represented that the transport service provider fulfills the eligibility criteria annexed hereto as Exhibit D and is in compliance with all applicable laws for the provision of transport services through the Portal.
(hereinafter referred to as the “Transport Service Provider”) of the OTHER PART.
EHO and the Transport Service Provider shall hereinafter individually be referred to as “Party” and collectively as “Parties”.
Exhibits ‘A’, ‘B’, ‘C’ and ‘D’ are collectively referred to as ‘Exhibits’.
WHEREAS EHO owns and operates an online market place called “EHO AMBULANCE” an online booking platform, and any upgrades from time to time and any other software that enables the use of the application or such other URL as may be specifically provided by EHO (“Portal”) that lists and aggregates the Ambulance service providers and Ambulance registered with it
AND WHEREAS on the basis of the representations and warranties provided by the Ambulance/Transport Service Provider, EHO has agreed to list the Transport Service Provider and the Vehicle(s) on the Portal (“Service Provider App”) to enable the Transport Service Provider to provide transport services (“Transport Services”) through ‘Service Provider’s App’ in accordance with the terms and conditions as hereinafter provided.
For registration on the Service Provider App, the device of such model and functionality as may be specified and notified by EHO to the Transport Service Provider, more specifically set out under the Commercial Term Segment in Exhibit C, may be either provided by EHO or the Transport Service Provider may bring his own device. The Transport Service Provider hereby agrees that EHO Device or Non-EHO Device (both the terms defined hereunder), as the case may be, shall be switched on during the performance of the Service without being any exceptions whatsoever. The provisions relating to EHO Device / Non-EHO Device shall be as set out below –
In consideration of EHO providing the Transport Service Provider’s and the Vehicle’s information on the Portal, and for enabling the Transport Service Provider to provide Transport Services through Service Provider App on the Portal, various payments, more particularly set out in the Commercial Terms Segment annexed hereto as Exhibit C, between the Transport Service Provider and EHO (“Fees”) shall be settled in the manner set out and paid in the manner set out in the Commercial Terms Segment annexed hereto as Exhibit C.
The Transport Service Provider acknowledges that pursuant to this Agreement, the Transport Service Provider will have access to confidential information of EHO and its affiliates, which has been provided by EHO. The Transport Service Provider undertakes to keep confidential all data and other confidential information of EHO and shall not sell or otherwise make that information available to any third party. Confidential information shall mean and include all information, whether verbal or written, disclosed to the Transport Service Provider by EHO or Portal users, as the case may be, but not be limited to Portal users details (i.e., Personal Information and sensitive personal information as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011), phone numbers, market information, all work products and documents related thereto, the contents of the Service Provider App / Portal or any other information, whether provided orally or in writing, received or to be received by the Transport Service Provider. Further, the Confidential Information at no times can be disclosed to any party in the same or similar business as that of EHO (“Competitor”). In the event, EHO becomes aware that the Confidential Information has been disclosed to a Competitor or has been used for the benefit/interest of the Competitor, EHO can claim such direct and indirect damages as it may suffer due to such losses.
The Driver shall be solely liable for any and all accidents/incidents involving the Vehicle, while providing the taxi Services. EHO shall not be held liable for any such accidents/ incidents involving the Driver’s Vehicle.
All miscellaneous expenses pertaining to the Vehicle, such as maintenance expenditures, penalty for violation of traffic rules, etc., shall be borne solely by the Driver, and EHO shall not be held liable or responsible for the same.
This Agreement along with, various Exhibits and Transport Service Provider T&C, which Exhibits and Transport Service Provider T&C will be e-contracts, shall form the entire agreement between the Parties and shall supersede and override all previous communications, either oral or written, between the Parties with respect to the subject matter of this Agreement, and no agreement or understanding varying or extending the same shall be binding upon any Party hereto unless arising out of the specific provisions of this Agreement or Transport Service Provider T&C. In the event of any contradiction between the terms contained under this Agreement and the Transport Service Provider T&C, the terms of the Transport Service Provider T&C shall prevail.
Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in this Agreement:
By electronic mail.
For the purposes of this sub-clause the Parties’ electronic mail addresses shall be the following, unless otherwise intimated by the Parties to each other, EHO: email@example.com ;
Transport Service Provider: As provided during attachment.
In the event the delivery of the notice is attempted to be made by means set out in clauses XI(1)(iii) and (iv) by the Party, the notice shall be deemed delivered on the third day from the date of the notice.
During the Term of this Agreement, the Transport Service Provider shall operate as and have the status of an independent contractor and shall not act as, be or construed to be an agent or employee of EHO. The relationship between the Parties is on a principal-to-principal basis, and none of the provisions of this Agreement shall be interpreted as creating the relationship of employer and employee between the Transport Service Provider and EHO at any time, under any circumstances or for any purpose. Therefore, the Transport Service Provider will not be entitled to any employee benefits, statutory or otherwise, offered by EHO to its employees including but not limited to wages, vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, or employee benefits of any kind. The Transport Service Provider shall be responsible for the payment of all applicable taxes to which he may be subject as an independent contractor.
The Transport Service Provider agrees not to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of EHO. The Transport Service Provider does not have the authority to create, modify or terminate a contractual relationship(s) between EHO and any third party or act for or bind EHO in any respect. Any act of the Transport Service Provider on behalf of EHO which may be regarded as over and above the duties and responsibilities as provided in this Agreement, shall be deemed to be unauthorized, unlawful and the Transport Service Provider shall be personally liable for the same.
EHO may amend the provisions of this Agreement and Exhibits annexed to this Agreement at its own discretion and notify in accordance with the means provided in clause XI such amendments to the Transport Service Provider.
DETAILS OF VEHICLE AND THE TRANSPORT SERVICE PROVIDER
Information to be provided:
Documents to be provided:
Information to be provided:
Bank Account details of the Transport Service Provider (Bank name, account number and IFSC Code);
Bank Account details of the Beneficiary (if any);
Contact details of 2 (two) family members of the Transport Service Provider; and Such other documents/ information as may be required by EHO
Documents to be provided:
*Complete details on the EHO Registration Page at (PATNER PAGE KA LINK)
*In case of operator attachments, for Part I and Part II (B), please provide information / documents of all the Vehicles / drivers proposed to be used for Transport Services.
*The Exhibit A is not applicable to the existing Transport Service Providers, whose information / documents are already available with EHO. Provided that if any information / document listed in the Exhibit A was not provided by the existing Transport Service Provider at the time of attachment to EHO Portal, the Transport Service Provider shall contact the nearest EHO attachment offices and submit such information / documents to EHO.
TRANSPORT SERVICE PROVIDER TERMS AND CONDITIONS DRIVER TERMS AND CONDITIONS
All of the defined and capitalized terms in these Driver T&C will have the meaning assigned to them herein below. Any term not defined here shall have the meaning assigned to it in the Subscription Agreement.
“Acceptance” means your affirmative action of clicking on the box against the words “ACCEPT & CONTINUE” provided at the end of these Driver T&C, by which action, you unequivocally accept the Driver T&C and any modifications thereof.
“Account” refers to the account created by EHO at its sole discretion, for the Driver subsequent to the Driver submitting and EHO verifying the Registration Data.
“Applicable Laws” shall mean 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.
“Booking” shall mean the allotted Service Request.
“Business Day” means a day on which banks are open for business in the City of Operation. “Cancellation Fee” shall mean the fare payable by the Customer towards cancellation of a Booking made by a Customer.
“City of Operation” shall mean the city in which the Subscription Agreement is executed by and between the Driver and HO
“Commercial Term Segment” shall mean Exhibit C of the Subscription Agreement, which contains the commercial terms for Service provided by the Drivers.
“Content” shall have the meaning given to it in 7.1.
“Convenience Fee” shall mean the fee payable by the Customer for availing the technology services offered by EHO. Convenience Fee will be charged for each Service Request placed by the Customer on the Portal.
“Device” shall mean EHO Device or Non-EHO Device, as the case may be, used for performance of the Services.
“Driver” or “You” or “Your” or “Yourself” shall mean an individual, who has an Account with EHO and in the event of Operator Drivers, shall include the Operator Drivers for purposes of compliance with these Terms and Conditions.
“Driver App” means the electronic interface on the EHO Portal from where the Driver’s Account is accessible to the Driver. Login credentials (User ID and Password) for the Driver App shall be provided by EHO.
“Driver Proceeds” shall mean the net amount receivable by the Driver after deduction of EHO’s commission and such other amounts as may be provided in the Commercial Terms Segment or notified otherwise.
“Fare” shall mean the Fare payable to the Transport Service Provider as is also reflected on the Device after completion of the Service. The Driver permits EHO to review and revise the Fare as per the market conditions.
“Force Majeure” shall have the meaning given to in Clause 16.4.
“Information” shall mean the details furnished by the Driver at the time of signing the Subscription Agreement and/or otherwise during and after the Drivers registration on the Driver App on the Portal and successful creation of an Account.
“EHO” or “We” or “Us” or “Our” shall mean Chyawan Ayurveda Healthcare Private Limited, a company incorporated under the Companies Act 1956, and having its registered office at Shop Number 712, 7th Floor, Babylon Capital, Raipur, Chhattisgarh, India, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
“Operator” shall mean a transport service provider who has listed himself / itself and his / its fleet of vehicles on the Portal to provide Services to the Customers through the Drivers employed by the Operator.
“Operator Drivers” shall mean the Drivers employed by the Operator for providing Services to the Customers.
Parties” shall mean, collectively, the Driver and EHO and “Party” shall refer to any one of them.
“Portal” shall mean such features of the EHO mobile application or other programs, software, mobile applications including but not limited to EHO Play, EHO Tunes and Driver App, owned by, licensed to and controlled by EHO, and other URLs as may be specified by EHO from time to time.
“Posted Content” shall have the meaning given to in Clause 7.4.
“Service” means the service of picking a Customer from the pick-up point as prompted on the Device and dropping the Customer at the drop point entered by the Customer at the time of placing his / her Service Request and accepted by the Driver.
“Total Ride Fee” shall include the Fare, the Convenience Fee, Additional Fee (if any) and the Cancellation Fee (if any), reflected on the Device and such other fee, as may be applicable.
“Service Request” means a request placed by the Customer on the Portal to avail the Service offered by the Driver.
“Subscription Agreement” shall mean the agreement entered into between EHO and the Driver / Operator pursuant to which the Driver / Operator has agreed to provide transport Services in accordance with these Driver T&C, as amended from time to time.
“Subscription Amount” shall mean the amount paid by the Driver at the time of subscription to Portal of EHO, if any.
“Term” means the period commencing from the date of acceptance of the Driver T&C by the Driver up to the date of termination of the Subscription Agreement and/or these Driver T&C.
“Terms and Conditions” or “Driver T&C” refers to these Driver T&C which are available at the Portal, as may be amended from time to time.
“Vehicle” shall mean ‘Motorcabs’ as defined under the Motor Vehicles Act, 1988.
“Wallet” shall mean the prepaid payment instruments available for payments in the EHO Portal.
“Zero Tolerance Policy” shall mean the policy of EHO as detailed under the Annexure to these Driver T&C, as may be amended from time to time.
These Driver T&C together with the Subscription Agreement, Commercial Term Segment, Zero Tolerance Policy, EHO Policies, shall be deemed to be incorporated by reference into these Driver T&C and shall form the complete understanding between the Parties. By accepting the Driver T&C, You acknowledge and agree to the Subscription Agreement and various Exhibits to the Subscription Agreement, EHO Policies and any other policy that EHO makes applicable to You from time to time, to the fullest extent possible. Additionally, You hereby understand and consent to the collection, storage and sharing of Aadhaar card and any information extracted therefrom with Third Party Vendors and/or Government Authorities, for the process of onboarding and background verification.
The Driver shall be solely responsible for:
The Driver, shall not either directly or indirectly:
The Driver hereby agrees that any complaint/s by Customers regarding the Vehicle or Driver will be considered to be a breach of the obligations by the Driver hereunder for which EHO shall not be responsible in any manner. If there is any serious complaint regarding any particular Vehicle and/or Driver, EHO may, in its sole discretion, immediately terminate the Account of such Driver, by providing a written notice to Driver to this effect.
Driver will maintain all relevant books, records and accounts relating to the Services provided by Driver and payments collected. Upon reasonable notice, EHO may audit, or may appoint a qualified independent auditor to audit, the books and records of the Driver to verify the accuracy of the amount of payments collected by the Driver. If such audit reveals any discrepancies with respect to the payment collected and submitted to EHO, then in addition to EHO retaining the right to exercise other remedies, may require the Driver to promptly pay EHO an amount equal to the discrepancy and may ask for an additional amount as fine from the Driver. The audits will be conducted at EHO’s expense; provided, however, that if the audit reveals an underpayment by the Driver with respect to collection and submission of payments to EHO in excess of 5% (five percent), then Driver, in addition to payment obligations described above, will promptly reimburse EHO for all reasonable, third party audit fees.
EHO may require the Driver to affix EHO brand including but not limited to its logo / sticker on the Vehicle. In such event, Driver shall extend all necessary support and assistance to EHO for affixing EHO brand on the Vehicle. It is hereby clarified that Driver will not be entitled
for any additional payments for the EHO logo / sticker affixed on the Vehicle, if any. EHO logo / sticker / brand will be affixed subject to the provisions of Clause 14.4(v) of these Driver T&C.
The provisions relating to EHO Device(s) and Non- EHO Device shall be as set out in the Subscription Agreement.
CONTENTS POSTED ON PORTAL / DRIVER APP
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 Portal / Driver App is owned, controlled or licensed by or to EHO and is protected under the Applicable Law.
You may use information on the Portal / Driver App purposely made available by EHO for downloading from the Portal / Driver App, provided that You:
You shall be solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Portal / Driver App (“Posted Content”), provided that such Posted Content is not restricted or prohibited under Applicable Laws or such Posted Content is not infringing any third party’s proprietary rights. Subject to the foregoing, such Posted Content will become EHO’s property and You grant EHO the worldwide, perpetual and transferable rights in such Posted Content. EHO shall be entitled to, use the Posted Content or
any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Posted Content. You agree that any Posted Content may be used by EHO in the manner that EHO deems fit, consistent with Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted Content by EHO. EHO will use such information in accordance with the Driver T&C including any EHO Policies. You hereby represent and warrant that You have necessary rights to all the Posted Content and information You provide and are authorized to provide such Posted Content and information for the Portal. Notwithstanding anything contained in this Section, You shall be solely responsible for any liability arising out of the Posted Content on the Portal.
EHO may, upon notice to the Driver, delist or remove the Information pertaining to the Driver from the Portal / Driver App.
Notwithstanding the foregoing, EHO shall be entitled to disclose to all companies within its group, or any government body as may be required by law or by any official directive or request from such government body or any third party through a court process or other official agency, Your particulars, in any way as EHO, in its absolute discretion, deems fit or if it considers it in its interests to do so.
You represent and warrant that:
You understand and acknowledge that EHO disclaims and shall disclaim all representations and warranties to the Customer, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all Vehicles of the Driver that are used by the Customers as a part of the Services and Services offered by the Driver through the Portal.
EHO does not warrant that You will be able to use the Portal / Driver App and/ or will be able to provide the Service/(s) at all times or locations on the Portal or that the Portal / Driver App and the Services provided through the Portal / Driver App will be uninterrupted or error-free or that the defects will be capable of being corrected by EHO in a timely fashion. EHO’s Portal, and all other technology developed and installed on the Device by EHO are provided on an “AS IS” and “AS AVAILABLE” basis and EHO 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. EHO also does not provide any warranties as regards the compatibility of EHO’s Portal, Driver App or any other installed technology with the Device of the Driver and the results as well as performance of the Portal / Driver App may vary depending on the model of the Device.
You acknowledge that pursuant to this Driver T&C, You will have access to confidential information of EHO and its affiliates which has been provided by EHO. You undertake to keep confidential all data and other confidential information of EHO and shall not sell or otherwise make that information available to any third parties.
Except as otherwise agreed, the data of Customers will be the exclusive property of EHO, and You will not use the same for Your own purpose or distribute such data in any form or means except for the purpose of these Driver T&C and shall keep it confidential at all times. Confidential information would include but not be limited to Customer details, market information, all work products and documents related thereto, the contents of the Portal, Driver App or any other information which is treated as confidential by EHO, and any other information, whether orally or in writing, received or to be received by You which is agreed to be treated as confidential, whether expressly or by implication.
You agree and undertake to indemnify and to hold harmless EHO its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by You of the Your obligations, performance or observance of Your role, functions, responsibilities, representations, or warranties under the Driver T&C; (ii) any violation of EHO Policies or any other policies provided by EHO; (iii) any harm to the reputation and goodwill of EHO; (iv) any claim of violation of intellectual property of a third party by Driver’s usage of EHO’s intellectual property in a manner not permitted under these Driver T&C; (v) Driver’s misconduct or unauthorized access to data on the Portal or permitting in any way by the Driver the transfer of such data to the competitors of EHO or its affiliates or to any third party; and (vii) fraud, negligence and misconduct of the Driver.
You shall be liable to indemnify and hold EHO harmless against all damages, losses, costs and expenses incurred by EHO as a consequence of any complaint from any Customer received by EHO with respect to defective Service/(s).
In addition to the indemnification rights of EHO under these Driver T&C, EHO shall also be entitled to such other remedies available under Applicable Laws.
In no event will EHO be liable for any losses arising from or in connection with these Driver T&C, pursuant to any claim by the Driver against EHO under contract, tort or otherwise, if such losses could have been avoided by the Driver using reasonable efforts to mitigate them. Further, EHO shall also not be liable to the Driver in contract, tort or otherwise for indirect, special, incidental, exemplary, punitive, or consequential damages of any kind whatsoever even if advised of the possibility of such damages. Notwithstanding anything contrary contained elsewhere in the Agreement, the total cumulative liability of EHO to the Driver or to any person claiming under or through it, shall not exceed INR 1000/- (Rupees One Thousand only).
EHO shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Driver arising out of the use of the service offered by EHO to the Driver directly or indirectly, for any reason whatsoever, including but not limited to damage or loss caused to You as a result of a Customer’s non-compliance, which includes, but is not limited to, any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of EHO or any person or any organization involved in the above mentioned systems. The Driver shall also be liable to EHO for any loss caused to EHO due to the negligence of Driver or any unlawful act or omission in the performance of the Service. Without prejudice to the above, EHO shall not be liable for any direct or indirect loss or damage, which may be suffered by the Driver as a result of any failure by a Customer to show up within any stipulated time even if EHO has agreed to such timing or even if the Customer has advised EHO of the possibility that he / she may not show up within the stipulated time.
The Parties to these Driver T&C shall be entitled to terminate these Driver T&C with a prior written notice of 7 (seven) Business Days to the other Party without assigning any reason for the termination.
The Parties to these Driver T&C shall be entitled to terminate these Driver T&C for any breach of any obligations, representations or warranties, or any other material terms as contained in this Driver T&C by a Party which is not the Party proposing to terminate the Driver T&C at the end of 5 (five) days from the intimation of such breach to the breaching Party, if such breach is not rectified within 5 (five) days.
Upon termination of these Driver T&C in the manner set out in Clause 14.1 and 14.2 above, the registration of the Driver on the Portal shall stand cancelled and the Account shall be terminated and the Driver shall not be eligible to ply his Vehicle on the Portal.
The Driver shall pay to EHO all amounts due and owing to EHO.
EHO may, at its own discretion, return the Subscription Amount with such deductions as may be required to be made for the amounts and penalties/ Suspect Charges due to be paid by the Driver to EHO under these Driver T&C.
On the termination of Your registration, EHO will settle the Driver Proceeds which have become due to You on account of the Service to the Customers through the Portal and for other activities agreed under the Subscription Agreement, prior to the date of termination.
Each Party shall promptly return to the other Party all property and materials including all devices and including confidential information and materials, furnished to it by the other Party pursuant to these Driver T&C and/or the Subscription Agreement between the Parties. Where the confidential information cannot be returned in material form, the Party shall destroy the other Party’s confidential information.
The Parties shall cease acting in a manner that would imply a continuing relationship between the Parties and shall cease all marketing and other activities contemplated under these Driver T&C and/or the Subscription Agreement. In connection with the marketing activities, on termination or expiration of the Subscription Agreement along with the Driver T&C, the Driver shall ensure that EHO branding affixed / displayed on the Vehicle and / or any other branding affixed / displayed on the Vehicle (as directed by EHO and mutually agreed between the Parties), if any, shall be immediately removed. If the Driver is unable to remove the branding himself, Driver shall promptly approach EHO’s nearest office for removal of the branding. EHO disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of continued use of any branding by the Driver after expiry or termination of the Subscription Agreement and Driver T&C.
Clauses 7 (Contents Posted on Mobile Application), 9 (Privacy Terms), 11 (Disclaimer), 12 (Confidentiality), 13 (Indemnification and Limitation of Liability), 14 (Termination of Driver Registration) and 15 (Dispute Resolution, Governing Law and Jurisdiction) shall survive the expiry/termination of these Driver T&C in accordance with their terms.
Expiry or earlier termination of this Agreement will not prejudice any rights of the Parties that may have accrued prior to expiry or termination.
Without prejudice to the foregoing, the termination of Your registration pursuant to any of the provisions contained herein above shall not limit or otherwise affect any other remedy (including a claim for damages), which EHO may have, arising out of the event which gave rise to the right of termination.
If any dispute arises between You and EHO, in connection with, or arising out of, these Driver T&C, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by EHO. Arbitration shall be held in Raipur. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
These Driver T&C shall be governed by and construed in accordance with the laws of India.
Subject to clause 15.1, the courts in Raipur shall have the exclusive jurisdiction in connection with this Agreement.
In addition to above remedies, EHO shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain You from committing any violation of Your covenants and obligations. These injunctive remedies are cumulative and are in addition to any other rights and remedies EHO may have at law or in equity.
Entire Agreement: The Parties hereby agree that the Subscription Agreement, Exhibits and these Driver T&C along with Commercial Term Segment, EHO Policies, Zero Tolerance Policy and any other policy that EHO notifies to the Driver from time to time shall constitute the entire agreement between them and shall supersede and override all previous communications, either oral or written, between the parties with respect to the subject matter of this Agreement. In the event of any contradiction or inconsistency between the Driver T&C and any other agreement executed between the parties, the terms of the Driver T&C shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under these Driver T&C.
Independent Contractor Status: The relationship created by Driver T&C is that of independent contractors, and not partners, franchisees or joint ventures. No employees, consultants, sub-contractors or agents of one party is or will be deemed to be employees, consultants, contractors or agents of the other party, nor do they have any authority to bind the other party by contract or otherwise to any obligation, except as expressly set forth herein. The Driver shall not be deemed for any purpose to be an employee of EHO or any of its Affiliates. EHO shall not be responsible to the Driver or any governing body for any payroll-related taxes related to the performance of Services hereunder, including but not limited to, withholding or other taxes related to central or state income tax, social security benefits or unemployment compensation.
Assignment: Neither these Driver T&C 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 EHO. EHO may, at its sole discretion, assign the rights, interests or obligations hereunder to any person whosoever
Force Majeure: Any delay in or failure to perform any obligations by either party under the Driver T&C shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such Party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection (“Force Majeure”). Provided, however, You shall give prompt written notice within a period of 7 (seven) days from the date of the force majeure occurrence to EHO. You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 7 (seven) days from the date on which EHO receive the notice from You as above, EHO shall have the right to terminate these Driver T&C.
Notices: Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in these Driver T&C:
For the purposes of this sub-clause the Parties’ electronic mail addresses shall be the following, unless otherwise intimated by the Parties to each other,
EHO: firstname.lastname@example.org ;
Transport Service Provider: As provided during attachment.
By SMS sent to mobile number at:
Transport Service Provider: As provided during attachment.
By hand, against a written acknowledgement of receipt by the receiving Party.
EHO: Shop Number 712, 7th Floor, Babylon Capital, Raipur, Chhattisgarh – 492001
Transport Service Provider: As provided during attachment.
In the event the delivery of the notice is attempted to be made at all the contact addresses provided by the party, the notice shall be deemed delivered on the third day from the date of the notice.
Waiver: Either party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on part of any Party hereto exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such party.
Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
Amendment: These Driver T&C may be modified or amended by EHO at its sole and absolute discretion.
ZERO TOLERANCE POLICY
Driver will strictly follow ZERO TOLERANCE policy which shall be subject to change and any changes shall be intimated to the Driver from time to time via SMS or e-mail. ZERO TOLERANCE policy is mentioned below:
Breach Consequences: AS INFORMED BY EHO FROM TIME TO TIME
Driver shall not Proactively ask for ‘tips’ from the Customer. Driver shall not hassle the Customer for change.
Driver shall not stop the Vehicle for filling fuel
in between the journey. Driver shall not make any Personal stops during the journey.
Driver shall wear neat EHO cabs uniform & badge (if provided by ANI Technologies Private Limited) at all times during duty hour.
Driver shall maintain personal hygiene.
Driver shall greet Customers both at pick up and drop.
Driver shall manage the luggage (both at pick-up and drop point).
Driver shall keep the Vehicle and dashboard clean.
Driver shall make the Vehicle available for field audit within 2 days’ time period from such breach. Till then no bookings shall be provided and the Vehicle will be blocked from the device.
Driver shall not play loud music (above mid-level of the stereo) or music through any kind of earphone device.
Driver shall not unnecessarily blow horn.
Driver shall not proactively engage into a personal conversation with the Customer and shall not resort to any kind of unpleasant behaviour with Customers.
Driver shall not smoke inside the Vehicle.
Driver shall not chew any masala or chewing gum or any other food item while a ride is in progress.
adequate change with him so that at all times he is in the position to return the balance amount to the Customer.
The Driver should not make any fake calls or give any missed calls to the Customer’s contact number.
The Driver should only give a call to the Customer informing the Customer about the arrival of the Vehicle at the destination. Driver shall not make unwarranted use of the Customer contact details after the customer has been dropped at the destination.
The Drivers shall be well versed with the routes. The Driver shall not take any long route when there is another short route known to him for reaching the destination. The Drivers are not expected to halt at several places during the journey due to lack of knowledge of the routes.
Driver shall not under any circumstance argue with the Customer/use abusive words / raise his voice tone while talking to the Customer.Driver should follow the instructions given by Customer as well as by EHO Call Centre.
Driver shall not use mobile phones (unless for emergency purposes) while driving. This includes but not limited to SMS, video calls, voice, MMS and downloading.
However, this shall not apply in case of calls from EHO representatives and the Customer.
Driver shall not lie about Vehicle’s position to the EHO representative. Driver shall not report meter readings incorrectly. Driver shall provide opening and closing readings of the odometer on time as and when such reading is required to be provided by the EHO representatives.
Driver shall not exceed the speed limit of:
If any other speed limits prescribed for any road which is lower than the speed limits specified in (i), (ii) and (iii) above, the Driver shall follow the said prescribed lower
speed limits. Driver should not apply sudden breaks and should not take sharp turns that may cause inconvenience to the Customer.
While on duty hours with EHO it is mandatory to keep DL and all relevant RTO impacting papers (T-permit, PUC, Insurance, RC, etc.).
Driver shall not reject the booking on his own at the time of allotment under any circumstances (unless permitted by EHO).
Driver shall not reject a booking or a Customer once he has accepted the duty and make arrangement for another vehicle at any cost for the Customer and drop the Customer to the drop location.
Any instance of Driver’s behavior that directly or indirectly impacts the Company’s “Brand Image”.
Never load the vehicle above the manufacturer’s maximum specified weight.
Never drive the vehicle if medical conditions will impact the driving.
Unauthorized Goods or Person Not carry any unauthorized goods or persons till the completion of the Ride
COMMERCIAL TERMS SEGMENT
Details of the following commercial terms will be informed by EHO from time to time: Description of Commercial Terms
To be informed by EHO from time to time. Key Terms:
All payments due to the Transport Service Provider shall be made through NEFT/RTGS etc., as mutually agreed from time to time.
Incentive (if any) may be given to the Transport Service Provider by EHO from time to time. The Incentives shall be determined after taking into consideration all dues, fines, charges, interest, claims, costs, expenses etc.. For the sake of clarity, both the parties acknowledge and agree that the foregoing amounts are only for limited purposes of arriving at the value of Incentives.
You authorize EHO to make deductions from the Transport Service Provider Proceeds which includes the following:
Tax Deduction at Source (TDS) as per the Income Tax Act, 1961, where applicable;
service tax and other applicable taxes; and
any other amounts due and payable by the Transport Service Provider to EHO as per applicable law.
The terms in this Commercial Terms Segment is subject to change and will be communicated to the Transport Service Provider via SMS/call to registered mobile number.
The Transport Service Provider hereby agrees that discounts given to the users of the Portal, if any, will be decided by EHO on a case-to-case basis which shall be informed to the Transport Service Provider by EHO, and the Fee finally appearing on the Device configured by EHO for settlement between the Transport Service Provider and EHO shall be final and binding on the Transport Service Provider. The Transport Service Provider shall agree to the same without demur or protest.
EHO reserves the right to change the rates and payment terms between the Transport Service Provider and EHO mentioned in the Commercial Term Segment at any given point in time, which shall be notified to the Transport Service Provider.
Notwithstanding anything contained in this Agreement, where EHO has reason to believe that any charges/debits in respect of the Fee have been fraudulently incurred (“Suspect Charge”), EHO will always be entitled to deduct an amount equivalent to Suspect Charge from the Subscription Amount or in the event of insufficient Subscription Amount, EHO will be entitled to require the Transport Service Provider to remit the Suspect Charge in cash with EHO.
Credit Limit: The Transport Service Provider shall be allowed an amount of Rs. 1,000 as the Credit Limit for each vehicle registered to operator on EHO platform. “Credit Limit” means
allowable outstanding receivables of EHO from the Transport Service Provider. The Transport Service Provider shall ensure that the Credit Limit shall not exceed Rs. 1,000 at any point in time. However, EHO shall at its sole discretion change the allowable Credit Limit for the Transport Service Providers from time to time and shall notify the same to the Transport Service Provider.
EHO shall notify the Transport Service Provider as soon as the Credit Limit is reached. Once, the Credit Limit exceeds the above specified limit, the Account will become inactive without any further notification. The Vehicle(s) will not be allotted any further bookings till the Transport Service Provider pays the outstanding amount exceeding the specified credit limit. The Transport Service Provider can pay the outstanding amount via cash, cheque or NEFT.
Settlement: Pursuant to any settlement (“Settlement”) that the Transport Service Provider is required to make with EHO, under the terms of this Agreement and/or these the Transport Service Provider T&C, whether for a breach of this Agreement and/or the Transport Service Provider T&C or otherwise, EHO shall send a report of the Settlement by short message service (SMS) / email / post, giving full details of the amounts and reasons thereof, forming part of the Settlement, to the Transport Service Provider. The Transport Service Provider shall make payment of the amounts mentioned in the Settlement to EHO within 7 (seven) days from the date of receipt of such Settlement details. If the Transport Service Provider fails or refuses to make payment in respect of such Settlement within such seven 7 (seven) days, EHO shall have the right thereafter without any reference to the Transport Service Provider, to deduct the amounts mentioned in the Settlement details from the Subscription Amount. If the Subscription Amount is insufficient to meet the Settlement amount, then the balance shall be recoverable forthwith from the Transport Service Provider by EHO.
The Transport Service Provider must be competent to contract within the meaning of the Indian Contract Act, 1872.
The Transport Service Provider must have a ‘Reserve Bank of India KYC compliant’ bank account.
The Transport Service Provider must not be convicted of any offence for the preceding 10 years.
The Transport Service Provider must be a man of good repute and character and must never have been convicted of an offence involving moral turpitude and that no warrant, summons, FIR or any other process must have been initiated against or issued in Transport Service Provider’s name by any court of law, Governmental authority or law enforcement agency. Further, no proceeding must be pending against the Transport Service Provider regarding and neither have Transport Service Provider been convicted of (a) driving under the influence of drugs or alcohol or (b) any cognizable offence under the Code of Criminal Procedure, 1973, including fraud, sexual offences, use of a motor vehicle to commit cognizable offence, or of any crime involving property damage, theft, acts of violence, or acts of terror.
The Transport Service Provider must have identity proof / badge and commercial driving license as required under the Motor Vehicles Act, 1988 and the rules made thereunder
The Transport Service Provider must provide identity proofs / badges and commercial driving licenses in respect of the drivers proposed to be used for the Transport Services and as required under the Motor Vehicles Act, 1988 and the rules made thereunder.
The Transport Service Provider must have registration certificate, fitness certificate, pollution certificate, contract carriage permit and mandatory insurance policy in respect of each Vehicle of the Transport Service Provider proposed to be used for the Transport Service