TERMS OF USE FOR "SERVICE SEEKER"


THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING THE USE OF THE AAP KA DRIVER PLATFORM. YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH ONMOBI TECH PLATFORMS PRIVATE LIMITED.

I. INTRODUCTION

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 OnMobi Tech Platforms Private Limited holds the trademark of the brand name “AAP KA DRIVER”.

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/Platform).

"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 render Driver Services by listing him / her on the Aap Ka Driver Platform.

"Services" shall mean Driver Services.

"Service Seeker" means you and includes all individuals, entities, 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 Driver 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.

These terms of use ("Terms of Use") set forth the terms and conditions governing the Service Seeker use of this AAP KA DRIVER Platform. By accessing or using this Platform the Service Seeker accepts and agrees to be legally bound by this Terms of Use and our Privacy Policy, as they may be amended or supplemented from time to time.

II. Modification to this Terms of Use

AAP KA DRIVER may make changes to this Terms of Use from time to time in its sole discretion, by updating this posting on this AAP KA DRIVER Platform, and specifying the effective date of the new version of the Terms of Use. The continued use of the AAP KA DRIVER Platform following the posting of a new version of the Terms of Use constitutes acceptance of any such changes. Accordingly, whenever the Service Seeker visits the AAP KA DRIVER Platform, the Service Seeker should check to see if a new version of the Terms of Use has been posted.

III. Contact Information

If you have any questions or concerns with respect to this Terms of Use or the AAP KA DRIVER Platform you may contact a representative of AAP KA DRIVER by e-mailing us at support@aapkadriver.com.

IV. Disclaimer:

Service Seeker agrees and accepts that the use of the AAP KA DRIVER Platform to book "Driver Services" is at the sole risk of the Service Seeker, and further acknowledges that AAP KA DRIVER disclaims all representations and warranties of any kind, whether express or implied.

The "Service Provider" on the AAP KA DRIVER Platform are not employed by AAP KA DRIVER and AAP KA DRIVER only lists "Service Providers" charging a listing fee. If at any time you are not satisfied with the quality of the "Service Provider" you may at your discretion stop using the Driver Services of the Service Provider or AAP KA DRIVER Platform.

All "Service Providers" listed with the AAP KA DRIVER are continuously tracked using GPS for security reasons.

The Aap Ka Driver Platform is on "as is" and "as available" basis.

Aap Ka Driver shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the "Service Seeker" arising out of the failure of Aap Ka Driver Platform for any reason whatsoever including but not limited to any "Service Provider"s" non-compliance, misrepresentation 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.

Without prejudice to the above, Aap Ka Driver shall not be liable for any direct or indirect loss or damage, which may be suffered by the "Service Seeker" as a result of any failure by the "Service Provider".

Aap Ka Driver hereby represents that it is authorized to use the location-based information provided by any of the telecommunication companies when "Service Seekers" use the mobile phone to access the "Services" 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 Providers / Service Seekers.

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 Seeker" 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.

All calls made by "Service Seekers" 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. The "Service Seeker" 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.

Aap Ka Driver makes and shall make no representation or warranty to the "Service Seeker" that the service provided by Aap Ka Driver Platform will be uninterrupted, timely, secure, or error-free.

AAP KA DRIVER will not be responsible or liable for any loss or damage, howsoever caused or suffered any person or any organization arising from the use of the AAP KA DRIVER Platform /Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

V. Accident

AAP KA DRIVER shall not be responsible for any accident caused by the Service Providers in any manner whatsoever. All accidents shall be dealt in accordance with law and procedures in India.

VI. Services

AAP KA DRIVER through the AAP KA DRIVER Platform enables Service Providers to list themselves to offer Driver Services to Service Seekers through the AAP KA DRIVER Platform.

VII. Information

You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form on the AAP KA DRIVER Platform. If you provide information that is untrue, inaccurate, not current or incomplete, or AAP KA DRIVER has reasonable grounds to suspect that you have provided such information, we may (in addition to any other rights or remedies available to us), suspend or terminate your registration and refuse any and all current or future use of the AAP KA DRIVER Platform and the services (or any portion thereof).

VIII. Unauthorized use

You must immediately notify AAP KA DRIVER of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You should be cautious about sharing their account information with third parties. Each Service Seeker is responsible for the confidentiality of her/his personal information, including use of the account by any third party, whether or not such use is authorized by the Service Seeker.

IX. Confidentiality and your information

If you register yourself on our AAP KA DRIVER Platform, you are responsible for maintaining the confidentiality of your identification and password information, and for restricting access to your account / device. You agree to accept responsibility for all activities that occur under your identification and password.

When you sign up/ register on the AAP KA DRIVER Platform, your personal information will be registered automatically in our database which will be maintained by us and may be used for sending marketing and promotional emails, newsletters etc, if subscribed to. In case of change in personal information, you may write to us at the contact information provided above.

X. Documents in the car

The car to be driven by the "Service Provider" must have the copies of:

a. Registration Certificate of Vehicle – RC

b. Valid insurance papers.

c. Valid PUC

"Service Seeker" shall not allow the "Service Provider" to drive any vehicle without a Registration Certificate of Vehicle – RC book, valid insurance papers and valid PUC.

XI. List of Driver Services:

The list of Driver Services is on the Aap Ka Driver platform.

XII. Pricing:

All the services listed on the AAP KA DRIVER Platform will be rendered at the price listed on the AAP KA DRIVER Platform. AAP KA DRIVER retains the right in its sole discretion to vary the prices from time to time. Your continued use of the AAP KA DRIVER Platform following the posting of a new pricing of Services constitutes your acceptance of any such changes.

XIII. Payment for Driver Services:

Every "Service Seeker" shall make all payments directly to "Service Providers" by cash or electronic/ mobile payments.

Service Seeker is responsible for the prompt payment to the Service Provider for the Driver Services rendered by the Service Provider.

Non-payment can result in blacklisting of the Service Seeker and refusal of Services in the future without prejudice to any other action that may be taken.

"Service Seekers" are free to give the Service Provider any additional tips in appreciation of services as a good gesture.

All parking charges, toll charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the services shall be payable by Service Seekers/you at actuals.

XIV. Use of Service Guidelines:

Aap Ka Driver Platform is for use by persons only above the age of 18 years. Service Seeker shall not request the Service Provider to break any Traffic / RTO / City Police and / or government rules for any purpose more specifically and especially to reach the destination earlier. The Service Provider has the right to refuse such a request by Service Provider.

XV. Car segments and charges:

Car segments and Service Provider charges are available on the Aap Ka Driver platform. Aap Ka Driver does fix any charges. All charges on the Aap Ka Driver platform are driven by market forces and are subject to change as per market conditions.

XVI. Termination

AAP KA DRIVER shall have the right to terminate the right to use if AAP KA DRIVER, in its sole discretion, considers a Service Seeker to be engaged in unacceptable conduct, or in the event of breach of this Terms of Use.

XVII. Severability

If any provision of the Terms of Use is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Terms of Use shall continue in full force and effect.

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.

XIX. 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, Maharashtra, India 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, Maharashtra, India alone.

XX. 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.

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