"SERVICE PROVIDER" AGREEMENT WITH "AAP KA DRIVER"


BY REGISTERING ONLINE WITH AAP KA DRIVER AS A "SERVICE PROVIDER" AND FILLING THE REGISTRATION FORM ONLINE, YOU THE "SERVICE PROVIDER" HEREBY ACKNOWLEDGES, ACCEPTS AND AGREES TO ALL THE TERMS AND CONDITIONS IN THIS "SERVICE PROVIDER" AGREEMENT.

WHEREAS:

  1. OnMobi Tech Platforms Private Limited is a private limited company a company registered under the Companies Act, 1956 with CIN U74999MH2012PTC238228 and having its registered office at Office No 4, 3rd Floor, Hill View, 158 Hill Road, Bandra West, Mumbai – 40005
  2. OnMobi Tech Platforms Private Limited holds the trademark of the brand name “Aap Ka Driver”.
  3. Aap Ka Driver, inter alia, engaged in the business of providing a marketplace platform in the physical and/or electronic form, through the means of electronic-mail (e-mail), internet, intranet, e-commerce, m-commerce, website, application and or any other means or technology available and developed from time to time on any device including the mobile, tablets, pads etc, and any other device, platform and or technology available and developed from time to time (herein referred to as the Aap Ka Driver Platform).
  4. Aap Ka Driver through the Aap Ka Driver Platform enables drivers / chauffeurs (referred to as "Service Provider") to list themselves to offer driver / chauffeur services to all individuals, fleet owners like hotels, car rental companies, tourist taxis, cab/ taxi operators, corporate companies like BPOs, Airlines, Banks, Business Houses, Finance Companies, Insurance Companies, Industry, Tourist Taxi Companies, Radio Taxi Companies, Car Rental Companies, cab aggregators, cab companies, cab/ taxi operators or any other individual / entity (referred to as "Service Seeker") seeking to avail the services provided by the "Service Provider" through the Aap Ka Driver Platform.
  5. "Service Provider" means drivers / chauffeurs holding a valid commercial driving license of a Light Motor Vehicle / Heavy Motor Vehicle to render driver / chauffeur services and who have agreed to make his / her services available by listing him / her on the Aap Ka Driver Platform for the purposes as stated herein and on the terms and conditions more particularly contained in this Agreement.
  6. "Services" shall mean driver / chauffeur services.
  7. "Service Seeker" means all individuals, fleet owners like hotels, car rental companies, tourist taxis, corporate companies like BPOs, Airlines, Banks, Business Houses, Finance Companies, Insurance Companies, Industry, Tourist Taxi Companies, Radio Taxi Companies, Car Rental Companies, cab aggregators, cab companies, cab/ taxi operators or any other individual / entity seeking to avail the services provided by the "Service Provider" through the Aap Ka Driver Platform. The term "Service Seeker" shall be expanded at a later date by Aap Ka Driver at their sole discretion.
  8. Pursuant to discussions between Aap Ka Driver and the driver / chauffeur in this regard, Aap Ka Driver has agreed to allow the driver / chauffeur to become a "Service Provider" and list / register in a transparent manner on the Aap Ka Driver Platform on the terms and conditions, which the Parties now wish to reduce into writing by executing this Agreement.

NOW, THEREFORE, THIS AGREEMENT WITNESSETH AS UNDER:

1. APPOINTMENT

1.1 The parties agree that all the recitals herein above will form an integral part of this Agreement.

1.2 The driver / chauffeur requests and Aap Ka Driver accepts the driver / chauffeur request on a non-exclusive basis to list as a "Service Provider" on the Aap Ka Driver Platform, to provide " Driver Services" to "Service Seeker" requesting for the "Services" through the Aap Ka Driver Platform.

1.3 Aap Ka Driver shall be at liberty to accept similar requests, whether or not on similar terms, from other drivers / chauffeurs including any and all competitors of the driver / chauffeur entering into this Agreement.

A. TERM, TERMINATION AND SUSPENSION

  1. This Agreement shall commence on the date of online registration for an indefinite period of time, unless terminated by either Party by written notice with due observance of a notice period of seven (7) calendar days.
  2. This Agreement terminates automatically, without any notice requirement, at such moment when the "Service Provider" no longer qualifies to provide Driver Services, under the applicable law or the quality standards of Aap Ka Driver or any material breach of any Terms and Conditions of this Agreement.
  3. Each Party may terminate this Agreement with immediate effect and without a notice of default being required in case of a material breach or breaches by the other Party of any Terms and Conditions of this Agreement.
  4. In case of termination of this Agreement by Aap Ka Driver due to a breach by the "Service Provider" of any of its obligations or its representations or warranties, to be determined by Aap Ka Driver in its sole discretion, the "Service Provider" will be suspended / withdrawn / black listed / terminated from rendering his Services through the Aap Ka Driver Platform.
  5. In case the "Service Provider" chooses to terminate the Agreement with due notice, but not as a result of its own breach or breaches he is free to do so by giving a notice of Aap Ka Driver.
  6. That notwithstanding anything contained herein, Aap Ka Driver reserves the right in their sole discretion to terminate this Agreement in part or in whole at any point of time, with immediate effect, if "Services" are found to be unsatisfactory and / or breach of any terms and conditions or due to any other reasons whatsoever.
  7. Upon termination of this Agreement, the "Service Provider" shall promptly return all data to Aap Ka Driver without withholding any data thereof.

B. TERMS & CONDITIONS

  1. This Agreement supersedes all prior agreements and understandings (whether written or oral) made between Aap Ka Driver and the "Service Provider".
  2. The relationship between the "Service Provider" and Aap Ka Driver hereto shall be non-exclusive, on a Principal-to-Principal basis. Nothing in this Agreement shall be construed to constitute a partnership, agency or employer- employee relationship between the Parties.
  3. Aap Ka Driver shall provide the "Service Provider" with a unique login ID and password to access the Aap Ka Driver Platform as and when required.
  4. The "Service Provider" confirms and fully understands that Aap Ka Driver does not own or in any way control the vehicles to be driven by the "Service Provider" rendering "Driver Services" to the "Service Seeker".
  5. The Aap Ka Driver is a listing Platform on "as is" and "as available" basis.
  6. The "Service Provider" confirms to having filled in the registration form and furnished true and correct details / information and documentations sought for therein. Information sought by Aap Ka Driver shall include, but shall not be limited to the "Service Provider" registration form to be filled online. Aap Ka Driver shall be at liberty to seek additional information as and when needed and the same. Any false or incorrect details / information / documents furnished will be considered a breach of this Agreement and could result in the "Service Provider" being suspended / withdrawn / black listed / terminated from rendering his Services through the Aap Ka Driver Platform with immediate effect.
  7. Aap Ka Driver shall not be held liable or responsible in any manner what so ever for any insufficiency or deficiency of "Driver Service" rendered by the "Service Provider" to the "Service Seeker". It is hereby clarified that the "Service Provider" shall be held solely liable or responsible for any insufficiency or deficiency of "Service" rendered by the "Service Provider" to the "Service Seeker".
  8. Aap Ka Driver disclaims and shall disclaim all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all the vehicles of the "Service Seeker" to be driven by the "Service Provider".
  9. Aap Ka Driver disclaims and shall disclaim all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all the including "Driver Services" of the "Service Provider" that are used by the "Service Seeker".
  10. Aap Ka Driver shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the "Service Provider" arising out of the failure of Aap Ka Driver Platform to provide Driver Services to the "Service Seeker" for any reason whatsoever including but not limited to any "Service Seeker" non-compliance, misrepresentation which might lead to a fake booking of Assignment which includes, but is not limited to any incorrectly placed 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 Aap Ka Driver Platform or any person or any organization involved in the above mentioned systems.
  11. Without prejudice to the above, Aap Ka Driver shall not be liable for any direct or indirect loss or damage or payment, which may be suffered by the "Service Provider" as a result of any failure by the "Service Seeker" to start / complete the booking at the given stipulated time even if the "Service Seeker" has agreed to such timing or even if the "Service Seeker" has cancelled the booking of the Service.
  12. The required "Driver Services" to be carried out by the "Service Provider" to the "Service Seeker" through the Aap Ka Driver Platform shall be of highest quality as per industry standards and in accordance and requirements of this agreement and the "Service Provider" shall be liable to Aap Ka Driver for any consequential loss caused due to negligence of the "Service Provider" in the performance of "Services".
  13. The "Service Provider" represents and warrants to Aap Ka Driver that he / she is fully compliant with all applicable laws, rules and regulations in India regarding the Driver Services offered by him.
  14. "Service Provider" alone shall be responsible and liable for any violation of any law, rule or regulation in the performance of its obligations under this Agreement and for any conduct, which results in any violation of any such applicable law, rule and / or regulation while rendering Driver Services through the Aap Ka Driver Platform.
  15. Any complaint/s by "Service Seeker" regarding the "Service Provider" will be considered to be a breach of the "Service Provider" obligations / duties under this Agreement. Aap Ka Driver may in its absolute sole discretion require inter alia that such "Service Provider" be suspended / withdrawn / black listed / terminated from rendering his Services through the Aap Ka Driver Platform.
  16. The "Service Provider" shall indemnify Aap Ka Driver 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, demands, actions and proceedings, which Aap Ka Driver may incur or sustain directly or indirectly from any breach by "Service Provider" of its obligations hereunder or any breach of "Service Provider" representations and warranties, or by any reason, or in relation to the provision or proposed provision of the Services by the "Service Provider" and "Service Provider" shall forthwith pay all such sums forthwith on demand by Aap Ka Driver in writing.
  17. The "Service Provider" shall be liable to Aap Ka Driver for any loss caused to Aap Ka Driver due to negligence and / or any unlawful act or omission in the performance of the Driver Services of the "Service Provider".
  18. Aap Ka Driver hereby represents that it is authorized to use the location-based information provided by any of the telecommunication companies when "Service Seeker" use the mobile phone to access the Service offered by the "Service Provider" through the Aap Ka Driver Platform. The location-based information will be used only to facilitate and improve the Aap Ka Driver Platform and the probability of locating the "Service Provider"/ "Service Seeker".
  19. Aap Ka Driver shall be entitled to disclose to all companies within its group, or any of its affiliates / subsidiaries 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, the particulars of a "Service Provider" in any way as Aap Ka Driver in its absolute sole discretion deems fit or if it considers it in its interests to do so.
  20. All calls made by "Service Provider" or on their behalf to Aap Ka Driver shall be recorded by Aap Ka Driver or any other agency designated by Aap Ka Driver, for security, quality and training purposes as deemed fit by Aap Ka Driver in its sole discretion.
  21. Notwithstanding anything contained herein, the maximum liability if any to the "Service Provider" under this Agreement by Aap Ka Driver in any event, which includes any failure by Aap Ka Driver under this Agreement, shall be restricted and limited to 10% of the total amount of revenue earned by the "Service Provider" in any given month in the preceding 12 months.
  22. The "Service Provider" confirms and fully understands the Terms of Use of "Service Seeker" which are set out in this Agreement. These are subject to change at the absolute sole discretion of Aap Ka Driver and changes if any shall be informed to the "Service Provider".
  23. DISCLAIMER - Without prejudice to that what is stated in this agreement, Aap Ka Driver makes and shall make no representation or warranty to the "Service Provider" that:
    1. The service of Aap Ka Driver Platform will meet the "Service Provider" requirements from time to time;
    2. The service provided by Aap Ka Driver Platform will be uninterrupted, timely, secure, or error-free.
  24. TERMS OF USE
    1. CAR SEGMENTS
      The different car segments and the minimum number of years of driving license required by the "Service Provider" to drive a car from the particular car segment is detailed below:
      Small Segment Mid-Segment Large Segment
      Minimum 3 years Minimum 5 years Minimum 7 years
      INDIGO COROLLA ALTIS TOYOTA CAMRY
      RITZ SKODA SUPERB TOYOTA CAMRY
      SWIFT CHEVROLET CRUIZE AUDI A6 / A8
      SWIFT DZIRE HONDA ACCORD AUDI Q 5 / Q 7
      ETIOS TOYOTA INOVA MERCEDES E CLASS / SUV
      JAZZ / SX 4 MERCEDES UPTO C CLASS BMW 5 Series
      HONDA CITY AUDI A3 / A4 FORD ENDEAVOUR
      FIESTA BMW 3 Series FORTUNER and similar SUV
      ETC ETC ETC

      Note: Car Segments are subject to change / updated without any intimation.

    2. RATES FOR SERVICES BY SERVICE PROVIDER
      1. Rs. 650/- for small cars
      2. Rs. 650/- for medium cars
      3. Rs. 750/- for large cars
      4. Rs. 750 for luxury cars
        Aap Ka Driver has the right and liberty to increase or decrease the car segments / rates for Services in its absolute sole discretion, if it deems fit or if it considers it in its interests to do so without any reference to the "Service Provider" and these will be binding on the "Service Provider".
    3. ASSIGNMENT DEFINITION & REQUIREMENTS

      Assignment definitions and requirements contained hereunder are subject to change as per the Policies from time to time at the absolute and sole discretion of Aap Ka Driver without any intimation to the "Service Provider".

      “Assignment” is the period during which the "Service Provider" fulfills bookings received from the "Service Seeker" exclusively through the Aap Ka Driver Platform.

      Following are the Driver Services presently on the Aap Ka Driver platform:

      1. HOURLY

      2. OUTSTATION

      3. CAB/ TAXI OPERATORS

      4. CAR DROP

      5. EMPLOYMENT

      Aap Ka Driver shall at the absolute and sole discretion of Aap Ka Driver without any intimation to the "Service Provider" add or delete Driver Services on the Aap Ka Driver platform.

      The "Service Provider" has to stay logged into the Aap Ka Driver Platform at all times to take the Assignments that are requested for by "Service Seeker" and to provide Driver Services.

      The "Service Provider" is at liberty to log off the Aap Ka Driver platform if he/she does not want to render Driver Services.

    4. DINNER CHARGES AND TRAVEL ALLOWANCE
      1. If bookings are made by a "Service Seeker" before 7 pm for an 8 hour Assignment and extend beyond 10 pm then dinner charges of Rs. 75 will be given by the "Service Seeker" to the "Service Provider".
      2. For all Assignments ending post 12 midnight travel allowance of Rs. 75 will be paid by the "Service Seeker" to the "Service Provider".
      3. These amounts may be revised at the absolute and sole discretion of Aap Ka Driver without any intimation to the "Service Provider".
    5. PARKING FINES AND PENALTIES

      The "Service Provider" shall be responsible for all parking fines and penalties, if any, imposed on the "Service Provider" while rendering his

      Services and shall not claim them from the "Service Seeker" or Aap Ka Driver.

    6. PARKING CHARGES AND TOLL TAXES ETC

      Toll taxes, Parking charges, Inter-state taxes, and other similar costs / charges will be paid / borne by the "Service Seeker" and the "Service Provider" will not have to bear the name. The "Service Provider" shall inform the "Service Seeker" of the same while rendering his Services.

    7. PAYMENTS TO AAP KA DRIVER BY "SERVICE PROVIDER"
      1. Aap Ka Driver charges "Service Provider" a listing fee for 12 months and a lead fee for every booking/ service accepted by the "Service Provider"
      2. This shall exclude all allowances like overtime charges, dinner charges, travel allowance, conveyance, tips and amounts of gratitude given by "Service Seeker" to "Service Provider".
      3. Aap Ka Driver will bill the Service Provider for the listing fees and lead charges.
      4. All bills raised by Aap Ka Driver to the "Service Provider" shall be inclusive of Service tax.
      5. Service Provider shall collect payments for all Driver Services from the Service Seeker by cash or electronic/ mobile payment.
    8. INSURANCE

      The "Service Provider" shall ensure necessary insurance including without limitation to meet any accidental, eventuality, third party damage to person/property etc., and Aap Ka Driver shall not be liable for any damages whatsoever caused during rendering Driver Services.

    9. OWN A DEVICE

      The "Service Provider" will have to compulsorily purchase and own a Smart phone Device which supports the Android or IOS system which will be installed with the Aap Ka Driver technology firmware. The smart phone Device will be used for the acceptance of Assignments and rendering Driver Services to "Service Seeker" through the Aap Ka Driver Platform.

    10. PAYMENTS PAYABLE BY "SERVICE PROVIDER" TO AAP KA DRIVER
      1. Service Providers shall in advance deposit an amount so as to have a credit balance to be able to render Driver Services.
      2. Aap Ka Driver shall automatically deduct listing fees and lead charges from the amount deposited by the Service Provider.
    11. CREDIT LIMIT:
    12. CANCELLATION POLICY

      Aap Ka Driver Platform has a "Book Now" and "Book Later".

      1. FOR BOOK NOW

        Any cancellation after accepting the booking in the "Book Now" section, a charge of Rs. 200/- will be applicable which will be deducted from your deposit amount.

      2. FOR BOOK LATER

        1) Three hours prior to the booking time - no charge - "Service Provider" shall not pay any fine

        2) Cancellation within three hours prior to booking time - "Service Provider" will pay a fine Rs. 200/-.

        3) FOR CHECK IN 1

        1. Every "Service Provider" has to "Press" or "Click" CHECK IN 1 button between 120 minutes to 90 minutes prior to booking time.
        2. If "Service Provider" fails to "Press" or "Click" CHECK IN 1 button between 120 minutes to 90 minutes prior to booking time "Service Provider" will pay a fine Rs. 200/-.
        3. If "Service Provider" fails to "Press" or "Click" CHECK IN 1 button between 120 minutes to 90 minutes prior to booking time the booking will be cancelled and refloated to another "Service Provider".

        4) "Service Provider" shall not reject / refuse the assignment once he has accepted the assignment and shall not switch off his mobile phone under any circumstances during an Assignment. Violation could result in being fined and or terminated with immediate effect.

    13. SERVICE PROVIDER"S RESPONSIBILITY
      1. The "Service Provider" shall at all times have a functioning mobile number and also have the ability to read and send SMSs from Aap Ka Driver, regarding the "Service Seeker" details, location of "Service Provider", amount paid by the "Service Seeker" and to convey "Service Seeker" feedback.
      2. The "Service Provider" should arrive at least 15 minutes before the Assignment time.
      3. Any non-payment related issues with a Service Seeker", will be dealt by Aap Ka Driver and not by the "Service Provider".
      4. The belongings of the "Service Seeker" left in the car shall not be pilfered or tampered with by the "Service Provider". The "Service Provider" shall promptly inform and handover such belongings to Aap Ka Driver.
      5. The "Service Provider" must be aware of the prominent destinations and routes, both outside and within Mumbai to efficiently perform his Services.
      6. The "Service Provider" shall not offer any discounts to "Service Seeker" which are not allowed/initiated by Aap Ka Driver. Any discounts given to the "Service Seeker", if any, will be decided only by Aap Ka Driver.
      7. The "Service Provider" shall always perform all duties as is taught in the I.O.C.S. Chauffeur Training and Grooming Programme while rendering services to the "Service Seeker" and shall not refuse to perform any of the duties.
      8. The "Service Provider" shall ensure excellent behavior and discipline while rendering services to all "Service Seeker" while on duty / assignment.
      9. Every "Service Provider" shall mandatorily keep the "Service Seeker" vehicle clean and neat at all times during the period of the duty / assignment.
    14. DUTIES OF SERVICE SEEKER

      The "Service Provider" shall ensure and shall be solely responsible to ensure:

      1. To log off the Aap Ka Driver Platform if he / she does not want any duty / assignment.
      2. That the mobile device should not be busy, unavailable or switched off for the "Service Seeker" and Aap Ka Driver during an duty / assignment. It is understood by the "Service Provider" that doing so will lead to deductions in the amounts to be paid to "Service Provider" by adjusting the discounts given to the "Service Seeker" with the amounts to be paid to "Service Provider". Such deductions may extend to 100% of the amounts to be paid to the "Service Provider" at the sole discretion of Aap Ka Driver.
      3. To be polite with the "Service Seeker" at all times;
      4. Not to drive the "Service Seeker" car rashly / negligently;
      5. To follow traffic regulations, wear seat belt while driving, not consume liquor / cigarette / bidi, etc. on duty / assignment and shall have and hold a valid driving license at all times.
      6. To avoid personal calls during driving on an duty / assignment.
      7. To take all calls from the "Service Seeker" and Aap Ka Driver.
      8. For any pickup duty / assignment, the "Service Provider" shall have the Aap Ka Driver branded Placard with the "Service Seeker" name written on it. The said placard shall be of such size, color and specifications as supplied by and/or as indicated by Aap Ka Driver from time to time.
    15. RANDOM CHECKS

      Random audit may be carried out by Aap Ka Driver to check on the Services of the "Service Provider". The "Service Provider" hereby agrees that he / she shall have no objection to the same.

    16. DELISTING OF SERVICE PROVIDERS

      Should the "Service Provider" want to voluntarily delist or withdraw themselves from the Aap Ka Driver Platform, they shall furnish an application for delisting and Aap Ka Driver shall delist their name.

    17. MANDATORY I.O.C.S. CHAUFFEUR TRAINING AND GROOMING PROGRAMME
      1. a. Every "Service Provider" shall purchase the I.O.C.S. Chauffeur Training and Grooming Programme.
      2. b. Every "Service Provider" shall have heard all the 22 segments of the I.O.C.S. Chauffeur Training and Grooming Programme and have received his / her certificate from I.O.C.S. before starting to render "Services" on the Aap Ka Driver Platform.
      3. c. Every "Service Provider" shall strictly comply with all that is taught in the 22 modules of the I.O.C.S. Chauffeur Training and Grooming Programme.
      4. d. The "Service Provider" shall always perform all duties as is taught in the I.O.C.S. Chauffeur Training and Grooming Programme while rendering services to the "Service Seeker" and shall not refuse to perform any of the duties.
      5. e. Non compliance of what is taught in the I.O.C.S. Chauffeur Training and Grooming Programme will be considered a breach of this Agreement and could result in being fined and or suspended / withdrawn / black listed / terminated from rendering his Services through the Aap Ka Driver Platform with immediate effect.
    18. STEPS TO BE FOLLOWED

      Once the "Service Provider" has confirmed for an “Assignment”, the "Service Provider" has to mandatorily perform the following:

      ALARM ACCEPTANCE

      The "Service Provider" will have to accept the Alarm in Aap Ka Driver Platform when it rings by clicking on it.

      Not accepting the ALARM will be a breach of this agreement and will cancel the Assignment taken by the "Service Provider" and the Assignment will be float to another "Service Provider".

      IN and LOG IN

      CHECK IN ONE - The "Service Provider" has to click on it. This will be CHECK IN One.

      1. The CHECK IN ONE message will go to the "Service Seeker" informing that the "Service Provider" has left home for the assignment.

      CHECK IN TWO - The "Service Provider" has to click on it. This will be CHECK IN Two.

      1. The CHECK IN TWO message will go to the "Service Seeker" informing that the "Service Provider" will be reaching the "Service Seeker" in the next 15 minutes approximately.
      2. The CHECK IN TWO will be approximately three kms away from the "Service Seeker" address.
      3. The "Service Provider" must reach the address of the "Service Seeker" 15 minutes prior to booking time of the Assignment.

        LOG IN - The "Service Provider" must LOG IN at the START TIME of the Assignment.

        The Log IN message will go to the "Service Seeker" informing that the "Service Provider" has reached and that the "Assignment time" has started.

        Once the "Service Provider" has LOGGED IN, the "Assignment time" starts. It now depends on the client to use the services of the "Service Provider". The client will be billed from the start of the "Assignment time". Not LOGGING INN at the start of an "Assignment" for any reason shall result in a breach of this Agreement.

        LOG OUT - After completing the "Assignment", the "Service Provider" has to LOG OUT. After LOG OUT a bill will be shown on the "Service Provider" mobile phone and the bill shall be emailed to the "Service Provider". The "Service Provider" shall collect the payment mentioned in the bill from the "Service Seeker".

        "PAYMENT RECEIVED" - The "Service Provider" shall then collect payment for the "Assignment" and click on the “PAYMENT RECEIVED" pop up on the Aap Ka Driver Platform.

      4. Unless the "Payment" is received the "Service Provider" will not be able to access any new "Assignment".
      5. The "Service Provider" is then free to access a "New Assignment".
    19. NO NEW ASSIGNMENT
      1. a. While on a particular "Assignment", the "Service Provider" shall not be able to access any new "Assignment" requests.
      2. b. The next "Assignment can ONLY be accepted after "Payment Received" button is clicked on after completion of the current "Assignment".
      3. Any "Service Provider" that logs into consecutive "Assignments" in a day, the last "Assignment" shall be considered as the reporting location of the subsequent session.
    20. BEAR ALL COST OF TRANSPORTATION

      The "Service Provider" has to bear all costs, expenses/ charges of transportation.

      Aap Ka Driver shall not provide for any Transportation / Transportation cost/expenses/charges to the "Service Provider".

    21. STRICT DONT'S

      The following are the STRICT DONTS.

      If the "Service Provider" violates any of the STRICT DONTS he / she shall suspended / withdrawn / black listed / terminated.

      1. 1. Discounts to and Direct contact / services to "Service Seeker"
        The "Service Provider" shall not offer any discounts to "Service Seeker". The "Service Provider" shall not render Services directly to "Service Seeker" who has been rendered Services to on the Aap Ka Driver Platform.
      2. Missing / pilfered belongings :
        "Service Provider" shall not pilfer any belongings of "Service Seeker".
      3. Drink and Driving:
        "Service Provider" shall not drink and drive.
      4. Abusive language:
        "Service Provider" should not at any time use abusive language or do anything like abusing a "Service Seeker" or any such behavior which shall make the "Service Seeker" feel uncomfortable during the Assignment.
      5. Rude behavior / "Service Seeker" inconvenience:
        "Service Provider" shall not abandon the "Service Seeker" vehicle in the middle of an assignment even if any misunderstanding or verbal fights happen between the "Service Seeker" and the "Service Provider".
      6. Vehicle breakdown
        If Service Seeker"s vehicle breaks down, the "Service Provider" should assist the "Service Seeker" and reach the vehicle being driven by the "Service Provider" to a safe and secure location.
      7. Extra Ordinary Circumstances:
        Any instance of "Service Provider"s behavior should not be such that directly or indirectly impacts the Aap Ka Driver “Brand Image”.
    22. SOME IMPORTANT BRIEF POINTS
      1. Check car papers:

        Before starting the assignment the "Service Provider" shall ensure that the "Service Seeker"s car has the following documents:

        a. Registration Certificate of Vehicle – RC

        b. Valid insurance papers.

        c. Valid PUC

        If the "Service Seeker" car does NOT have the above papers the "Service Provider shall not continue the Assignment and promptly inform Aap Ka Driver of the same.

      2. Asking for Tips or Gratitude:

        "Service Provider shall not proactively ask for "tips" or "gratitude" of any kind from the "Service Seeker".

      3. Wasting "Service Seeker"s Time:

        "Service Provider shall not stop the "Service Seeker"s vehicle between the Assignment and the "Service Provider" shall not make any personal stops during the Assignment.

      4. Personal hygiene:

        "Service Provider" shall wear neat Aap Ka Driver the sleeveless jacket or such uniform as Aap Ka Driver specifies at all times while rendering the Services.

      5. "Service Seeker" Service:

        "Service Provider" shall greet every "Service Seeker" with a smile. "Service Provider" shall load / unload / deliver Service Seeker"s luggage during an Assignment.

      6. Car Cleanliness:

        "Service Provider" shall keep the "Service Seeker"s car clean during an Assignment.

      7. Disturbing "Service Seeker":

        "Service Provider" shall not play loud music (above mid-level of the stereo) or music through any kind of device.

        "Service Provider" shall avoid honking, unless necessary.

        "Service Provider" shall not chat with "Service Seeker" or get personal during an assignment.

      8. No Smoking / Tobacco / Pan Masala / Food Item:

        "Service Provider" shall not smoke or chew tobacco or pan or chewing gum during an assignment inside the car.

      9. Adequate change:

        The "Service Provider" shall ensure that he has adequate change with him so that at all times he is in the position to return the balance amount to the "Service Seeker".

      10. No fake or missed calls

        The "Service Provider" should not make any fake calls or give any missed calls to the "Service Seeker" contact numbers.

        The "Service Provider" should only give a call to the "Service Seeker" to confirm the Service Seeker"s exact location or informing the "Service Seeker" about his arrival at the destination of duty / assignment.

      11. Roads, routes and halting:

        The "Service Provider" shall ensure that he is well versed with the routes in the city.

      12. Reaching the point of duty / assignment 15 minutes before assignment:

        "Service Provider" should reach the point of duty / assignment 15 minutes before assignment.

        "Service Provider" must intimate the "Service Seeker" that he / she has reached point of duty / assignment.

      13. "Non-network" area parking.

        "Service Provider" shall not make any deliberate attempt to park the Service Seeker"s car in "non-network" area while the "Service Seeker" is away for his / her personal work during duty / assignment.

      14. Rude Behavior and Foul language:

        "Service Provider" shall not under any circumstance argue with "Service Seeker" or use bad words, foul language or raise his voice tone while talking to the "Service Seeker".

        "Service Provider" should at all times follow the instructions given by "Service Seeker".

      15. Mobile Phone Usage:

        "Service Provider" shall not use mobile phones while driving, neither directly nor indirectly through Bluetooth, hands free, speakerphone etc.

      16. Rash Driving:

        "Service Provider" shall not exceed the speed limit of:

        50 Kms per hour within the city;

        60 Kms per hour on state highways; and

        80 Kms per hour on National highways.

        If any other speed limits prescribed for any road which is lower than the speed limits specified in (i), (ii) and (iii) above, the "Service Provider" shall follow the said prescribed lower speed limits.

        "Service Provider" shall not apply sudden breaks and should not take sharp turns that may give jerks or cause inconvenience to the "Service Seeker".

      17. Traffic Rules:

        a. "Service Provider" shall obey all traffic rules including traffic signals.

        b. "Service Provider" shall inspect statutory documents namely insurance documents, vehicle registration book/card and PUC Certificate of the "Service Seeker" / client"s car that he is driving during the Assignment.

        c. "Service Provider" shall wear seat belt all the time while driving.

    23. LIABILITY AND RESPONSIBILITY OF AAP KA DRIVER TO

      "Service Provider"Notwithstanding anything contained herein above, Aap Ka Driver shall not be liable or responsible to the "Service Provider" for any reason whatsoever and in any manner whatsoever.

    24. SEVERABILITY

      Any provision of this Agreement which is prohibited by law shall be ineffective only to the extent of such prohibition without invalidating the remaining provisions of this Agreement, which will continue in full force and effect.

    25. FORCE MAJEURE:

      Neither Party shall be liable to the other for failure or delay in the performance of any of its obligations under this Agreement for the time nor to the extent if such failure or delay is caused by force majeure or reasons beyond the reasonable control of the concerned party. This will not however apply to the obligation to make accrued payments to each other.

    26. 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 this Agreement:

      1. (i) By electronic mail.
        For the purposes the electronic mail addresses of Aap Ka Driver shall be The electronic mail addresses of the Driver shall be
      2. (ii) By hand, against a written acknowledgement of receipt by the receiving Party (including by electronic mail).
      3. (iii) By registered mail.
        Any notice, request, or other communication given or made pursuant to this Agreement shall be deemed to have been received on receipt of a confirmation of successful delivery either by the receiving Party or by the communication "Service Provider".
    27. HEADINGS:

      The headings contained in this Agreement are solely for the purpose of reference and shall not in any way affect the meaning or interpretation of this Agreement.

    28. ARBITRATION, DISPUTE SETTLEMENT & JURISDICTION

      Any disputes or differences arising out of or pertaining to this Agreement, shall first be mutually resolved by the parties through amicable discussions, failing which through a sole arbitrator having summary powers, appointed by the statutory auditors of Aap Ka Driver, arbitration proceedings of which shall be conducted in Mumbai in English language in accordance with the provisions of the Arbitration & Conciliation Act, 1996 and /or any amendments thereto.

      Any disputes /difference not being the subject matter of such Arbitration proceedings shall be subject to the jurisdiction of the Courts of law at Mumbai alone.

      Aap Ka Driver shall be entitled to add to, vary or amend any or all of these terms and conditions at any time and "Service Provider" shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these Terms and Conditions or updated on the Aap Ka Driver Platform on the date that Aap Ka Driver may indicate that such addition, variation or amendment is to come into effect.

      Any disputes arising from or connected herewith shall be subject to the exclusive jurisdiction of the competent courts at Mumbai, Maharashtra, India.

    29. HEADINGS:

      The headings contained in this Agreement are solely for the purpose of reference and shall not in any way affect the meaning or interpretation of this Agreement.

    30. EFFECT OF AGREEMENT:

      Effect of Agreement: This Agreement represents the understanding and agreement between the Parties with respect to its subject matter as of the date of the Agreement. This Agreement supersedes all prior agreements, understandings or courses of performance. This Agreement may be modified or amended in accordance with the written communications and agreements made between the Company and the Affiliate.

    31. CONFIRMATION

      The "Service Provider" hereby confirms that he understands each term of this Agreement and the same has been explained to him in Hindi or any other regional language and that the "Service Provider" understands and agrees voluntarily without any reservation to be bound by this Agreement.

We are also featured on