DRIVERS TERMS AND CONDITIONS – Bijili Rides | Delivery

DRIVER TERMS AND CONDITIONS

This document is an electronic record as per the provisions of Information Technology Act, 2000 and rules framed thereunder as applicable and the provisions pertaining to electronic records in various states 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/AGREE” button on the Platform, You are consenting to be bound by this Agreement for using the Platform for the purpose of receiving and delivering the Services. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THE CLAUSES BEFORE YOU USE THE SERVICE OF THE PLATFORM, AS YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN upon clicking on the “I ACCEPT” button. If You do not accept any of this Agreement, please do not use the Platform or avail any of the Services being provided therein. YOUR AGREEMENT SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND BIJILI IN RESPECT OF THE SERVICES OF THE PLATFORM.

Your engagement with BIJILI to use the services of the Platform are subject to your acceptance of the Clauses as specified in this Agreement. BIJILI reserves the right, at its sole discretion, to change, modify, add or remove these terms and conditions, in part or in whole, at any time, without prior notice to You. It is Your responsibility and duty to check the terms and conditions periodically for changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the changes. As long as You comply with this Agreement, BIJILI grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Service on the Platform.

DEFINITIONS

Unless the context otherwise provides or requires, the following words and expressions used in this Agreement shall have the meaning as provided to them herein below:

1) “Acceptance” means your affirmative action of clicking on the box against the words “I Accept”provided at the end of these Driver’s Agreement including the T&C, by which action, you unequivocally accept the Driver T&C and any modifications thereof.

2) “Agreement” shall mean the Services Agreement executed between BIJILI and the Service Provider pursuant to which the Driver has agreed to undertake Services.

3) “Driver” or “Service Provider” or “You” or “Your” or “Yourself” shall mean an individual who has executed Agreement for the provision of Services.

4) “Driver information” shall mean and include any personal data collected from the Driver including know your client documents with Driver’s bank, copies of valid government issued Vehicle registration certificate, Vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership, registration and compliance under welfare legislations for Driver and any other information that BIJILI may deem fit.

5)”Driver Services” shall mean either or both of the following as the context may require:

5.1) The services provided by the Driver to BIJILI of making himself available on the Platform for the purpose of receiving orders placed by the Users.

5.2) The services provided by the Driver to the customers on Platform whereby the Driver’s collects the goods/products/consignments ordered by the customers/consignors and delivers the same to the consignees.

6) “Governmental Authority” means any governmental or any governmental agency, semi-governmental or judicial entity or authority, department of law and order including the Police personnel of any rank (including, without limitation, any stock exchange or any self-regulatory organisation established under statute).

7) “Intellectual Property Rights” shall mean and include the copyright (whether registered or not), patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs (both industrial and layout), geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, reproducing rights, domain names, internet address, graphics, artwork, links, information, logos, software, configuration, marketing and distribution material and any other intellectual property right in the website of bijilitaxi.in, and BIJILI Platform, which are used and/or owned by BIJILI.

8) “Platform Services” shall have the meaning assigned to it in the Agreement.

9) “Fees” means the consideration payable by BIJILI to the Driver for providing the Services as contemplated under this Agreement as per the General Terms and Conditions.

10) “Services” means the Driver and Platform Services technology-based services provided by BIJILI for the transportation of its goods/products/consignments from one place to another for the hiring of Vehicles by customers for a point to point service, or for time and usage based service within city limits and outside the city limits, including inter-city all over India, through the internet and / or mobile telecommunications devices including hiring of labour by customers for loading/unloading of the consignment. andsuch other services which BIJILI may from time to time add.

11) “Tax” means all forms of present and future taxes (including but not limited to Indirect Taxes), deductions, withholdings, duties, imposts, levies, cesses, fees, charges, social security contributions and rates imposed, levied, collected, withheld or assessed by any Governmental Authority or other taxing authority in India or elsewhere and any interest, additional taxation, penalty, surcharge, cess or fine in connection therewith and “Taxes” shall be construed accordingly.

12) “Termination Date” shall mean the date on which these Partner T&C and the Agreement shall stand terminated.

13) “Terms and Conditions” or “Driver T&C” refers to these Driver Terms and Conditions, which are available on the Platform, as may be amended from time to time.

14) “Platform” shall have the meaning assigned to it in the Agreement. It shall also include for all purposes the mobile application/website interface provided to the Driver wherein all the back-end technology is incorporated to enable the Driver to provide Services as well as enable BIJILI, to track the orders/requests and other relevant information.

15)”Vehicle” shall have the meaning which the Driver will use for performing the Services.

GENERAL COVENANTS

The Driver must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18 years), to provide Services.

The Company shall take the booking request and forward it to the Driver through an app-based device operating on GPS-GPRS based device installed in the Vehicle and the Driver is prohibited from accepting a ride through street hailing while using the Portal..
The Company reserves the right to discontinue or introduce any of the modes of booking Vehicles and/or for providing services for the transmission of parcels. At no time whatsoever shall the Driver tamper, damage, open or do anything to the parcels that he/she is not specifically permitted to do during the course of providing the Services.
The Company may monitor and record calls made to the Users, for the purpose of training and improving customer care services, including complaint handling.
The Driver shall not reject request of services from a Customer, except when deemed absolutely necessary and/or under exceptional circumstances.
The Driver warrants that the information it provides to the Company is accurate and complete. The Company is entitled at all times to verify the information that has been provided.
The Driver will refrain from doing anything which the Company reasonably believes to be disreputable or capable of damaging the Company’s reputation and will comply with all applicable laws of the Republic of India.
In relation to the Portal, the Driver agrees to:
1. 1. Not authorize others to use his account on the Portal;
  2. Not assign or otherwise transfer his account to any other person or legal entity;
  3. Not use the Portal for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
  4. Not use the Portal to cause nuisance, annoyance or inconvenience;
  5. Not impair the proper operation of the network;
  6. Not try to harm the Portal in any way whatsoever;
  7. Not copy, or distribute any content on the Portal without written permission from the Company;
  8. Keep secure and confidential the account password or any identification which the Company may provide to the Driver which allows access to the Portal;
  9. Provide the Company with whatever proof of identity the Company may request.

9.The Company reserves the right to immediately terminate the use of the Portal by the Driver if he does not comply with any of the above rules.

10.The Driver consents to provide identity documents for police verification and background check by the Company.

11.The Driver at the time of onboarding with the Platform undertakes that he/she has not been convicted within the past 3 year, for the offence of driving under the influence of alcohol or any cognizable offence under the Code of Criminal Procedure, ‘1973 or the lndian Penal Code, 1860 (as may be applicable) including fraud, sexual offences, use of a motor vehicle to commit a cognizable offence, a crime involving property damage or theft, acts of violence, or acts of terror.

12.The Driver shall not be allowed to operate without getting a medical examination and eye check through a medical institution prescribed by the Company.

PAYMENT TERMS

The Company has the discretion to charge any such fees from the Driver as updated on the Portal from time to time.
The Company charges a convenience fee from the commuters for providing the Services through the Drivers. Further, the Driver authorizes the Company to collect the service/travel fee (“Fare”) from the users on behalf of the Drivers.
If the Fare is collected in cash/digital by the Driver it will get adjusted against the convenience fee.

REPRESENTATIONS AND WARRANTIES

The Driver and the Company represent that:

They have all requisite power and authority to, deliver and perform the obligations imposed herein

The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement which is applicable to each party;

They have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.

The DRIVER hereby represents that:

He/She has the requisite authority or assignment to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle that will hinder the Driver from the performance of the Services using the Portal;
He/She has all rights, licenses, and permits as may be required under applicable laws to perform the Service in accordance with these T&Cs;
He/She is in compliance with the Motor Vehicles Act, 1988, Food Safety and Standards Act 2006 and other applicable laws as required to be complied with by any person driving Vehicles;
He/She shall hold and keep updated/renewed licenses, insurance and permits necessary for the use of Vehicle.
He/She shall not drive rashly, shall follow traffic regulations and all applicable laws during the performance of the Services, not consume liquor, or any other kind of intoxicant while performing the Services and shall have and hold a valid driving license and registration/insurance papers for the Vehicle at all times. The Driver shall not take any personal calls except in the event of an emergency, without prejudicing the safety of the Vehicle and the customer. The Driver shall take all calls from the customer and the Company only after stopping the Vehicle at an appropriate location to take the call, without being a hindrance to the traffic around him or without violating any traffic rules.
He/She shall provide the services in a courteous and professional manner as reasonably expected by a service provider providing the Services.
He/She shall at all times during which he is undertaking the Services, maintain dress, appearance, and hygiene codes.
He/She shall perform its obligations with promptness and use reasonable care and skill and in accordance with standards of diligence, care, skill, quality and integrity to be reasonably expected of an experienced and reputable provider of Services;
He/She shall provide Services in accordance with all the specifications that may be prescribed and formulated by the Company from time to time;
He/She shall follow all the SOPs that may be prescribed and formulated by the Company from time to time;
He/She shall not carry any weapons, firearms, ammunition, explosive devices and dangerous substances during performance of the Services;
He/She shall not seek any extra monetary compensation from the User for the completion of Services by way of tips;
He/She shall ensure that the Vehicle has a valid fitness certificate issued, insurance certificate, pollution under control certificate and shall be operating under permit granted under relevant provision of MV Act.
He/She shall perform each pick-up and delivery in the most efficient manner possible and shall make best efforts to adhere to the timelines prescribed.
He/She shall also ensure the safety of packages is not compromised at the time of delivery.
He/She shall not consume any alcoholic beverages or any other intoxicating/banned substances prior to or during the performance of the Services.

DRIVER’S INFORMATION

BIJILI may collect Driver Information at the time of onboarding of the Driver’s, to establish the identity of the Drivers. BIJILI reserves the right to store, process, access and use the Driver Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as BIJILI may deem fit and in accordance with Applicable Law. The Driver hereby expressly consents to such collection and use of Driver Information.
Subject to applicable laws, BIJILI may provide to a third party, governmental agency, judicial body, any Driver Information or information relating to the Driver, if there is a complaint, dispute or conflict, including any accident involving a Driver on one hand and end-consumer, or a third party on the other hand;
“Driver Information” shall mean and include any personal data collected from the Driver including know your customer documents with Drivers’s bank, copies of valid government-issued vehicle registration certificate, mobile number, bank account details, vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership of Driver’s Vehicle and any other information that BIJILI may deem fit;

APPLICABILITY OF THE TERMS AND CONDITIONS

The Driver T&C together with the Agreement shall form the complete understanding between the Parties. By accepting these Driver T&C, You acknowledge and agree to the Driver T&C and BIJILI policies that makes applicable to You from time to time, to the fullest extent possible.

Unless defined herein, the words, phrases and capitalized terms, which are contained or referred to in the Agreement, shall be construed as having the meaning thereby attributed to them in the Agreement.

Subject to the terms of this Agreement, BIJILI engages the Driver to perform, and You hereby agree to perform, the Services, with reference to the documents as prescribed and instructed by the Parties may from time to time agree to the provision of additional services by executing amendments / addendum to this Agreement or by way of an email/letter/e-notifications and alerts, which shall also be considered as an integral part of this Agreement.

FEES AND TAXES

1.In consideration for performance of the Services in accordance with the requirements of this Agreement, the Service Provider shall be entitled to receive the Fees on or after deduction of applicable Taxes.

2.The applicable financial terms for the Vehicle shall be communicated from time to time on BIJILI notice board of Your City Office/Branch Location.

3.The Fees in relation to the trip fare will be calculated through the GPS device provided

4.The Fees payable to the service provider is exclusive of all applicable central, state and other taxes.

5.The service provider shall be solely responsible to pay the taxes or any other applicable taxes with respect to the provision of services provided to Bijili.

SERVICE PROVIDER’S OBLIGATIONS

Each Person hereby obligates that:

1) The Service Provider shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, the Service Provider are prohibited from selling, trading, or otherwise transferring Your Account to another party.

2) Service Provider hereby provides consent to BIJILI to access, use or share data and information including but not limited to location information, contacts information, transaction information, usage and preference information, device information, call and SMS data and Log information related to subscription to BIJILI’s platform. The Service Provider expressly confirms that some of the call related information may be personal in nature.

3) The Service Provider is capable of entering in the present Agreement, pursuant to the Indian Contract Act, 1872 and is not below the age of 18 years as on the Effective Date.

4) All Service Provider Information provided shall be true and correct and no information that could impact the Service Provider’s performance to render Services pursuant to these Service Provider T&C and shall not be hidden from BIJILI anytime during the subsistence of these Service Provider T&C.

5) The Service Provider has not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude. Further, the Service Provider is not a party to any pending litigation, which shall materially affect Your obligations under these Service Provider T&C.

6) All licenses, permits, approvals and authority applicable to the Vehicle utilized by You that are necessary to provide Services.

7) The appropriate and current level of training, expertise and experience to provide the Services in a professional manner with due skill, care and diligence.

8) You acknowledge and agree that You may be subject to certain background and driving record checks from time to time.

9) You shall not use BIJILI Platform’s information but not limited thereto (“Confidential Information”) for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.

10) You shall ensure all obligations related to a comprehensive insurance including without limitation insurance of Vehicles, third party, goods, driver, customer etc. to meet any accidental eventuality etc. and the hirer/consignor/consignee shall not be liable for any thing whatsoever.

11) The Service Provider also shall furnish all the details for security reasons and ensure that the Service Provider is registered with BIJILI.

12) The Service Provider shall ensure that the customer pays the Vehicle fare (as displayed in the installed technology firmware and/or Platform, or that is otherwise agreed upon by BIJILI and the Service Provider at the time of hire), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by law or required to be paid for hiring the Vehicle (for cash bookings). Toll charges will be payable by the customer (whether by way of cash or credit, as previously agreed between BIJILI and Service Provider) as applicable, when the Vehicle that is in use and hired by the customer through BIJILI crosses a toll post.

13) The Service Provider will have a functioning mobile number and also have the ability to read and send SMSs from BIJILI, regarding the customer details, kilometers and time reading, amount paid by the customer and to convey customer feedback. Service Provider shall maintain all documents pertaining to the personal details and where about so fall.

14) The Service Provider will be maintaining certain standard ratings on the Platform which will be depending upon the transparent process and parameters of BIJILI, failure to adhere with the rating process will have an impact in the Services which will be solely decided by BIJILI from time to time.

15) During the Services are performed, the Vehicle shall not be pilfered or tampered with and the same shall be reported immediately by the Service Provider directly to BIJILI.

16) The Service Provider must be aware of the prominent destinations and routes, both outside and within the Branch Location.

17) Any discounts given to the customer, if any, will be decided by BIJILI based on a case to case basis and Service Provider shall agree to the same without demur or protest.

18) The Service Provider shall ensure and shall be solely responsible to ensure that before the Pickup, the device/phone is available for the passenger and BIJILI. The Service Provider’s phone should not be busy for long, unavailable or switched off. Doing this will lead to deductions in the amounts to be paid to Service Provider by adjusting the discounts given to the passenger with the amount to be paid to Service Provider. Such deductions may extend upto any quantum of the amounts to be paid to the Service Provider.

19) The Service Provider shall be liable for all claims and demands raised by any third party at all times in respect of the Vehicle (owned or hired) which ever the case may be. BIJILI does not verify the details of the Vehicle used by the Service Provider. In case of any claims as to the title of the Vehicle between the registered owner of the Vehicle and the Service Provider, BIJILI shall not be held responsible for such disputes. All such disputes must be met by the Service Provider and must indemnify BIJILI in case of the loss of brand value, goodwill, loss of business, direct or indirect claims, claims from accident and/or offenses under the applicable laws, etc. situations during the term of this Agreement.

RELATIONSHIP

The relationship between the parties is that of independent contractors and/or workers. Nothing in this Agreement shall be construed as creating a partnership, joint venture, employer-employee, agency, or other relationship between the Parties. The Service Provider shall have no right to exercise control over BIJILI’s performance of its obligations under this Agreement and BIJILI shall not have, and shall not represent that it has, any right or authority to bind the Service Provider, or to assume or create any obligation or responsibility, express or implied, on behalf of Service Provider.

The Service Provider covenants that all Persons assigned by the Service Provider (not by way of transfer) to perform Services under this Agreement shall be employees or contractors of Service Provider or its affiliates and under no circumstances shall such persons be deemed to be employees of BIJILI.

SUB-CONTRACTING

The Service Provider shall not sub-contract any part of the Services under this Agreement to any third party without prior written consent of BIJILI. Notwithstanding any such sub-contracting, if consented by BIJILI, the Service Provider shall remain primarily liable and always obligated to BIJILI hereunder.

ASSIGNMENT

Subject to clauses of this Agreement, BIJILI may assign this Agreement, in whole or in part, or any of its rights or obligations hereunder without the prior written consent of the Service Provider.

CONFIDENTIALITY

The Driver shall keep confidential all data including customer details, market information, all work products and documents related thereto, the contents of the Portal 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 the Company, and the Driver will not use the same for any purpose or distribute such data in any form or means except for the purpose of providing the Services and other than as permitted by the Company and shall keep it confidential at all times.

INTELLECTUAL PROPERTY OWNERSHIP RIGHTS

Except as expressly set forth herein, as between the Parties, BIJILI shall remain the owner of all intellectual property that it owns or controls as of the Effective Date or that it develops or acquires thereafter. Nothing in this Agreement will function to transfer any of either party’s intellectual property rights to the other party and each party will retain exclusive interest in and ownership of its intellectual property developed before this Agreement or developed outside the scope of this Agreement.

INDEMNIFICATION

The Service Provider shall indemnify BIJILI from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims in general and any provision which forms a part of this Agreement, demands, actions and proceedings, which BIJILI may incur or sustain directly or indirectly from any breach by Service Provider of its obligations here under or any breach of Service Provider’s representations and warranties, or by any reason, or in real action to the provision or proposed provision of the services by Service Provider and Service Provider shall forthwith pay all such sums forthwith on demand by BIJILI in writing.

Notwithstanding any other provisions of this Agreement, the Service Provider shall be liable to BIJILI for indirect, special, or consequential damages arising out of or in connection with the provision of Services under this Agreement.

The Service Provider agrees that in the event of any loss or damage to the BIJILI, that is from the time they are entrusted to the Service Provider till they have delivered the requisite services to the BIJILI, due to any reason whatsoever, except for Force Majeure, the Service Provider shall make good the loss, costs, charges, and expenses that the BIJILI may suffer or incur in accordance with the terms of this Agreement.

1.Indemnify BIJILI in accordance with the provisions of this Agreement. and

2.The Service Provider shall be solely liable for all offences and penalties relating to the Services.

DISCLAIMER OF WARRANTIES

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR THE PORTAL. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE AND/OR THE PORTAL WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE PORTAL WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES AND/OR THE PORTAL WILL BE CORRECTED, OR (F) THE PORTAL OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE PORTAL TRACKS YOU OR THE VEHICLE USED BY THE DRIVER. THE PORTAL IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent. The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of the Portal. You acknowledge and agree that the entire risk arising out of your use of the Portal remains solely and absolutely with you and you shall have no recourse whatsoever to the Company.
The Portal may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, Service failures, damages or losses resulting from such problems.

LIMITATION OF LIABILITY

The Company is not liable to the Driver, for any condition, suitability, quality, merchantability and fitness for any purposes in respect of the Portal or the services provided through the Portal and is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the use and access of the Portal.
To the extent permissible under applicable laws, the Company is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the breach by the Service Provider (a) of the applicable laws in respect of the use of the Portal or providing the Services; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of these T&Cs; or (d) of the duty of care the Driver owes to the users of the Portals.
The Company is not responsible for the behaviour, actions or inactions of the Driver, quality of the Vehicle. Any contract for the provision of Vehicle is exclusively between the customer and the Driver and the Company is not a party to the same.
All rights not otherwise claimed under these T&Cs or by the Company are hereby reserved. The information contained in this Portal is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Portal, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
The Driver shall not do the following:
a) License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Portal in any way;
b) Modify or make derivative works based upon the Portal;
c) Create internet “links” or “frame” or “mirror” any application on any other server or wireless or internet-based device;
d) Design or build a competitive product or service,
e) Design or build a product using similar ideas, features, functions or graphics of the Portal, or
f) Copy any ideas, features, functions or graphics of thePortal,orlaunch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Portal.

TERM AND TERMINATION

Company is entitled to terminate the contract at all times and with immediate effect (by disabling the Driver’s registration on the Portal and use of the Portal) for:

1. Any violation or breach of any term of these T&Cs; or
2. If the Driver, in the opinion of the Company, misuses the Portal.
3. Failure to verify or authenticate Driver Information;
4. Any action or omission by the Driver which can cause legal or contractual liability for BIJILI including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by the Users, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.
5. BIJILI is also at liberty to terminate the contract at their discretion, where, in their opinion, continuance of the services of Driver is detrimental to the business interest of BIJILI due to the acts of the Driver, such as the following:

a)Misbehavior, rude behavior with the staff of BIJILI, customers or any other persons associated with the BIJILI.

b)Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of BIJILI, person associated with BIJILI and any other persons.

c)Concealment of fact/material information while entering into a contract with BIJILI.

d)Poor & irregular for work, meetings and failure to abide by the rules/terms of the contract.

e)Drunk while on duty and drunken behavior.

f)Commissionoffraud/misappropriation/embezzlement for under monetary gain, which is against the interest of the BIJILI.

g)Negligence in performing the duty, causing damage of moveable and immoveable assets of BIJILI, its employees, customers.

h)Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to BIJILI’s brand and its image.

i)Indulging in acts such as creating ruckus/ strike/ or any activity against BIJILI, which could be detrimental to the BIJILI’s brand and its image.

j)Indulging in unauthorized disclosure of confidential information of BIJILI to external agency, person, BIJILI or organization.

k)Misuse of assets provided by BIJILI and welcome kits, which could be detrimental to the interest of BIJILI’s brand and its image.

l)Absconding for more than 4 hours with any asset, delivery item, money or any other valuable item belonging to BIJILI, its employees, customers or other staff member(s).

m) Failure to abide by any of the rules and guidelines given by BIJILI as part of service quality standards and principles.

n) Doing any act unbecoming of a Driver.

o) In case the background check, whether wholly or partially, is found negative at any point of time during the term of these T&Cs.

The Company is not obliged to give notice of the termination of the contract in advance.

SERVICE PROVIDER’S TERMS AND CONDITIONS FOR VEHICLE MAKE OF 2 WHEELERS

1.The Service Provider acknowledges and agrees that the Vehicle with which He/She chooses to provide Services shall be:

a) To operate in compliance with all applicable laws.

b) Properly registered, insured and licensed in accordance with law to operate as a passenger transportation Vehicle, a shared mobility Vehicle and/or Vehicle to transport/deliver Services.

c) Must wear helmet while driving the Vehicle.

d) To keep the Vehicle engine turned while providing the Services except upon reaching the origin and/or destination.

e) To maintain proper speed limit as prescribed by the Government Authority.

f) Suitable for performing the Services. and

g) Maintained the Vehicle in good operating condition, consistent with industry safety and maintenance standards for a Vehicle of its kind and any additional standards or requirements in the applicable Branch Location, and in a clean and sanitary condition.

2.The Service Provider may or may not have ownership as to the right, title and interest on the Vehicle and is responsible and liable for all loss or damages as to any matter arising from the vehicle including the claims, demands, charges, expenses, show cause, detention, litigation cases, actions from Government Authority and but not limited to objections, etc. as may be raised by a third party, family or related members, appropriate authorities, police functionary, etc. and shall keep BIJILI indemnified from all such claims from time to time during the course during the term of this Agreement. The Service Provider shall also provide BIJILI the requisite documents to furnish the Vehicle owner details.

3.Service Provider makes himself/herself available to undertake Services as and when a request for the same is placed by User through BIJILI Platform.

4.If required, the Service Provider may use his personal Vehicle or acquire a Vehicle from a third party (Service Provider Vehicle”) for providing the Services. No Vehicle of any kind shall be provided by BIJILI under any circumstances and BIJILI will not be liable to settle any claims or pay any amounts in regard to any accidental claims, insurance claims, tolls and all expenses with regard to the acquisition and maintenance of the Service Provider Vehicle are to be borne by the Service Provider solely.

5.The Service Provider shall ensure that the Service Provider Vehicle is well maintained and in good condition so that there are no delays in rendering Services.

6.All expenses incurred in maintaining, running and riding the Service Provider Vehicle shall be borne exclusively by the Service Provider.

7.The Service Provider shall hold and possess a valid driving license and a valid registration number for the Service Provider Vehicle, if required under the Applicable Law for the Vehicle used by the Service Provider for providing Services, which are up to date and in subsistence throughout the Term of these Service Provider T&C. Copies of the driving license as well as the registration certificate of the Service Provider Vehicle, including any other Service Provider Information, shall be handed to BIJILI before commencing Services or at any other time deemed appropriate by BIJILI.

8.The Service Provider shall have a valid and adequate insurance coverage to the Service Provider Vehicle. Service Provider shall ensure that the insurance is valid, up to date and in subsistence throughout the Term of these Service Provider T&C. A copy of the insurance policy shall be given by the Service Provider to BIJILI. The Service Provider further confirms that all premium payments towards the insurance policy shall be paid exclusively by the Service Provider. Under no circumstances shall BIJILI be liable to make any payment with respect to such insurance.

9.During the course of undertaking Services, the Service Provider shall conduct himself with honesty, discipline and in accordance with the policies and instructions of BIJILI, whether presently in force or adopted in the future, including but not limited to safety, driving rules, etc. The Service Provider shall comply with the Applicable Laws as required to be complied with by any person driving Vehicles.

10.Service Provider shall not commit any fraud while providing Services or otherwise commit any act or omission, to gain any undue advantage. Service Provider agrees and acknowledges that in case BIJILI believes that the Service Provider has committed any of the foregoing while undertaking Services, BIJILI shall, in addition to its right to terminate the Agreement and these Service Provider T&C, in its sole discretion reserve the right to (a) disable the Service Provider from undertaking Services through BIJILI Platform for such time as it deems fit and /or (b) deduct the undue gain made by the Service Provider through the fraudulent orders from the pay out including incentives/Fees thereof and/or the Security Deposit, if any. This right to withhold pay out including incentives/Fees thereof may also be exercised by BIJILI in the event service parameter guidelines, as prescribed by BIJILI from time to time, are not met.

11.At no time whatsoever shall the Service Provider tamper, damage, open or do anything to the consignments of the Users that he/she is not specifically permitted to do. In case BIJILI suffers any loss due to the Service Provider tampering, damaging or opening the packaging of consignments of the Users, BIJILI shall have the right to recover any loss, if any, from the payments required to be made by BIJILI to the Service Provider under the Agreement or these Service Provider T&C.

12.The Service Provider acknowledges that the goodwill and reputation of BIJILI is at stake with how effectively and efficiently the Service Provider render Services pursuant to these Service Provider T&C. Accordingly, the Service Provider shall not do any act that adversely affects BIJILI and undertakes to be in compliance with Applicable Law at all times and protect the brand image, business reputation or any other asset/property of BIJILI.

13.While logged-in BIJILI Platform, the Service Provider shall not engage in any illegal activity or perform any actions that are contrary to Applicable Law.

14.All Confidential Information procured shall at all times be kept confidential and used only for the limited permitted purposes of rendering Services.

15.The Service Provider is not entitled to claim reimbursement of hospitalization/ hospital bills that may be incurred by the Service Provider while rendering Services or incurred by his family members for any unfortunate accidents or severe illness, during the subsistence of Agreement and these Service Provider T&C.

16.The Service Provider shall not resort to the below mentioned acts/ commission/ omission of events:

a)Any violation or breach of any term of these T&Cs.

b)If the Service Provider, in the opinion of BIJILI, misuses the Portal.

c)Failure to verify or authenticate Service Provider Information.

d)Misbehavior, rude behavior with the staff of BIJILI, customers or any other persons associated with BIJILI.

e)Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of BIJILI, person associated with BIJILI and any other persons.

f)Concealment of fact/material information while entering into a contract with BIJILI.

g)Poor & irregular for work, meetings and failure to abide by the rules/terms of the contract.

h)Drunk while on duty and drunken behaviour.

i)Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of BIJILI.

j)Negligence in performing the duty, causing damage of moveable and immoveable assets of BIJILI, its employees, customers.

k)Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to BIJILI’s brand and its image. Indulging in acts such as creating ruckus/ strike/ or any activity against BIJILI, which could be detrimental to BIJILI’s brand and its image.

l)Indulging in acts such as creating ruckus/ strike/ or any activity against BIJILI, which could be detrimental to BIJILI’s brand and its image.

m)Indulging in unauthorized disclosure of confidential information of BIJILI to external agency, person,

n)Misuse of assets provided by BIJILI, which could be detrimental to the interest of BIJILI’s brand and its image.

o)Absconding for more than 4 hours with any asset, item, money or any other valuable item belonging to BIJILI, its employees, customers or other staff member(s).

p)Failure to abide by any of the rules and guidelines given by BIJILI aspart of service quality standards and principles and/or Code of Conduct. or

q)In case the background check, whether wholly or partially, is found negative at any point of time during the term of these T&Cs.

SERVICE PROVIDER’S TERMS AND CONDITIONS FOR VEHICLE MAKE OF 3 WHEELERS AND 4 WHEELERS

1.The Service Provider acknowledges and agrees that the Vehicle with which he/she chooses to provide Services shall be:

a) To operate in compliance with all applicable laws.
b) Properlyregistered,insured and licensed in accordance with law to operate as a passenger transportation Vehicle, asharedmobility Vehicle and/or Vehicle to transport/deliver Services.
c) Must apply the seat belt while driving the Vehicle.
d) To keep the pollution certifications in place.
e) To maintain proper speed limit as prescribed by the Government Authority.
f) To check and maintain that before the departure of the locations, the Vehicle is under the responsibility of the Service Provider deployed therein at the time of loading of the consignment to check and verify that all such consignments are loaded in absolutely sealed containers/packages. Post verification of the same, they should affix their sign and seal as well as a token of verification. If any loss and/or damage arises due to any such seal/lock cutting incident, then the Service Provider shall be immediately liable to report such incident at the nearest police station by way of lodging a First Information Report and thereby immediately take pictures/photographs of the same and report such incident to the nearest office of the Company and shall thereby handover the copy of the FIR together with the photographs. In case of any deviation and/or contravention/non-compliance, the Service Provider shall be solely responsible and liable to make good all the consequential loss/damage arising therefrom which is inclusive but not limited to payment of incidental expenses relating to the same, viz. Police Station Expenses for the lodging of the FIR, travelling expenses of the representative of the BIJILI to manage such incident.
g) Suitable for performing the Services.
h) Maintained the Vehicle in good operating condition, consistent with industry safety and maintenance standards for a Vehicle of its kind and any additional standards or requirements in the applicable Branch Location, and in a clean and sanitary condition.

i)The Service Provider may or may not have ownership as to the right, title and interest on the Vehicle and is responsible and liable for all loss or damages as to any matter arising from the vehicle including the claims, demands, charges, expenses, show cause, detention, litigation cases, actions from Government Authority and but not limited to objections, etc. as may be raised by a third party, family or related members, appropriate authorities, police functionary, etc. and shall keep BIJILI indemnified from all such claims from time to time during the course during the term of this Agreement. The Service Provider shall also provide BIJILI the requisite documents to furnish the Vehicle owner details.

j)Service Provider makes himself/herself available to undertake Services as and when a request for the same is placed by User through BIJILI Platform.

3.Service Provider makes himself/herself available to undertake Services as and when a request for the same is placed by User through BIJILI Platform.

5.The Service Provider shall ensure that the Service Provider Vehicle is well maintained and in good condition so that there are no delays in rendering Services.

6.All expenses incurred in maintaining, running and riding the Service Provider Vehicle shall be borne exclusively by the Service Provider.

13.While logged-in BIJILI Platform, the Service Provider shall not engage in any illegal activity or perform any actions that are contrary to Applicable Law.

14.All Confidential Information procured shall at all times be kept confidential and used only for the limited permitted purposes of rendering Services.

16.The Service Provider shall not resort to the below mentioned acts/ commission/ omission of events:

a)Any violation or breach of any term of these T&Cs.

b)If the Service Provider, in the opinion of BIJILI, misuses the Portal.

c)Failure to verify or authenticate Service Provider Information.

d)Misbehavior, rude behavior with the staff of BIJILI, customers or any other persons associated with BIJILI.

e)Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of BIJILI, person associated with BIJILI and any other persons.

f)Concealment of fact/material information while entering into a contract with BIJILI.

g)Poor& irregular for work, meetings and failure to abide by the rules/terms of the contract.

h)Drunk while on duty and drunken behaviour.

i)Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of BIJILI.

j)Negligence in performing the duty, causing damage of moveable and immoveable assets of BIJILI, its employees, customers.

k)Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to BIJILI’s brand and its image.

l)Indulging in acts such as creating ruckus/ strike/ or any activity against BIJILI, which could be detrimental to BIJILI’s brand and its image.

M)Indulging in unauthorized disclosure of confidential information of BIJILI to external agency, person, BIJILI or organization.

n)Misuse of assets provided by BIJILI, which could be detrimental to the interest of BIJILI’s brand and its image.

o)Absconding for more than 4 hours with any asset, item, money or any other valuable item belonging to BIJILI, its employees, customers or other staff member(s).

p)Failure to abide by any of the rules and guidelines given by BIJILI as part of service quality standards and principles and/or Code of Conduct.

q)In case the background check, whether wholly or partially, is found negative at any point of time during the term of these T&Cs.

GOVERNINGLAW, JURISDICTION AND DISPUTE

RESOLUTION

a)These T&Cs shall be governed by and interpreted in all respects in accordance with the laws of the Republic of India.

b)Subject to the provisions made in Clauses, the parties hereby submit to the exclusive jurisdiction of the courts of Bangalore, India.

c)All disputes arising out of or in relation to these T&Cs shall be settled amicably by the parties. In the event no amicable settlement is arrived at within a period of 15 (fifteen) days from the date of first initiation of the dispute by one party to other, the parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.

d)The arbitration proceedings shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by you and the Company.

e)The arbitration proceedings shall be conducted in English language only and the seat for arbitration shall be Bangalore, India.

f)The award of the arbitral tribunal shall be final and binding.

ASSIGNMENT

The Driver may not assign its rights or obligations under these T&Cs without prior written approval of the Company.

AMENDMENT

These T&Cs may be amended from time to time and as and when required, at the discretion of the Company.

SEVERABILITY

If any provision or any part of a provision of these T&Cs is invalid, unenforceable or prohibited by applicable laws of the Republic of India , such provision or part of provision shall be severed from these T&Cs and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall be inoperative and shall not be part of the consideration moving between you and the Company hereto and the remainder of these T&Cs shall be valid and binding and of like effect as though such provision was not included herein.

INSURANCE

The Company at its sole discretion may insure the Driver against any accident suffered by the Driver during provision of Services by the Driver using the Portal. The Company reserves the right to recover any amount paid by the Company in lieu of the insurance from the Driver.

NOTICES

1. The Company may give notice by means of a general notice on the Portal, or by electronic mail to your email address on record in the Company’s account information, or by written communication sent by regular mail to the Driver’s address on record in the Company’s account information.
2. Driver needs to send any notice on at email id: grievances@bijilitaxi.in

DOCUMENTS TO BE SUBMIT:

Details of Vehicles and Drivers with No Objection Certificate.

PAN card Number

Aadhaar Number and

Driving License Number

DRIVER TERMS AND CONDITIONS

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